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THE 


REVISED CODE 


OF 


Sie Lous 


(GENERAL ORDINANCES.) 


BEING REVISING ORDINANCE NUMBER 22902, APPROVED MARCH 19th, 1907; ‘SUPPLE- 
MENTED BY AN APPENDIX CONTAINING THE GENERAL ORDINANCES ENACTED 
BETWEEN THE DATE OF SUBMISSION TO THE ASSEMBLY OF 
THE REVISING ORDINANCE IN SEPTEMBER, 1906, AND THE 
CLOSE OF THE LAST SESSION IN APRIL 1907. 


IN CONNECTION WITH WHICH ARE PUBLISHED, WITH ANNOTATIONS, THE SCHEME OF 
SEPARATION AND THE CHARTER OF THE CITY OF ST. LOUIS, A COMPI- 
LATION. OF ~STATE< "LAWS" SPECIALDY), (APREICABLES TO StHEs Chhy yor 
ST. LOUIS, AND THE BOs AND FEDERAL CONSTITUTIONS; ALSO A 
TABLE OF MAYORS, ALDBRMEN, COUNCILMEN AND DELEGATES 
OF THE CITY OF ST. LQUIS FROM ITS EARLIEST ORGANI- 

ZATION IN 1823 TO! HE PRESENT TIME, AND THE 
PRESENT ELECTIVE AND APPOINTIVE 
OEBICERS OF THE:CITY “AND \ HEIR 
CHILE FRASS ITS VANAS:. 


All Published by Authority of the City of St. Louis as Set Forth in the 
Notice of Authentification Appearing Herein. 


BY 
WILLIAM F. WOERNER, 


OF THE ST. LOUIS BAR. 


ST. LOUIS, MO.: 
SAM’L F. MYERSON PRINTING Co., 
1907. 


N. O. G, 


PREFACE: 


In accordance with the periodical revision of the general ordinances re- 
quired by the Charter, the preliminary ordinance 22046 (supplemented by or- 
dinance 23110) authorized the preparation of ordinance 22902, to be known as 
“The Revised Code of St. Louis,” containing all ordinances of a general na- 
ture; and it was provided that in conjunction therewith there should be pub- 
lished, with annotations of the decisions specially affecting them, the Scheme 
of Separation, and the Charter of the City of St. Louis, also a collation of State 
Statutes specially applicable to the said City, and the State and Federal Con- 
stitutions. 


The reviser was appointed in accordance with the preliminary ordinance, 
in September, 1905, and in September, 1906, submitted to the Municipal Assem- 
bly the completed work, including in ordinance form the bill in revision, which 


subsequently became ‘The Revised Code,’ as well as the annotated Charter, 


«. “Scheme and State Laws specially applicable to St. Louis. 


4 
o> 


The ordinance in revision remained pending in the Municipal Assembly 
from its submission in September, 1906, until March 19, 1907, when it was 


finally approved and became ordinance number 22902, or “The Revised Code of 


te LAist: 


Since many laws and ordinances had been enacted and decisions rendered 
in the interim between the submission of the work to the Assembly and its pas- 
sage and approval, the work (in accordance with supplemental ordinance 
23110), was brought down to date of printing, the State Laws of 1907 specially 
applicable to St. Louis being inserted under that heading proper, and the new 
general ordinances being set forth in an Appendix, and references to these late 
amendments, laws and decisions were made in appropriate places throughout 
the work. 


The contract for printing of the entire volume was let and begun in May, 
1907, to be completed the following October. 


In the planning of the work into Chapters and Articles the reviser pre- 
served, whenever practicable, the order and arrangement of the preceding ex- 
cellent revision (in some instances even where a departure might otherwise 


have been considered) for the reason that City officials and others using these 


20b6b82 


volumes (many of whom are not lawyers) have become, from frequent con- 
sultation and long use, so familiar with the old arrangement and order thereof, 


that a rearrangement might serve to disturb or confuse, until learned anew. 


Since the authority of a reviser does not include the right of making sub- > 
stantial changes in the laws and ordinances themselves (see note on page 341), 
and as many of the ordinances in force seemed to require amendments, and 
many others to be repealed, and some subjects to require new provisions, the re- 
viser prepared and submitted for adoption by the Assembly a great many sug- 
gestions, in the form of ordinance bills, on matters occurring to him in the 
preparation of the work. Many of the suggested bills were adopted and in- 


corporated in the Revised Code, but many others failed of adoption. 


Little need be said in a preface concerning the merits and demerits of that 
part of the work properly within the functions of the reviser. Such matters will 
come out in, and can fairly be ascertained only by, the actual use of the book; 
besides which an author’s opinions are of no moment and often do not coincide 


with those of the reader. 


It is hoped, however, that the annotations (especially of the Charter pro- 
visions) to which the reviser devoted considerable labor, may prove of some 
value. It was sought to cite and discuss the decisions of our own courts bear- 
ing upon the same, with reasonable fullness; but decisions of other States, con- 
struing other charters or ordinances, and general discussions on municipal cor- 
poration law, were eliminated, because not properly embraced within the scope 
of an annotated revision, belonging more properly to the functions of a text- 


‘book. 


Bespeaking indulgence for probable imperfections in that part of the work 
properly chargeable to the reviser, this volume is respectfully submitted to 
the public. 


St. Louis, Sept. 25, 1907. WM. F. WOERNER. 


AUTHENTIFICATION . 


«THE REVISED CODE OF ST. LOUIS” 


City of St. Louis, 
Office of the Register, 


October 9, 1907. 


I, the undersigned, Register of the City of St. Louis, do hereby certify that in 
pursuance of the Charter of the City of St. Louis Article three, Section 29, was 
“duly enacted ordinance 22046 approved June 20, 1905, providing for the Re- 
vision of the General Ordinances of the City of St. Louis, being as follows, 


to-wit: 


An ordinance to provide for the revis- 
ion of the general ordinance of the City 
of. St. Louis in accordance with the provis- 
ions of Section Twenty-nine of Article 
Three of the Charter, and collation of all 
laws of the State of Missouri specially 
applicable to the City of St. Louis and 
an annotation and index-of all said ordi- 
nances and laws, and to provide for the 
appointment and compensation of a re- 
viser of said ordinances and to provide 
for the printing thereof and making an 
appropriation’ therefor. 


Be it Ordained by the Municipal As- 
sembly of the City of St. Louis, as fol- 
lows: 


Section One. The Mayor shall appoint, 
with the approval of the Council, a com- 
petent lawyer whose duties it shall be to 
revise the general ordinances of the City 
of St. Louis and prepare and submit to 
the Municipal Assembly in the form of an 
ordinance a complete revised code of said 
ordinances; and he shall collate all of 
the laws of the State of Missouri spe- 
cially. applicable to the City. of St. Louis. 
When the same is completed and said re- 
vised ordinance legally adopted by the 
Municipal Assembly said revised ordi- 
nance shall supersede and take the place 
of all general ordinance regulations, of 
the city, and all ordinances in conflict 
therewith shall be deemed repealed. 


Section Two. In connection with said 
revision of the general ordinances of the 
city there shall be published the Constitu- 
tion of the United States, the Constitution 
of the State of Missouri and all. statutes 
of the State of Missouri specially appli- 
cable to the City of St. Louis. There 
shall also be published in connection with 
said laws and ordinances a table of the 
Mayors, Aldermen, City Council and Mu- 

_ nicipal Assembly, as far as_ practicable, 
from the beginning of the City Govern- 
ment to and including the present time, 
which information shall be prepared by 
the reviser of ordinances and compiler of 
said laws, who shall also superintend the 
printing of said work in book form. 


Section Three. All subjects embraced in 
said revised ordinance shall be properly 
classified and arranged alphabetically 


with proper head notes and catch words, 
which revised ordinance when so com- 
pleted shall be styled ‘‘The Revised Code 
OLE SU uOULS 


Section Four. Said Revised Code and 
all laws of the State, including the Con- 
stitution, specially applicable to the City 
of St. Louis, shall be fully annotated by 
inserting in foot notes all decisions of 
the United States Courts, Supreme Court 
of Missouri, Courts of Appeals of Mis- 
souri relating to said laws, charter or or- 
dinances; and said revised code and said 
laws specially applicable to the City of 
St. Louis shall be indexed. 


Section Tive. The City Register is 
hereby directed to proceed as required by 
law to contract for printing in substan- 
tial book form fifteen hundred copies of 
said work, after said revised ordinance 
shall have been enacted by the Municipal 
Assembly and after said work has been 
fully completed by the reviser and com- 
piler thereof. 


Section Six. The compensation of the re- 
viser and compiler for all work contem- 
plated by this ordinance shall be five 
thousand dollars, payable out of an ap- 
propriation to be made for that purpose, 
upon the certificate of the Mayor that 
the said work has been properly done in 
accordance with this ordinance; and the 
printing and binding of said fifteen hun- 
dred copies of said work shall be paid for 
out of an appropriation to be made for 
that purpose. 


-Section Seven. There is hereby appro- 
priated and set apart out of the Muni- 
cipal Revenue the sum of five thousand 
dollars to be paid said reviser and com- 
piler as aforesaid; and the sum of four 
thousand dollars for the printing and 
pea es of fifteen hundred copies of said 
work. 


Section Bight. The Auditor is hereby 
directed to draw his warrants upon the 
Treasurer in not exceeding.the amounts 
and for the purpose above specified upon 
duly certified vouchers being presented 
therefor. 


Approved June 20, 1905. 


And thereafter was enacted ordinance 23110, approved July 9th, 1907, 
supplementary ‘to said former ordinance, and providing for an appendix there- 


to, and being as follows, to-wit: 


An ordinance to provide for the prepara- 
tion of an appendix in connection with 
the Revised Code of St. Louis, which is 
to contain a collation of general ordi- 
nances and of laws applicable to St. Louis, 
enacted since the submission to the Mu- 
nicipal Assembly of the work of the re- 
viser of said Revised Code of St. Louis, 
together with notations, and to provide 
for compensation to the reviser for such 
preparations, and to provide for the print- 


ing thereof with the Revised Code, and 
making appropriations therefor. 
Be it ordained by the Municipal As- 


sembly of the City of St. Louis, as fol- 
lows: 


Whereas, the Revision of the General 
Ordinances of the City of St. Louis and 
eollation of laws specially applicable to 
St. Louis and the annotation and indexing 
thereof was provided for by ordinance 
twenty-two thousand and forty-six, ap- 
proved June Twentieth, Nineteen Hundred 
and Five, and in pursuance of said ‘ordi- 
nances a Reviser was duly appointed and 
the work called for therein duly completed 
by him and submitted to the Municipal 
Assembly on September Twenty-first, 
Nineteen Hundred and Six, but said Re- 
vised Code of St. Louis was not enacted 
and approved until the passage of ordi- 
nance twenty-two thousand nine hundred 


and two, approved March Ninth, Nineteen 
Hundred and Seven, and, 
Whereas, during said interval between 


the introduction and passage thereof, 
many new ordinances were enacted, re- 
pealed or amended, and a session of the 
Legislature held, at which laws specially 
applicable to St. Louis were enacted, and 
numerous judicial decisions affecting the 
ordinances and laws were rendered, all 
of which matters were not, and could not, 
be included in said Revised Code, nor the 
compilation and annotations in connection 
therewith, because occurring after sub- 
mission of said work, and, 


Whereas, said Revised Code of St. 
Louis, as contemplated in said ordinance 
twenty-two thousand and _ forty-six is 
about to be published, and, 


Whereas, it is desirable that all said 
matters should be included and appear in 
the volume in which the said Revised Code 
Of (ol. LuOULS 1S sprinted. = so; as toy brine 


the same as nearly as practicable to the, 


present date, now, therefore, be it’ or- 


dained as follows: 


Section One. The Reviser of the General 
Ordinances appointed in pursuance of the 
provisions of ordinance twenty-two thou- 
sand and forty-six, to perform the duties 


and work therein required, is hereby di- 
rected and authorized to prepare for pub- 
lication in connection with the Revised 
Code of St. Louis, an appendix thereto 
setting out all general ordinances enacted, 
repealed or amended between the date of 
the submission to the Municipal Assembly 
of the said Reviser’s work on September 
twenty-first, nineteen hundred and _ six, 
and the expiration of the term of the last 
Municipal Assembly on April, nineteen 
hundred and seven, and in so far as prac- 
ticable to set out all laws specially ap- 
plicable to St. Louis enacted at the ses- 
sions of the State Legislature of nineteen 
hundred ‘and seven, and in all of said 
things to make reference thereto in the 
indexes of the Revised Code and to bring 
down to date so far as practicable the 
notation of decisions of the Appellate 
Courts of Missouri in the foot notes to 
the work submitted heretofore and to 
supervise the printing of all said work 
in the same manner as if it were a part 
of the said Revised Code. 


Section Two. The City Register is here- 
by directed and authorized to contract for 
the printing of said appendix as part of 
the volume containing the Revised Code 
of St. Louis. 


Section Three. The compensation of the 
Reviser and Compiler for all the addi- 
tional work in connection with said ap- 
pendix contemplated by this ordinance 
shall be seven hundred and fifty dollars, 
payable out of an appropriation to be 
made for that purpose, upon the certifi- 
cate of the Mayor, that the work has been 
properly done in accordance with this or- 
dinance and the expense of the printing 
of said appendix shall be paid for out 
of an appropriation to be made for that 
purpose. 


Section Four. There is hereby appropri- 
ated and set apart out of the municipal 
revenue in addition to the appropriation 
made by ordinance twenty-two thousand 
and forty-six, approved June twentieth. 
nineteen hundred and five, the sum of 
seven hundred and fifty dollars to be paid 
to said’ Reviser and Compiler as aforesaid, 
and the sum of five hundred dollars for 
the printing of said appendix in conjunc- 
tion with the Revised Code of St. Louis. 


Section Five. The Auditor is hereby di- 
rected to draw his warrants upon the 
Treasurer in not exceeding the amounts 
and for the purpose above specified upon 
duly certified vouchers being produced 
therefor. 


Approved July 9, 1907. 


And in pursuance of said ordinances was duly prepared and enacted ac- 
cording to law, the ordinance in revision, numbered 22902, approved March 
19, 1907, known as “The Revised Code of St. Louis.” 

And in pursuance of said ordinances, and under the further authority duly 
conferred according to law and by the City of St. Louis, is published this vol- 
ume containing “The Revised Code of St. Louis,” being said ordinance number 
22902 in revision of the general ordinances, as therein purported; and also is 
published the appendix thereto containing the general ordinances enacted after 
the submission to the Assembly of said revising ordinance, and down to the 
close of the session of the Municipal Assembly of 1906-1907, to-wit: April, 1907. 

And I certify that I have examined and compared all the ordinances em- 
braced in this volume with the original ordinances as officially enrolled in the 
records of the Register’s Office, and that all the said ordinances as in this vol- 
ume published are true copies of the said originals. 

A copy of this volume with my original certificate attached has been de- 
posited and is on file in the office of the Register of the City of St. Louis. 


a 
SEAL 


KH 


In Testimony WHEREOF, I have hereunto set my hand, and affixed 
the seal of the City of St. Louis, this 9th day of October, 1907. 


PATRICK J. REGAN, Register. 


aoe, ORSCONTENTS. 


Authentification to Revised Code 


PREEEX. 
Wem NeC LY Ce LUTTE tates eos) ec tatok Ghee er US ald webs a a's 
DRT oee Ce etn Ga A te eis aye nye abr ck eR lg west ale Grae « 
BGO eo etitseiOl OLR VLISSOUTT | x ahe ary even os hie eC et eee 
RELA RMR OIUONE Vote DSC ATIC ENG Sasa enla Tait anche Cel ce todd Secs eomnis i 
est OL WMLISSOUTI(: BA) Aten cc hale bes wee e ok nee 
TNGONMANELELO. - is ee ee Be Vices A Nea NER AEM 0 ALG sal ap ee een ti a 
PART T. 
"State Statutes specially applicable to the City of St. Louis 
erm LOC) ei mreenaern steed Sere Ss. a) JUNE AUR Raya Se UM a eae 
CONG LEE qe TST Ya aN BIE ane Se ay I Buna EN ict ey Or Abe nL 


PAR Erbe 
Reece cn cine Loti Of St. VOUS... 90s arenes Love eke 
The Scheme for the Separation and Reorganization of the City 
Pee cin yaOros tn LAiise( armotated fixe Jo. ee veaintene ieee «ees 
[S58 GS. (al! SS a lo PR ae eee RCSL, Sem MRT Ane AL 
eamderer Gl tie City Of st. batis, Caniotated)) . ook he's cu. . 


er het yey wey eh nee ee Mee eet eal Aa eo 


PART ITI. 
iterkevised) Goda orien Jonuis (annotated) roo oie en as 


Miessneretor(anciuding Append: oic. lcccuay acs yaad ys 


PART IV: 
MMC ata tee sae ha CLC aint. eek Yi a pene Meta by Vlas! ois aa ese ass 


ADDENDUM. 
Table of Mayors, Aldermen, Councilmen and Delegates 
CS EARS ORS. SEL SS ike Cae Aeon Mt ear RED eel SN aL 
Directory of the present members of the Municipal Assembly 
TE fo a OR Sie al Bova ara ire eer aS aes a ee oe 
Table of Boards of Public Improvements (1877-1907) ........ 


PE Renemema OOM LEL SCT VMOLICIAS «id. 5.4 betie'dls 2 vis wtecs vee «9s 


Present chief assistants to department heads..... ety ACA 


264-278 
279-286 
289-461 
463-542 


543-1130 
1165-1326 


1131-1164 


< ue 
a ee 
Wee" 


CONSTITUTION 


—OF THE— 


IND ED SOFA TES VOR AMERICA: 


CONTENTS: 


PREAMBLE. 


Objects of the Constitution. 
ARTICLE I—Of the Legislative Power. 
SECTION 


i 


> 


see 


es 


10. 
ARTICLE II—The xecutive Power. 


Legislative powers, where vested. 

House of Representatives, how and 
by whom chosen—qualifications of 
a Representative — representatives 
and direct taxes, how apportioned 
—census—vacancies to be filled— 
power of choosing officers, and of 
impeachment. . 

Senators, election and term of—how 
classified—State executive to make 
temporary appointments in case, 
etc.—qualifications of a Senator— 
President of the Senate, his right 
to vote—President pro tem. and 
other officers of the Senate, how 
chosen—power to try impeach- 
ments—when President is tried, 
chief justice to preside—sentence. 

Times, etc., of holding elections, how 
prescribed—one session in each 
year. 

Powers of each House—expulsion— 
journal and yeas and nays—time of 
adjournment limited, unless, etc. 

Compensation—privilege from arrest 
and for speech—disqualification in 
certain cases. 

House to originate all revenue bills 
—veto—bill may be passed by two- 
thirds of each House, notwithstand- 
ing, etc.—bill not returned in ten 
days—orders, resolutions and votes. 

General powers of Congress. 

Limitations of the powers of Con- 
gress—migration—habeas corpus— 
bills of attainder, ete.—taxes—no 
export duty—no commercial prefer- 
ences—no titular nobility—officers 
not to receive presents. 

Limitations of the powers of States. 


SECTION 


1. 


bo 


co 


President and Vzrce-President, their 
term of office—time of choosing 
electors—who may be elected Pres- 
ident—in case of the removal, etc., 
of the President, his powers de- 
volve on Vice-President—Presi- 
dent’s compensation—his oath. 

President to be commander-in-chief 
—power of pardon—of making 
treaties—of appointment—to fill 
vacancies, when. 

President shall communicate to Con- 
gress—may convene and adjourn 
Congress, when-——shali receive am- 
bassadors, execute laws and com- 
mission officers. 

Of. removal of officers by 
ment. 


impeach- 


SECT 
as 


9 


ae 


ARTICLE III—The Judiciary. 


ION 


Judicial 
tion. 
Judicial power, to what cases it ex- 
tends—original and appellate juris- 
diction of Supreme Court—of trial 

for crimes, where. 
Treason defined— proof 
ment of. 


power, tenure, compensa- 


of—punish- 


ARTICLE IV—Miscellaneous Provisions. 


SECT 
1; 


3) 


oo 


ARTI 
a5 


coro 


ION 


Credit to be given to public acts, 
‘ete., of every State. 

Privileges of citizens of each State—- 
fugitives from justice to be deliv- 
ered up—persons held to. service, 
having escaped, to be delivered up, 

Admission of new States—of the ter- 
ritory of the United States. 

Republican form of government 
guaranteed to the several States. 


ALLEL Hues 
Constitution, how amended—proviso. 


ARTICLE VI. 


Of the public debt—supremacy of 
the Constitution—treaties and laws 
of the United States—oath to sup- 
port Constitution, by whom taken 
—no religious test. 


ARTICLE VII. 
Ratification. 


AMENDMENTS. 

CLE 

Religion, establishment of prohibit- 
ed—freedom of speech, of the 
press, and right to petition. 

Right to Keep and bear arms. 

No soldier to be quartered 
house, unless, etc. 

Right of search and seizure regu- 
lated. 

Provisions concerning prosecutions, 
trials and punishments—private 
property not to be taken for public 
use, without, etc. 

Trial in criminal cases; 
of a defendant. 

Trial in civil cases. 

Excessive fines, ete., prohibited. 

Rights resefved. 

Powers reserved to the 
people. 

Judicial power—limitation of. 

Manner of electing President 
Vice-President. 

Slavery prohibited. 

Citizenship defined — apportionment 
of representation, etc. 

Elective franchise. 


in any 


the rights 


State or 


and 


2 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


Preamble.—We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the common 
defense, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this CONSTITUTION 
FOR THE UNITED STATES OF AMERICA. 


ARTICLE I. 


OF THE LEGISLATIVE POWER. 

Section 1. Legislative power, where vested.—All legislative powers herein 
granted shall be vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Sec. 2. House of Representatives, how and by whom chosen.—The House 
of Representatives shall be composed of members chosen every second year by 
the people of the several States, and the electors in each State shall have the quali- 
fications requisite for electors of the most numerous branch of the State Legis- 
lature. 

Qualifications of Representative.—No person shall be a Representative who 
shall not have attained to the age of twenty-five years and been seven years a 
citizen of the United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

Apportionment of Representatives and direct taxes—census.—Representa- 
tives and direct taxes shall be apportioned among the several States which may 
be included within this Union, according to their respective numbers, which shail 
be determined by adding to the whole number of free persons, including those 
bound to service for a term of years, and including Indians not taxed, three-fifths 
of all other persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. The 
number :of Representatives shall not exceed one for every thirty thousand, but 
each State shall have at least one representative, and until such enumeration 
shall be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Plantations one, Con- 
necticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia 
three. 

Vacancies in House of Representatives.—When vacancies happen in the rep- 
resentation from any State, the executive authority thereof shall issue writs 
of election to fill such vacancies. 

Speaker and officers of House—impeachment.—The House of Representatives 
shall choose their speaker and other officers; and shall have the sole power of 
impeachment. - 

Sec. 3. Senators—election and term of.—The Senate of the United States 
shall be composed of two Senators from each State, chosen by the Legislature 
thereof, for six years; and each senator shall have one vote. 

Division into classes—vacancies—qualifications.—Immediately after they shall 
be assembled in consequence of the first election, they shall be divided as equally 
as may be into three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year; and if vacancies happen by 
resignation, or otherwise, during the recess of the Legislature of any State, the 
executive thereof may make temporary appointments until the next meeting of 
the Legislature, which shall then fill such vacancies. No person shall be a Senator 
who shall not have attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when elected, be an inhabitant of 
that State for which he shall be chosen. 

Vice-President.—The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally divided. 

President pro tem. and other officers of Senate.—The Senate shall choose 
their other officers, and also a President pro tempore, in the absence of the Vice- 
President, or when he shall exercise the office of President of the United States. 

Impeachment, power to try—presiding officer on trial.—The Senate shall 
have the sole power to try all impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Judgment on Impeachment.—Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment and punish- 
ment according to law. 


CONSTITUTION OF THE UNITED STATES OF AMERICA. 3 


Sec. 4. Election of Senators and Representatives—sessions of Congress.— - 
The times, places and manner of holding elections for Senators and Representa- 
tives shall be prescribed in each State by the Legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, except as to the places 
of choosing Senators. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless they shall, 
by law, appoint a different day. 

Sec. 5. Qualifications of members—judges of, quorum.—Each house shail 
be the judge of the elections, returns and qualifications of its own members, and 
a majority of each shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel the attendance 
of absent members, in such manner and under such penalties as each house may 
provide. 

Rules of proceedings—contempts, expulsions.—Each house may determine 
the rules of its proceedings, punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member. 

Journals—yeas and nays.—Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be entered on 
the journal. 

Adjournments.—Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sec. 6. Compensation of members—privileges.—The Senators and Repres- 
entatives shall receive a compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United States. They shall, in all cases, 
except treason, felony and breach of the peace, be privileged from arrest during 
their attendance at the session of their respective houses, and in going to and re- 
turning from the same; and for any speech or debate in either house, they shall 
not be questioned in any other place. 

Ineligibility to office.—No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office under the authority of 
the United States, which shall have been created, or the emoluments whereof shall 
have been increased, during such time; and no person holding any office under 
the United States shall be a member of either house during his continuance in 
office. 

Sec. 7. Revenue Bills—where to originate.—All bills for raising revenue 
shall originate in the House of Representatives; but the Senate may propose or 
concur with amendments as on other bills. 

Bills, approval of President—veto proceedings thereon.—Every bill which 
shall have passed the House of Representatives and the Senate shall, before it 
become a law, be presented to the President of the United States; if he approve 
he shall sign it, but if not he shall return it with his objections to that house in 
which it shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such reconsideration two-thirds of 
that house shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such cases the votes 
of both houses shall be determined by yeas and nays, and the names of persons 
voting for and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the congress by their 
adjournment prevent its return, in which case it shall not be a law. 

Orders, resolutions and votes—President’s approval, veto.—Every order, reso- 
lution or vote to which the concurrence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment) shall be presented to the 
President of the United States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to the rules and limitations 
prescribed in the case of a bill. 

Sec. 8. Powers of Congress.-—The Congress shall have power: 

To lay and collect taxes, duties, imposts and excises, to pay the debts and 
provide for the common defense and general welfare of the United 
States; but all duties, imposts and excises shall be uniform throughout 
the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes: 


4 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


To establish an uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies, throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, and fix the 
standard of weights and measures; 

To provide for the punishment of counterfeiting the securities and current 
coin of the United States; 

To establish postoffices and post roads; 

To promote the progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive right to their respective 
writings and discoveries; 

To constitute tribunals inferior to the supreme court; 

To define and punish piracies and felonies committed on the high seas, and 
offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water; 

To raise and support armies, but no appropriation of money to that use 
shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and naval 
forces; 

To provide for calling forth the milita to execute the laws of the Union, 
suppress insurrections and repel invasions; 

To provide for organizing, arming and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment of the 
officers, and the authority of training the militia according to the dis- 
cipline prescribed by Congress; 

To exercise exclusive legislation, in all cases whatsoever, over such district 
(not exceeding ten miles square) as may, by cession of particular States, 
and the acceptance of Congress, become the seat of government of the 
United States, and to execute like authority over all places purchased by 
the consent of the legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dock yards and other needful 
buildings; and 

To make all laws which shail be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this con- 
stitution in the government of the United States, or in any department or 
officer thereof. 

Sec. 9. Migration and importation of persons.—The migration or importa- 
tion of such persons as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

Writ of habeas corpus.—The privilege of the writ of habeas corpus shall not 
be suspended unless when in cases of rebellion or invasion the public safety may 
require it. 

Bills of attainder and ex post facto laws.—No bill of attainder or ex post facto 
law shall be passed. 

Capitation and direct taxes.—No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration hereinbefore directed to he 
taken. 

Taxation on exports—Commercial regulations.—No tax or duty shall be laid 
on articles exported from any State. No preference shall be given by any regula- 
tion of commerce or revenue to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, clear or pay duties in 
another. 

Appropriations of public money—accounts.—No money shall be drawn from 
the treasury but in consequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of all public money shall 
be published from time to time. 

Titles of nobility—presents, etc., to officers.—No title of nobility shall be 
granted by the United States; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, accept of any present, 
orate office or title, of any kind whatever, from any king, prince or foreign 
state. 

Sec. 10. Limitations of the powers of states.—No State shall enter into any 
treaty, alliance or confederation; grant letters of marque and reprisal; coin 
money; emit bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 


CONSTITUTION OIF THE UNITED STATES OF AMERICA. 5 


No State shall, without the consent of the Congress, lay any imposts or duties 
on imports or exports, except what may be absolutely necessary for executing its 
inspection laws; and the net produce of all duties and imposts laid by any State on 
imports or exports shall be for the use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty of tonnage, 
keep troops or ships of war in time of peace, enter into any agreement or compact 
‘with another State, or with a foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit of delay. 


ARTICLE II. 


OF THE EXECUTIVE. 


Section 1. President and Vice-President—term of office, election of.—The 
executive power shall be vested in a President of the United States of America. 
He shall hold his office during the term of four years, and, together with the Vice- 
President, chosen for the same time, be elected as follows: 

Each State shall appoint, in such manner as the legislature thereof may direct, 
a number of electors, equal to the whole number of Senators and Rrepresentatives 
to which the State may be entitled in the Congress; but no Senator or Representa- 
tive, or person holding an office of trust or profit under the United States, shall be 
appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot for two 
persons, of whom one at least shall not be an inhabitant of the same State with 
themselves. And they shall make a list of all the persons voted for, and of the 
number of votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to the President 
of the Senate. The president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the President, 
if such number be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately choose by ballot one of 
them for President; and if no person have a majority, then from the five highest 
on the list, the said House shall in like manner choose the President. But in 
choosing the President, the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of a member 
or members from two-thirds of the States, and a majority of all the States shall 
be necessary to a choice. In every case, after the choice of the President, the per- 
son having the greatest number of votes of the electors shall be the Vice-President. 
But if there should remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President. ] 

[This clause has been superseded by the twelfth amendment. ] 

Time of choosing electors.—The congress may determine the time of choosing 
the electors, and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

President’s qualifications.—No person, except a natural born citizen, or a 
citizen of the United States at the time of the adoption of this constitution, shail 
be eligible to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

Vacancy in office of President.—In case of the removal of the President from 
office, or of his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and the Congress 
may, by law, provide for the case of removal, death, resignation, or inability, both 
of the President and Vice-President, declaring what officer shall then act as Presi- 
dent, and such officer shall act accordingly, until the disability be removed, or a 
President shall be elected. The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive within 
that period any other emolument from the United States, or any of them. 

Oath of.—Before he enter on the execution of his office, he shall take the foi- 
lowing oath or affirmation: 

“T do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will, to the best of my ability, preserve, protect 
and defend the constitution of the United States.’’ 

Sec. 2. Powers and duties of President.—The President shall be commander- 
in-chief of the army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he may require the 
opinion, in writing, of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices, and he shall have 


6 CONSTITUTION OF THE UNITED STATES OF AMERICA. 


power to grant reprieves and pardons for offenses against the United States, except 
in cases of impeachment. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Senators present concur; 
and he shall nominate, and, by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States whose appointments are 
not herein otherwise provided for, and which shall be established by law; but the 
Congress may, by law, vest the appointment of such inferior officers, as they thint 
proper, in the President alone, in the courts of law, or in the heads of departments. 

Vacancies in office.—The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting commissions, which 
shall expire at the end of their next session. 

Sec. 3. Powers and duties of President, continued.—He shall, from time to 
time, give to the Congress information of the state of the Union, and recommend to 
their consideration such measures as he shall judge necessary and expedient; he 
may, on extraordinary occasions, convene both houses, or either of them, and in 
case of disagreement between them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper; he shall receive ambas- 
sadors and other public ministers; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United States. 

Sec. 4. Conviction of treason, etc.—The President, Vice-President, and all 
civil officers of the United States, shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and misdemeanors. 


ARTICLE III. 


OF THE JUDICIARY. 


Section 1. Judicial power—judges—compensation—tenure of office.—The 
judicial power of the United States shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may from time to time ordain and establish. 
The judges, both of the supreme and inferior courts, shall hold their offices during 
good behavior, and shall, at stated times, receive for their services a compensa- 
tion, which shall not be diminished during their continuance in office. 

Sec. 2. Judicial power—extends to what—Supreme Court, jurisdiction of.— 
The judicial power shall extend to all cases, in law and equity, arising under this 
Constitution, the laws of the United States, and treaties made or which shall be 
made under their authority; to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to 
controversies to which the United States shall be a party; to controversies between 
two or more States; between a State and citizens of another State; between 
citizens of different States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, and 
those in which a State shall be party, the supreme court shall have original juris- 
diction. In all the other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such exceptions and under 
such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by jury; and 
such trial shall be held in the State where the said crimes shall have been com- 
mitted; but when not committed within any State, the trial shall be at such place 
or places as the Congress may by law have directed. 

Sec. 3. Treason against the United States.—Treason against the United States 
shall consist only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession in open 
court. 

The Congress shall have power to declare the punishment of treason, but no 
attainder of treason shall work corruption of blood, or forfeiture except during the 
life of the person attainted. 

ARTICLE IV. 


MISCELLANEOUS PROVISIONS. 


Section 1. Records and judicial proceedings of sister States.—Full faith and 
credit shall be given in each State to the public acts, records and judicial proceed- 
{ngs of every other State. And the Congress may by general laws prescribe the 
manner in which such acts, records and ‘proceedings shall be proved, and the effect 
thereof. oa: 

Sec. 2. Privileges and immunities of the citizens of several States.—The citi- 
zens of each State shall be entitled to all privileges and immunities of citizens in 
the several States. 


CONSTITUTION OF THE UNITED STATES OF AMERICA. fi 


Fugitives from justice.—A person charged in any State with treason, felony 
or other crime, who shall flee from justice and be found in another State, shall, on 
demand of the executive authority of the State from which he fled, be delivered 
up to be removed to the State having jurisdiction of the crime. 

Fugitives from service or labor.—No person held to service or labor in one 
State, under the laws thereof, escaping into another, shall in consequence of any 
law or regulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may be 
due. 

Sec. 3. Admission of new States.—New States may be admitted by the Con- 
gress into this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State, nor any State be formed by the junction of two or 
more States or parts of States, without the consent of the Legislatures of the 
States concerned as well as of the Congress. 

Government of United States—territory and property.—The Congress shall 
have power to dispose of and make all needful rules and regulations respecting the 
territory or other property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of the United States or 
of any particular State. 

Sec. 4. Guaranty to each State of a Republican form of government.—The 
United States shall guarantee to every State in this Union a republican form of 
government, and shall protect each of them against invasion, and, on application 
of the Legislature or of the executive (when the Legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 


Amendments to Constitution.—The Congress, whenever two-thirds of both 
houses shall deem it necessary, shall propose amendments to this Constitution, or 
on the application of the Legislatures of two-thirds of the several States, shall call 
a convention for proposing amendments, which in either case shall be valid to all 
intents and purposes as part of this Constitution, when ratified by the Legislatures 
of three-fourths of the several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed by the Congress: 
Provided, That no amendment which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 


ARTICLE VI. 


Debts prior to adoption of Constitution.—All debts contracted and engage- 
ments entered into before the adoption of this Constitution shall be as valid against 
the United States under this Constitution as under the confederation. 

Supreme law of the land.—This Constitution and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made or which shall be 
made under the authority of the United States, shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, anything in the Con- 
stitution or laws of any State to the contrary notwithstanding. 

Oath to support Constitution of United States—no religious test for United 
States office.—The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial officers, both 
of the United States and of the several States, shall be bound, by oath or affirma- 
tion, to support this Constitution; but no religious test shall ever be required as 
a qualification to any office or public trust under the United States. 


ARTICLE VII. 


Ratification of Constitution.—The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Constitution between the States so 
ratifying the same. 

Done in convention, by the unanimous consent of the States present, the 
seventeenth day of September, in the year of our Lord one thousand seven hundred 
and eighty-seven and of the Independence of the United States of America, the 
twelfth. In witness whereof, we have hereunto subscribed our names. 


GEORGE WASHINGTON, President. 
Attest: WILLIAM JACKSON, Secretary. 


AMENDMENTS TO THE CONSTITUTION. 


PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE 
SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE 
ORIGINAL CONSTITUTION. 


ARTICLE I. 


Religious liberty—freedom of speech—right of petition.— Congress shall make 
no law respecting an establishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of the press, or the right of the 
people peaceably to assemble, and to petition the government for a redress of 


grievances. 
: ARTICLE II. 


Right to bear arms.—A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms shall not be in- 
fringed. 

ARTICLE III. 


Quartering of soldiers.—No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of war but in a manner 


prescribed by law. 
ARTICLE IV. 


Unreasonable searches, seizures, etc., prohibited.—The right of the people to 
be secure in their persons, houses, papers and effects against unreasonable searches 
and seizures shall not be violated, and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 


ARTICLE V. 


Rights of persons accused of crime—right of property, etc.—No person shail 
be held to answer for a capital or otherwise infamous crime unless on a present- 
ment or indictment of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war or public danger; 
nor shall any person be subject for the same offense to be twice put in jeopardy of 
life or limb; nor shall be compelled in any criminal case to be a witness against 
~ himself, nor be deprived of life, liberty or property without due process of law; 
nor shall private property be taken for public use without just compensation. 


ARTICLE VI. 


Criminal prosecutions—speedy trial, etc.—In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial by an impartial jury of 
the State and district wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 


ARTICLE VII. 


Trial by jury in civil actions.—In suits at common law where the value fn con- 
troversy shall exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any court of the 
United States, than according to the rules of common law. 


AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. 9 


ARTICLE VIII. 


Excessive fines, etc., prohibited.—Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishment inflicted. 


ARTICLE IX. 


Rights retained by the people.—The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others retained by the people. 


ARTICLE X. 


Powers reserved to the State or people.—The powers not delegated to the 
United States by the Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 


ARTICLE XI. 


Judicial power—limitation on.—The judicial power of the United States shall 
not be construed to extend to any suit in law or equity commenced or prosecuted 
against one of the United States by citizens of another State, or by citizens or sub- 
jects of any foreign State. 

ARTICLE XII. 


Election of President and Vice-President.—The electors shall meet in their 
respective States and vote by ballot for President and Vice-President, one of 
whom at least, shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice-President, and they shall make distinct lists of all 
persons voted for as President, and of all persons voted for as Vice-President, and 
of the number of votes for each, which list they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, directed to the president 
of the Senate; the president of the Senate shall, in presence of the Senate and House 
of Representatives, open all certificates, and the votes shall then be counted; the 
person having the greatest number of votes for President shall be President, if 
such number be a majority of the whole number of electors appointed; and if no 
person have such majority, then from the persons having the highest number not 
exceeding three on the list of those voted for as President, the House of Represent- 
atives shall choose immediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States shall be necessary 
to a choice. And if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them before the fourth day of 
March next following, then the Vice-President shall act as President, as in the case 
of death or other constitutional disability of the President. The person having the 
greatest number of votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list the Senate shail 
choose the Vice-President; a quorum for the purpose shall consist of two-thirds of 
the whole number of Senators, and a majority of the whole number shall be neces- 
sary to a choice. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 


ARTICLE XIII. 


Section 1. Slavery prohibited.—Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been duly convicted, 
shall exist within the United States or any place subject to their jurisdiction. 

Sec. 2 Enforcement of prohibition.—Congress shall have power to enforce 
this article by appropriate legislation. 


ARTICLE XIV. 


Section 1. Citizenship—rights of citizens—due process of law and equal pro- 
tection of the laws.—All persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States, nor shall any State 
deprive any person of life, liberty or property without due process of law, nor 
deny to any person within its jurisdiction the equal protection of the laws. 


10 AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. 


Sec. 2. Apportionment of Representatives.—Representatives shall be appor- 
tioned among the several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for President and Vice- 
President of the United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one years of age and citi- 
zens of the United States, or in any way abridged, except for participation in re- 
bellion or other crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. Disqualifications to hold office——No person shall be a Senator or 
Representative in Congress, or elector of President or Vice-President, or hold any 
office, civil or military, under the United States or under any State, who, having 
previously taken an oath as a member of Congress or as an Officer of the United 
States, or as a member of any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds of each house, re- 
move such disability. 

Sec. 4. Public debt.—The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave, but all such debts, obligations and claims 
shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. 


ARTICLE XV. 


Section 1. Elective franchise.—The rights of citizens of the United States to 
vote shall not be denied or abridged by the United States, or any State, on account 
of race or color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this article by appropriate 
legislation. 


INDEX TO THE CONSTITUTION OF THE UNITED STATES. 


A 
ACTS— 


records and judicial proceed- 
ings of each State entitled 
to faith and credit in other 
SPA LOS eee cae iste hers Kes 
AMENDMENTS— 
to the Constitution, how made 
APPOINTMENTS— 
to be made by the president.. 
APPORTIONMENT— 
of representatives 
ditto Amendments 
APPROPRIATIONS— 
DMR Water des hot ey are eke ae hoe cls 


a Bie we ee Perea se 


eae Te to raise and support 


right of the people to keep 
AaNOU DEAT. at. set Amendments 
ARTS AND SCIENCES— 
LORDCTDLOMOLCO a re ee oe ee 
ASSEMBLE— 
people may 
ATTAINDER— 
bill of, prohibited to congress 
prohibited to the States...... 
of treason shall not work cor- 
ruption of blood or forfeit- 
ure, except during the life of 
the person attainted........ 


oe bets Amendments 


B 
BAIL— 
excessive, not required...... 
BaeY caceeeetedel ce 6 oe Amendments 
BANKRUPTCY LAWS— 
LOM Can LDLTT £O DIN eae tes ees Fee 
BILLS— 
for raising revenue shall orig- 
inate in the house of repre- 
sentatives 
before they become Iaws shall 
be passed by both houses 
and approved by the presi- 
dent, or, if disapproved, shall 
be passed by two-thirds of 
each house 
not returned in ten days, un- 


Plat ww eee) a6) «ele wf Rte Ke 


Cus OCLC Le C66 6 em! Che ee me 


less an adjournment inter- 
vene ecnall. ber laws. ae. 

BORROW MONEY— 
CME ETB INIA, Volos he va Yall al, te ee hs 

cS 

CAPELLA LION LA Xx—— 
AODOLCIONMENS Ola eee ee 

CENSUS— 

or enumeration, to be made 


CVELVA LON SV CALS eet seis ec eres 
CITIZENS— 

of each State shall be entitled 

to the privileges and immu- 

nities of citizens in the sev- 

eral States 

of the United States, who are 

Amendments 

of the United States not to be 


een Oi OS a, 8 Pee. We RIE 6 ore 


A161 RS we ene &)' S16) 6. 6. a O6 


abridged in privileges, etc., 
by any State...Amendments 
CLAIMS— 


no prejudice to certain....... 
CLAIMS 
of the United States, or of the 
several States, not to be pre- 
judiced by any construction 
of the Constitution......... 
COASTING TRADE— 
regulations respecting 


a ee 


Art. Sec. 
4 1 
5 of 
2 2 
1 2 

14 2 
1 9 
1 8 
it 8 
2 
at 8 
1 
it 9 
1 10 
3 3 
8 
1 8 
1 7 
a 7 
1 7 
1 8 
1 9 
1 2 
4 2 

14 1 

15 1 
4 3 
4 3 
1 3 


COINS— 
eign 


COMMERCE— 
congress to regulate. 2 2% %, 35... 
regulations respecting, to be 
ClowpesMineze eke! Abbaphwenm cel wi wie res oe 


COMMISSIONS— 
to be granted by the president 


COMMON LAW— 
Ree e aes and established. 
Amendments 


SM Be 26 60 16) 6.5676. 16 6 06 6 6 hk 6 & SS 


P28 SOE: ale. Big 


CONGRESS— 
Vested with POWer,. «. >... a-++-: 
may alter the regulations of 

State legislatures concerning 
elections of senators and 
representatives, except as to 
place of choosing senators.. 
shall assemble once every year 
officers of government cannot 
be members of 
may provide for cases of re- 
moval, death, etc., of presi- 
dent and vice-president..... 
may determine the time of 
choosing electors of presi- 
dent and vice-president..... 
may invest the appointment of 
inferior officers in the presi- 
dent alone, in courts of law, 
or the heads of departments. 
may establish courts inferior 
toy thessupLremMmes courte... 2... 
may declare the punishment of 
treason 
may prescribe the manner of 
proving the acts and records 
Otes CACHES CA EC ee cee fate chee a 
to assent to the formation of 
new States 


Le Ce Pe 


Brae eee, wl dts Asy c- «m2 1e)) 8 ows \e 


Sixw.@ 0 GU je) nue le 6 «: 6) es &: "9 


may propose amendments to 
Constitution or call a con- 
WEIN CLO Deere artes at aoke's 6 lem) aces 


LOollay_ and, collectsaquties:. 4... 
COMDOTRTO Ws TOD GC Veer tere doin ued onan 
to regulate commerce........ 
to establish uniform laws of 
bankruptcy and naturaliza- 
LIOT Pee ne ost eeteytals Steno ss 
to coin money, regulate the 
value of coin and fix a stand- 
ard of weights and measures 
to punish counterfeiting...... 
to constitute tribunals inferior 
ta the Suprenie, COUrt. . ses 
to define and punish pirates, 
felonies on high seas and of- 
fenses against the laws of 
nations 
to establish post-offices and 
post-roads 
to authorize patents to auth- 
Ors wanaeuin ven tOLSs 2.6. 6 =..)- 
to declare war, grant letters 
of marque and make rules 
concerning captures 
to raise and support armies.. 
to provide and maintain a navy 
to make rules for the govern- 
ment of the army and navy 
to call out the militia in cer- 
tain cases 
to organize, 
DUN Se mill Cisse si terse eal 
to exercise exclusive legisla- 
tion over seat of government 
to pass laws necessary to car- 
ry the enumerated powers 
into effect 


Sees Oe & be Rua 6 oye e 2, e's 66 Se 


BO. 6. S06, EP 1S Oe SS) S BCT ee 


elt. 6 € Sm Cen Ow 606 46" © 


arm and disci- 


Fas Set TS 678 26.8 8g S618 


Art. Sec 
i 8 
1 8 
1 9 
2 3 
7 
1 i 
1 4 
if 4 
1 6 
2 1 
2 zi 
2 2 
3 il 
3 3 
4 1 
4 3 
5 1 
1 8 
1 8 
if 8 
1 3 
1 8 
1 8 
aL 8 
1 8 
1 8 
1 8 
1 8 
1 § 
1 8 
1 8 
1 8 
il 8 
1 8 
1 8 


12 INDEX U. 


CONGRESS—Continued. 
to dispose of and make rules 
concerning the territory or 
other property of the United 


SCAtESier wae arene eben Pelee 
Maye Ventorce seart. pec ll LaesoL 
amendment by appropriate 
legislation .... Amendments 


may remove disabilities aris- 
Ine Ou. Of S participations ain: 


rebellion .....-Amendments 
mayo Cnrorce arte wow lL VieoOL 
amendment by appropriate 
legislation ....Amendments 
may enforce’ art. XV © of 
amendment by appropriate 
legislation .....Amendments 
president may convene and 
adjourn, in certain cases.... 
CONSTITUTION— 


how amended 
laws and treaties declared to 
bey the supreme? laws ne. 
rendered operative by the rat- 
ification of nine States..... 
CONTRACTS— 
no law impairing to be enact- 
ed. Dy was State ates waco aes 
CONVENTIONS— 
for proposing amendments to 
the constitution 
COUNTERFEITING— 
congress to provide for the 
DUNIShNVEN tO Lees terete 
COURT, SUPREME— 
its original and appellate jur- 
isdiction 
COURTS— 
inferior to the supreme court 
may be ordained by congress 
inferior to the supreme court 
may be ordained by congress 
CRIMES— 


6s hel Fare a dole! 6B Le 


Ce 


persons accused of, fleeing 
from justice, may be de- 
TAT GEG cists tens tere Ne ete nko ata eh 


CRIMINAL PROSECUTIONS— 
proceedings in case of....... 
Amendments 


© Uo Olle ao. 8) le, le eae) © Be Olan 


DEBT, PUBLIC— 


validity of not to be ques- 

tioned. sec ese Amendments 
DEBTS— 

against the confederation to 

DEO Val Tie vtec teeta on recone 

incurred in aid of rebellion, 


and claims for loss of slaves, 
ileal ande vod. acer ket 
ata ese ena uate cya ts Amendments 
DISABILITIES— 
incurred by reason of partici- 
DaALionwinyrepDelion ves seen 
a leschatabeu aks! tale eta sce te Amendments 
DUTIES— 
to be laid by congress, and to 
be uniform 
further provision respecting... 
cannot be laid by the States.. 
on exports prohibited........ 
on imports and exports i 
posed by States shall inure 
to the treasury of _ the 
Winitedestatesmenc mice cee 


Oh Sta e, 6 alae jm sa. 8) sen a, 6 


ELECTIONS— 
of senators and representa- 
tives shall be prescribed by 
the States 
qualifications and returns of 
members of congress to be 
determined by each house.. 
ELECTORS— 
of president and vice-presi- 
dent, how chosen and their 
duties 
alterations as to.Amendments 
to vote the same day through- 
out the United States....... 
no senator or representative, 
or public officer, shall serve 
ERO Cotas Thee PES concer iy Tulle 


Cone (016, falas! 06 8 9," e ere, 6 Le 


@! @ ele: 0) 16,6 6, elma qe ea) aie Fe) ole) 


Art. Sec. 
4 3 
ile} 2 
14 3 
14 5 
15 2 
2 3 
5 1 
6 1 
7 a 
1 10 
5 il 
1 8 
3 2 
1 8 
3 
4 2 
3 2 
6 
14 4 
6 1 
14 4 
14 2 
a 8 
ib 9 
1 10 
il 9 
1 10 
1 4 
xf K 
2 1 
5 Wr ae 
24 1 
2 1 


S. CONSTITUTION. 


ELECTORS—Continued. 
disabilities for position of.... 
re Mioey y Vakuelameme a onts Amendments 
ENUMERATION— 
SVELrV ECEMWY CATS th ac ces tercheracheNs 
EXECUTIVE POW ER— 
vested in ae president 
president) 
EXPORTS— 
not TOwhbegtaxednrivcac wrote 
and imports, States prohibited 
from Jayinge Guties One ee). 
EX POST FACTO LAW— 
none shall “be: passed. wie. + else 
Drohibitedy toe Staves aie) a 


(see 


0) (0) @ 6 je) 6) BiG 6) 0) he we, 9) oe 


EF 
FINES— 
excessive, “prohibited... +s. > 
Sibriscia of stab oho ers wane ene Amendments 
FUGITIV ES— 


from justice to be delivered up 
from service may be reclaimed 


lal 
HABEAS CORPUS— 
writ of, can only be suspend- 
ed in cases of rebellion or 
invasion 


Art. Sec. 

14 3 
1 2 
2 1 
1 9 
1 10 
1 9 
1 10 
8 
4 2 
+ 2 


1 
HOUSE OF REPRESENTATIVES— 


(see representatives. ) 


IMPEACHMENT— 
to be brought by house of rep- 
resentatives i. geo weenie 
tried ‘by thetsens tepraeeaeareen 
judgment on 
all Civil ‘oTfiicerss lia blew tor... 
IMPORTATION OF SLAVES— 
not, Drohibitedeuily us see 
INVOLUNTARY SHERVITUDE— 
prohibited except as punish- 
ment for crime. Amendments 


J 


© le: fee: of ete ee else 19) eo ee Lm 


JUDGES— 
shall hold their offices during 
good behavior 
their compensation 
JUDICIARY— 
tribunals inferior to supreme 
court may be created 
JUDICIAL POW ER— 
vested in a supreme court and 
court inferior 
pOWwersPote thesgudiciary s..... 
restrictions as to suits against 
a Stater sake eon Amendments 
JUDICIAL PROCEEDINGS— 
of each State are entitled to 
faith and credit in every 
RO ee LST ae CR Ry AY RO Se arte ere 
JURY TRIAL— 
secured and shall be held in 
the State where the crime 
shall have been committed... 
further regulated. Amendments 
secured in suits at common 
law where the value in con- 
troversy shall exceed twenty 
dollars Amendments 


L 


Ce | 


6 se (ol ele a9! 0 
Peres. ¢ < @ 


oe (ea a, 6) 6 


LAW— 
what is declared the supreme. 


common, recognized and es- 
tablishedseavr.ci Amendments 
LAWS— 


president to see them faith- 
LUI DIVE XCCULEO aye siths aie ae teiee ince 
LEGISLATIVE POWERS— 


vested in congress—see Con- 
gress. 
LOANS— 
AULCROLLL Va LOmiie Cee ctr reat t 
M 
MARQUE AND REPRISAL— 
Letter sod mite often texte he ete ease « 
MILITIA— 


LOUD CCALICG SO Ute areca tiers antl ai" ae 
to be officered by the State.. 
to be commanded by the pres- 

ident 


© 0 6 6 @r 6 6/610 ¢ (0 ‘e)-0 6) © 6-6 #0) elapse 


lop ie™) 


ite} we CO'OO DS 


—s— 9 


Nore 


- b 


coo 060 


lo 


INDEX TO U. S. CONSTITUTION. 


MILITIA—Continued. 
their right to keep and bear 


arms secured...Amendments 
MONE Y— 
shall be drawn from the 


treasury only by appropria- 
LION Lewes ee Fe ea eR cle aes 
congress to coin and regulate 
VAI LOL a © PDOTTO Wir ize ste 
Spe Mey ewer Neb eGenee CORALS Bory canara ieee 


N 


NATURALIZATION— 

UNTO MN Tas Ol seer. crehe ert ace 
NAV Y— 

tabelaaegel: to provide and gov- 
NOBILITY — 

titles of, shall not be granted 

by thevwinited (States 7. ss. 
NOT Melee me ULACES weal se coca cberate 


OATH— O 
Of SDPFESIDGN Us a seis sco eta Nets tos 
OFFENSES 
ASaAINSCMaAWwu.OL Nations. 4. 11. 
presatht may grant pardons, 
Ctr sere atl hte eee ance Sie aeie 
no person to be put twice in 
jeopardy .Amendments 
Cie DUCE OI CErStrcr cus ean ss 
OF FICH— 
who ineligible for member of 
CONS TOSS eeer tetas Miedo e sie 
senator or representative not 


eligible for other office, 
VEY OT Spee Passe rete et atea Bat ht alles ge 
holder of, not to accept pres- 
ent or emolument' from 


LOTCI LN KIN Sy ROLCes clsyre e wrehere 
term of president and vice- 


DVSSTOST UA sis creeper ne, oie eee, eres 
who precluded from office of 
PUGCUCOL Mier lersvc.c sat emarane: coe. ee /starere 
vacancies, when filled by pres- 
LET CMe Gttuhebe o.cihotio nas Pots oeie' 


commissions to expire at end 
of next session of congress, 


NACI tas fois hover Lemay elie a fohe ce ote he 
who ineligible as_ senator, 
representative or elector, 
OlLCM aye cata setae Amendments 


OF FICERS— 
of the house of representa- 
tives shall be chosen by the 
NOUSOr ete Elite toor eco suet oe 
of the senate shall be chosen 
DYGACIIGMIS CNS Corry uleielel seks ieee he 
civil, may be removed by im- 
peachment 
ORDER— 
of one house requiring the 
concurrence of the other.. 


SS) 10) 6. die 6 # CBee > 6 '@ 10) oe 


PARDONS— P 
presiadentamay, STanvtccw. vane. 
PATENTS— 


to be granted to inventors.. 
PHRSONS— : 
held to service or labor, their 
importation or migration into 
the United States may be 
Drouibiced eaLter V1LS0S). fone 
escaping from one State to 
another shall be delivered up 
to those entitled to service. 
PETITION— 


raha Me piec # cy apace Amendments 
PIRAC Y— 

congress to prescribe punish- 

TEGUGLOU ah wes. yaaa cake de eye eel ane 


POST-OFFICES AND POST- OADS— 


establishment of 
POWERS— 
not delegated to congress nor 
prohibited to the States are 
reserved ....... Amendments 
legislative—see congress. 
executive—see president. 
Judicial—see judicial. 
PRESENT 
from foreign powers to Sal bia 
officers prohibited ... 


Se ele a POUR Sie Oe. © 


Art. Sec. 
2 

1 9 
1 8 
1 0 


10 


Bo 2 :60> 


bo wo -*~* &F © nr 


~~ Ww bd 


co ewe 


PRESS— 
TYECOOM TOLs os oes Amendments 


PRESIDENT OF THE UNITED STATES— 


vested with the executive power 


shall be chosen for four years 
how elected 
same 
CL LTEOUN EE Cee GL OTe NOT a err eretetaraiihe ae « 
who will act in case of vacancy 
COMDCT SELIG MnO l pes « eal cts tank 
shall take an oath of office.. 


2.8 6 G.008 4 « 6 6 a) Be 8 ee 


may be removed by impeach- 


TVET Ceteet coke Meteo eevee tire 6 telares 
commander of army, navy and 
pat Ells Iho) BDV Owe, yey AAS Prep ree rd CP ewer at eas 
may require the written opin- 
ions of the heads of depart- 
THC TUS ee ore Ciees cael siete lets vette ales te 
may reprieve and pardon..... 
may make treaties with the 
consent of the senate....... 
may appoint to office with the 
consent of the senate....... 
shall fill up vacancies happen- 
ing during the recess of the 
SQN AUG Mel isvedeh suiie lerebe elstelene locdvayous 
shall give information to con- 
gress and recommend meas- 
UIT OSMES era 7 ah een cn eae eee 
may convene both houses, or 
CliLHEreNOUSEIG 2 ee ce eberd see Rheks 
may adjourn them in case of 
disagreement 
shall receive ambassadors and 
public ministers 
shall take care that the laws 
be faithfully executed ..... 
shall commission all officers.. 
PRIVILEGES— 
and immunities of members of 


oe Ba « ws ete, 6 « ws > 8 


ae. 6) & o @ 6) 9 0 <)'e 


COMP TESS ee Fed etece ete ee naaies 
RE Car (See cttizens; also 
ts.) 
PROPERTY — 
congress to provide for care of 
Dis Gea etal ao chevaies spot av eveuchel oer cka's 


shall not be taken for public 
ORS without just compensa- 


TIOD hes alee Eee Amendments 
PUNISHMENTS 
eruel and unusual, prohibited 
SP Ae ace ala tol aia s Amendments 
Q 
QUARTERING— 
OLELGQODS?) f crecwe ae Amendments 
QUORUM— 


for business, what shall be a.. 
of States in choosing a presi- 
dent by the house of repre- 
sentatives 


REBELLION— 
disabilities incurred by reason 
OLeValcigi Pavlos k de joie 


13 
Art. Sec. 
1 
2 1 
a 1 
2 1 
12 NA 
Zz 1 
2 ib 
2 1 
2 1 
2 4 
2 2 
2 2 
2 2 
2 2 
2 2 
2 2 
2 4 
2 3 
2 3 
2 3 
2 3 
2 3 
ft 6 
4 3 
5 
8 
1 5 
2 1 
14 3 
1 9 
4 1 
1 
6 
BE 2 
1 2 
1 2 
14 3 
1 2 
14 2 
1 2 
1 2 
1 2 
1 5 
1 5 


SULA allo ia okelvc yal itie’ aris Amendments 
RECEIPTS— 
and expenditures, accounts of, 
LOL De DAL DILSIEG cio desl sy eres tee 
RECORDS— 
how to be authenticated...... 
RELIGION— 
no law to be made prohibiting 
ETEEMCKROLCISGH.O Leet. ao ols ae 
SRebalohe: banter eteaee ene Amendments 
religious test not required... 
REPRESENTATIVES, HOUSE OF— 
composed of members chosen 
every second year.......... 
qualifications of voters... . 
qualification of members..... 
tre ovatehe emer t Amendments 
BDDOFLIONMeNnt, CL es ka kas a 
apportionment of.Amendments 
vacancies, how supplied...... 
shall choose their officers.... 
shall have the power of im- 
TCG CHING Cie, ores whens ie ae ik cet 
shall be the judge of the elec- 
tion and qualifications of its 
MEIN DOTS. ahs oelatdes nee eas 
what shall be a quorum...... 


14 INDEX “TO ‘U.S. 
REPRESENTATIVES—HOUSE OF— 
Continued. Art. Sec. 
any number may adjourn, 
and compel the attendance 
oOffabsentecsieet joe eee 1 5 
REPRESENTATION— 
basis of, when reduced....... 
iniekete le rasercial eVemebens Amendments 14 a 
REPRIEPVES- — 
granted by the president..... 2 2 
Ss 
SENATE AND SENATORS— 
how chosen, classed and terms 
OL VSETVICCLTS. cee eset te Rees 1 3 
qualifications of senators..... 1 3 
a Rovenehe tone ate tere te ere Amendments 14 3 
vice-president to be president 
OLMth Cera Acs heat aatetetes ote ars 1 3 
shall choose their officers.. 1 3 
shall be the judge of the elec- 
tion and qualifications of its 
MeEMbDELS te yoke Meee wes 1 5 
what number shall be a quo- 
PUI ecco ae ee ate Seal ena ctetehe 1 5 
any number may adjourn, and 
compel the attendance of ab- 
SENTECECSUAN A. shee ie oe euareistess anaes 1 5) 
may determine its rules...... 1 5 
may punish or expela member 1 5 
shall keep a journal and pub- 
lish the same, except parts 
requiring Secrecy es. +s sue e kn ik 5 
shall not adjourn for more 
than three days, nor to any 
other place, without the con- 
sent of the other house..... 1 5 
one-fifth may require the yeas 
ANGSNAY,S weer eee ieee siete il 5 
may propose amendments to 
bills for raising revenue.. 1 7 
Snallotevanimpeachmen tse. 1 3 
effect of their See on 
impeachment Tate ctaabeatnety eke 1 3 
compensation to be. ascer- 
tained Pbyeula wee eee ie 1 6 
privileged from arrest........ 1) 6 
not questioned for any speech 
Or (AEDAtCHiscr sie eke os tl etelaue 1 6 
shall not be appointed to office 1 6 
senator shall not be elector. 2 al 
SENATORS AND REPRESENTATIVES— 
elections of, how prescribed. 4 
SERVITUDE, INVOLUNTARY— 
prohibited, except as punish- 
ment for crime.Amendments 13 1 
SLAVERY— 
not to exist within the United 
States or any place subject 
to their jurisdiction. 
Cea Busters ere aheemee Amendments 13 1 
SLAV ES— 
their importation may be pro- 
hibitedeatter TUS Sie. 4 ene it 9 
escaping from one State to an- 
other may be reclaimed..... 4 2 
SOLDIERS— 
not quartered on citizens..... 
Ey ahha Saget lerenetenets Amendments 3 
SPEAK HR— 
lalonyigexolaleisieral Gb Span Soe asec il 2 
SPEECH— 
freedom of... 3... Amendments 1 
STAT E— 
every, guaranteed a republic- 
an form of government pro- 
tected by United States..... 4 4 
STATES PROHIBITED FROM— 
entering into treaty, alliance 
Or confederation io. seo iF 10 
granting letters OTe Mmacduerl. st et 10 
COINIMNS WM ONMe yar later ann ae 1 10 
emittine’ billsvof ‘eredit. © 2): 1 10 
making anything a tender but 
gold and Silv.eracoina wi ett i 10 
passing bills of attainder, ex 
post. facto laws, or laws im- 
pairing contracts Raielate Medes il 10 
granting titles of nobility. 1 10 
laying duties on imports and 
EXDOLTES craic ces eee melons ae veneers 7 i 10 
laying duties on tonnage. 1 10 
keeping troops or ships of war 
in time? of Deace.)esitiea: 1 10 


CONSTITUTION. 


STATES PROHIBITED FROM— 


Continued. Art. Sec. 
entering into any agreement 
or contract with another 
State or foreign power..... 10 
engaring ein wwate, eee ak 1 10 
denying or abridging the right 
Of“ citizens MtomyvOLte mae a ee 
A ER yokes oes eae Amendments 15 1 
STATHES— 
new, may be admitted into the 
Un LON iiloe. crate ett eee eee eh eee 3 
may be formed within the jur- 
isdiction of others, or by the 
junction of two or more, 
with the consent of congress 
and the legislatures’ con- 
COTN EA Wwe dors cieten arene ee one 4 3 
STATE JUDGES— 
bound to consider treaties, the 
Constitution and the laws 
under it as supremes....... 6 
SUITS AT COMMON LAW— 
proceedings in...Amendments 7 F 
SUPREME COURT— 
(See courts and judiciary.) 
A 
TAX DIRECT— 
according to representation. 1 2 
shall be laid only in propor- 
LlIOnUVlLOMCeNSUS ee cee 3 
TAX— 
OnSLEXPOFGLSs pro ni pl Leder mare if 3 
THNDER— 
what shall®bera sleoa laren. ee 1 10 
TERRITORY— 
or public property, congress 
may make rules concerning. 4 3 
THST— 
religious, shall not be required 6 
TITLES— 
(See nobility.) 
TITLE— 
from foreign State prohibited 1 9 
TREASON— 
AEHNCA eA ite alee ede eee eee 3 3 
two witnesses or confession 
necessary for conviction.... 3 
punishment of may be pre- 
SCripbed. bys CONSTeESSecen i nae 3 
TREASURY— 
money drawn from only by 
BpPDLrOPLiA LON ieee cee eee be 1 9 
TREATIES— 
HOW Mad cima ce eee ee 2 2 
the SUDTrEemewl awn eee eerie 6 ne 
Statess Can enorme mals Carnes 1 10 
V 
VACANCIES— 
happening during the recess 
may be filled temporarily by 
CHew Presiden tae. eee cheer: 2 2 
in representation in congress, 
OWesTLILE dace ae ere ere eee 2 
VETO OF THE PRESIDENT— 
effect of and proceedings on. 1 7 
VICH-PRESIDENT OF THE U. S.— 
to be president of the senate. 1 3 
NOWBelected rer eu etek aoe 2 i 
how elected...... Amendments 12 ay 
shall in certain cases dis- 
charge the duties of presi- 
eU onal Man Ler meaty ht A a ae Me 2 i 
may be removed by impeach- 
TNL OTUC Mahou te cis chan hoeace dirt. 4 
VOTE— 
of one house requiring the 
concurrence of the other.... 1 7 
W 
W AR— 
GONE TessMLORGeCGlATG Rein yriae 1 g 
W ARRANTS— 
for searches and _ seizures, 
a and how they shall is- 
Soiclis, abe shale, fae Amendments 4 
WITNESS — 
in criminal cases, no one com- 
pelled to be against himself 
A Ah Pcie hah ion Amendments 5 
WEIGHTS AND MEASURES— 
Standardlobownn.: . pe ereeree 1 8 
Y 
YEAS AND NAYS— 
enterel on journal..... Peeteh. alte 1 5 


ACT OF ADMISSION OF MISSOURI 


AN ACT TO AUTHORIZE THE PEOPLE OF THE MISSOURI TERRITORY TO 
FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE 
ADMISSION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING 
WITH THE ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN 
CERTAIN TERRITORIES. 


Section 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the inhabitants of that por- 
tion of the Missouri Territory included within the boundaries hereinafter designated, 
be and they are hereby authorized to form for themselves a Constitution and State 
Government, and to assume such name as they shall deem proper; and the said 
State, when formed, shall be admitted into the Union upon an equal footing with 
the original States, in all respects whatsoever. 

Sec. 2. And be it further enacted, That the said State shall consist of all the 
territory included within the following boundaries, to wit: Beginning in the mid- 
dle of the Mississippi river, on the parallel of thirty-six degrees of north latitude; 
thence west, along that parallel of latitude, to the St. Francis river; thence up 
and following the course of that river, in the middle of the main channel thereof, 
to the parallel of latitude thirty-six degrees and thirty minutes; thence west along 
the same to a point where the said parallel is intersected by a meridian line passing 
through the middle of the mouth of the Kansas river, where the same empties into 
the Missouri river; thence from the point aforesaid, north, along the said meridian 
line, to the intersection of the parallel of latitude which passes through the rapids 
of the river Des Moines, making the said line to correspond with the Indian 
boundary line; thence east from the point of intersection last aforesaid, along the 
said parallel of latitude, to the middle of the channel of the main fork of the said 
river Des Moines; thence down and along the middle of the main channel of the 
said river Des Moines, to the mouth of the same, where it empties into the Missis- 
sippi river; thence due east to the middle of the main channel of the Mississippi 
river; thence down and following the course of the Mississippi river, in the middle 
of the main channel thereof, to the place of beginning: Provided, That said State 
shall ratify the boundaries aforesaid: (a) and provided also, That the said State 
shall have concurrent jurisdiction on the river Mississippi, and every other river 
bordering on the said State, so far as the said rivers shall form a common bound- 
ary to the said State and any other State or States, now or hereafter to be formed 
and bounded by the same—such rivers to be common to both; and that the river 
Mississippi, and the navigable rivers and waters leading to the same, shall be 
common highways, and forever free, as well to the inhabitants of the said State as 
to the other citizens of the United States, without any tax, duty, impost or toll 
therefor imposed by the said State. 

Sec. 3. And be it further enacted, That all free white male citizens of the 
United States, who shall have arrived at the age of twenty-one years, and have 
resided in said territory three months previous to the day of election, and all other 
persons qualified to vote for representatives to the General Assembly of the said 
territory, shall be qualified to be elected, and they are hereby qualified and author- 
ized to vote, and choose representatives to form a convention, who shall be ap- 
portioned amongst the several counties as follows: From the county of Howard, 
five representatives; from the county of Cooper, three representatives; from the 
county of Montgomery, two representatives; from the county of Pike, one represent- 
ative; from the county of Lincoln, one representative; from the county of (Ct. 
Charles, three representatives; from the county of Franklin, one representative; 
from the county of St. Louis, eight representatives; from the county of Jefferson, 
one representative; from the county of Washington, three representatives; from the 
county of Bie Genevieve, four representatives; from the county of Madison, one 


(a) The territory now covered by the of June 7, 1836, annexed to the State of 
counties of Andrew, Atchison, Buchanan, Missouri. As to the boundaries of the 
Holt, Nodaway and Platte, known as the City of St. Louis, see Scheme Sec. I; also 
Platte purchase, was by act of Congress Charter Art. I, Sec. 2. 


16 ACT OF ADMISSION OF MISSOURI. 


representative; from the county of Cape Girardeau, five representatives; from the 
county of New Madrid, two representatives; from the county of Wayne, and that 
portion of the county of Lawrence that falls within the boundaries herein desig- 
nated, one representative. And the election for the representatives aforesaid shall 
be holden on the first Monday, and two succeeding days, of May next, throughout 
the several counties aforesaid, in the said territory, and shall be in every respect 
held and conducted in the same manner, and under the same regulations, as pre- 
seribed by the laws of the said territory regulating elections therein for members 
of the General Assembly, except that the returns of the election in that portion 
of Lawrence county included in the boundaries aforesaid shall be made to the 
county of Wayne, as is provided in other cases under the laws of said territory. 

Sec. 4. And, be it further enacted, That the members of the convention thus 
duly elected shall be, and they are hereby authorized to meet at the seat of gov- 
ernment of said territory, on the second Monday of the month of June next; and 
the said convention, when so assembled, shall have power and authority to adjourn 
to any other place in the said territory which to them shall seem best for the con- 
venient transaction of their business; and which convention, when so met, shall 
first determine, by a majority of the whole number elected, whether it be or be 
not expedient at that time to form a constitution and State government for the 
people. within the said territory, as included within the boundaries above desig: 
nated; and if it be deemed expedient, the convention shall be and hereby is author- 
ized to form a constitution and State government, or, if it be deemed more expedi- 
ent, the said convention shall provide by ordinance for electing representatives to 
form a constitution or frame of government; which said representatives shall be 
chosen in such manner, and in such proportion, as they shall designate, and shall 
meet at such time and place as shall be prescribed by the said ordinance, and shall 
then form for the people of said territory, within the boundaries aforesaid, a con- 
stitution and State government: Provided, That the same, whenever formed, shall 
be republican and not repugnant to the Constitution of the United States, and that 
the Legislature of said State shall never interfere with the primary disposal of the 
soil of the United States, nor with any regulations Congress may find necessary 
for securing the title in such soil to the bona fide purchasers, and that no tax shall 
be imposed on lands the property of the United States; and in no case shall non- 
resident proprietors be taxed higher than residents. 

Sec. 5. And, be it further enacted, That, until the next general census shall be 
taken, the said State shall be entitled to one representative in the House of Repre- 
sentatives of the United States. 

Sec. 6. And, be it further enacted, That thefollowing propositions be and the 
game are hereby offered to the convention of the said Territory of Missouri, when 
formed, for their free acceptance or rejection, which, if accepted by the convention, 
shall be obligatery upon the United States: 

First, That section numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equivalent thereto, and as con- 
tiguous as may be, shall be granted to the State for the use of the inhabitants of 
such township, for the use of schools. 

Second, That all salt springs, not exceeding twelve in number, with six sections 
of land adjoining to each, shall be granted to the said State for the use of said 
state—the same to be selected by the Legislature of the said State, on or before the 
first day of January, in the year one thousand eight hundred and twenty-five, and 
the same, when so selected, to be used under such terms, conditions and regulations 
as the Legislature of said State shall direct: Provided, That no salt spring, the 
right whereof now is or hereafter shall be confirmed or adjudged to any individual 
cr individuals, shall, by this section, be granted to said State; and, provided also, 
That the Legislature shall never sell or lease the same at any one time for a longer 
period than ten years without the consent of Congress. 

Third, That five per cent of the net proceeds of the sale of lands lying within 
the said Territory or State, and which shall be sold by Congress from and after the 
first day of January next, after deducting all expenses incident to the same, shall 
be reserved for making public roads and canals, of which three-fifths shall be ap- 
plied to those objects within the State, under the dierction of the Legislature 
thereof, and the other two-fifths in defraying, under the direction of Congress, the 
expenses to be incurred in making of a road or roads, canal or canals, leading to 
the said State. TAL 

Fourth, That four entire sections of land be and the same are hereby granted 
to the said State, for the purpose of fixing their seat of government thereon, which 
said sections shall, under the direction of the Legislature of said State, be located, 
as near as may be, in one body, at any time, in such townships and ranges as the 
Legislature aforesaid may select, on any of the public lands of the United States: 
Provided, That such locations shall be made prior to the public sale of the lands 
of the United States surrounding such location. 


ACT OF ADMISSION OF MISSOURI. 17 


Fifth, That thirty-six sections, or one entire township, which shall be desig- 
nated by the President of the United States, together with the other lands hereto- 
fore reserved for that purpose, shall be reserved for the use of a seminary of learn- 
ing, and vested in the Legislature of said State, to be appropriated solely to the. use 
of such seminary by the said Legislature: Provided, That the five foregoing prop- 
ositions herein offered are on the condition that the convention of the said State 
shall provide, by an ordinance, irrevocable without the consent of the United 
States, that every and each tract of land sold by the United States, from and after 
the first day of January next, shall remain exempt from any tax laid by order or 
under the authorityoftheState,whetherfor State, county or township, or any other 
purpose whatever, for the term of five years from and after the day of sale; and 
further, That the bounty lands granted or hereafter to be granted for military 
services during the late war, shall, while they continue to be held by the patentees, 
or their heirs, remain exempt as aforesaid from taxation for the term of three 
years from and after the date of the patents respectively. (0b ) 

Sec. 7. And be it further enacted, That in case a constitution and State Gov- 
ernment shall be formed for the people of the said Territory of Missouri, the said 
convention of Representatives, as soon thereafter as may be, shall cause a true and 
attested copy of such constitution or frame of State Government as shall be formed 
or provided to be transmitted to Congress. 

Sec. 8. And, be it further enacted, That in all that territory ceded by France 
to the United States, under the name of Louisiana, which lies north of thirty-six 
degrees and thirty minutes, north latitude, not included within the limits of the 
State contemplated by this act, slavery and involuntary servitude, otherwise than 
in the punishment of crimes, whereof the parties shall have been duly convicted, 
shall be and is hereby forever prohibited. Provided always, That any person 
escaping into the same, from whom labor or service is lawfully claimed in any State 
or Territory of the United States, such fugitive may be lawfully reclaimed and con- 
veyed to the person claiming his or her labor or service aforesaid. (c ) 

Approved March 6, 1820. 


(d) Edwards v. Lesueur, 132 Mo. 410. 


state and county officers were chosen and 
(c) In pursuance of the provisions of 


the state government organized. I’rom 


this act, members of the convention were 
elected to form a constitution and state 
government. They assembled at St. Louis 
on the 12th of June, 1820, and determined 
that it was expedient to form a constitu- 
tion and state government, and having ac- 
cepted the five propositions offered by the 
sixth section of the above act, passed an 
ordinance, which was finally signed on the 
19th ,of July, 1820. A constitution was 
formed whereby the boundaries mentioned 
in the second section of the above act 
were ratified, and a new state established 
by the name of the State of Missouri. 
Agreeably. to the seventh section of the 
above act, an attested copy of the consti- 
tution was transmitted to Congress. Un- 
der this constitution, in August, 1820, the 
people held a general election, at which 


this cause the records of the state dat- 
the admission of Missouri into the union 
from August, 1820. A resolution was in- 
troduced in congress for the unconditional 
admission of the State into the Union, as 
had been the uniform course in reietion to 
other new states. This resolution was, 
however, defeated; and finally, after much 
discussion, a resolution was passed for ad- 
mitting the state on a certain condition. 
The legislature of Missouri, on the 27th 
day of June, 1821, accepted the condition, 
protesting at the same time against the 
right of congress to impose it, and on the 
10th of August, 1821, the President of the 
United States issued his proclamation an- 
nouncing the acceptance by this state of 
the condition. 


ORDINANCE OF ACCEPTANCE. 


AN ORDINANCE DECLARING THE ASSENT OF THE PEOPLE OF THE STATE OF 
MISSOURI, BY THEIR REPRESENTATIVES IN CONVENTION ASSEMBLED, TO 
CERTAIN CONDITIONS AND PROVISIONS IN THE ACT OF CONGRESS OF THE 
SIXTH OF MARCH, ONE THOUSAND EIGHT HUNDRED AND TWENTY, EN- 
TITLED “AN ACT TO AUTHORIZE THE PEOPLE OF MISSOURI TERRITORY TO 
FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMIS- 
SION OF SUCH STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE 
ORIGINAL STATES, AND TO PROHIBIT SLAVERY IN CERTAIN TERRITORIES.” 


PROPOSITIONS. 
1. School lands. 5. University lands. 
2. Salt springs and six sections adjoining Propositions accepted. 
each. Proviso in favor of confirma- Lands exempt from taxation. 
tions to individuals. Modification of proposition concern- 
8. Funds for roads and canals. ing tax on lands proposed. 
4. Lands for locating permanent seat of This ordinance irrevocable without 
government. the consent of the United States. 


WHEREAS, The act of Congress of the United States of America, approved March the 
sixth, one thousand eight hundred and twenty, entitled ‘“‘An act to authorize the 
people of Missouri Territory to form a constitution and State government, and for 
the admission of such State into the Union on an equal footing with the original 
States, and to prohibit slavery in certain territories,’ contains certain requisitions 
and provisions, and, among other things, has offered to this Convention, when 
formed, for and in behalf of the people inhabiting this State, for their free accept- 
ance or rejection, the five following propositions, and which, if accepted by this 
Convention in behalf of the people, as aforesaid, are to be obligatory on the United 
States, viz.: _ 

First, That section numbered sixteen in every township, and when such section 
has been sold or otherwise disposed of, other lands equivalent thereto, and as con- 
tiguous as may be, shall be granted to the State, for the use of the inhabitants of 
such township for use of schools. 

Second, That all salt springs, not exceeding twelve in number, with six sections 
of land adjoining to each, shall be granted to the said State for the use of said 
State, the same to be selected by the Legislature of said State on or before the first 
day of January, in the year one thousand eight hundred and twenty-five and the 
same, when so selected, to be used under such terms, conditions and regulations as 
the Legislature of said State shall direct: Provided, That no salt spring, the right 
whereof now is, or hereafter shall be, confirmed or adjudged to any individual or 
individuals, shall by this section be granted to said State; and provided, also, That 
the Legislature shall never sell or lease the same, at any one time, for a longer 
period than ten years, without the consent of Congress. 

Third, That five per cent of the net proceeds of the sale of lands lying within 
the said Territory or State, and which shall be sold by Congress from and after the 
first day of January next, after deducting all expenses incident to the same, shali 
be reserved for making public roads and canals, of which three-fifths shall be ap- 
plied to those objects within the State, under the direction of the Legislature 
thereof, and the other two-fifths in defraying, under the direction of Congress, 
the expenses to be incurred in making of a road or roads, canal or canals, leading 
to the said State. F 

Fourth, That four entire sections of land be, and the same are _ hereby 
granted to said State for the purpose of fixing their seat of government thereon; 
which said sections shall, under the direction of the Legislature of said State, 
be located as near as may be in one body, at any time, in such townships and 
ranges as the Legislature aforesaid may select, on any of the public lands of the 
United States: Provided, That such location shall be made prior to the public 
sale of the lands of the United States surrounding such location. 

Fifth, That thirty-six sections, or one entire township, which shall be desig- 
nated by the President of the United States, together with the other lands 


ORDINANCE OF ACCEPTANCE. 19 


heretofore reserved for that purpose, shall be reserved for the use of a seminary 
of learning, and vested in the Legislature of said State, to be appropriated solely 
for the use of such seminary by the Legislature. 

Now Tuis Convention, for and in behalf of the people inhabiting this State, 
and by the authority of the said people, do accept the five before recited proposi- 
tions, offered by the act of Congress under which they are assembled; and, in 
pursuance of the conditions, requisitions and other provisions in the before recited 
act of Congress contained, this Convention, for and in behalf of the people inhabit- 
ing this State, do ordain, agree and declare, that every and each tract of land sold 
by the United States from and after the first day of January next, shall remain 
exempt from any tax laid by order or under the authority of the State, whether 
for State, county or township, or any other purpose whatever, for the term of five 
years from and after the respective days of sale thereof; and that the bounty 
lands granted, or hereafter to be granted, for military services during the late 
war, shall, while they continue to be held by the patentees or their heirs, remain 
exempt, as aforesaid, from taxation for the term of three years from and after the 
date of the patents respectively: Provided, nevertheless, That if the Congress of 
the United States shall consent to repeal and revoke the following clause in the 
fifth proposition of the sixth section of the act of Congress before recited, and in 
these words, viz.: ‘“‘That every and each tract of land sold by the United States 
from and after the first day of January next, shall remain exempt from any tax 
laid by order or under the authority of the State, whether for State, county or 
township, or any purpose whatever, for the term of five years from and after the 
day of sale; and, further,’’ that this Convention, for and in behalf of the people 
of the State of Missouri, do hereby ordain, consent and agree that the same be 
so revoked and repealed; without which consent of the Congress, as aforesaid, the 
said clause to remain in full force and operation, as first above provided for in 
this ordinance: and this Convention doth hereby request the Congress of the 
United States so to modify their third proposition, that the whole amount of five 
per cent on the sale of public lands therein offered may be applied to the con- 
struction of roads and canals, and the promotion of education within this State, 
under the direction of the Legislature thereof. And this convention, for and in 
behalf of the people inhabiting this State, and by the authority of said people, do 
further ordain, agree and declare that this ordinance shall be irrevocable with- 
out the consent of the United States. (a) 

Done in Convention, at St. Louis, in the State of Missouri, this nineteenth 
day of July, in the year of our Lord one thousand eight hundred and 
twenty, and of the independence of the United States of America the 
forty-fifth. 

By order of the Convention. 

DAVID BARTON, President. 


Attest: WM. G. PETTUS, Secretary. 


() Agreeably to the compact formed 


university lands have been designated and 
between the United States and the State 


mostly disposed of. 


of Missouri, the school lands mentioned in 
the first proposition have been appropri- 
ated to the use of common schools. rhe 
salt springs and lands adjoining have been 
selected and disposed of. The lands for 
the location of the seat of government 
have been selected and appropriated. ‘he 


Congress, by an act approved June 10, 
1852, consented to such a modification of 
the compact with this State as to permit 
the State to impose a tax or taxes upon 
all lands sold by the United States in tne 
State, from and after the day of such sale. 


ADOPTED BY A VOTE OF THE PEOPLE, OCTOBER 30, 1875. 


CONSTITUTION 


OF THE 


Si OF evils s Own 


WENT INTO OPERA- 


TION, NOVEMBER 320, 1875. 


CONTENTS. 
PREAMBLE. SECTION 
Constitution established. 22. Criminal prosecution, right of ac- 
: cused. 
ARTICLE I—Boundaries. 23. No self-crimination, nor twice in 
SECTION jeopardy. 
1. Boundaries of the state—yjurisdic- 24. Bail allowed, when. 


SECTI 
i. 


Co 


tion. 


ARTICLE II—Bill of Rights. 
ON 


Origin of political power. 

Right to regulate internal affairs, 
and to abolish existing form of 
government. 

Missouri a free and independent 
state—right of local self govern- 
ment. 

The object of constitutional govern- 
ment. 

Religious liberty and freedom of 
conscience guaranteed. 

Religious worship. 


No aid or preference given to 
churches. 
Religious corporations’ established 


under a general 
certain real estate. 
Elections to be free and open. 


law may hold 


Courts shall be open to every per- - 


son. 
Security from searches and seizures. 
Indictment and information con- 


eurrent remedies in criminal 
prosecutions. 

Treason defined—corruption of 
blood. 


Freedom of speech allowed—truth 
of publication may be given in 
evidence. 

a post facto laws, and laws 
making irrevocable grants of 
special privileges, forbidden. 

No imprisonment for debt, except, 
when. 

Right to keep and bear arms. 

Officers must devote their time to 
the duties of their offices. 

Collectors andreceivers, not eligible 
to office, when. 

Private property taken for private 
use—for public use. 

Private property taken for public 
use—compensation. 


25. Excessive bail and fines, and cruel 


punishments, forbidden. 
26. Writ of habaes corpus shall not be 
suspended. 


27. Military subject to civil power. 

28. Trial by jury—grand jury to con- 
sist of twelve men.’ 

29. Right of petition and remonstrance 
guaranteed. 

30. Due process of law. 

31. Slavery and involuntary . servitude 
forbidden. , 

32. Reservation of rights. 


ARTICLE IIlI—The Distribution of Powers. 


SECTION 
1. Powers divided into three depart- 
ments. 
ARTICLE IV—Legislative Department. 
SECTION 


1. Vested in general assembly. 
REPRESENTATION AND APPORTION- 
MENT. 


2. Time of electing representatives— 
ratio of apportionment. 

Division of counties into representa- 
tive districts. 

Qualifications of representatives. 

Thirty-four senators — senatorial 
districts. 

Qualifications of senators—division 
of counties into senatorial dis- 
tricts. 

7. Rule of apportionment for senators 
and representatives—to be revised 
and adjusted on the basis of the 
United States census. 

8. Number of representatives—how 
distributed. 

9. Districts may be altered. 

10. First election of senators and rep- 

resentatives. 

11. The present senatorial districts. 


Da oF Ww 


CONSTITUTION OF THE STATE OF MISSUURI, 21 


SECTION 

12. Senators and representatives cannot 
hold another office—certain of- 
ficers not eligible. 

138. ag oli of residence vacates of- 

ce. 

14. Writs of election to fill vacancies. 

15. Oath of office, refusal to take, pen- 
alty for violation of. 

16. Pay of members and expenses of 
committees. 

17. Organization—punishment of dis- 
orderly members and other per- 
sons. 

18. Quorum—compelling attendance of 
absent members. 

19. Doors to be open. 

20. Time of meeting. 

21. Adjournment for more than three 
days. 

22. Adjournment for three days or less. 

23. Adjournment without consent, or to 


another place. 


LEGISLATIVE PROCEEDINGS. 


Style o1 laws. 

Laws to be passed by bill—amend- 
ments. 

Bills, where to originate—amend- 
ments to be read on three differ- 
ent days. 

Bills to be 
printed. 

Bills to contain but one subject. 

Amendments to be engrossed and 
printed. 

Proceedings when bills are returned 
amended. 

Final vote on a biil. 

Vote on amendments and reports of 
committees. 

Reviving and re-enacting laws. 

Amendments by striking out and 
inserting words. 

Motion to reconsider. 

When laws shall take effect. 

Bills to be signed by presiding of- 


reported upon and 


ficers, objections to be disposed 
of. 

Bills presented to governor for ap- 
proval. 


Proceedings when a bill is returned 
without approval. 

Failure of governor to perform 
duty, bill to be enrolled as an au- 
thentic act. 

Revising the laws. 

Each house shall publish a journal 
—yeas and nays demanded, not- 
ing names of absentees. 


LIMITATION ON LEGISLATIVE POWER. 


Revenue to be paid into treasury— 
order of appropriations. 

Power of the legislature to create 
debts and liabilities limited. 

State’s credit cannot be pledged— 
one exception. 

Grants of public money prohibited, 
except in case of public.calamity. 

Municipalities cannot lend _ their 
credit nor become stockholders. 

Extra allowance to officers and 


payment of unauthorized  con- 
tracts porhibited. 

Subscriptions by the state  pro- 
hibited. 


State lien on railroads not to be re- 
leased. 

Corporation indebtedness shall not 
be released. 

Payment of the war debt. 

Special legislation prohibited—spe- 
cial acts may be repealed. 

Notice of application for the enact- 
ment of local laws. 

Business of extra session. 

Seat of government to remain at 
Jefferson City. 


ARTICLE V—Executive Department. 


Roars 


ce Pee eae 


Executive officers, 
dence and duuies. 

Terms of office—when elected— 
certain officers ineligible as their 
own successors. 

Returns of elections for executive 
officers—tie, how determined. 

The supreme executive power. 

Quaifications of governor. 

Duties of governor, generally. 

Governor may call out militia and 
command them. 

Pardoning power. 

Governor shall give information to 
general assembly—may call extra 
sessions. 

Governor’s messave—to account for 
moneys and furnish estimates of 
expenses. 

Vacancies in office, how filled. 

Bills presented to governor for ap- 
proval. 

Governor may object to a portion of 
a bill. 

Resolutions to be approved—effect 
of resolutions. 

Qualifications and duties of lieuten- 
ant-governor. 

Lieutenant-governor to act as g0ov- 
ernor, when. 

President of the senate—other per- 
sons to act as governor. 

Pay of lieutenant-governor. 

Qualifications of executive officers. 

Seal of the state to be kept by sec- 
retary of state. 

Duties of secretarv of state. 

Accounts and reports of executive 
officers, penalty for false report. 

Commissions of officers. 

Pay of executive officers—fees to 
be paid into state treasury. 

Contested elections of executive of- 
ficers. 


place of resi- 


ARTICLE Vi—Judicial Department. 


SECTION 

1. Judicial power, where vested. 

2. Jurisdiction of Supreme court. 

3. Superintending control of supreme 
court—power to issue writs. 

4, cae of office of judges—chief jus- 
ice. 

5. Quorum, number of judges, their 
duties. 

6. Qualifications of judges of supreme 
court. 

7. Full term of judges to commence, 
when. 

8. Termof present judges, elections 
to fili their places. 

9. Time and place of holding supreme 
court. 

10. Accommodations for supreme court, 

11. Judges divided in opinion. 

12. St. Louis court of appeals, jurisdic- 
tion of—appeals to supreme court. 

13. Judges of court of appeals, their 
number, elections, qualifications 
and pay. 

14. Duties of judges—quorum—terms 
OTLBCOUT TE 

155 “Opinions and practice in court of 
appeals. 

16. Election of judges—terms of office 
—presiding judge. 

17. Appointment of judges by the‘gov- 
ernor. 

18. Clerk of court of appeals. 

19. Cases in supreme court to be certi- 
fied to court of appeals. 

20. Cases triable within what time. 

21. Records of supreme court at St. 
Louis and St. Joseph. 

22. Jurisdiction anu terms of circuit 
court. 

23. Superintending control of circuit 
court. 

24. Judicial circuits—may be changed, 


ete.—one judge to each. 


22 


aos 


26. 
27. 


CONSTILUTION OF THE STATE OF MISSOURI. 


Election, terms of office and duties 
of circuit judges. 
Qualifications of circuit judges. 


Circuit court of St. Louis county— 


appellate jurisdiction of court of 
appeals. 
Provisions for additional judges. 
When judge of neighboring circuit 
may preside. 
Election of judges—ties 
tested elections. 
Criminal courts. 
Vacancy in office of judge. 
Salaries of judges not to be 
creased or diminished. 
Probate courts, jurisdiction of. 
Jurisdiction—practice clerks of 
probate courts. 
County courts, 
judges of. 
Justices of the peace. 
Writs and prosecutions in name of 
state—conclusions of indictments. 
Clerks of courts. 
Election of clerks, ties and contests. 
Removal of judges for disability. 
Provision as to existing courts. 
Publication of judicial decisions. 
May be published by any person. 


and con- 


in- 


jurisdiction and 


CONTSTITUTIONAL AMENDMENT 1884. 


be 


oe 


3. 
4 


o1 


1 oo 


10. 


ina 


CONSTITUTIONAL AMENDMENT 
1; 


2 
3. 
4 


on 


St. Louis court of appeals, extended 
jurisdiction. 

Kansas City court of appeals, estab- 
lished, terms, jurisdiction, judges. 

Court of appeals, additional may be 
established. 

Kansas City court of appeals, first 
judges, appointment and election. 

Supreme court, exclusive appellate 
jurisdiction of. 

When court of appeals cases may be 
certified to Supreme court. 

Cases now pending in supreme court 
transferred to Kansas City court 
of appeals. 

Supreme court superintending con- 
trol Tot: 

Kansas City court of appeals, court 
room and officers. 

Judges of courts of appeals, 
aries, how paid. 

Constitution, inconsistent provisions 
rescinded. 


sal- 


1890. 


Supreme court, 
two divisions. 
Appointment of judges, election 
terms, divisions, chief justice. 
Assignment of causes, practice, 
opinions, issue of writs. 
Judges equally divided, transfer 
cause, 
Divisions 
when. 
Repeal of inconsistent provisions. 


number of judges, 


of 


to be dispensed with, 


ARTICLE VIiI—Impeachments. 


SECTION 


ab; 
2. 


Who liable and for what causes, 
Trial of impeachments, punishment. 


ARTICLE VIII—Suffrage and Elections. 
pete eee 


cree 


DHOOO-] BoP wDwrH 


Time of holding elections. 

Qualifications of voters. ; 

Mode of conducting elections. 

Voters privileged from arrest. 

Registration of voters. 

Elections by persons in representa- 
tive capacity. 

Gaining or losing residence. 

Paupers and criminals disqualified. 

Contested elections generally. 

Persons convicted of crime. 

United States soldiers not to vote. 

Aliens, etc., cannot hold office. 


{‘ ARTICLE IX—Counties, Cities and Townes. 


SECTION 

1. Existing counties recognized. 

2. Removal of county seats. 

3. New counties—counties cannot be 
reduced below the ration of rep- 
resentation. 

4. Portion of county stricken off and 
added to another. 

5. Liability of new counties. 

6. Becoming stockholders, etc., pro- 
hibited—provision as to existing 
subscriptions. 

(a Orzvanization sand classification of 
cities and’ towns. 

8 Township organization—justices of 
county court. 

9. Abandoning township organization. 

10. Sheriffs and coroners. 

11. Vacancy in office of sheriff and 
coroner, 

12. Fees of county officers. 

13. Fees of officers generally—dquar- 
terly returns. 

14. Provisions for extra officials. 

15. Consolidation of city and county 
governments. 

16. Charters of large cities, how framed 
and adopted. 

17. Certain features of such charters. 

18. No person can hold two offices, 
when. 

19. Excess of municipal indebtedness, 
how paid. 

ST. LOUIS. 

20. May extend her limits and adopt a 
charter. 

21. Authentication of charter, judicial 
notice of. 

22. Amendment of charter. 

23. Certain special provisions. 

24. Courts of St. Louis county—eighth 
judicial circuit. 

25. St. Louis remains subject to general 


law. 


ARTICLE X—Revenue and Taxation. 


SECTION 

1. The taxing power. 

2. Power to tax corporations. 

3. Taxes to be- collected for public 
purposes and to be uniform. 

4. Property to be taxed in proportion 
to value. 

5. Taxing of railroads. 

6. Exemptions. 

7. Other exemptions void. 

8. Rate for state purposes. 

9. Municipalities liable for state taxes. 

10. Taxes for municipal purposes. 

11. Rate and valuation for municipal 
purposes. 

lla. Special road tax levy authorized. 

12. Limitation on municipal indebted- 
ness. 

12a. Indebtedness for waterworks, etc., 
in certain cities. 

3. Private property cannot be sold for 
municipal debts. 

14. Ordinance of 1865—-payment of 
bonded debt. 

15. State funds to be deposited in bank 

16. Treasurer’s accounts, quarterly 
statements. 

17. Speculation in public funds pro- 
hibited. 

18. State board of equalization. 

19. Appropriations generally — state- 
ment of receipts and expendi- 
tures, 

20. Moneys arising from loans, how ap- 
plied. 

Pal Dues from corporations on their 
capital stock. 

26. Certificates of 


indebtedness—levy 
to pay interest on. 


Kaci 


“e 


ROD DATO CO 


ee 


SECTI 


He Co bo 


“1M 1 


pa 
bed 0000 


26. 
27. 


CONSTITUTION OF THE STATE OF MISSOURI. 


ARTICLE XI 


ON 

Free schools for persons between 
ages of six and twenty years. 

Custody of school fund—certain dis- 
tricts not entitled to any portion 
of funds. 

Schools for colored children. 

Board of education. 

State university. 

Public school fund. 

Deficiency in public school fund. 

County school fund. 

Investment of public school fund. 

Investment of county school fund. 

Funds shall not be used for relig- 
ious or sectarian purposes. 


Education. 


ARTICLE XII—Corporations. 


ON 

Existing unorganized corporations. 

To be crated, etc., by general laws. 

Forfeited charters. 

Right of eminent 
trials. 

Subject to police power of the state. 

Election of directors. 

Not to engage in other business— 
holding real estate. 

Increase of stock and indebtedness. 

Individual liability of stockholders. 

Preferred stock. 

“Corporations” defined. 


domain—jury 


RAILROADS. 


Discrimination prohibited—commu- 
tation tickets. 

Construction, connected with other 
roads—to receive freight from 
other roads. 

Are public highways—laws to pre- 
vent discrimination. 

To keep a public office and books— 
meetings and reports of directors. 

Property liable to execution. 

Parallel lines, shall not consolidate 
nor be managed jointly. 

Consolidation with foreign 
panies. 

Laws in favor of, and imposing a 
new liability on the people. 

Street railroads. 

Benefit of future legislation. 

Officers not to be interested in busi- 
ness of company. 

Discrimination between companies 
and individuals. 

Granting free passes to public of- 
ficers prohibited. 


com- 


BANKS. 
No state bank shall. be created— 
state shall not own stock in 
banks. 


Laws creating banks to be submit- 
ted to the people. 

Receiving deposits after bank is in- 
solvent. 


23 


ARTICLE XIII—Milita. 


SECTION. 


a 


~] Oe OTH Co bo 


ARTICLE XIV—Miscellaneous 


sey 


Persons liable to military duty. 

Organization of militia. 

Election of officers. 

Volunteer companies. 

Militia privileged from arrest. 

Appointment of officers by the gov- 
ernor. 

Public arms and military records. 


Provisions. 


ON 

Public lands—lands of the United 
States exempt from taxation— 
taxing non-residents. 

Prosecutions for acts done under 
military authority forbidden. 

Dueling—the offender cannot hold 
office. 

Officers of the United States not 
eligible to state office. 

Present officers to remain in office. 

Oath of office generally. 

Removal for misdemeanor in office. 

Fees not to be increased nor term of 
office extended. 

Appointment of officers. 

Lotteries prohibited. 

Investigation by grand jury. 

Legislators provileged from arrest 
—freedom of debate. 


ARTICLE XV—Mode of Amending the 
Constitution. 
SECTION 
1. Constitution may be amended. 
2. Amendments proposed and submit- 
ted to the people. 
3. Convention may be called. 
SCHEDULE. 
1. Provision as to existing laws, rights 
and actions. 
2. Provision as to existing obligations, 
prosecutions, etc. 
38. Existing county and probate courts. 
4. Criminal courts. 
5. Courts of common pleas. 
6. Existing officers to continue. 
fe sd aus returnable to Jefferson 
ity. 
8. Provision for payment of bonded 
debt. 
9. Constitution to be submitted to a 
vote of the people. 
10. Clerks to furnish poll-books and 
ballots. 
11. Form of ballots. 
12. Returns of election—proclamation 
by governor. 
13. Result of election—constitution to 
take effect, when. 
14. Schedule to take effect immediately. 
15. Laws to enforce constitution. 
16. Provision as to existing executive 
officers. 
17. Preliminary examinations and ar- 


rests. 


24 CONSTITUTION OF THE STATE OF MISSOURI. {[ARTS.I AND II 


PREAMBLE. 


We, the people of Missouri, with profound reverence for the Supreme Ruler 
of the Universe, and grateful for His goodness, do, for the better government of 
the State, establish this Constitution. 


ARTICLE I. 
BOUNDARIES. 


Section 1. Boundaries and jurisdiction.—The boundaries of the State, as 
heretofore established by law, are hereby ratified and confirmed. The State shall 
have concurrent jurisdiction on the river Mississippi, and every other river border- 
ing on the State, so far as the said rivers shall form a common boundary to this 
State and any other State or States; and the river Mississippi and the navigable 
rivers and waters leading to the same shall be common highways, and forever 
free to the citizens of this State and of the United States, without any tax, duty, 
out the consent of the United States. (a) 

{Same in substance as Const. 1865, Art. 11, Sec. 2, excepting first sentence. | 


ARTICLE II. 
BILL OF RIGHTS. 


In order to assert our rights, acknowledge our duties, and proclaim the prin- 
ciples on which our government is founded, we declare: 

Section 1. Political power, origin of.—That all political power is vested in 
and derived from the people; that all government of right originates from the 
people, is founded upon their will only, and is instituted solely for the good of 
the whole. 

[Same as Const 1865, Art. 1, Sec. 4.] 

Sec. 2. Internal affairs, regulation of.—That the people of this State have 
the inherent, sole and exclusive right to regulate the internal government and 
police thereof, and to alter and abolish their Constitution and form of government 
whenever they may deem it necessary to their safety and happiness: Provided, 
Such change be not repugnant to the Constitution of the United States. 

{8ame in substance as Const. 1865, Art. 2, Sec. 5.] 

Sec. 3. Local self-government not to be impaired.—That Missouri is a free 
and independent State, subject only to the Constitution of the United States; and 
as the preservation of the states and the maintenance of their governments are 
necessary to an indestructible Union, and were intended to co-exist with it, the 
Legislature is not authorized to adopt, nor will the people of this State ever 
assent to any amendment or change of the Constitution of the United States which 
may in any wise impair the right of local self-government belonging to the people 
of this State. 

[New section. ] 

Sec. 4. Purpose of government—natural rights of persons.—That all con- 
stitutional government is intended to promote the general welfare of the people; 
that all persons have a natural right to life, liberty and the enjoyment of the 
gains of their own industry; that to give security to these things is the principal 
office of government, and that when government does not confer this security, it 
fails of its chief design. 

[Same in substance as Const. 1865, Art. 1, Sec. 1.] 

Sec. 5. Religious freedom—belief not to affect citizen—liberty of conscience. 
—That all men have a natural and indefeasible right to worship Almighty God 
according to the dictates of their own conscience; that no person can, on account 
of his religious opinions, be rendered ineligible to any office of trust or profit under 
this State, nor be disqualified from testifying, or from serying as a juror; that 
no human authority can control or interfere with the rights of conscience; that no 
person ought, by any law, to be molested in his person or estate, on account of 
his religious persuasion or profession; but the liberty of conscience hereby secured 
shall not be so construed as to excuse acts of licentiousness, nor to justify practices 
inconsistent with the good order, peace or safety of this State, or with the rights 
of others. 

[Same as Const, 1865, Art. 1, Sec. 9 J 

Sec. 6. Religion, individual support of not compulsory.—That no person 
can be compelled to erect, support or attend any place or system of worship, or 
to maintain or support any priest, minister, preacher or teacher of any sect, 
church, creed or denomination of religion; but if any person shall voluntarily 
make a contract for any such object, he shall be held to the performance of the 


same. 
{Same in substance as Const. 1865, Art. 1, Sec. 10.] 


a. For boundaries of the City of St. Louis see Charter Art. I, Sec. 2 and annota- 
tions thereto; Scheme Sec. 


ARTIOLE IL. | CONSTITUTION OF STATE OF MISSOURI. 25 


Sec. 7. Religion, State must not aid church.—That no money shall ever be 
taken from the public treasury, directly or indirectly, in aid of any church, sect 
or denomination of religion, or in aid of any priest, preacher, minister or teacher 
thereof, as such; and that no preference shall be given to nor any discrimination 
made against any church, sect or creed of religion, or any form of religious faith 
or worship. 

[First clause new. Last clause same in substance as Const. 1865, Art. 1, Sec. 11.] 


Sec. 8. Religious corporation not to be established.—That no religious cor- 
poration can be established in this State, except such as may be created under a 
general law for the purpose only of holding the title to such real estate as may 
be prescribed by law for church edifices, parsonages and cemeteries. 

rConst. 1865 limited quantity of land to five acres in country and one acre 
elsewhere. Art. 1, Sec. 12.] 

Sec. 9. Elections must be free and open.—That all elections shall be free 
and open; and no power, civil or military, shall at any time interfere to prevent 
the free exercise of the right of suffrage. 

[Same in substance as Const. 1865, Art. 1, Sec. 14.] 


Sec. 10. Courts of justice must be open.—That courts of justice shall be 
open to every person, and certain remedy afforded for every injury to person, 
property or character, and that right and justice should be administered without 
sale, denial or delay. 

[Same in substance as Const. 1865, Art. 1, Sec. 15.] 


Sec. 11. Freedom from search and seizure, requisites of warrant.—That the 
people shall be secure in their persons, papers, homes and effects, from unreason- 
able searches and seizures; and no warrant to search any place, or seize any per- 
son or thing, shall issue without describing the place to be searched, or the person 
or thing to be seized, as nearly as may be; nor without probable cause, supported 
by oath or affirmation reduced to writing. 

[Same as Const. 1865, Art. 1, Sec. 23, except words “reduced to writing.’’] 


Sec. 12. Felonies and misdemeanors prosecuted by indictment or informa- 
tion.—No person shall be prosecuted criminally for felony or misdemeanor other- 
wise than by indictment or information, which shall be concurrent remedies, but 
this shall not be construed to apply to cases arising in the land or naval forces or 
in the militia when in actual service in time of. war or public danger. 

[Const. 1865, Art. 1, Sec. 24. Section as amended, adopted in 1900.] 


Sec. 13. Treason defined, no attainder, estates of suicides not forfeited.— 
That treason against the State can consist only in levying war against it, or in 
adhering to its enemies, giving them aid and comfort; that no person can be 
convicted of treason, unless on the testimony of two witnesses to the same overt 
act, or on his confession in open court; that no person can be attainted of treason 
or felony by the General. Assembly; that no conviction can work corruption of 
blood or forfeiture of estate; that the estates of such persons as may destroy their 
own lives shall descend or vest as in cases of natural death; and when any person 
shall be killed by casualty, there shall be no forfeiture by reason thereof. 

[Forfeiture for treason under Const. of 1865, Art. 1, Secs. 25 and 26. Second and 
last clauses of above section not in that instrument. ] 

Sec. 14. Freedom of speech, press—libel, truth in justification.—That no law 
shall be passed impairing the freedom of speech; that every person shall be free 
to say, write or publish whatever he will on any subject, being responsible for 
all abuse of that liberty; and that in all suits and prosecutions for libel the 
truth thereof may be given in evidence, and the jury, under the direction of 
the court, shall determine the law and the fact. 

[Same in substance as Const. 1865, Art. 1, Sec. 27.] 


Sec. 15. Ex post facto laws, etc., prohibited.—That no ex post facto law, 
nor law impairing the obligation of contracts, or retrospective in its operation, or 
making any irrevocable-grant of special privileges or immunities, can be passed 
by the General Assembly 

|The clauses “for making any irrevocable grant of special privileges or immunities,’ and “‘by 
the general assembly” are new | 

Sec. 16. No imprisonment for debt.—That imprisonment for debt shall 


not be allowed, except. for the non-payment of fines and penalties imposed for 
violation of law. 


[Same in substance as Const. 1865, Art. 1, See. 24.] 


Sec. 17. Right to bear arms, when.—That the right of no citizen to keep 
and bear arms in defense of his home, person and property, or in aid of the 
civil power, when thereto legally summoned, shall be called in question; but 


nothing herein contained is intended to justify the practice of wearing concealed 
weapons. 


[Const. 1865, Art. 1, Sec. 8, modified. ] 


26 CONSTITUTION OF THE STATE.OF MISSOURI. [ART. 1I1.] 


Sec. 18. Officers to attend personally to duties.—That no person elected 
or appointed to any office or employment of trust or profit under the laws of this 
State, or any ordinance of any municipality in this State, shall hold such office 
without personally devoting his time to the performance of the duties to the same 
belonging. 

[New section. ] 


Sec. 19. Collectors, receivers, etc., in default, ineligible to office.——That no 
person who is now or may hereafter become a collector or receiver of public 
money, or assistant or deputy of such collector or receiver, shall be eligible to 
any office of trust or profit in the State of Missouri under the laws thereof, or 
of any municipality therein, until he shall have accounted for and paid over all 
the public money for which he may be accountable. 

[Const. 1865, Art. 4, Sec. 12, modified.] 


Sec. 20. Property not to be taken for private use—public use a judicial 
question.—That no private property can be taken for private use, with or without 
compensation, unless by the consent of the owner, except for private ways of 
necessity, and except for drains and ditches across the lands of others for 
agricultural and sanitary purposes, in such manner as may be prescribed'by law; 
and that whenever an attempt is made to take private property for a use alleged 
to be pubiic, the question whether the contemplated use be really public shall 
be a judicial question, and as such judicially determined, without regard to any 
legislative assertion that the use is public. 

[New section. | 


Sec. 21. Property for public use—compensation.—That private property shall 
not be taken or damaged for public use without just compensation. Such compen- 
sation shall be ascertained by a jury or board of commissioners of not less than 
three freeholders, in such manner as may be prescribed by law; and until the same 
shall be paid to the owner, or into court for the owner, the property shall not be 
disturbed or the proprietary rights of the owner therein divested. The fee of land 
taken for railroad tracks without consent of the owner thereof shall remain in 
such owner, subject to the use for which it is taken.—(b.) 

{New except substance of first sentence. Const. 1865, Art- 1, Sec. 16. | 


Sec. 22. Rights of accused in criminal prosecutions.—In criminal prosecu- 
tions the accused shall have the right to appear and defend, in person and by 
counsel; to demand the nature and cause of the accusation; to meet the witnesses 
against him face to face; to have process to compel the attendance of witnesses in 
his behalf; and a speedy, public trial by an impartial jury of the county. 

[Same in effect as Const. 1865, Art. 1, Sec. 18.] 


Sec. 23. Accused not compelled to testify—twice in jeopardy, etc.—That no 
person shall be compelled to testify against himself in a criminal cause, nor shall 
any person, after being once acquitted by a jury, be again, for the same offense, put 
in jeopardy of life or liberty; but if the jury to which the question of his guilt or 
innocence is submitted fail to render a verdict, the court before which the trial is 
had may, in its discretion, discharge the jury and commit or bail the prisoner for 
trial at the next term of court, or, if the state of business will permit, at the same 
term; and if the judgment be arrested after a verdict of guilty on a defective in- 
dictment, or if judgment on a verdict of guilty be reversed for error in law, noth- 
ing herein contained shall prevent a new trial of the prisoner on a proper indict- 
ment, or according to correct principles of law. 

[Portion of section new. See Const. 1865, Art. 1, Secs. 18 and 19.] 


Sec. 24. Bail, when allowed.—That all persons shall be bailable by sufficient 
sureties, except for capital offenses, when the proof is evident or the presumption 
great. 

[Same as Const. 1865, Art. 1, Sec. 20.] 


Sec. 25. Excessive bail and unusual punishment.—That excessive bail shall 
not be required, nor excessive fines imposed, nor cruel and unusual punishment 
inflicted. 

[Same as Const. 1865, Art. 1, Sec. 21.] 

Sec. 26. Habeas corpus.—That the privilege of the writ of habeas corpus 


shall never be suspended. 
[Const. 1865, Art. 1, Sec. 22, modified. ] 


See. 27. Military subordinate to civil power.—That the military shall always 
be in strict subordination to the civil power; that no soldier shall, in time of peace, 
be quartered in any house without the consent of the owner, nor in time of war, 
except in the manner prescribed by law. 

[Const. 1865, Art. 1, Sec. 32, modified. ] 


(6.) See annotations to Charter, Art. 6. 


ARTS. II, Il and IV.]} CONSTITUTION OF THE STATE OF MISSOURI. 97 


— 


Sec. 28. Trial by jury inviolate—grand jary—twelve men.—The right of 
trial by jury, as heretofore enjoyed, shall remain inviolate, but a jury for the trial 
of civil and criminal cases in courts not of record, may consist of less than twelve 
men as may be prescribed by law; and that a two-thirds majority of such number 
prescribed by law concurring may render a verdict in all civil cases; and that in 
the trial by jury of all civil cases in courts of record three-fourths of the members 
of the jury concurring may render a verdict. Hereafter a grand jury shall consist 
of twelve men, any nine of whom concurring may find an indictment or a true 
bill: Provided, however, That no grand jury shall be convened except upon an 
order of a judge of a court having the power to try and determine felonies; but 
when so assembled such grand jury shall have power to investigate and return 
indictments for all character and grades of crime. 


i Const. 1865, Art. 1, Sec. 17. Section, as amended (two amendments), adopted 
in 1900.] 


Sec. 29. People, right to assemble and petition.—That the people have the 
right peaceably to assemble for their common good, and to apply to those invested 


with the powers of government for redress of grievances by petition or remon- 
strance. 
{Const. 1865, Art. 1, first clause Sec. 8.] 


Sec. 30. Due process of law—person.—That no person shall be deprived of 
life, liberty or property, without due process of law. 
fConst. 1865, Art. 1, Sec. 18. Same in substance as last clause. ] 


See. 31. Slavery prohibited.—That there cannot be in this State either 
slavery or involuntary servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted. 

rConsu, 1865, Art) Sec 2.1 


Sec. 32. Rights reserved.—The enumeration in this Constitution of certain 


rights shall not be construed to deny, impair or disparage others retained by the 
people. 
{New section. | 


ARTICLE IIl. 
THE DISTRIBUTION OF POWERS. 


Three departments of government.—The powers of government shall be 
divided into three distinct departments—the legislative, executive and judicial— 
each of which shall be confided to a separate magistracy, and no person; or collec- 
tion of persons, charged with the exercise of powers properly belonging to one of 
those departments, shall exercise any power belonging to either of the others, 


except in the instances in this Constitution expressly directed or permitted. 
[Same substantially as Const. 1865, Art. 3.] 


ARTICLE IV. 
LEGISLATIVE DEPARTMENT. 


Section 1. The legislative power, subject to the limitations herein contained, 
shall be vested in a Senate and House of Representatives, to be styled ‘‘The Gen- 
eral Assembly of the State of Missouri.’’ 

{Substantially same as Const. 1865, Art. 4, Sec. 1.] 


REPRESENTATION AND APPORTIONMENT. 


Sec. 2. Representatives, apportionment.—The House of Representatives shall 
consist of members to be chosen every second year by the qualified voters of the 
several counties, and apportioned in the following manner: The ratio of repre- 
sentation shall be ascertained at each apportioning session of the General Assem- 
bly, by dividing the whole number of inhabitants of the State, as ascertained by 
the last decennial census of the United States, by the number two hundred. Each 
county having one ratio, or less, shall be entitled to one Representative; each 
county having two and a half times said ratio shall be entitled to two Representa- 
tives; each county having four times said ratio shall be entitled to three Repre- 
sentatives; each county having six times such ratio shall be entitled to four Repre- 
sentatives, and so on above that number, giving one additional member for every 
two and a half additional ratios. 


i ones 1865, Art. 4, Sec. 2, gave one additional member for every three additional 
ratios. 


*Proposed amendment will be submitted at the election in 1908 (Laws 1907, D. 452). 


28 CONSTITUTION OF THE STATE OF MISSOURI. [ART. EV 


Sec. 3. Counties, division of into districts —When any county shall be en- 
titled to more than one Representative, the county court shall cause such county 
to be subdivided into districts of compact and contiguous territory, corresponding 
in number to the Representatives to which such county is entitled, and in popula- 
tion as nearly equal as may be, in each of which the qualified voters shall elect 
one Representative, who shall be a resident of such district: Provided, That 
when any county shall be entitled to more than ten Representatives, the circuit 
court shall cause such county to be subdivided into districts, so as to give each 
district not less than two nor more than four Representatives, who shall be resi- 
dents of such district—the population of the districts to be apportioned to the 
number of Representatives to be elected therefrom. 

[Proviso new. Rest same as last part of Const. 1865, Art. 4, Sec. 2.] 

Sec. 4. Representatives—qualifications.—No person shall be a member of 
the House of Representatives who shall not have attained the age of twenty-four 
years, who shall not be a male citizen of the United States, who shall not have 
been a qualified voter of this State two years, and an inhabitant of the county or 
district which he may be chosen to represent one year next before the day of his 
election, if such county or district shall have been so long established, but if not, 
then of the county or district from which the same shall have been taken, and 
who shall not have paid a State and county tax within one year next preceding 
the election. 

[Const. 1865, Art. 4, Sec. 3.] 

Sec. 5. Senators, number—Senatorial districts.—The Senate shall consist of 
thirty-four members, to be chosen by the qualified voters of their respective 
districts for four years. For the election of Senators the State shall be divided 
into convenient districts, as nearly equal in population as may be, the same to be 
ascertained by the last decennial census taken by the United States. 

[Substantially same as Const. 1865, Art. 4, Secs. 4 and 6.] 

Sec. 6. Senators, qualifications—counties divided, when.—No person shall 
be a Senator who shall not have attained the age of thirty years, who shall not be 
a male citizen of the United States, who shall not have been a qualified voter 
of this State three years, and an inhabitant of the district which he 
may be chosen to represent one year next before the day of his election, if such 
district shall have been so long established, but if not, then of the district or dis- 
tricts from which the same shall have been taken, and who shall not have paid a 
State and county tax within one year next preceding the election. When any 
county shall be entitled to more than one Senator, the circuit court shall cause 
such county to be subdivided into districts of compact and contiguous territory, 
and of population as nearly equal as may be, corresponding in number with the 
Senators to which such county may be entitled; and in each of these one Senator, 
who shall be a resident of such district, shall be elected by the qualified voters 
thereof. 

[See Const. 1865, Art. 4, Sec. 5.] 

Sec. 7. Apportionment, rule of.—Senators and Representatives shall be 
chosen according to the rule of apportionment established in this Constitution, 
until the next decennial census by the United States shall have been taken, and 
the result thereof as to this State ascertained, when the apportionment shall be 
revised and adjusted on the basis of that census, and every ten years thereafter 
upon the basis of the United States census; or if such census be not taken, or is 
delayed, then on the basis of a State census; such apportionment to be made at 
the first session of the General Assembly after each census: Provided, That if 
at any time, or from any cause, the General Assembly shall fail or refuse to 
district the State for Senators, as required in this section, it shall be the duty of 
the Governor, Secretary of State and Attorney-General, within thirty days after 
the adjournment of the General Assembly on which such duty devolved, to per- 
form said duty, and to file in the office of the Secretary of State a full statement 
of the districts formed by them, including the names of the counties embraced in 
each district, and the numbers thereof; said statement to be signed by them, and 
attested by the Great Seal of the State, and upon the proclamation of the Governor, 
the same shall be as binding and effectual as if done by the General Assembly, 

(The proviso and the two preceding clauses are new. Const. 1865, Art. 4, Sec. 7.] 

Sec. 8. Representatives, number of until apportionment. —Until an appor- 
tionment of Representatives can be made in accordance with the provisions of this 
article, the House of Representatives shall consist of one hundred and forty-three 
members, which shall be divided among the several counties of the State as fol- 
lows: The county of St. Louis shall have seventeen; the county of Jackson four; 
the county of Buchanan three; the counties of Franklin, Greene, Johnson, Lafay- 
ette,,Macon, Marion, Pike and Saline, each two, and each of the other counties in 
the State one. 


{New section. ] 


SSS osea eas ate: made as authorized by this section b 
1901. See laws 1901.] n by act approved ee 12th, 


ART. IV.] CONSTITUTION OF THE STATE OF MISSOURI. 99 


Sec. 9. Districts, alteration, contiguity.—Senatorial and Representative dis- 
tricts may be altered, from time to time, as public convenience may require. 
When any Senatorial district shall be composed of two or more counties, they shall 
be contiguous; such district to be as compact as may be, and in the formation of 
the same no county shall be divided. 

[Such districts to be compact,” etc., is new. Const. 1865, Art. 4, Sec. 8.] 

Sec. 10. Senators and Representatives, when elected.—The first election of 
Senators and Representatives, under this Constitution, shall be held at the general 
election in the year one thousand eight hundred and seventy-six, when the whole 
number of Representatives, and the Senators from the districts having odd num- 
bers, who shall compose the first class, shall be chosen; and in one thousand eight 
hundred and seventy-eight, the Senators from the districts having even numbers, 
who shall compose the second class, and so on at each succeeding general election, 
half the Senators provided for by this Constitution shall be chosen. 

[Const. 1865, Art. 4, Secs. 9 and 10.] 

See. 11. Senatorial districts. Until the State shall be divided into Senatorial 
districts, in accordance with the provisions of this article, said districts shall be 
constituted and numbered as follows: 

The first district shall be composed of the counties of Andrew, Holt, Nodaway 
and Atchison. 

' Second District—The counties of Buchanan, DeKalb, Gentry and Worth. 

Third District—The counties of Clay, Clinton and Platte. 

Fourth District—The counties of Caldwell, Ray, Daviess and Harrison. 

Fifth District—The counties of Livingston, Grundy, Mercer and Carroll. 

Sixth District—The counties of Linn, Sullivan, Putnam and Chariton. 

Seventh District—The counties of Randolph, Howard and Monroe. 

Eighth District—The counties of Adair, Macon and Schuyler. 

Ninth District—The counties of Audrain, Boone and Callaway. 

Tenth District—The counties of St. Charles and Warren. 

Eleventh District—The counties of Pike, Lincoln and Montgomery. 

Twelfth District—The counties of Lewis, Clark, Scotland and Kuox. 

Thirteenth District—The counties of Marion, Shelby and Ralls. 

Fourteenth District—The counties of Bates, Cass and Henry. 

Fifteenth District—The county of Jackson. 

Sixteenth District—The counties of Vernon, Barton, Jasper, Newton and Mc- 
Donald. 

Seventeenth District—The counties of Lafayette and Johnson. 

EHighteenth District—-The counties of Greene, Lawrence, Barry, Stone and 
Christian. 

Nineteenth District—The counties of Saline, Pettis and Benton. 

Twentieth District—The counties of Polk, Hickory, Dallas, Dade, Cedar and 
St. Clair. 

Twenty-first District—The counties of Laclede, Webster, Wright, Texas, Doug- 
las, Taney, Ozark and Howell. 

Twenty-second District—-The counties of Phelps, Miller, Maries, Camden, 
Pulaski, Crawford and Dent. 

Twenty-third District—The counties of Cape Girardeau, Mississippi, New 
Madrid, Pemiscot, Dunklin, Stoddard and Scott. 

Twenty-fourth District—The counties of Iron, Madison, Bollinger, Wayne, 
Butler, Reynolds, Carter, Ripley, Oregon and Shannon. 

Twenty-fifth District—The counties of Franklin, Gasconade and Osage. 

Twenty-sixth District—-The counties of Washington, Jefferson, St. Francois, 
Ste. Genevieve and Perry. 

Twenty-eighth District—The counties of Cooper, Moniteau, Morgan and Cole. 

St. Louis county shall be divided into seven districts, numbered respectively 
as follows: 

Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty- 
third and Thirty-fourth. 


[The Forty-first General Assembly having adjourned without redistricting the 
State into Senatorial districts, that duty devolved upon the Governor, Secretary of State 
and Attorney-General by the Constitution (section 7, article ITV), and they accordingly, 
on the 6th day of April, 1901, performed that duty, and divided the State into Senatorial 
districts, as follows: 


First—The counties of Atchison, Gentry, Nodaway and Worth. 
Second—Buchanan. 

Third—Andrew, Clay, Clinton, DeKalb, Holt and Platte. 
Fourth—Grundy, Harrison, Livingston, Mercer and Putnam. 
Fifth and Seventh—Jackson. 

Sixth—Chariton, Linn and Sullivan. 

EHighth—Caldwell, Carroll, Daviess and Ray. 

Ninth—Adair, Macon and Shelby. 

Tenth—Boone, Callaway, Montgomery, St. Charles and Warren. 


30 CONSTITUTION OF THE STATE OF MISSOURI. [ARTICLE IV, 


Bleventh—Audrain, Lincoln and Pike. 

Twelfth—Clark, Knox, Lewis, Scotland and Schuyler. 

Thirteenth—Marion, Monroe, Ralls and Randolph. 

Fourteenth—Camden, Cooper, Howard, Moniteau and Morgan. 

Fifteenth—Benton, Hickory, Pettis and Saline. 

Sixteenth—Bates, Cedar, Henry and St. Clair. 

Seventeenth—Cass, Johnson and Lafayette. 

EKighteenth—Barry, Lawrence, McDonald and Newton. 

Nineteenth—Christian, Dallas, Douglas, Ozark, Polk, Stone, Taney and 
Webster. 

Twentieth—Barton, Dade, Greene and Vernon. 

Twenty-first—Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Ripley and 
Wayne. 

Twenty-second—Howell, Oregon, Shannon, Texas and Wright. 

Twenty-third—Mississippi, New Madrid, Pemiscot, Scott and Stoddard. 

Twenty-fourth—Crawford, Dent, Iron, Phelps, Reynolds and Washington. 

Twenty-fifth—Franklin, Gasconade and St. Louis. 

Twenty-sixth—Jefferson, Madison, Perry, St. Francois and Ste. Genevieve. 

Twenty-seventh—Cole, Laclede, Maries, Miller, Osage and Pulaski. 

Twenty-eighth—Jasper. 

[Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty- 
fourth—City of St. Louis.] 


Sec. 12. Members of General Assembly cannot hold other offices.—No Sen- 
ator or Representative shall, during the term for which he shall have been elected, 
be appointed to any office under this State, or any municipality thereof; and no 
member of Congress or person holding any lucrative office under the United States, 
or this State, or any municipality thereof (militia officers, justices of the peace 
and notaries public excepted), shall be eligible to either house of the General 
Assembly, or remain a member thereof, after having accepted any such office or 
seat in either house of Congress. 

[First clause is new; also the word ‘municipality.” Const. 1865, Art. 4. Sec. 11.] 

Sec. 13. Office vacated by removal.—lIf any Senator or Representative remove 
his residence from the district or county for which he was elected, his office shall 
thereby be vacated. 

[Same as Const. 1865, Art. 4, Sec. 13.] 


Sec. 14. Election to fill vacancy.—Writs of election to fill such vacancies as 
may occur in either house of the General Assembly shall be issued by the Governor. 
[Same as Const. 1865, Art: 4, Sec. 145] 


Sec. 15. Oath of office, where administered, violation of.—Every Senator and 
Representative-elect, before entering upon the duties of his office, shall take and 
subscribe the following oath or affirmation: “I do solemnly swear, or affirm, 
that I will support the Constitution of the United States and of the State of Mis- 
souri, and faithfully perform the duties of my office; and that I will not knowingly 
receive, directly or indirectly, any money or other valuable thing for the perform- 
ance or nonperformance of any act or duty pertaining to my office, other than the 
compensation allowed by law.’’ The oath shall be administered in the halls of their 
respective houses, to the members thereof, by some judge of the Supreme Court, or 
the circuit court, or the county court of Cole county, or after the organization, by 
the presiding officer of either house, and shall be filed in the office of the Secre- 
tary of State. Any member of either house refusing to take said oath or affirma- 
_tion shall be deemed to have thereby vacated his office, and any member convicted 
of having violated his oath or affirmation shall be deemed guilty of perjury, and 
be forever thereafter disqualified from holding any office of trust or profit in this 
State. 


[New section. ] 


Sec. 16. Members, compensation of.*—-The members of the General Assembly 
shall severally receive from the public treasury such compensation for their serv- 
ices as may, from time to time, be provided by law, not to exceed five dollars per 
day for the first seventy days of each session, and after that not to exceed one 
dollar per day for the remainder of the session, except the first session held under 
this Constitution, and during revising sessions, when they may receive five dollars 
per day for one hundred and twenty days, and one dollar per day for the remain- 
der of such sessions. In addition to per diem, the members shall be entitled to 
receive traveling expenses or mileage; for any regular and extra session not greater 
than now provided by law; but no member shall be entitled to traveling expenses 
or mileage for any extra session that may be called within one day after an ad- 
journment of a regular session. Committees of either house, or joint committees 
of both houses, appointed to examine the institutions of the State, other than 


*Amendment to be submitted at election in 1908. (Laws 1907, p. 457.) 


|ART. IV. | CONSTITUTION OF THE STATE OF MISSOURI, 31 


those at the seat of government, may receive their actual expenses, necessarily in- 
curred while in the performance of such duty; the items of such expenses to be 
returned to the chairman of such committee, and by him certified to the State 
Auditor, before the same, or any part thereof, can be paid. Each member may 
receive at each regular session an additional sum of thirty dollars, which shal) be 
in full for all stationery used in his official capacity, and all postage, and all other 
incidental expenses and perquisites; and no allowance or emoluments, for any 
purpose whatever, shall be made to or received by the members, or any member of 
either house, or for their use, out of the contingent fund or otherwise, except as 
herein expressly provided; and no allowance or emolument, for any purpose what- 
ever, shall ever be paid to any officer, agent, servant or employe of either house 
of the General Assembly or of any committee thereof, except such per diem as 
may be provided for by law, not to exceed five dollars. 


[New section, except the provision preceding the words ‘‘not to exceed five dollars 
Der day. ceeCONnSst «1860, Art, 4.55eC,.1 7%.) 


Sec. 17. Organization and general rules.—Each house shall appoint its own 
officers; shall be sole judge of the qualifications, election and returns of its own 
members; may determine the rules of its own proceedings, except as herein pro- 
vided; may arrest and punish by fine not exceeding three hundred dollars, or im- 
prisonment in a county jail not exceeding ten days, or both, any person, not a 
member, who shall be guilty of disrespect to the house by any disorderly or con- 
temptuous behavior in its presence during its sessions; may punish its members 
for disorderly conduct, and, with the concurrence of two-thirds of all members 
elect, may expel a member; but no member shall be expelled a second time for the 
same cause. 

[Substantially same as Const. 1865, Art. 4, Sec. 19.] 


Sec. 18. Majority a quorum, absent members.—A majority of the whole 
number of members of each house shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and may compel the attendance of 
absent members in such manner and under such penalties as each house may 
provide. 

{Const. 1865, Art. 4, Sec. 18.] 


Sec. 19. Sessions must be public.—The sessions of each house shall be held 
with open doors, except in cases which may require secrecy. 
[Const. 1865, Art. 4, Sec. 21.] 


Sec. 20. Time of meeting—biennial terms.—The General Assembly elected 
in the year one thousand eight hundred and seventy-six shall meet on the first 
Wednesday after the first day of January, one thousand eight hundred and seventy- 
seven; and thereafter the General Assembly shall meet in regular session once 
only in every two years; and such meeting shall be on the first Wednesday after 
the first day of January next after the elections of the members thereof. 


[The word “only,” preceding the words “in every two years,” is not in the Const. 
of 1865, Art. 4, Sec. 35.] 


See. 21. Shall not adjourn for more than three days.—Every adjournment or 
recess taken by the General Assembly for more than three days shall have the 
effect of and be an adjournment sine die. 

[New section. ] 


Sec. 22. Adjournment for three days or less.—Every adjournment or recess 
taken by the General Assembly for three days or less shall be construed as not 
interrupting the session at which they are had or taken, but as continuing the 


session for all the purposes mentioned in section sixteen of this article. 
[New section. ] 


Sec. 23. Adjournment by consent.—Neither house shall, without the con- 
sent of the other, adjourn for more than two days at any one time, nor to any 
other place than that in which the two houses may be sitting. 

[Const. 1865, Art. 4, Sec. 22.] 


LEGISLATIVE PROCEEDINGS. 


Sec. 24. The style of the laws of this State shall be: ‘‘Be it enacted by the 
General Assembly of the State of Missouri, as follows:”’ 

[Const. 1865, Art. 4, Sec. 26.] 

Sec. 25. Laws passed by bills, extent of amendments.—No law shall be 
passed except by bill, and no bill shall be so amended in its passage through either 
house as to change its original purpose. 

[New section. } 


32 CONSTITUTION OF THE STATE OF MISSOURI. TART.VIV: 


Sec. 26. Origin of bills—must be read on three days.—Bills may originate 
in either house, and may be amended or rejected by the other; and every bill 
shall be read on three different days in each house. ; 

[See Const. 1865, Art. 4, Sec. 23.] 

Sec. 27. Bills must be reported and printed.—No bill shall be considered 
for final passage unless the same has been reported upon by a committee and 
printed for the use of the members. 

[New section. ] 

Sec. 28. Bills must contain but one subject—title.—No bill (except general 
appropriation bills, which may embrace the various subjects and accounts for and, 
on account of which moneys are appropriated, and except bills passed under the 
third subdivision of section forty-four of this article) shall contain more than one 
subject, which shall be clearly expressed in its title. 

[See Const. 1865, Art. 4, Sec. 32.] 

Sec. 29. Amendments to be incorporated in bill and printed.—Al1]l amend- 
ments adopted by either house to a bill pending and originating in the same shall 
be incorporated with the bill by engrossment, and the bill as thus engrossed shall be 
printed for the use of the members before its final passage. The engrossing and 
printing shall be under the supervision of a committee, whose report to the house 
shall set forth, in writing, that they find the bill truly engrossed, and that the 
printed copy furnished to the members is correct. 

[New section. ] 

Sec. 30. Bill passed in one house, amended in the other, to be returned.—lIf 
a bill passed by either house be returned thereto, amended by the other, the house 
to which the same is returned shall cause the amendment or amendments so re- 
ceived to be printed under the same supervision as provided in the next preceding 
section for the use of the members before final action on such amendments. 

[New section. ] 

Sec. 31. Bill, final vote on, yeas and nays.—No bill shall become a law, 
unless on its final passage the vote be taken by yeas and nays, the names of the 
members voting for and against the same be entered on the journal, and a majority 
of the members elected to each house be recorded thereon as voting in its favor. 

[Same in substance as Const. 1865, Art. 4, Sec. 24.] 

Sec. 32. Amendments and reports.—No amendment to bills by one house 
shall be concurred in by the other, except by a vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those voting for and 
against recorded upon the journal thereof; and reports of committees of con- 
ference shall be adopted in either house only by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the names of those voting 
recorded upon the journal. 

[New section.] 

Sec. 33. Act revived or re-enacted, how.—No act shall be revived or re- 
enacted by mere reference to the title thereof, but the same shall be set forth at 
length, as if it were an original act. 

[Same as Const! 1865) Art. 4, Sec.) 25:] 

Sec. 34. Act amended, how.—No act shall be amended by providing that 
designated words thereof be stricken out, or that designated words be inserted, 
or that designated words be stricken out and others inserted in lieu thereof; but 
the words to be stricken out, or the words to be inserted, or the words to be 
stricken out and those inserted in lieu thereof, together with the act or section 
amended, shall be set forth in full as amended. 

[Const. 1865, Art. 4, Sec. 25.] 

Sec. 35. Motion to reconsider—bill on final passage.—When a bill is put 
upon its final passage in either house, and failing to pass, a motion is made to re- 
consider the vote by which it was defeated, the vote upon such motion to reconsider 
shall be immediately taken, and the subject finally disposed of before the house 
proceeds to any other business. 

[New section. ] 

Sec. 36. Laws take effect when.—No law passed by the General Assembly, 
except the general appropriation act, shall take effect or go into force until ninety 
days after the adjournment of the session at which it was enacted, unless in case 
of an emergency (which emergency must be expressed in the preamble or in the 
body of the act), the General Assembly shall, by a vote of two-thirds of all the 
members elected to each house, otherwise direct; said vote to be taken by yeas 
and nays, and entered upon the journal. 

{New section. ] 

‘Sec. 37. Bills signed by presiding officers.—No bill shall become a law until 
the same shall have been signed by the presiding officer of each of the two houses 
in open session; and before such officer shall affix his signature to any bill, he 
shail suspend all other business, declare that such bill will now be read, and that, 
if no objections be made, he will sign the same to the end that it may become 


ART.IV.] . CONSTITUTION OF THE STATE OF MISSOURI. 33 


a law. The bill shall then be read at length, and if no objection be made, he shall, 
in presence of the house, in open session, and before any other business is enter- 
tained, affix his signature, which fact shall be noted on the journal, and the bill 
immediately sent to the other house. When it reaches the other house, the pre- 
siding officer thereof shall immediately suspend all other business, announce 
the reception of the bill, and the same proceedings shall thereupon be observed, 
in every respect, as in the house in which it was first signed. If in either house 
any member shall object that any substitution, omission or insertion has occurred, 
so that the bill proposed to be signed is not the same in substance and form as 
when considered and passed by the house, or that any particular clause of this 
article of the Constitution has been violated in its passage, such objection shall 
be passed upon by the house, and if sustained, the presiding officer shall withhold 
his signature; but if such objection shall not be sustained, then any five members 
may embody the same, over their signatures, in a written protest, under oath, 
against the signing of the bill. Said protest, when offered in the house, shall be 
noted upon the journal, and the original shall be annexed to the bill to be con- 
sidered by the Governor in connection therewith. 
[New section. See Art. 5, Sec. 12.] 


Sec. 38. Bills, approval of Governor.—When the bill has been signed, as 
provided for in the preceding section, it shall be the duty of the Secretary of 
the Senate, if the bill originated in the Senate, and of the Chief Clerk of the 
House of Representatives, if the bill originated in the House, to present the same 
in person, on the same day on which it was signed as aforesaid, to the Governor, 
and enter the fact upon the journal. Every bill presented to the Governor, and 
returned within ten days to the house in which the same originated, with the 
approval of the Governor, shall become a law, unless it be in violation of some 
provision of this Constitution. 

[New section. See Art. 5, Sec. 12.] 


Sec. 39. Bills returned without approval.—Every bill presented as afore- 
said, but returned without the approval of the Governor and with his objection 
thereto, shall stand as reconsidered in the house to which it is returned. The 
house shall cause the objections of the Governor to be entered at large upon the 
journal, and proceed, at its convenience, to consider the question pending, which 
shall be in this form: ‘‘Shall the bill pass, the objections of the Governor thereto 
notwithstanding?’ The vote upon this question shall be taken by yeas and nays, 
and the names entered upon the journal, and if two-thirds of all the members 
elected to the house vote in the affirmative, the presiding officer of that house 
shall certify that fact on the roll, attesting the same by his signature, and send 
the bill, with the objections of the Governor, to the other house, in which like 
proceedings shall be had in relation thereto, and if the bill receive a like majority 
of the votes of all the members elected to that house, the vote being taken by yeas 
and nays, the presiding officer thereof shall, in like manner, certify the fact upon 
the bill. The bill thus certified shall be deposited in the office of the Secretary 
of State, as an authentic act, and shall become a law in the same manner and with 
like effect as if it had received the approval of the Governor. 

[See Const. 1865, Art. 5, Sec. 9.] 


Sec. 40. Failure of Governor to approve or return bill—proceedings.—W hen- 
ever the Governor shall fail to perform his duty, as prescribed in section 12, 
Article V of this Constitution, in relation to any bill presented to him for his ap- 
proval, the General Assembly may, by joint resolution, reciting the fact of such 
failure and the bill at length, direct the Secretary of State to enroll the same 
as an authentic act, in the archives of the State, and such enrollment shall have the 
same effect as an approval by the Governor. Provided, That such joint resolution 
shall not be submitted to the Governor for his approval. 

[New section. ] 


Sec. 41. Laws—revision of.—Within five years after the adoption of this 
Constitution, all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested and promulgated in such manner as the General Assembly 
shall direct; and a like revision, digest and promulgation shall be made at the 
expiration of every subsequent period of ten years. 

[New section. ] 


Sec. 42. Journal of each house published—yeas and nays noted.—Each house 
shall, from time to time, publish a journal of its proceedings and the yeas and 
nays on any question shall be taken and entered on the journal at the motion 
of any two members. Whenever the yeas and nays are demanded, the whole list 
of members shall be called, and the names of the absentees shall be noted and 
published in the journal. 

[See Const. 1865, Art. 4, Sec. 20.] 


34 CONSTITUTION OF THE STATE OF MISSOURI. [ART .OLV. 


LIMITATION ON LEGISLATIVE POWER. 


Sec. 43. Appropriations, order of.—All revenue collected and moneys received 
by the State from any source whatsoever shall go into the treasury, and the General 
Assembly shall have no power to divert the same, or to permit money to be drawn 
from the treasury, except in pursuance of regular appropriations made by law. 
All appropriations of money by the successive General Assemblies shall be made 
in the following order: 

First, For the payment of all interest upon the bonded debt of the State that 
may become due during the term for which each General Assembly is elected. 

Second, For the benefit of the sinking fund, which shall not be less annually 
than two hundred and fifty thousand dollars. 

Third, For free public school purposes. 

Fourth, For the payment of the cost of assessing and collecting the revenue. 

Fifth, For the payment of the civil list. 

Sixth, For the support of the eleemosynary institutions of the State. 

Seventh, For the pay of the General Assembly, and such other purposes not 
herein prohibited as it may deem necessary; but no General Assembly shall have 
power to make any appropriation of money for any purpose whatsoever, until the 
respective sums necessary for the purposes in this section specified have been 
set apart and appropriated, or to give priority in its action to a succeeding over 
a preceding item as above enumerated. 

[New section. See Const. 1865, Art. 11, Sec. 6.] 

Sec. 44. General Assembly not to contract debts except as herein.—The 
General Assembly shall have no power to contract or to authorize the contracting 
of any debt or liability on behalf of the State, or to issue bonds or other evidence 
of indebtedness thereof, except in the following cases: 

First, In renewal of existing bonds, when they cannot be paid at maturity, 
out of the sinking fund or other resources. 

Second, On the occurring of an unforeseen emergency, or casual deficiency of 
the revenue, when the temporary liability incurred, upon the recommendation of 
the Governor first had, shall not exceed the sum of two hundred and fifty 
thousand dollars for any one year, to be paid in not more than two years from and 
after its creation. 

Third, On the occurring of any unforeseen emergency, or casual deficiency of 
the revenue, when the temporary liability incurred or to be incurred shall exceed 
the sum of two hundred and fifty thousand dollars for any one year, the General 
Assembly may submit an act providing for the loan, or for the contracting of the 
liability, and containing a provision for levying a tax sufficient to pay the interest 
and principal when they become due (the latter in not more than thirteen years 
from the date of its creation), to the qualified voters of the State, and when the 
act so submitted shall have been ratified by a two-thirds majority, at an election 
held for that purpose, due publication having been made of the provisions of the 
act for at least three months before such election, the act thus ratified shall be 
irrepealable until the debt thereby incurred shall be paid, principal and interest. 

[New section. ] 


Sec. 45. State’s credit not to be loaned.—The General Assembly shall have 
no power to give or to lend, or to authorize the giving or lending of the credit 
of the State in aid of or to any person, association or corporation, whether municipal 
or other, or to pledge the credit of the State in any manner whatsoever, for the 
payment of the liabilities, present or prospective, of any individual, association 
of individuals, municipal or other corporation whatsoever: Provided, That the 
General Assembly shall have the power to appropriate from funds in the State 
sinking fund, being the proceeds of the tax authorized under section 14 of article 
X of the Constitution, to an amount not exceeding one million dollars for the 
exhibition of the resources, products and industries of the State in the centennial 
celebration of the Louisiana Purchase in the city of St. Louis. 

[Const. 1865, Art. 11, Sec. 13, modified. Section, as amended, adopted in 1900.] 

Sec. 46. Public money, grant of prohibited.—The General Assembly shall 
have no power to make any grant, or to authorize the making of any grant of 
public money or thing of value to any individual, association of individuals, 
municipal or other corporation whatsoever: Provided, That this shall not be so 
construed as to prevent the grant of aid in a case of public calamity. 

[New section. ] 

Sec. 47. Municipalities, loaning credit of.—The General Assembly shall have 
no power to authorize any county, city, town or township, or other political cor- 
poration or subdivision of the State now existing, or that may be hereafter estab- 
lished, to lend its credit, or to grant public money or thing of value in aid of or 
to any individual, association or corporation whatsoever, or to become a stockholder 
in such corporation, association or company: Provided, That this shall not be so 
construed as to prohibit the General Assembly from providing by law for authoriz- 


Ari. LV.) CONSTITUTION OF THE STATE OF MISSOURI. 35 


ing the creation, maintenance and management of a fund for the pensioning of 
crippled and disabled firemen, and for the relief of the widows and minor children 
of deceased firemen, by such cities, villages or incorporated towns as may have an 
organized fire department—said fund to be taken from the municipal revenue of 
such cities, villages or incorporated towns.— (a) 

[Const. 1865, Art. 11, Sec. 14, modified. Proviso adopted 1892.] 

Sec. 48. Public officers, agents, etc., extra pay prohibited.—The General 
Assembly shall have no power to grant, or to authorize any county or municipal 
authority to grant any extra compensation, fee or allowance to a public officer, 
agent, servant or contractor, after service has been rendered or a contract has 
been entered into and performed in whole or in part, nor pay nor authorize the 
payment of any claim hereafter created against the State, or any county or munici- 
pality of the State, under any agreement or contract made without express authority 
of law; and all such unauthorized agreements or contracts shall be null and void. 

[New section. ] 

Sec. 49. State subscriptions prohibited.—The General Assembly shall have 
no power hereafter to subscribe or authorize the subscription of stock on behalf 
of the State, in any corporation or association, except for the purpose of securing 
loans heretofore extended to certain railroad corporations by the State. 

jOonst sob. Artesia SeG. Lo.) 

Sec. 50. Liens on railroads, not to be released.—The General Assembly shall 
have no power to release or alienate the lien held by the State upon any railroad, or 
in anywise change the tenor or meaning, or pass any act explanatory thereof; but 
the same shall be enforced in accordance with the original terms upon which it was 
acquired. 

[See Const. 1865, Art. 11, Sec. 15.] 

Sec. 51. Corporation debts, release prohibited.—The General Assembly shall 
have no power to release or extinguish, or authorize the releasing or extinguishing, 
in whole or in part, the indebtedness, liability or obligation of any corporation or 
individual to this State, or to any county or other municipal corporation therein. 

[New section.] 

Sec. 52. War debt, payment of.—The General Assembly shall have no power 
to make any appropriation of money, or to issue any bonds or other evidences of 
indebtedness for the payment, or on account or in recognition of any claims audited 
or that may hereafter be audited by virtue of an act entitled “An act to audit and 
adjust the war debt of the State,’ approved March 19, 1874, or any act of a similar 
nature, until after the claims so audited shall have been presented to and paid by 


the Government of the United States to the State of Missouri. 
[New Section. ] 


Sec. 53. Special and local laws prohibited.—The General Assembly shall not 
pass any local or special law:—(b) 

Authorizing the creation, extension or impairing of liens: 

Regulating the affairs of counties, cities, townships, wards or school districts: 

Changing the names of persons or places. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, altering or maintaining roads, highways, 
streets or alleys: 

Relating to ferries or bridges, or incorporating ferry or bridge companies, except 


for the erection of bridges crossing streams which form boundaries between this and 
any other State: 

Vacating roads, town plats, streets or alleys: 

Relating to cemeteries, grave-yards or public grounds not of the State: 

Authorizing the adoption or legitimation of children: 

Locating or changing county seats: 

Incorporating cities, towns or villages, or changing their charters: 

For the opening and conducting of elections, or fixing or changing the places 
of voting: 

Granting divorces: 

Erecting new townships, or changing township lines, or the lines of school 
districts: 

Creating offices, or prescribing the powers and duties of officers in counties, 
cities, townships, election or school districts: 

Changing the law of descent or succession: 

Regulating the practice or jurisdiction of, or changing the rules of evidence in 
any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, 
commissioners, arbitrators or other tribunals, or providing or changing methods 


(a) See Statute and references under “Laws Specially Applicable to St. Louis.’’ Ch. 
10, Sec. 322 et eg; also Rev. Code, Sec. 304. 

(6) For cases holding what is or is not a special law hereunder, see first note 
under ‘“‘Laws Specially Applicable to St. Louis.” 


36 CONSTITUTION OF THE STATE OF MISSOURI. LART. Vv. 


for the collection of debts, or the enforcing of judgments, or prescribing the effect of 
judicial sales of real estate: 

Regulating the fees or extending the powers and duties of aldermen, justices of 
the peace, magistrates or constables: 

Regulating the management of public schools, the building or repairing of school- 
houses, and the raising of money for such purposes: 

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability: 

Remitting fines, penalties and forfeitures, or refunding moneys legally paid into 
the treasury: 

Exempting property from taxation: q 

Regulating labor, trade, mining or manufacturing: 

Creating corporations, or amending, renewing, extending or explaining the 
charter thereof: 

Granting to any corporation, association or individual any special or exclusive 
right, privilege or immunity, or to any corporation, association or individual the 
right to lay down a railroad track: 

Declaring any named person of age: 

Extending the time for the assessment or collection of taxes, or otherwise 
relieving any assessor or collector of taxes from the due performance of their official 
duties, or their securities from liability: 

Giving effect to informal or invalid wills or deeds: 

Summoning or empaneling grand or petit juries: 

For limitation of civil actions: 

Legalizing the unauthorized or invalid acts of any officer or agent of the State, 
or of any county or municipality thereof. In all other cases where a general law can 
be made applicable, no Jocal or special law shall be enacted; and whether a general 
law could have been made applicable in any case is hereby declared a judicial ques- 
tion, and as such shall be judicially determined without regard to any legislative 
assertion on that subject: 

Nor shall the General Assembly indirectly enact such special or local law by 
the partial repeal of a general law; but laws repealing local or special acts may be 
passed. 

: [This section enlarged by new specifications. Const. 1865, Art. 4, Sec. 27.] 

Sec. 54. Local and special laws, notice of.—No local or special law shall be 
passed unless notice of the intention to apply therefor shall have been published 
in the locality where the matter or thing to be affected may be situated, which 
notice shall state the substance of the contemplated law, and shall be published 
at least thirty days prior to the introduction into the General Assembly of such 
bill, and in the manner to be provided by law. The evidence of such notice having 
been published shall be exhibited in the General Assembly before such act shall 
be passed, and the notice shall be recited in the act according to its tenor. 

[New Section. ]} 

Sec. 55. Extra sessions, power limited.—The General Assembly shall have 
no power, when convened in extra session by the Governor, to act upon subjects 
other than those specially designated in the proclamation by which the session 
is called, or recommended by special message to its consideration by the Governor 
after it shall have been convened. 

[See Const. 1865, Art. 5, Sec. 7.] 

Sec. 56. Capital not to be removed.—The General Assembly shall have no 
power to remove the seat of government of this State from the City of Jefferson. 

[See Const: 1865,-Art. 11, Sec. 10.] 


ARTICLE V. 


EXECUTIVE DEPARTMENT. 


Section 1. Executive officers, residence of.—The executive department shall 
consist of a Governor, Lieutenant-Governor, Secretary of State, State Auditor, 
State Treasurer, Attorney-General and Superintendent of Public Schools, all of 
whom, except the Lieutenant-Governor, shall reside at the Seat of Government 
during their term of office, and keep the public records, books and papers there, 
and shall perform such duties as may be prescribed by law. 

[See Const. 1865, Art. 5, Sec. 16.] 

See. 2. Terms of office—Governor and Treasurer ineligible to re-election— 
times of holding elections.—The term of office of the Governor, Lieutenant-Gov- 
ernor, Secreatry of State, State Auditor, State Treasurer, Attorney-General and 
Superintendent of Public Schools shall be four years from the second Monday of 
January next after their election, and until their successors are elected and quali- 
fied; and the Governor and State Treasurer shall be ineligible to re-election as 
their own successors. At the general election to be held in the year one thousand 
eight hundred and seventy-six, and every four years thereafter, all such officers, 
except the Superintendent of Public Schools, shall be elected, and the Superintend- 


meas Ys) CONSTITUTION OF THE STATE OF MISSOURI. 37 


ent of Public Schools shall be elected at the general election in the year one 


thousand eight hundred and seventy-eight, and every four years thereafter. 
[The term was two years under Const. of 1865, Art. 5, Secs. 3 and 16, except that of 
Superintendent of Public Schools. Art. 9, Sec. 3. Provision as to ineligibility is new.] 


Sec. 3. Returns—tie, how determined.—The returns of every election for 
the above named officers shall be sealed up and transmitted by the returning 
officers to the Secretary of State, directed to the Speaker of the House of Repre- 
sentatives, who shall, immediately after the organization of the House, and before 
proceeding to other business, open and publish the same in the presence of a 
majority of each House of the General Assembly, who shall for that purpose 
assemble in the hall of the House of Representatives. The person having the 
highest number of votes for either of said offices shall be declared duly elected; 
but if two or more shall have an equal and the highest number of votes, the Gen- 
eral Assembly shall, by joint vote, choose one of such persons for said office. 

[See Const. 1865, Art. 5; Secs. 3 and 18.] 

Sec. 4. The supreme executive power shall be vested in a chief magistrate, 
who shall be styled ‘‘The Governor of the State of Missouri.”’ 

[Same as Const. 1865, Art. 5, Sec. 1.] 

Sec. 5. Governor, qualifications.—The Governor shall be at least thirty-five 
years old, a male, and shall have been a citizen of the United States ten years, and a 
resident of this State seven years next before his election. 

[Same as Const. 1865, Art. 5, Sec. 2, except the word ‘‘white” is here omitted. ] 

Sec. 6. Governor’s duties.—The Governor shall take care that the laws are 
distributed and faithfully executed: and he shall be a conservator of the peace 
throughout the State. 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 7. Governor, commander-in-chief of militiaa—The Governor shall be 
commander-in-chief of the militia of this State, except when they shall be called 
into the service of the United States, and may call out the same to execute the 
laws, suppress insurrection and repel invasion; but he need not command in person 
unless directed so to do by a resolution of the General Assembly. 

[Provision calling out militia is new. Const. 1865, Art. 5, Sec. 5.] 

Sec. 8. Governor, grant pardons, report to General Assembly.—The Governor 
shall have power to grant reprieves, commutations and pardons, after conviction, 
for all offenses, except treason and cases of impeachment, upon such condition 
and with such restrictions and limitations as he may think proper, subject to such 
regulations as may be provided by law relative to the manner of applying for 
pardons. He shall, at each session of the General Assembly, communicate to that 
body each case of reprieve, commutation or pardon granted, stating the name of 
the convict, the crime of which he was convicted, the sentence and its date, the 
date of the commutation, pardon or reprieve, and the reason for granting the 
same. 

[See Const. 1865, Art. 5, Sec. 6.] 

Sec. 9. Governor may inform General Assembly, call extra sessions.—The 
Governor shall, from time to time, give to the General Assembly information 
relative to the state of the government, and shall recommend to its consideration 
such measures as he shall deem necessary and expedient. On extraordinary oc- 
casions he may convene the General Assembly by proclamation, wherein he shall 
state specifically each matter concerning which the action of that body is deemed 
necessary. 


2 eae as Const. 1865, Art. 5, Sec. 7. As to business of special session, see Art. 4, 
EG: DD. 


Sec. 10. Governor’s message—account for moneys, etc.—The Governor shall, 
at the commencement of each session of the General Assembly, and at the close 
of his term of office, give information by message of the condition of the State, 
and shall recommend such measures as he shall deem expedient. He shall account 
to the General Assembly, in such manner as may be prescribed by law, for all 
moneys received and paid out by him from any funds subject to his order, with 
vouchers; and at the commencement of each regular session, present estimates 
of the amount of money required to be raised by taxation for all purposes. 

[New section. ] 


Sec. 11. Vacancy in office—Governor may fill—When any office shall 
become vacant, the Governor, unless otherwise provided by law, shall appoint 
a person to fill such vacancy, who shall continue in office until a successor shall 
have been duly elected or appointed and qualified according to law. 

[Art. 5, Sec. 8, Const. 1865.] 

Sec. 12. Governor’s duty as to bills presented to him.—The Governor shall 
consider all bills and joint resolutions, which, having been passed by both houses 
of the General Assembly, shall be presented to him. He shall, within ten days after 
the same shall ‘have been presented to him, return to the house in which they re- 
sepectively originated, all such bills and joint resolutions, with his approval in- 


38 CONSTITUTION OF THE STATE. OF MISSOURI. LART,..¥. 


dorsed thereon, or accompanied by his objections: Provided, That if the General As- 
sembly shall finally adjourn within ten days after such presentation, the Governor 
may, within thirty days thereafter, return such bills and resolutions to the office of 
the Secretary of State, with his approval or reasons for disapproval. 

[See Art. 4, Secs. 37 and 38 of this Const., and Const. 1865, Art. 5, Sec. 9.J 

Sec. 138. He may object to part of a bill.—If any bill presented to the 
Governor contain several items of appropriation of money, he may object to one or 
more items while approving other. portions of the bill. In such case he shall 
append to the bill, at the time of signing it, a statement of the items to which 
he objects, and the appropriations so objected to shall not take effect. If the 
General Assembly be in session, he shall transmit to the house in which the bill 
originated a copy of such statement, and the items objected to shall be separately 
reconsidered. If it be not in session, then he shall transmit the same within 
thirty days to the office of the Secretary of State, with his approval or reasons 
for disapproval. 

[New section. ] 

Sec. 14. Resolutions must be presented to Governor.—Every resolution to 
which the concurrence of the Senate and House of Representatives may be nec- 
essary, except on questions of adjournment, of going into joint session, and of 
amending this Constitution, shall be presented to the Governor, and before 
the same shall take effect, shall be proceeded upon in the same manner as in the 
case of a bill” Provided, That no resolution shall have the effect to repeal, extend, 
alter or amend any law. 

[Proviso is new. Const. 1865, Art. 5, Sec. 10.]J 

See. 15. lLieutenant-Governor, qualifications and duties.—The Lieutenant- 
Governor shall possess the same qualifications as the Governor, and by virtue of 
his office shall be President of the Senate. In committee of the whole he may 
debate all questions, and when there is an equal division he shafl give the casting 
vote in the Senate, and also in joint vote of both houses. 

[Const. 1865, Art. 5, Secs. 12 and 13.] 

Sec. 16. To perform duties of Governor, when.—In case of death, conviction 
or impeachment, failure to qualify, resignation, absence from the State or other 
disability of the Governor, the powers, duties and emoluments of the office for the 
residue of the term, or until the disability shall be removed, shall devolve upon the 
Lieutenant-Governor. 

[See Const. 1865, Art. 5, Sec. 14.] 


Sec. 17. Senate, President pro tempore—other persons to act as Governor, 
when.—The Senate shall choose a president pro tempore to preside in cases of the 
absence or impeachment of the Lieutenant-Governor, or when he shall hold the 
office of Governor. If there be no Lieutenant-Governor, or the Lieutenant-Gov- 
ernor shall, for any of the causes specified in section sixteen of this article, become 
incapable of performing the duties of the office, the President of the Senate shall 
act as Governor until the vacancy is filled or the disability removed; and if the 
President of the Senate, for any of the above named causes, shall become incapable 
of performing the duties of Governor, the same shall devolve upon the Speaker of 
the House of Representatives, in the same manner and with the same powers and 
compensation as are prescribed in the case of the office devolving upon the Lieu- 
tenant-Governor. 

[CONStsGLOOD, VATED Ee OeCrnl4] 


Sec. 18. Lieutenant-Governor, etc., compensation.—The Lieutenant-Governor 
or the President pro tempore of the Senate, while presiding in the Senate, shall 
receive the same compensation as shall be allowed the Speaker of the House 
of Representatives. 

[Const..13865,, Art? 5) See. 155) 


Sec. 19. Executive officers, qualifications.—No person shall be eligible to 
the office of Secretary of State, State Auditor, State Treasurer, Attorney-General, 
or Superintendent of Public Schools, unless he be a male citizen of the United 
States and at least twenty-five years old, and shall have npided in this State at 
least five years next before his election. 

[Const. 1865, Art. 5, Sec. 16, except as to Superintendent of Public Schools, who was 
required to have the qualifications of a State Senator. Art. 10, Sec. 

Sec. 20. Seal of the State.—The Secretary of State shall be the custodian 
of the seal of the State, and authenticate therewith all official acts of the Gov- 
ernor, his approval of laws excepted. The said seal shall be called the ‘‘Great Seal 
of the State of Missouri,’ and the emblems and devices thereof, heretofore pre- 
scribed by law, shall not be subject to change. 

[Const. 1865, Art. 5, Sec. 20.] 


Sec. 21. Secretary of State, duties of.—The Secretary of State shall keep 
a register of the official acts of the Governor, and when necessary, shall attest 


Bert. Vi) CONSTITUTION OF THE STATE OF MISSOURI. 39 


them, and lay copies of the same, together with copies of all papers relative thereto, 
before either house of the General Assembly whenever BUCA EY to do so. 

[Const. 1865, Art. 5, Sec. 21.] 

See. 22. Executive officers’ duties, accounts, institutions.—An account shall 
be kept by the officers of the Executive Department of all moneys and choses 
in action disbursed or otherwise disposed of by them, severally, from all sources, 
and for every service performed; and a semi-annual report thereof shall be made 
to the Governor under oath. The Governor may at any time require information, 
in writing, under oath, from the officers of the Executive Department, and all 
officers and managers of State institutions, upon any subject relating to the condi- 
tion, management and expenses of their respective offices and institutions; which 
information, when so required, shall be furnished by such officers and managers, 
and any officer or manager who at any time shall make a false report, shall be 
guilty of perjury and punished accordingly. - 

[New section. ] 

See. 23. Governor shall commission officers.—The Governor shall com- 
mission all officers not otherwise provided for by law. All commissions shall run 
in the name and by the authority of the State of Missouri, be signed by the Govern- 
or, sealed with the Great Seal of the State of Missouri, and attested by the Secretary 
of State. 

T[Const. 1865, Art. 5, Sec. 25.] 

Sec. 24. Officers, salaries and fees not to be changed.—The officers named 
in this article shall receive for their services a salary to be established by law, 
which shall not be increased or diminished during their official terms; and they 
shall not, after the expiration of the terms of those in office at the adoption of this 
Constitution, receive to their own use any fees, costs, perquisites of office, or other 
compensation. All fees that may hereafter be payable by law for any service 
performed by any officer provided for in this article shall be paid in advance into 
the State treasury. 

[New section. ] 

See. 25. Contested elections of-executive officers.—Contested elections of 
Governor and Lieutenant-Governor shall be decided by a joint vote of both houses 
of the General Assembly, in such manner as may be provided by law; and. con- 
tested elections of Secretary of State, State Auditor, State Treasurer, Attorney- 
General and Superintendent of Public Schools shall be decided before such tribunal 
and in such manner as may be provided by law. 

[Const. 1865; Art? 5; Secs. 18 and 19.] 
ARTICLE VI. 


JUDICIAL DEPARTMENT.* 

Section 1. Judicial power of State, where vested.——The judicial power of 
the State, as to matters of law and equity, except as in this Constitution otherwise 
provided, shall be vested in a Supreme Court, the St. Louis Court of Appeals, 
circuit courts, criminal courts, probate courts, county courts and municipal cor- 
poration courts. 

[See Const. 1865, Art. 6, Sec. 1. Also amendment of 1890, at close of this article. ] 

Sec. 2. Supreme Court, jurisdiction of.—The Supreme Court, except in cases 
otherwise directed by this Constitution, shall have appellate jurisdiction only, 
which shall be coextensive with the State under the restrictions and limitations 
in this Constitution provided. 

[See Const. 1865, Art. 6, Sec. 2.] 

Sec. 38. Supreme Court, superintending control of.—The Supreme Court 
shall have a general superintending control over all inferior courts. It shall have 
power to issue writs of habeas corpus, mandamus, quo warranto, certiorari and 
other original remedial writs, and to hear and determine the same. 

[Const. 1865, Art. 6, Sec. 3.] 

Sec. 4. Supreme Court judges, term—Chief Justice.—The judges of the 
Supreme Court shall hold office for the term of ten years. The judge oldest in 
commission shall be Chief Justice of the Court; and if there be more than one com- 
mission of the same date, the court may select the Chief Justice from the judges 
holding the same. 

[See Const. 1865, Art. 6, Sec. 6.] 

Sec. 5. Judges, number of—quor iit duties “Sl ectton: —The Supreme Court 
shall consist of five judges, any three of whom shall constitute a quorum; and said 
judges shall be conservators of the peace throughout the State, and shall be elected 
by the qualified voters thereof. (a) 

(Const. 1865, Art. 6, Sec. 4. Amended, 1890, increasing number and creating two 
divisions. See amendment at end of article. ] 

Sec. 6. Judges, qualifications.—The judges of the Supreme Court shall be 
citizens of the United States, not less than thirty years old, and shall have been 

(a) See constitutional amendment at end of this article. 


mye son amendment hereto to be voted at in election of 1908. (Laws 1907, p. 


40 CONSTITUTION OF THE STATE OF MISSOURI. [TART “Vis 


citizens of this State for five years next preceding their election or appointment, 
and shall be learned in the law. 
{‘‘And shall be learned in the law’ is new. Const. 1865, Art. 6, Sec. 18.] 


Sec. 7. Judges, terms—commencement—appointment.—The full terms of 
the judges of the Supreme Court shall commence on the first day of January next 
ensuing their election, and those elected to fill any vacancy shall also enter upon 
the discharge of their duties on the first day of January next ensuing such 
election. Those appointed shall enter upon the discharge of their duties as soon 
as qualified. 

[Commencement of term same as Const. 1865, Art. 6, Sec. 7. See amendment at 
end of this article. ] 

Sec. 8. Present judges, terms.—The present judges of the Supreme Court 
shall remain in office until the expiration of their respective terms of office. To 
fill their places as their terms expire, one judge shall be elected at the general 
election in eighteen hundred and seventy-six, and one every two years thereafter. 

[Provision for election of one judge every two years same as Const. 1865, Art. 6, 
Sec. 7. See amendment at end of this article. ] 

Sec. 9. Supreme Court, time and place of holding.—The Supreme Court 
shall be held at the Seat of Government at such times as may be prescribed by law; 
and until otherwise directed by law, the terms of said court shall commence 
on the third Tuesdays in October and April of each year. 

[New section. See Const. 1865, Art. 6, Sec. 5.] 


Sec. 10. Supreme Court, accommodations.—tThe State shall provide a suitable 
court room at the Seat of Government, in which the Supreme Court shall hold its 
sessions; also a clerk’s office, furnished offices for the judges, and the use of the 
State Library. 

[New section. ] 


Sec. 11 Judges divided in opinion.—If, in any cause pending in the Supreme 
Court, or the St. Louis Court of Appeals, the judges sitting shall be equally divided 
in opinion, no judgment shall be entered therein based on such division; but the 
parties to the cause may agree upon some person, learned in the law, to act as 
special judge in the cause, who shall therein sit with the Court, and give decision 
in the same manner and with the same effect as one of the judges. If the parties 
cannot agree upon a special judge, the court shall appoint one. 

[Same as Const. 1865, Art. 6, Sec. 10. See amendment at end of this article.] 


Sec. 12. St. Louis Court of Appeals—jurisdiction—appeals to Supreme 
Court.—.There is hereby established in the city of St. Louis an Appellate Court, 
to be known as the “‘St. Louis Court of Appeals,’ the jurisdiction of which shall 
be coextensive with the city of St. Louis and the counties of St. Louis, St. Charles, 
Lincoln and Warren. Said court shall have power to issue writs of habeas corpus, 
quo warranto, mandamus, certiorari, and other original remedial writs, and to hear 
and determine the same; and shall have a superintending control over all inferior 
courts of record in said counties. Appeals shall lie from the decisions of the St. 
Louis Court of Appeals to the Supreme Court, and writs of error may issue from 
the Supreme Court to said court in the following cases only: In all cases where 
the amount in dispute, exclusive of costs, exceeds the sum of two thousand five 
hundred dollars; in cases involving the construction of the Constitution of the 
United States or of this State; in cases where the validity of a treaty or statute 
of or authority exercised under the United States is drawn in question; in cases 
involving the construction of the revenue laws of this State, or the title to any office 
under this State; in cases involving title to real estate; in cases where a county 
or other political subdivision of the State or any State officer is a party, and in 
all cases of felony. 


[See amendment at end of.this article, establishing Kansas City Court of Appeals 
and extending jurisdiction of St. Louis Court of Appeals. ] 


[New section. ] 


Sec. 13. Number, election, qualification and pay of judges.—The St. Louis 
Court of Appeals shall consist of three judges, to be elected by the qualified 
voters of the city of St. Louis, and the counties of St. Louis, St. Charles, Lincoln 
and Warren, who shall hold their offices for the period of twelve years. They 
shall be residents of the district composed of said counties, shall possess the same 
qualifications as judges of the Supreme Court, and each shall receive the same 
compensation as is now or may be provided by law for the judges of the circuit 
court of St. Louis county, and be paid from the same sources: Provided, That 
each of said counties shall pay its proportional part of the same, according to its 
taxable property. 

[New section. ] 

Sec. 14. Judges, duties—quorum—terms of court.—The judges of said court 
shall be conservators of the peace throughout said counties. Any two of said 
judges shall constitute a quorum. There shall be two terms of said court to be 


mised... Vie] CONSTITUTION OF THE STATE OF MISSOURI. 41 


held each year, on the first Mondays of March and October, and the first term 
of said court shall be held on the first Monday in January, 1876. 

[New section. ] 

Sec. 15. Opinions of court—rules of practice.—The opinions of said court 
shall be in writing, and shall be filed in the cases in which they shall be respectively 
made, and become parts of their record; and all laws relating to the practice in the 
Supreme Court shall apply to this court, so far as the same may be applicable. 

[New section. ] 

Sec. 16. Terms of first judges—presiding judge.—At the first general elec- 
tion held in said city and counties after the adoption of this Constitution, three 
judges of said court shall be elected, who shall determine by lot the duration of 
their several terms of office, which shall be respectively four, eight and twelve 
years, and certify the result to the Secretary of State; and every four years there- 
after one judge of said court shall be elected to hold office for the term of twelve 
years. The term of office of such judges shall begin on the first Monday in 
January next ensuing their election. The judge having the oldest license to practice 
law in this State shall be the presiding judge of said court. 

[New section.] 

Sec. 17. Court of Appeals, judges—appointment of.—Upon the adoption 
of this Constitution the Governor shall appoint three judges for said court, who shall 
hold their offices until the first Monday of January, eighteen hundred and seventy- 
seven, and until their successors shall be duly qualified. ; 

[New section. ] 

Sec. 18. Court of Appeals, clerk.—The clerk of the Supreme Court of St. 
Louis shall be the clerk of the St. Louis Court of Appeals until the expiration of 
the term for which he was appointed clerk of the Supreme Court, and until his 
successor shall be duly qualified. 

[New section. ] 

Sec. 19. Cases pending in Supreme Court at St. Louis.—A1l cases which may 
be pending in the Supreme Court at St. Louis at the time of the adoption of this 
Constitution, which by its terms would come within the final appellate jurisdiction 
of the St. Louis Court of Appeals, shall be certified and transferred to the St. 
Louis Court of Appeals, to be heard and determined by said court. 

[New section. ] 


Sec. 20. Court of Appeals, when cases are triable in.—AIl cases coming to 
said court by appeal, or writ of error, shall be triable at the expiration of fifteen 
days from the filing of the transcript in the office of the clerk of said court. 

[New Section. ] 


Sec. 21. Supreme Court, clerks and records of.—Upon the adoption of this 
Constitution, and after the close of the next regular terms of the Supreme Court 
at St. Louis and St. Joseph, as now established by law, the office of the clerk of 
the Supreme Court at St. Louis and St. Joseph shall be vacated, and said clerks 
shall transmit to the clerk of the Supreme Court at Jefferson City all the books, 
records, documents, transcripts and papers belonging to their respective offices, 
except those required by section nineteen of this article to be turned over to the 
St. Louis Court of Appeals; and said records, documents, transcripts and papers 
shall become part of the records, documents, transcripts and papers of said 
Supreme Court at Jefferson City, and said-court shall hear and determine all the 
cases thus transferred as other cases. 

[New Section. ] 


Sec. 22. Circuit court, jurisdiction and terms.—The circuit court shall have 
jurisdiction over all criminal cases not otherwise provided for by law; exclusive 
original jurisdiction in all civil cases not otherwise provided for; and such con- 
current jurisdiction with and appellate jurisdiction from inferior tribunals and 
justices of the peace as is or may be provided by law. It shall hold its terms at 
such times and places in each county as may be by law directed; but at least two 
terms shall be held every year in each county. 

[Const. 1865, Art. 6, Sec. 13. Last clause is new.] 


Sec. 23. Circuit court, superintending control of.—The circuit court shall 
exercise a superintending control over criminal courts, probate courts, county 
courts, municipal corporation courts, justices of the peace, and all inferior tri- 
bunals in each county in their respective circuits. 

[Const. 1865, except enumeration of courts, Art. 6, Sec. 21.] 


Sec. 24. Circuits may be changed or abolished.—The State, except as 
otherwise provided in this Constitution, shall be divided into convenient circuits 
of contiguous counties, in each of which circuits one circuit judge shall be elected; 
and such circuits may be changed, enlarged, diminshed or abolished, from time 
to time, as public convenience may require; and whenever a circuit shall be abol- 
ished, the office of the judge of such circuit shall cease. 

[See Const. 1865, Art. 6, Sec. 14.] 


42 CONSTITUTION OF THE STATE OF MISSOURI. DATS a vee 


Sec. 25. Circuit judges, terms and duties.—The judges of the circuit court 
shall be elected by the qualified voters of each circuit; shall hold their offices for 
the term of six years, and shall reside in and be conservators of the peace within 
their respective circuits. 

(Const. 1865, Art. 6, Sec. 14.] 


Sec. 26. Circuit judges, qualifications.—No person shall be eligible to the 
office of judge of the circuit court who shall not have attained the age of thirty 
years, been a citizen of the United States five years, a qualified voter of this State 
for three years, and who shall not be a resident of the circuit in which he may 


be elected or appointed. 
[Const. 1865, Art. 6, Sec. 18. Last clause is new.] 


Sec. 27.—Circuit court of St. Louis County—jurisdiction of Court of Appeals.— 
The circuit court of St. Louis county shall be composed of five judges, and such 
additional number as the General Assembly may from time to time provide. Each 
of said judges shall sit separately for the trial of causes and the transaction of 
business in special term. The judges of said circuit court may sit in general 
term, for the purpose of making rules of court, and for the transaction of such 
other business as may be provided by law, at such time as they may determine, but 
shall have no power to review any order, decision or proceeding of the court in 
special term. The St. Louis Court of Appeals shall have exclusive jurisdiction of 
all appeals from and writs of error to the circuit courts of St. Charles, Lincoln 
and Warren counties, and the circuit court of St. Louis county, in special term, 
and all courts of record having criminal jurisdiction in said counties. 


[New provision. Const. 1865, Art. 6, Sec. 15. See amendment of 1884, following 
this article. ] : 


Sec. 28. Additional judges, provision for.—In any circuit composed of a 
single county, the General Assembly may, from time to time, provide for one or 
more additional judges, as the business shall require; each of whom shall sep- 
arately try cases and perform all other duties imposed upon circuit judges. 

[New section. ] 


Sec. 29. Vacancy in office, disability, etc.—If there be a vacancy in the 
office of judge of any circuit, or if the judge be sick, absent, or from any cause 
unable to hold any term or part of term of court, in any county in his circuit, 
such term or part of term of court may be held by a judge of any other circuit; 
and at the request of the judge of any circuit, any term of court or part of term in 
his circuit may be held by the judge of any other circuit, and in all such cases, 
or in any case where the judge cannot preside, the General Assembly shall make 
such additional provision for holding court as may be found necessary. 

[Const. 1865, “Art. 6, Sec?) 17.>- “All such) cases: sete: missnews | 


Sec. 30. Judges, election of—ties and contests.—The election of judges 
of all courts of record shall be held as is or may be provided by law, and in 
case of a tie or contested election between the candidates, the same shall be deter- 
mined as prescribed by law. 

[Const. 1865, Art. 6, Sec. 14.] 


Sec. 31. Criminal courts.—The General Assembly shall have no power to 
establish criminal courts, except in counties having a population exceeding fifty 
thousand. 

[See Const. 1865, Art. 6, Sec. 1.] 


Sec. 32. Judges, vacancy, how filled.—In case the office of judge of any court 
of record become vacant by death, resignation, removal, failure to qualify, or 
otherwise, such vacancy shall be filled in the manner provided by law. 

[Const. 1865, Art.’6, Sec. 8, 14, modified. ] 


Sec. 33. Judges, salaries not to be increased or diminished.—The judges 
of the Supreme, Appellate and Circuit courts, and of all other courts of record 
receiving a salary, shall, at stated times, receive such compensation for their 
services as is or may be prescribed by law; but it shall not be increased or dimin- 
ished during the period for which they were elected. 

[Const. 1865, Art. 6, Sec. 20, modified. ] 


Sec. 34. Probate courts.—The General Assembly shall establish in every 
county a probate court, which shall be a court of record, and consist of one judge, 
who shall be elected. Said court shall have jurisdiction over all matters pertain- 
ing to probate business, to granting letters testamentary and of administration, 
the appointment of guardians and curators of minors and persons of unsound 
mind, settling the accounts of executors, administrators, curators and guardians 
and the sale or leasing of lands by administrators, curators and guardians; 
and also jurisdiction over all matters relating to apprentices: Provided, That 
until the General Assembly shall provide by law for a uniform system of probate 


Abe. VI.) CONSTITUTION OF THE STATE OF MISSOURI. 43 


courts, the jurisdiction of probate courts heretofore established shall remain ag 
now provided by law. (p) 
[New section. ] 


Sec. 35. Probate court, jurisdiction, practice and clerks.—Probate courts 
shall be uniform in their organization, jurisdiction, duties and practice, except 
that a separate clerk may be provided for, or the judge may be required to act, 
ex officio, as his own clerk. 

[New section. ] 


Sec. 36. County courts.—In each county there shall be a county court, which 
shall be a court of record, and shall have jurisdiction to transact all county and 
such other business as may be prescribed by law. The court shall consist of one 
or more judges, not exceeding three, of whom the probate judge may be one, as 
may be provided by law. 

[Const. 1865, Art. 6, Sec. 23, modified. ] 


Sec. 37. Justices of the peace.—In each county there shall be appointed, or 
elected, as many justices of the peace as the public good may require, whose 
powers, duties and duration in office shall be regulated by law. (s) 

[Const. 1865, Art: 6, Sec. 25.] 


Sec. 38. Writs and indictments.—Al1l writs and process shall run and all 
prosecutions shall be conducted in the name of the “State of Missouri;’”’ all writs 
shall be attested by the clerk of the court from which they shall be issued; and 


all indictments shall conclude, “‘against the peace and dignity of the State.’’ 
[Const. 1865, Art. 6, Sec. 26.] 


Sec. 39. Clerks of courts.—The St. Louis Court of Appeals and Supreme 
Court shall appoint their own clerks. The clerks of all other courts of record 
shall be elective, for such terms and in such manner as may be directed by 
jaw: Provided, That the term of office of no existing clerk of any court of record 
not abolished by this Constitution, shall be affected by such law. 

(Const. 1865, Art. 6, Sec. 22, modified. ] 


Sec. 40. Clerks, election of—ties and contests.—In case there be a tie or 
a contested election between candidates for clerk of any court of record, the 
same shall be determined in such manner as may be directed by law. 

[New section. ] 


Sec. 41. Judge, removal for inability.—In case of the inability of any judge 
of a court of record to discharge the duties of his office with efficiency, by reason 
of continued sickness, or physical or mental infirmity, it shall be in the power 
of the General Assembly, two-thirds of the members of each house concurring, 
with the approval of the Governor, to remove such judge from office; but each 
‘house shall state on its respective journal the cause for which it shall wish his 
removal, and give him notice thereof, and he shall have the right to be heard 
in his defense, in such manner as the General Assembly shall by law direct: 

[New section. ] 


Sec. 42. Existing courts to continue.—All courts now existing in this State, 
not named or provided for in this Constitution, shall continue until the expira- 
tion of the terms of office of the several judges; and as such terms expire, the 
business of said courts shall vest in the court having jurisdiction thereof in the 


counties where said courts now exist, and all the records and papers shall be trans- 
ferred to the proper courts. 
[New section. ] 


Sec. 43. Supreme Court, what opinions to be published.—The Supreme 
Court of the State shall designate what opinions delivered by the Court, or the 
judges thereof, may be printed at the expense of the State; and the General 
Assembly shall make no provision for payment by the State for the publication 


of any case decided by said court not so designated. 
[New section. ] 


Sec. 44. Judicial decisions free for publication.—All judicial decisions in 
this State shall be free for publication by any person. 
[New section. ] 


COURTS OF APPEALS. 


[The following amendment to the Constitution extending the jurisdiction of the 
St. Louis Court of Appeals, and establishing the Kansas City Court of Appeals, was 
submitted to the qualified voters by concurrent resolution, approved March 29, 1883, 
and was adopted at the general election held on the Tuesday next following the first 
Monday in November, 1884.] (Laws 1883, p. 215.) 


(4) Probate Courts in St. Louis: See Henderson vs. Koenig. 168 Mo. 356. 


(s) Justices of the Peace in St. Louis: See State ex rel. vs. Walton, 69 Mo. 556; 
Spaulding vs. Brady, 128 Mo. 653. 


44 CONSTITUTION OF THE STATE OF MISSOURI. (ARTS VI 


Section 1. St. Louis Court of Appeals, extended jurisdiction.—The juris- 
diction of the St. Louis Court of Appeals is hereby extended so as to be coexten- 
sive with the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, 
Ralls, Pike, Lincoln, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, 
Perry, Cape Girardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunklin, Stod- 
dard, Wayne, Bollinger, Madison, St. Francois, Washington, Franklin, Crawford, 
Iron, Reynolds, Carter, Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski, 
Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster, Christian, Taney, 
Stone, Greene, Lawrence, Barry, Newton and McDonald, as well as the city of 
St. Louis; and each judge thereof, when hereafter elected, shall be elected by the 
qualified voters of the counties and of the city under the jurisdiction of said 
court, and shall be a resident of the said territorial appellate district. 


[By Act of 1889, Montgomery county, and by Act of 1893, Audrain county are now 
included in the St. Louis Court of Appeals district. 


Sec. 2. Kansas City Court of Appeals, jurisdiction, terms, judges.—There 
is hereby established at Kansas City an appellate court, to be known as the 
Kansas City Court of Appeals, the jurisdiction of which shall be coextensive 
with all the counties in the State except those embraced in the jurisdiction of the 
St. Louis Court of Appeals. There shall be held in each year two terms of said 
Kansas City Court of Appeals, one on the first Monday of March and one on the 
first Monday of October. The Kansas City Court of Appeals shall consist of three 
judges, who shall be elected by the qualified voters of the counties under the 
jurisdiction of said court, and shall be residents of said territorial appellate 
district. 

Sec. 3. Court of Appeals, additional may be established..—The General 
Assembly shall have power by law to create one additional court of appeals, with 
a new district therefor; to change the limits of the appellate districts, and the names 
of the courts of appeals, designating the districts by numbers or otherwise; to change 
the time of holding the terms of said courts; to increase or diminish the pecuniary 
limit of the jurisdiction of the courts of appeals; to provide for the transfer of cases 
from one court of appeals to another court of appeals; to provide for the transfer of 
eases from a court of appeals to the Supreme Court, and to provide for the hearing 
and determination of such cases by the courts to which they may be transferred. 

Sec. 4. Kansas City Court of Appeals—first judges, appointment and election 
—law applicable to.—The first term of said Kansas City Court of Appeals shall 
be held on the first Monday of March in the year 1885, and the first judges thereof 
shall, upon the adoption of this amendment, be appointed by the Governor of said 
State for the term of four years each, beginning on the first day of January, 1885, 
and at the general election in the year 1888, the first election for the judges of said 
court shall be held, and the provisions of the Constitution of the State concerning the 
organization, the judges, the powers, the jurisdiction and proceedings of the St. - 
Louis Court of Appeals as herein amended, shall in all appropriate respects apply 
to the Kansas City Court of Appeals, and to such additional court of appeals as may 
be by law created. 

Sec. 5. Supreme Court, exclusive appellate jurisdiction of.—In all causes 
or proceedings reviewable by the Supreme Court, writs of error shall run from the 
Supreme Court directly to the circuit courts and to courts having the jurisdiction 
pertaining to circuit courts, and in all such causes or proceedings, appeals shall lie 
from such trial courts directly to the Supreme Court, and the Supreme Court shall 
have exclusive jurisdiction of such writs of error and appeals, and shall in all such 
cases exclusively exercise superintending control over such trial courts. 

Sec. 6. Courts of Appeals, cases may be certified to Supreme Court, when.— 
When any one of said courts of appeals shall in any cause or proceeding render 
a decision which any one of the judges therein sitting shall deem contrary to 
any previous decision of any one of said courts of appeals, or of the Supreme 
Court, the said Court of Appeals must, of its own motion, pending the same term 
and not afterward, certify and transfer said cause or proceeding and the original 
transcrpt therein to the Supreme Court, and thereupon the Supreme Court must 
rehear and determine said cause or proceeding, as in case of jurisdiction obtained 
by ordinary appellate process; and the last previous rulings of the Supreme 
Court on any question of law or equity shall, in all cases, be controlling authority 
in said courts of appeals. 

Sec. 7. Cases now pending in Supreme Court transferred to Kansas City 
Court of Appeals.—All cases which may be pending in the Supreme Court at the 
time of the adoption of this 4mendment, which have not been submitted, and 
which by its terms would come within the territorial appellate jurisdiction of 
the Kansas City Court of Appeals, shall be certified and transferred to such court 
to be heard and determined by it. 

Sec. 8. Supreme Court, superintending control of.—The Supreme Court shall 
have superintending control overthe courts of appeals by mandamus, prohibition and 
certiorari. 


ART. VI.] CONSTITUTION OF THE STATE OF MISSOURI. 45 


Sec. 9. Kansas City Court of Appeals, court-room and offices.—The State 
shall provide a suitable court-room at Kansas City, in which the Kansas City 
Court of Appeals shall hold its sessions; also a clerk’s office and furnished offices 
for the judges. 

Sec. 10. Judges of Courts of Appeals—salaries, how paid.—The judges of 
the Kansas City Court of Appeals, and of such additional court of appeals as 
may be created by law, shall each annually receive a salary of three thousand 
five hundred dollars per annum, which, together with the entire salaries of 
the judges of the St. Louis Court of Apeals, shall be paid out of the State treasury, 
as the salaries of the judges of the Supreme Court are now paid, unless other- 
wise provided by law. 

Sec. 11. Constitution, inconsistent provisions rescinded.—AI]l provisions of 
the Constitution of this State, and all.laws of this State which are inconsistent 
with this amendment, shall, so far as inconsistent, upon its adoption, be forever 
rescinded and of no effect. 

SUPREME COURT. 


{The following amendment to the Constitution increasing the number of judges 
of the Supreme Court from four to seven and creating two divisions of the court, was 
submitted to the qualified voters by joint and concurrent resolution, and was adopted 
at the general election held on the Tuesday next following the first Monday in 
November, 1890.] 

Section 1. Number of judges—divisions of court—business, how divided— 
quorum.—The Supreme Court shall consist of seven judges, and, after the first 
Monday in January, 1891, shall be divided into two divisions, as follows: One 
division to consist of four judges of the court and to be known as division number 
one, the other to consist of the remaining judges and to be known as division 
number two. The divisions shall sit separately for the hearing and disposition 
of causes and matters pertaining thereto, and shall have concurrent jurisdiction 
of all matters and causes in the Supreme Court, except that division number 
two shall have exclusive cognizance of all criminal cases pending in said court: 
Provided, That a cause therein may be transferred to the court as provided in 
section four of this amendment. The division of business of which said divisions 
have concurrent jurisdiction shall be made as the Supreme Court may determine. 
A majority of the judges of a division shall constitute a quorum thereof, and all 
orders, judgments and decrees of either division, as to causes and matters pending 
before it, shall have the force and effect of those of the court. 

Sec. 2. Appointment and election of judges—term—divisions, how con- 
stituted—chief justice—presiding judges.—Upon the adoption of this amend- 
ment, the Governor shall appoint two additional judges of the Supreme Court, 
who shall hold their offices until the first Monday in January, 1893, and at the 
general election in the year 1892 their successors shall be elected, who shall 
hold their offices for the term of ten years, as other judges of the Supreme 
Court. The two judges appointed by the Governor, together with the judge 
elected at the general election in the year 1890, shall constitute division number 
two, and the remaining judges shall constitute division number one. The 
court shall elect its chief justice and each division a presiding judge thereof. 

Sec. 3. Business divided, how—practice—opinions—original writs.—The Su- 
preme Court shall assign to each division the causes and matters to be heard by 
it, of which assignment due public notice shall be given, and all laws relating 
to practice in the Supreme Court, as well as the rules of the Supreme Court, 
shall apply to each division so far as they may be applieable thereto. The opinion 
of each division shall be in writing, and shall be filed in the causes in which 
they shall be respectively made during the term at which the cause is submitted, 
and such opinions shall be a part of the records of the Supreme Court. Each 
division shall have authority to issue the original writs and exercise the powers 
enumerated in section three of article six of the Constitution. 

Sec. 4. Case transferred to court en banc, when.—When the judges of a 
division are equally divided in opinion in a cause, or when a judge of a division 
dissents from the opinion therein, or when a federal queston is involved, the cause, 
on the application of the losing party, shall be transferred to the court for its 
decision; or when a division in which a cause is pending shall so order, the 
cause shall be transferred to the court for its decision. 

Sec. 5. Court may dispense with divisions—may re-divide.—Whenever ia 
the opinion of the Supreme Court the state of its docket with reference to the 
speedy disposition of the business of the court will justify dispensing with the divis. 
ions hereinbefore provided, the court shall dispense therewith and the court shall 
thereafter hear and determine all causes pending in it: Provided, however, That 
the court shall have the power to again divide itself into two divisions, in like 
Manner and with like power and effect as hereinbefore provided, whenever in 
the opinion of six judges thereof, entered of record, the condition of its docket 
with reference to the speedy disposition of the business of the court so require; 


46 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. VII and VIII. 


and in such division the four judges oldest in commission shall constitute division 
number one, and the remaining judges division number two. 

Sec. 6. Repealing clause.—All provisions of the Constitution of the State 
and all laws thereof not consistent with this amendment, shall, upon its adoption, 
be forever rescinded and of no effect. 


ARTICLE VII. 
IMPEACHMENTS. 


Section 1. Officers liable to.—The Governor, Lieutenant-Governor, Secre- 
tary of State, State Auditor, State Treasurer, Attorney-General, Superintendent 
of Public Schools and Judges of the Supreme, Circuit and Criminal Courts, and 
of the St. Louis Court of Appeals, shall be liable to impeachment for high crimes 
or misdemeanors, and for misconduct, habits of drunkenness, or oppression in 
office. 

[See Const. 1865, Art. 7, Sec. 1.] 


Sec. 2. House impeaches, Senate tries—proceedings—punishment.—T he 
House of Representatives shall have the sole power of impeachment. All im- 
peachments shall be tried by the Senate, and, when sitting for that purpose, the 
Senators shall be sworn to do justice according to law and evidence. When the 
Governor of the State is on trial, the Chief Justice of the Supreme Court shall 
preside. No person shall be convicted without the concurrence of two-thirds 
of the Senators present. But judgment in such cases shall not extend any further 
than removal from office, and disqualification to hold any office of honor, trust 
or profit under this State. The party, whether convicted or acquitted, shall, 
nevertheless, be liable to prosecution, trial, judgment and punishment according 
to law. 

[Const. 1865, Art. 7, Secs. 1 and 2. Last sentence is new.] 


ARTICLE VII. 
SUFFRAGE AND ELECTIONS. 


Section 1. General elections, when held.—The general election shall be held 
biennially on the Tuesday next following the first Monday in November. The first 
general election under this Constitution shall be held on that day, in the year 
one thousand eight hundred and seventy-six; but the 'General Assembly may, by 
law, fix a different day—two-thirds of all the members of each house consenting 
thereto. 

[Same-.in substance as Const. 1865, Art. 2, Sec. 2.] 

Sec. 2. Electors, qualifications of.—Every male citizen of the United States, 
and every male person of foreign birth who may have declared his intention to 
become a citizen of the United States according to law, not less than one year nor 
more than five years before he offers to vote, who is over the age of twenty-one 
years, possessing the following qualifications, shall be entitled to vote at all elections 
by the people: 

First, He shall have resided in the State one year immediately preceding the 
election at which he offers to vote. 


Second, He shall have resided in the county, city or town where he shall offer to 
vote at least sixty days immediately preceding the election. 

[Const. 1865, Art. 2, Sec. 18.] 

Sec. 8. Elections, how conducted and contested.—All1 elections by the people 
shall be by ballot; every ballot voted shall be numbered in the order in which it 
shall be received; and the number recorded by the election officers on the list of 
voters, opposite the name of the voter who presents the ballot. The election officers 
shall be sworn or affirmed not to disclose how any voter shall have voted, unless 
required to do as witnesses in a judicial proceeding: Provided, That in all cases 
of contested elections the ballots cast may be counted, compared with the list of 
voters, and examined under such safeguards and regulations. as may be prescribed 
by law: 

[First provision same as Const. 1865, Art. 2, Sec. 1. Remainder new. | 

Sec. 4. Voters free from arrest, when.—Voters shall, in all cases except 
treason, felony or breach of the peace, be privileged from arrest during their attend- 
ance at elections, and in going to and returning therefrom. 

[Same in substance as Const. 1865, Art. 2, Sec. 22.] 

Sec. 5. Registration in cities and counties..—The General Assembly shall pro- 
vide, by law, for the registration of all voters in cities and counties having a popula- 
tion of more than one hundred thousand inhabitants, and may provide for such reg- 
istration in cities having a population exceeding twenty-five thousand inhabitants 
and not exceeding one hundred thousand, but not otherwise. 

[See Const. 1865, Art. 2, Sec. 4.] 


ART. ViIL] CONSTITUTION OF THE STATE OF MISSOURI. 47 


Sec. 6. Elections viva voce, when.—A]l1 elections, by persons in a representa- 
tive capacity, shall be viva voce. 

[New section. ] 

Sec. 7. Residence as voter not gained or lost, when.—For the purpose of 
voting, no person shall be deemed to have gained a residence by reason of his pres- 
ence, or lost it by reason of his absence while employed in the service, either civil or 
military, of this State, or of the United States, nor while engaged in the navigation 
of the waters of the State or of the United States, or of the high seas, nor while a 
student of any institution of learning, nor while kept in a poor house or other asylum 
at public expense, nor while confined in public prison. 

[See Const. 1865, Art. 2, Sec. 20.] 

Sec. 8. Who disqualified as voters.—No person, while kept at any poor-house 
or other asylum, at public expense, nor while confined in any public prison, shall be 
entitled to vote at any election under the laws of this State. 

[New section. ] 

Sec. 9. Contested elections, trial of, etc.—The trial and determination of con- 
tested elections of all public officers, whether State, judicial, municipal or local, ex- 
cept Governor and Lieutenant-Governor, shall be by the courts of law, or by one or 
more of the judges threeof. The General Assembly shall, by general law, designate 
the court or judge by whom the several classes of election contests shall be tried, 
and regulate the manner of trial and all matters incident thereto; but no such law, 
assigning jurisdiction or regulating its exercises, shall apply to any contest arising 
out of any election held before said law shall take effect. 

[See Const. 1865, Art. 2, Secs. 19 and 24.] 

Sec. 10. Criminals may be disqualified.—The General Assembly may enact 
laws excluding from the right of voting all persons convicted of felony or other in- 
famous crime, or misdemeanor connected with the exercise of the right of suffrage. 

[New section. See Const. 1865, Art. 2, Sec. 26.] 

Sec. 11. Officers, soldiers and marines disqualified.—No officer, soldier or ma- 
rine in the regular army or navy of the United pahoe shall be entitled to vote at 
any election in this State. 

l@onstwlso5, Art. 2, Sec. 162] 


Sec. 12. Aliens not to be appointed or elected.—No person shall be elected 
or appointed to any office in this State, civil or military, who is not a citizen of the 
United States, and who shall not have resided in this State one year next preceding 
his election or appointment. 

[New section. ] 


ARTICLE IX. 


COUNTIES, CITIES AND TOWNS. 


Section 1. Counties now existing recognized.—The several counties of this 
State, as they now exist, are hereby recognized as legal subdivisions of the State. (7) 

[New section. ] 

Sec. 2. County seats, removal of, when submitted.—The General Assembly 
shall have no power to remove the county seat of any county, but the removal of 
county seats shall be provided for by general law; and no county seat shall be re- 
moved unless two-thirds of the qualified voters of the county, voting on the proposi- 
tion at a general election, vote therefor; and no such proposition shall be submitted 
oftener than once in five years. All additions to a town which is a county seat 
shall be included, considered and regarded as part of the county seat. 

[Const. 1865, Art. 4, Sec. 30, modified. ] 

Sec. 3. New counties, divisions of counties by vote, etc.—The General Assem- 
bly shall have no power to establish any new county with a territory of less than 
four hundred and ten square miles, nor to reduce any county now established to a 
less area or less population than required for a ratio of representation existing at the 
time; but when a new county is formed having a population less than a ratio of rep- 
resentation, it shall be attached for representative purposes to the county from which 
the greatest amount of territory is taken until such ratio shall be obtained. No 
county shall be divided or have any portion stricken therefrom without submitting 
the question to a vote of the people of the county, nor unless a majority of all the 
qualified voters of the county or counties thus affected, voting on the question, shall 
vote therefor; nor shall any new county be established, any line of which shall run 
within ten miles of the then existing county seat of any county. In all cases of the 
establishment of any new county, the new county shall be held for and obliged to 
pay its ratable proportion of all the liabilities then existing of the county or counties 
from which said new county shall be formed. 

[Const. 1865, Art. 4, Sec. 31, modified.] 

Sec. 4. Counties, part stricken off, how.—No part of the territory of any 
county shall be stricken off and added to an adjoining county without submitting 


(j) City of St. Louis, see: State ex rel. vs. Finn, 4 Mo. app, 347; as to St. Louis 
being a political sub- division of the State, see note to Charter, Art. XVI, Sec. 


48 CONSTITUTION OF THE STATE OF MISSOURI. PARTI 


the question to the qualified voters of the counties immediately interested, nor un- 
less a majority of all the qualified voters of the counties thus affected, voting on the 
question, shall vote therefor. When any part of a county is stricken off and attached 
to another county, the part stricken off shall be holden for and obliged to pay its 
proportion of all the liabilities then existing of the county from which it is taken. 

[New section. ] 

Sec. 5. New county, liability of—When any new county, formed from con- 
tiguous territory taken from older counties, or when any county to which territory 
shall be added taken from an adjoining county shall fail to pay the proportion of in- 
debtedness of such territory to the county or counties from which it is taken, then it 
may be lawful for any county from which such territory has been taken to levy and 
collect, by taxation, the due proportion of indebtedness of such territory, in the same 
manner as if the territory had not been stricken off. 

[New section. ] 

Sec. 6. Municipalities not to subscribe to capital stock of corporations.—No 
county, township, city or other municipality shall hereafter become a subscriber to 
the capital stock of any railroad or other corporation or association, or make appro- 
priation or donation, or loan its credit to or in aid of any such corporation or asso- 
ciation, or to or in aid of any college or institution of learning or other institution, 
whether created for or to be controlled by the State or others. All authority here- 
tofore conferred for any of the purposes aforesaid by the General Assembly, or by 
the charter of any corporation, is hereby repealed: Provided, however, That noth- 
ing in this Constitution contained shall affect the right of any such municipality to 
make such subscription, where the same has been authorized under existing laws by 
a vote of the people of such municipality prior to its adoption, or to prevent the 
issue of renewal bonds, or the use of such other means as are or may be prescribed 
by law for the liquidation or payment of such subscription, or of any existing in- 
debtedness. 

[See Const. 1865, Art. 11, Sec. 14.] 

See. 7. Cities and towns, organizations and classification.—The General As- 
sembly shall provide, by general laws, for the organization and classification of cities 
and towns. The number of such classes shall not exceed four; and the power of 
each class shall be defined by general laws,so that all such municipal corporations of 
the same class shall possess the same powers and be subject to the same restric- 
tions. The General Assembly shall also make provisions, by general law, whereby 
any eity, town or village, existing by virtue of any special or local law, may elect to 
become subject to, and be governed by, the general laws relating to such corpora- 
tions. 

[seevConst, fs60,0 ArtsisueseGr onl 

Sec. 8. Township organization—county justices.—The General Assembly may 
provide, by general law, for township organization, under which any county may 
organize whenever a majority of the legal voters of such county, voting upon that 
proposition, at any general election, shall so determine; and whenever any county 
shall adopt township organization, so much of this Constitution as provides for the 
management of county affairs, and the assessment and collection of the revenue by 
county officers, in conflict with such general law for township organization, may be 
dispensed with, and the business of said county, and the local concerns of the sev- 
eral townships therein, may be transacted in such manner as may be prescribed by 
law: Provided, That the justices of the county court in such cases shall not exceed 
three in number. 

[New section. Section, as amended, adopted in 1902.] 

Sec. 9. Township organization discontinued, how.—In any county which shall 
have adopted “township organization,’ the question of continuing the same may be 
submitted to a vote of the electors of such county at a general election, in the man- 
ner that shall be provided by law; and if a majority of all the votes cast upon that 
question shall be against township organization, it shall cease in said county; and 
all laws in force in relation to counties not having township organization shall im- 
mediately take effect and be in force in such county. 

[New section. ] 

Sec. 10. Sheriffs and Coroners.—There shall be elected by the qualified vot- 
ers in each county on the first Tuesday next following the first Monday in Novem- 
ber, A. D., 1908, and thereafter every four years, a sheriff and coroner. They shall 
serve for four years and until their successors be duly elected and qualified, unless 
sooner removed for malfeasance in office. Before entering on the duties of their 
office, they shall give security in the amount and in such manner as shall be pre- 
scribed by law and shall be eligible only four years in any one period. 

Whenever a county shall be hereafter established, the governor shall appoint a 
sheriff and coroner therein, who shall continue in office until the next succeeding 
general election and until their successors shall be duly elected and qualified. 

[As amended, adopted in 1906.] (&) 5 


(k) See note to Charter Art. IV Sec. 1; Scheme, Sec. 5. 


ART. IX.] CONSTITUTION OF THE STATE OF MISSOURI. 49 


Sec. 11. Sheriffs or coroner—vacancy in office.—Whenever a vacancy shall 
happen in the office of sheriff or coroner, the same shall be filled by the county court. 
If such vacancy happen in the office of sheriff more than nine months prior to the 
time of holding a general election, such county court shall immediately order a 
special election to fill the same, and the person by it appointed shall hold office until 
the person chosen at such election shall be duly qualified; otherwise, the person ap- 
pointed by such county court shall hold office until the person chosen at such general 
election shall be duly qualified. If any vacancy happen in the office of coroner, the 
same shall be filled for the remainder of the term by such county court. No person 
elected or appointed to fill a vacancy in either of said offices shall thereby be ren- 
dered ineligible for the next succeeding term. 

[Const. 1865, Art. 5, Sec. 23.] 

Sec. 12. County officers—fees of.—The General Assembly shall, by a law 
uniform in its operation, provide for and regulate the fees of all county officers, and 
for this purpose may classify the counties by population. 

’ [New section. ] 

Sec. 13. Fees of county or city officers, limit—quarterly returns.—The fees 
of no executive or ministerial officer of any county or municipality, exclusive of the 
salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand 
dollars for any one year. Every such officer shall make return, quarterly, to the 
county court of all fees by him received, and of the salaries by him actually paid to 
his deputies or assistants, stating the same in detail, and verifying the same by his 
affidavit; and for any statement or omission in such return, contrary to truth, such 
officer shall be liable to the penalties of willful and corrupt perjury. 

[New section. ] 

Sec. 14. Extra officers, duties and terms.—Except as otherwise directed by 
this Constitution, the General Assembly shall provide for the election or appointment 
of such other county, township and municipal officers as public convenience may re- 
quire; and their terms of office and duties shall be prescribed by law; but no term of 
office shall exceed four years. 


{New section. ] 
Sec. 15. City and county governments, consolidation of.—In all counties hav- 


ing a city therein containing over one hundred thousand inhabitants, the city and 
county government thereof may be consolidated in such manner as may be provided 
by law. 

[New section. ] 

Sec. 16. Large cities may frame their own charters, how.—Any city having 
a population of more than one hundred thousand inhabitants may frame a charter for 
its own government, consistent with and subject to the Constitution and laws of this 
State, by causing a board of thirteen freeholders, who shall have been for at least 
five years qualified voters thereof, to be elected by the qualified voters of such city 
at any general or special election; which board shall, within ninety days after such 
election, return to the chief magistrate of such city a draft of such charter, signed by 
the members of such board or a majority of them. Within thirty days thereafter, 
such proposed charter shall be submitted to the qualified voters of such city, at a 
general or special election, and if four-sevenths of such qualified voters voting thereat 
shall ratify the same, it shall, at the end of thirty days thereafter, become the charter 
of such city, and supersede any existing charter and amendments thereof. A dupli- 
cate certificate shall be made, setting forth the charter proposed and its ratification, 
which shall be signed by the chief magistrate of such city and authenticated by its 
corporate seal. One of such certificates shall be deposited in the office of the Secre- 
tary of State, and the other, after being recorded in the office of the recorder of 
deeds for the county in which such city lies, shall be deposited among the archives 
of-such city, and all courts shall take judicial notice thereof. Such charter, so 
adopted, may be amended by a proposal therefor, made by the law-making authori- 
ties of such city, published for at least thirty days in three newspapers of largest 
circulation in such city, one of which shall be a newspaper printed in the German 
language, and accepted by three-fifths of the qualified voters of such city, voting at 
a general or special election, and not otherwise; but such charter shall always be in 
harmony with and subject to the Constitution and laws of the State. 

[New section. ] 

Sec. 17. Provisions of such charters.—It shall be a feature of all such char- 
ters that they shall provide, among other things, for a mayor or chief magistrate, and 
two houses of legislation, one of which at least shall be elected by general ticket; 
and in submitting any such charter or amendment thereto to the qualified voters of 
Such city, any alternative section or article may be presented for the choice of the 
voters, and may be voted on separately, and accepted or rejected separately, without 
prejudice to other articles or sections of the charter or any amendment thereto. 

[New section. ] 

Sec. 18. No person to be State and municipal officer, etc.—In cities or 
counties having more than two hundred thousand inhabitants, no person shall, at the 


50 CONSTITUTION OF THE STATE OF MISSOURI. (ART. LX. 


same time, be a State officer and an officer of any county, city or other municipality; 
and no person shall, at the same time, fill two municipal offices, either in the same 
or different municipalities; but this section shall not apply to notaries public, justices 
of the peace or officers of the militia. (qa) 

[New section. ] 

Sec. 19. Municipal indebtedness, payment of.—The corporate authorities of 
any county, city, or other municipal subdivision of this State, having more than two 
hundred thousand inhabitants, which has already exceeded the limit of indebtedness 
prescribed in section twelve of article X of this Constitution, may, in anticipation of 
the customary annual revenue thereof, appropriate, during any fiscal year, toward the 
general governmental expenses thereof, a sum not exceeding seven-eighths of the 
entire revenue applicable to general governmental purposes (exclusive of the pay- 
ment of the bonded debt of such county, city or municipality) that was actually raised 
by taxation alone during the preceding fiscal year; but until such excess of indebted- 
ness cease, no further bonded debt shall be incurred, except for the renewal of other 
bonds. (0b) 


[New section. ] 
GIINYSa © aS eee @) iiss 


Sec. 20. City of St. Louis, extension of limits, adoption of charter.—The city 
of St. Louis may extend its limits so as to embrace the parks now without its bounda- 
ries, and other convenient and contiguous territory, and frame a charter for the gov- 
ernment of the city thus enlarged, upon the following condition, that is to say: The 
council of the city and county court of the county of St. Louis shall, at the request 
of the mayor of the city of St. Louis, meet in joint session and order an election, to 
be held as provided for general elections, by the qualified voters of the city and 
county, of a board of thirteen freeholders of such city or county, whose duty shall be 
to propose a scheme for the enlargement and definition of the boundaries of the city, 
the reorganization of the government of the county, the adjustment of the relations 
between the city thus enlarged and the residue of St. Louis county, and the Zovern- 
ment of the city thus enlarged, by a charter in harmony with and subject to the 
Constitution and laws of Missouri, which shall, among other things, provide for a 
chief executive and two houses of legislation, one of which shall be elected by general 
ticket, which scheme and charter shall be signed in duplicate by said board or a 
majority of them, and one of them returned to the mayor of the city and the other 
to the presiding justice of the county court within ninety days after the election of 
such board. Within thirty days thereafter the city council and county court shall 
submit such scheme to the qualified voters of the whole county, and such charter to 
the qualified voters of the city so enlarged, at an election to be held not less than 
twenty nor more than thirty days after the order therefor; and if a majority of such 
qualified voters, voting at such election, shall ratify such scheme and charter, then 
such scheme shall become the organic law of the county and city, and such charter 
the organic law of the city, and at the end of sixty days thereafter shall take the 
place of and supersede the charter of St. Louis, and all amendments thereof, and all 
special laws relating to St. Louis county inconsistent with such scheme. (c) 

[New section. ] 

Sec. 21. Scheme and charter, how authenticated—judicial notice.—A copy 
of such scheme and charter, with a certificate thereto appended signed by the mayor 
and authenticated by the seal of the city, and also signed by the presiding justice 
of the county court and authenticated by the seal of the county, setting forth the 
submission of such scheme and charter to the qualified voters of such county and 
city, and its ratification by them, shall be made in duplicate, one of which shall be 
deposited in the office of the Secretary of State, and the other, after being recorded 
in the office of the recorder of deeds of St. Louis county, shall be deposited among the 
archives of the city, and thereafter all courts shall take judicial notice thereof. (d) 

[New section.] | 

Sec. 22. Charter, how amended.—tThe charter so ratified may be amended 
by proposals therefor submitted by the lawmaking authorities of the city to the 
qualified voters thereof, at a general or special election held at least sixty days after 
the publication of such proposals and accepted by three-fifths of the qualified voters 
voting for or against each of said amendments so submitted; and the lawmaking 
authorities of such city may order an election by the qualified voters of the city of 
a board of thirteen freeholders of such city to prepare a new charter for such city, 
which said charter shall be in harmony with and subject to the constitution and laws 


(a) See note (and authorities thsre cited) to Sec. 10 of Art. IV of the Charter as 
to qualifications of city officers. 

(bd) See note to Charter, Art. IIT. Sec. 26, clause 1. 

(c) For authorities and comments on the bearing and effect of this provision of 
the constitution (as well as the following sections) see note hereinafter, introductory to 
the Charter (note under “General Considerations Respecting the Charter.’’) 

(d) See Walsh vs. Railroad, 102 Mo. 582, 589; St. Louis vs. Lang, 131 Mo. 412, 420; 
State ex rel vs. Sutton, 3 Mo. App. 388; State ex rel, vs. Finn, 4 Mo. App. 348. For further 
authorities and discussion see note introductory to the charter. 


ARTS. IX, X.] CONSTITUTION OF THE STATE OF MISSOURI. 5l 


of the state, and shall provide, among other things, for a chief executive and at least 
one house of legislation to be elected by a general ticket. Said revised charter shall 
be submitted to the qualified voters of such city at an election to be held not less 
than twenty nor more than thirty days after the order therefor, and if a majority 
of such qualified voters voting at such election ratify such charter, then said charter 
shall become the organic law of such city, and sixty days thereafter shall take effect 
and supersede the charter of such city and all special laws inconsistent there- 
with. e) 

ar section. Section, as amended, adopted in 1902.] 

Sec. 23. Charter in harmony with constitution and laws—various provisions 
under.—Such charter and amendments shall always be in harmony with and sub- 
ject to the Constitution and laws of Missouri, except only that provision may be made 
for the graduation of the rate of taxation for city purposes in the portions of the 
city which are added thereto by the proposed enlargement of its boundaries. In the 
adjustment of the relations between city and county, the city shall take upon itself 
the entire park tax; and in consideration of the city becoming the proprietor of all 
the county buildings and property within its enlarged limits, it shall assume the 
whole of the existing county debt, and thereafter the city and county of St. Louis 
shall be independent of each other. The city shall be exempted from all county taxa- 
tion. The judges of the county court shall be elected by the qualified voters outside 
of the city. The city, as enlarged, shall be entitled to the same representation in the 
General Assembly, collect the State revenue and perform all other functions in rela- 
tion to the State, in the same manner, as if it were a county as in this Constitution 
defined; and the residue of the county shall remain a legal county of the State of 
Missouri, under the name of the county of St. Louis. Until the next apportionment 
for Senators and Representatives in the General Assembly, the city shall have six Sen- 
ators and fifteen Representatives, and the county one Senator and two Representa- 
tives, the same being the number of Senators and Representatives to which the county 
of St. Louis, as now organized, is entitled under sections eight and eleven of article IV 
of this Constitution. (f) 

[New section. ] 

Sec. 24. Courts of St. Louis, city and county.—The county and city of St. 
Louis, as now existing, shall continue to constitute the Highth judicial circuit, and 
the jurisdiction of all courts of record, except the county court, shall continue until 
otherwise provided by law. (g) 

[New section. By Act of 1877, St. Louis county was taken out of the Eighth circuit. ] 

Sec. 25. St. Louis subordinate as other cities and counties.—Notwithstanding 
the provisions of this article, the General Assembly shall have the same power over 
the city and county of St. Louis that it has over other cities and counties of this 
State. (h) 

[New section.] 


ARTICLE X. 
REVENUE AND TAXATION.* 


Section 1. Taxing power, how exercised.—The taxing power may be exercised 
by the General Assembly for State purposes, and by counties and other municipal 
corporations, under authority granted to them by the General Assembly, for county 
and other corporate purposes. 

[New section. ] 

Sec. 2. Power to tax corporations not to be surrendered.—The power to tax 
corporations and corporate property shall not be surrendered or suspended by act of 
the General Assembly. ’ 

[New section. ] 

Sec. 3. Taxes for public purposes must be uniform.—Taxes may be levied 
and collected for public purposes only. They shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying the tax, and all taxes 
shall be levied and collected by general laws. 

[New section. ] 

Sec. 4. Taxes in proportion to value.—aAll property subject to taxation shall 
be taxed in proportion to its value. 

[Const. 1865, Art. 1, Sec. 30.] 


(e) See note to Charter, Art. XVI, Sec. 19. 
un, f) . For full discussion and _ reference to authorities upon_this section see note 
( General Considerations on the Charter”) introductory to the Charter. As to power 
of taxation see note and cases to Art. V, Sec. 1 of the Charter. 

(g) See State ex rel. vs. Walsh, 69 Mo. 408, 411; State ex rel. vs. Laughlin, 75 
Mo. 147. See also in connection herewith note introductory to charter, (paragraphs 
Transfer of county functions” and ‘In how far the city is to be treated as a county.’’) 

(h) State ex rel. vs. Ry. Co., 151 Mo. 162, 182; State ex rel. vs. Walsh, 69 Mo. 408, 
411; State ex rel. vs. Walton, 69 Mo. 556. And see further discussion and cases cited in 
the note introductory to charter. 


*Amendments proposed to be submitted at election in 1908. (Laws 1907, p. 460.) 


52 CONSTITUTION OF THE STATE OF MISSOURI. [ART. X. 


Sec. 5. Railway corporations, taxed for what purposes.—All railroad corpora- 
tions in this State, or doing business therein, shall be subject to taxation for State, 
county, school, municipal and other purposes, on the real and personal property 
owned or used by them, and on their gross earnings, their net earnings, their fran- 
chises and their capital stock. 

{New section. ] 

Sec. 6. Property exempt from taxation.—The property, real and personal, of 
the State, counties and other municipal corporations, and cemeteries, shall be exempt 
from taxation. Lots in incorporated cities or towns, or within one mile of the limits 
of any such city or town, to the extent of one acre, and lots one mile or more distant 
from such cities or towns, to the extent of five acres, with the buildings thereon, 
may be exempted from taxation, when the same are used exclusively for religious 
worship, for schools, or for purposes purely charitable; also, such property, real or 
personal, as may be used exclusively for agricultural or horticultural societies: Pro- 
vided, That such exemptions shall be only by general law. 

[The Const. 1865, exempted property belonging to the U. S., the State, counties 
and Mata testi corporations and public school property. Art. XI, Sec. 16. See Art. XIV, 
Sec. 1. 

Sec. 7. Other exemptions void.—All laws exempting property from taxation, 
other than the property above enumerated, shall be void. 

[New section. ] 

Sec. 8. Rate for State purposes.—The State tax on property, exclusive of the 
tax necessary to pay the bonded debt of the State, shall not exceed twenty cents on 
the hundred dollars valuation; and whenever the taxable property of the State shall 
amount to nine hundred million dollars, the rate shall not exceed fifteen cents. 

[New section. Rate reduced to 15 cents in 1895.] 

Sec. 9. Liability of municipalities—no commutation.—No county, city, town 
or other municipal corporation, nor the inhabitants thereof, nor the property therein, 
shall be released or discharged from their or its proportionate share of taxes to be 
levied for State purposes, nor shall commutation for such taxes be authorized in any 
form whatsoever. 

[New section. ] 


Sec. 10. Genéral Assembly shall not tax municipalities, when.—The General 
Assembly shall not impose taxes upon counties, cities, towns or other municipal cor- 
porations or upon the inhabitants or property thereof, for county, city, town or other 
municipal purposes, but may, by general laws, vest in the corporate authorities thereof 
the power to assess and collect taxes for such purposes. 

[New section. ] 


Sec. 11. Rates for local purposes—limits—how increased for schools and 
erecting public buildings.—Taxes for county, city, town and school purposes may 
be levied on all subjects and objects of taxation; but the valuation of property there- 
for shall not exceed the valuation of the same property in such town, city or school 
district for State and county purposes. For county purposes the annual rate on 
property, in counties having six million dollars or less, shall not, in the aggregate, 
exceed fifty cents on the hundred dollars valuation; in counties having six million 
dollars and under ten million dollars, said rate shall not exceed forty cents on the 
hundred dollars valuation; in counties having ten million dollars and under thirty 
million dollars, said rate shall not exceed fifty cents on the hundred dollars valua- 
tion; and in counties having thirty million dollars or more, said rate shall not exceed 
thirty-five cents on the hundred dollars valuation. For city and town purposes the 
annual rate on property in cities and towns having thirty thousand inhabitants or 
more shall not, in the aggregate, exceed one hundred cents on the hundred dollars 
valuation; in cities and towns having less than thirty thousand and over ten thousand 
inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation; 
in cities and towns having less than ten thousand and more than one thousand in- 
habitants, said rate shall not exceed fifty cents on the hundred dollars valuation; 
and in towns having one thousand inhabitants or less, said rate shall not exceed 
twenty-five cents on the hundred dollars valuation. For school purposes in districts 
composed of cities which have one hundred thousand inhabitants or more, the annual 
rate on property shall not exceed sixty cents on the hundred dollars valuation, and 
in other districts forty cents on the hundred dollars valuation: Provided, The afore- 
said annual rates for school purposes may be increased, in districts formed of cities 
and towns to an amount not to exceed one dollar on the hundred dollars valuation, 
and in other districts to an amount not to exceed sixty-five cents on the hundred 
dollars valuation, on the condition that a majority of the voters who are taxpayers, 
voting at an election held to decide the question, vote for said increase. For the pur- 
pose of erecting public buildings in counties, cities or school districts, the rates of 
taxation herein limited may be increased when the rate of such increase and the pur- 
pose for which it is intended shall have been submitted to a vote of the people, and 
two-thirds of the qualified voters of such county, city, or school district, voting at 
such election, shall vote therefor. The rate herein allowed to each county shall be 


ART. X.] CONSTITUTION OF THE STATE OF MISSOURI. 53 


ascertained by the amount of taxable property therein, according to the last assess- 
ment for State and county purposes, and the rate allowed to each city or town by 
the number of inhabitants, according to the last census taken under the authority of 
the State, or of the United States; said restrictions as to rates shall apply to taxes of 
every kind and description, whether general or special, except taxes to pay valid 
indebtedness now existing, or bonds which may be issued in renewal of such indebt- 
edness: Provided, That the city of St. Louis may levy for municipal purposes, in 
addition to the municipal rate of taxation above provided, a rate not exceeding the 
rate which would be allowed for county purposes if said city were part of a 
county. (i) : 

[New section. Section as amended (2 amendments) adopted in 1902.] 

Sec. lla. Special road tax levy authorized.—In addition to taxes authorized 
to be levied for county purposes under and by virtue of section eleven, article 10 of 
the Constitution of this State, the county court in the several counties of this State 
not under township organization, and the township board of directors in the several 
counties under township organization, may in their discretion, levy and collect a 
special tax not exceeding fifteen cents on each one hundred dollars valuation, to be 
used for road and bridge purposes, but for no other purpose whatever; and the power 
hereby given said county courts and township boards is declared to be a discretionary 
power. This constitutional amendment shall not apply to the cities of St. Louis, 
Kansas City and St. JoSeph. (j) 

[New section; adopted in 1900.] 

Sec. 12. Municipal indebtedness, limit of.—No county, city, town, township, 
school district or other political corporation or subdivision of the State, shall be al- 
lowed to become indebted in any manner or for any purpose to an amount exceeding 
in any year the income and revenue provided for such year, without the assent of 
two-thirds of the voters thereof voting at an election to be held for that purpose; 
nor in cases requiring such assent shall any indebtedness be allowed to be incurred 
to an amount including existing indebtedness, in the aggregate exceeding five per 
centum on the value of the taxable property therein, to be ascertained by the assess- 
ment next before the last assessment for State and county purposes, previous to the 
incurring of such indebtedness: Provided, That with such assent any county may be 
allowed to become indebted to a larger amount for the erection of a court house or 
jail, or for the grading, constructing, paving or maintaining of paved, graveled, ma- 
cadamized or rock roads and necessary bridges and culverts therein; and provided, 
further, That any county, city, town, township, school district or other political cor- 
poration or subdivision of the State, incurring any indebtedness, requiring the assent 
of the voters as aforesaid, shall, before or at the time of doing so, provide for the col- 
lection of an annual tax sufficient to pay the interest on such indebtedness as it falls 
due, and also to constitute a sinking fund for payment of the principal thereof, within 
twenty years from the time of contracting the same: Provided, further, That the 
provisions of this section shall not apply to counties having cities that now have or 
which may hereafter have, one hundred thousand or more inhabitants; nor to cities 
that now have or may hereafter have over three hundred thousand inhabitants; 
[Provided, That in the city of St. Louis the amount of bonds now aggregating $6,111,0v0 
that being the amount assumed by said city in the scheme of separation from the 
county of St. Louis, and the sum of $5,808,000, heretofore, prior to January 1, 1901, 
expended in the construction of waterworks for the city of St. Louis,‘and any bonds 
which may be hereafter issued by said city in the construction and improvement of 
waterworks, the payment of the interest whereon and the principal whereof shall be 
provided from the revenue of said waterworks; that is to say, the amount of said 
bonds which shall be outstanding at any time shall not be included in the computa- 
tion of the existing bonded indebtedness in determining the amount of bonds author- 
ized to be issued by said city with the assent of two-thirds of the voters under the 
provisions of this article, but said city shall be authorized at any time to issue bonds 
with the assent aforesaid, to an amount including the outstanding indebtedness other 
than that above named, to the amount of five per cent. of the value of the taxable 
property in said city, to be ascertained as above provided, and said city shall have 
power, with such assent of the voters, to issue bonds for the construction and im- 
provement of waterworks, the interest whereon and the principal whereof shall be 
provided for from the income of said waterworks. Said city shall establish a sinking 
fund for the payment of the bonds so authorized according to the time fixed for the 
maturity of the same: Provided, further, that in the city of Kansas City, the amount 
of bonds issued by said city, bearing date July 1, 1895, for acquiring waterworks and 
all bonds hereafter issued in renewal of said bonds or any portion thereof shall not 
be included in the computation of the existing bonded indebtedness of said city in 


(Z) See note to Art. V, Sec. 1 of the Charter and to Art. III, Sec. 26, clause 1 of the 
Charter. 
“ 


J) This section is void, because in conflict with the 14th amendment of the U. 
S. Constitution: State ex rel. vs. Railway, 195 Mo. 228 


. 


54 CONSTITUTION OF THE STATE OF MISSOURL (ATT yen 


determining the amount of bonds authorized to be issued by said city, with the assent 
of two-thirds of the voters under the provisions of this article, but said city shall be 
authorized at any time to issue bonds with the assent aforesaid to an amount includ- 
ing outstanding indebtedness, other than that above named, to the amount of 
five per centum of the value of the taxable property in said city to be ascertained 
as above specified: And provided further, That the corporate authorities of the city 
of St. Louis are hereby authorized to issue interest bearing bonds of said city in the 
amount of five million dollars, at a rate of interest not to exceed four per cent. per 
annum, the principal payable within thirty years from the date of their issue, and the 
proceeds thereof shall be paid to the corporation organized for the celebration of the 
Louisiana Purchase Centennial in said city, to be used by said corporation for said 
celebration, in holding a World’s Fair or Exposition in said city. And said corporate 
authorities of St. Louis shall be repaid as large a proportionate amount of the aid 
given by them as shall be repaid to the stockholders of said corporation on the sum 
subscribed and paid by them, and any surplus remaining from the assets of said cor- 
poration after said stockholders and said city shall have been paid in full, shall be 
divided between said stockholders and said city in proportion to the aggregate amount 
of said stock so paid in and the amount so loaned by said city; and any amount 
so received by said city from said corporation shall be paid into the sinking fund of 
said city for the redemption of its outstanding bonds: Provided, That if at the elec- 
tion for the adoption of this amendment to the Constitution a majority of we votes 
cast within the limits of said city of St. Louis voting for and against this amend- 
ment, shall be against its adoption, then no bonds shall be issued under this amend- 
ment: And provided, further, That no such indebtedness so created shall be in any 
part thereof paid by the State or from any State revenue, tax or fund, but the same 
shall be paid by the city of St. Louis alone.] (k) 

[New section, 1875. Section was amended in 1900, again in 1902 and again in 1906. ] 

Sec. 12a. Id. For waterworks, etc., in city of 30,000 and not less than 2,000 
—Any city in this State containing not more than thirty thousand (30,000) nor less 
than two thousand (2,000) inhabitants, may, with the assent of two-thirds of the 
voters thereof voting at an election to be held for that purpose be allowed to become 
indebted in a larger amount than specified in section twelve of article ten (X) of the 
Constitution of this State, not exceeding an additional five (5) per centum on the 
value of the taxable property therein, for the purpose of purchasing or constructing 
waterworks, electric or other light plants, to be owned exclusively by the city so pur- 
chasing or constructing the same: Provided, That any such city incurring any such 
indebtedness requiring the assent of the voters as aforesaid, shall have the power to 
provide for, and, before or at the time of incurring such indebtedness, shall provide 
for the collection of an annual tax in addition to the other taxes provided for by this 
Constitution; sufficient to pay the interest on such indebtedness as it falls due, and 
also to constitute a sinking fund for the payment of the principal thereof, within 
twenty years from the time of contracting the same, any provision in this Constitu- 
tion to the contrary notwithstanding. (1) 

[Section adopted in 1902.] 

Sec. 13. Private property not to be sold for corporate debt.—The private 
property shall not be taken or sold for the payment of the corporate debt of a 
municipal corporation. 

[New section. ] 

Sec. 14. Ordinance 1865, abolished—payment of State debt.—The tax au- 
thorized by the sixth section of the ordinance adopted June sixth, one thousand eight 
hundred and sixty-five, is hereby abolished, and hereafter there shall be levied and 
collected an annual tax sufficient to pay the accruing interest upon the bonded debt 
of the State, and to reduce the principal thereof each year by a sum not less than two 
hundred and fifty thousand dollars; the proceeds of which tax shall be paid into the 
State treasury, and appropriated and paid out for the purposes expressed in the first 
and second subdivisions of section forty-three of Article IV of this Constitution. The 
funds and resources now in the State interest and State sinking funds shall be ap- 
propriated to the same purposes; and whenever said bonded debt is extinguished, or a 


sum sufficient therefor has been raised, the tax provided for in this section shall 
cease to be assessed. 
[New section. ] 


(k) See note to Charter, Art. III, Sec. 26, clause 1, and notes to Art. V. Sinking 
fund to pay city bonds, see Charter Art. XIV. It is to be observed that in the resolution 
submitting the amendment to be adopted in November, 1906, that portion added by the 
amendment adopted in 1902, (indicated by enclosure in brackets above) was omitted 
altogether. The amendment in 1906 added the portion between the words “jail” and 
the next “and provided further,’ to the original section, without noticing the inter- 
vening amendment in 1902 which had added that part referring to St. Louis and Kansas 


City. See resolution set forth in Session Laws -1905, p. 309-310. : 
Allen, 183 Mo. 283. D 0. See State ex rel. vs 


(1) See State ex rel. vs. Wilder, 197 Mo. 1. Proposed amendment to be voted on 
in 1908 (Laws 1907, p. 454.) A new sec. 12b is to be submitted at same time (ib. p. 453), 
increasing the limit of indebtedness in cities over 100,000. 


ART. X.] CONSTITUTION OF THE STATE OF MISSOURI. 5D 


Sec. 15. Deposit of State funds by treasurer—how disbursed.—All moneys 
now, or at any time hereafter, in the State treasury, belonging to the State, shall, im- 
mediately on receipt thereof, be deposited by the Treasurer to the credit of the State 
for the benefit of the funds to which they respectively belong, in such bank or banks 
as he may, from time to time, with the approval of the Governor and Attorney- 
General, select, the said bank or banks giving security, satisfactory to the Governor 
and Attorney-General, for the safe keeping and payment of such deposit, when de- 
manded by the State Treasurer on his check—such bank to pay a bonus for the 
use of such deposits not less than the bonus paid by other banks for similar deposits; 
and the same, together with such interest and profits as may accrue thereon, shall be 
disbursed by said Treasurer for the purposes of the State, according to law, upon war- 
rants drawn by the State Auditor, and not otherwise. 

[New section. ] 

Sec. 16. Treasurer’s account.—The Treasurer shall keep a separate account 
of the funds, and the number and amount of warrants received, and from whom; and 
shall publish, in such manner as the Governor may designate, quarterly statements, 
showing the amount of State moneys and where the same are kept or deposited. 

[New section. ] 

Sec. 17. Officer not to speculate in public funds—felony.—The making of 
profit out of State, county, city, town or school district money, or using the same for 
any purpose not authorized by law, by any public officer, shall be deemed a felony, 
and shall be punished as provided by law. 

[New section. ] 

Sec. 18. State Board of Equalization—members.—There shall be a State 
Board of Equalization, consisting of the Governor, State Auditor, State Treasurer, 
Secretary of State and Attorney-General. The duty of said board shall be to adjust 
and equalize the valuation of real and personal property among the several counties in 
the State, and it shall perform such other duties as are or may be presecribed by law. 

[New section. ] 

Sec. 19. Money to be paid as appropriated—limit—how, continued—receipts 
and expenditures.—No moneys shall ever be paid out of the treasury of this State, 
or any of the funds under its management except in pursuance of an appropriation 
by law; nor unless such payment be made, or a warrant shall have issued therefor, 
within two years after the passage of such appropriation act; and every such law, 
making a new appropriation, or continuing or reviving an appropriation, shall dis- 
tinctly specify the sum appropriated, and the object to which it is to be applied; 
and it shall not be sufficient to refer to any other law to fix such sum or object. A 
regular statement and account of the receipts and expenditures of all public money 
shall be published from time to time. 

[New except first clause. Const. 1865, Art. XI, Sec. 6.] 

Sec. 20. Money from loans—how applied.—The moneys arising from any 
loan, debt or liability, contracted by the State, or any county, city, town or other 
municipal corporation, shall be applied to the purposes for which they were obtained, 
or to the payment of such debt or liability, and not otherwise. 

[New section. ] 

Sec. 21. Corporations—fees to be paid when incorporated.—No corporation, 
company or association, other than those formed for benevolent, religious, scientific 
or educational purposes, shall be created or organized under the laws of this State, 
unless the persons named as corporators shall, at or before the filing of the articles of 
association or incorporation, pay into the State treasury fifty dollars for the first fifty 
thousand dollars or less of capital stock, and a further sum of five dollars for every 
additional ten thousand dollars of its capital stock. And no such corporation, com- 
pany or association shall increase its capital stock without first paying into the 
treasury five dollars for every ten thousand dollars of increase: Provided, That 
nothing contained in this section shall be construed to prohibit the General Assembly 
from levying a further tax on the franchises of such corporation. 


{New section. ] 
[Sections 22 and 23 were repealed. } 


Sec. 26. [22] Certificates of indebtedness held as sacred obligations—levy 
for payment of interest.—All certificates of indebtedness of the State to the ‘‘public 
school fund” and to the “seminary fund” are hereby confirmed as sacred obligations 
of the State to said funds and they shall be renewed as they mature for such period 
of time and at such rate of interest as may be provided for by law. The General 
Assembly shall have the power to provide by law for the issuing certificates to the 
public school fund and seminary fund as the money belonging to said funds aecumu- 
lates in the State treasury: Provided, That after the outstanding bonded indebted- 
ness has been extinguished, all money accumulating in the State treasury for above 
Named purposes shall be invested in registered county, municipal, or school district 
bonds of this State of not less than par value. Whenever the State bonded debt is ex- 
tinguished or a sum sufficient therefor has been received, there shall be levied and 
collected in lieu of the ten cents on the one hundred dollars valuation now provided 


oy eh ee pede proposed to be voted on at election of 1908, concerning levy of tax for 
ete: 


56 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XI. 


for by the Statutes, an annual tax not to exceed three cents on the one hundred 
dollars valuation to pay the accruing interest on all the cerificates of indebtedness, 
the proceeds of which tax shall be paid into the State treasury and appropriated and 
paid out for the specific purposes herein mentioned. 


[Section adopted in 1902.] 
{Section 27.*] 
ARTICLE XI. 


EDUCATION. ** 


Section 1. Free schools—school ages.—A general diffusion of knowledge and 
intelligence being essential to the preservation of the rights and liberties of the peo- 
ple, the General Assembly shall establish and maintain free public schools for the 
gratuitous instruction of all persons in this State between the ages of six and twenty 

ears. 
‘4 [Const. 1865, Art. 9, Sec. 1, modified.] 

Sec. 2. School funds, how disbursed—what districts entitled to.—The income 
of all funds provided by the State for the support of free public schools shall be paid 
annually to the several county treasurers, to be disbursed according to law; but no 
school district, in which a free public school has not been maintained at least three 
months during the year for which the distribution is made, shall be entitled to re- 
ceive any portion of such funds. 

[See Const. 1865, Art. 9, Sec. 7.] 

Sec. 3. Colored children, separate schools for.—Separate free public schools 
shall be established for the education of children of African descent. 

[Const. 1865, Art. 9, Sec. 2.] 

Sec. 4. Board of education.—The supervision of instruction in the public 
schools shall be vested in a “Board of Education,’’ whose powers and duties shall be 
prescribed by law. The Superintendent of Public Schools shall be president of the 
Board. The Governor, Secretary of State and Attorney-General shall be ex officio 
members, and, with the Superintendent, compose said Board of Education. 

[Const. 1865, Art. 9, Sec. 3, modified. ] 

Sec. 5. State University—curators.—The General Assembly shall whenever 
the Public School fund will permit and the actual necessity of the same may require, 
aid and maintain the State University, now established, with its present departments. 
The government of the State University shall be vested in a Board of Curators, to 
consist of nine members, to be appointed by the Governor, by and with advice and 
consent of the Senate. 

[See Const. 1865, Art. 9, Sec. 4.] 

Sec. 6. Public school fund, from whence derived, not to be diverted.—The 
proceeds of all lands that have been or hereafter may be granted by the United 
States to this State, and not otherwise appropriated by this State or the United States; 
also, all moneys, stocks, bonds, lands and other property now belonging to any State 
fund for purposes of education; also, the net proceeds of all sales of lands and 
other property and effect that may accrue to the State by escheat, from unclaimed 
dividends and distributive shares of the estates of deceased persons; also, any pro- 
ceeds of the sales of the public lands which may have been or hereafter may be paid 
over to this State (if Congress will consent to such appropriation); also, all other 
grants, gifts or devisés that have been or hereafter may be made to this State, and 
not otherwise appropriated by the State or the terms of the grant, gift or devise, 
shall be paid into the State treasury, and securely invested and sacredly preserved 
as a Public School fund; the annual income of which fund, together with so much of 
the ordinary revenue of the State as may be by law set apart for that purpose, shall 
be faithfully appropriated for establishing and maintaining the free public schools 
and the State University in this article provided for, and for no other uses or pur- 
poses whatsoever. 

[See Const. 1865, Art. 9, Sec. 5.] 

Sec. 7. Deficiency, how provided for—minimum from State revenue.—In 
case the Public School fund now provided and set apart by law, for the support of 
free public schools, shall be insufficient to sustain a free school at least four months 
in every year in each school district in this State, the General Assembly may pro- 
vide for such deficiency in accordance with section eleven of the article on revenue 
and taxation; but in no case shall there be set apart less than twenty-five per cent. 
of the State revenue, exclusive of the interest and sinking fund, to be applied an- 
nually to the support of the public schools. 

[Const. 1865, Art. 9, Sec. 8, modified. ] 

Sec. 8. County school fund, whence derived.—All moneys, stocks, bonds, 
lands and other property belonging to a county school fund, also the net proceeds 
from the sale of estrays, also the clear proceeds of all penalties and forfeitures, and 


*Proposed amendment adding sec. 27 to be voted at election of 1908. 
**See Charter, Art. XIII and references in notes thereto; also “Laws Specially 
Applicable to St. Louis’ herein, sections 497-534, (Chap. 27 thereof), and notes thereto. 


ARTS. XI, XII.J CONSTITUTION OF THE STATE. OF MISSOURI. 57 


of all fines collected in the several counties for any breach of the penal or military 
laws of the State, and all moneys which shall be paid by persons as an equivalent 
for exemption from military duty, shall belong to and be securely invested and 
sacredly preserved in the several counties as a county public school fund; the in- 
come of which fund shall be faithfully appropriated for establishing and maintain- 
ing free public schools in the several counties of this State. 

[Const. 1865, Art. 9, Sec. 5, with additions and changes. ] 

Sec. 9. Public school fund, how invested.—No part of the public school fund 
of the State shall ever be invested in the stock or bonds or other obligations of any 
other State, or of any county, city, town or corporation; and the proceeds of the 
sales of any lands or other property which now belong or may hereafter belong to 
said school fund shall be invested in the bonds of the State of Missouri, or of the 
United States. 


[Under Const. 1865, Art. 9, Sec. 6, school fund could only be invested in United 
States bonds. ] 


Sec. 10. County school fund, how invested.—All county school funds shall 
be loaned only upon unencumbered real estate security of double the value of the 
loan, with personal security in addition thereto. 

Const. 1865, Art. 9, Sec. 6.] 

Sec. 11. Religious or sectarian schools—public funds not to be paid or prop- 
erty granted to.—Neither the General Assembly nor any county, city, town, town- 
ship, school district or other municipal corporation, shall ever make an appropria- 
tion or pay from any public fund whatever, anything in aid of any religious creed, 
church or sectarian purpose, or to help to support or sustain any private or public 
school, academy, seminary, college, university or other institution of learning, con- 
trolled by any religious creed, church or sectarian denomination whatever; nor shall 
any grant or donation of personal property or real estate ever be made by the State 
or any county, city, town or other municipal corporation, for any religious creed, 
church or sectarian purpose whatever. 

[New section. ] 


ARTICLE XII. 
CORPORATIONS. 


Section 1. Existing charters or grants without validity, when.—All existing 
charters or grants of special or exclusive privileges, under which a bona fide organi- 
zation shall have not taken place, and business been commenced in good faith, at 
the adoption of this Constitution, shall thereafter have no validity. 

[New section. ] 

Sec. 2. Not to be created by special laws.—No corporation, after the adoption 
of this Constitution, shall be created by special laws; nor shall any existing charter 
be extended, changed or amended by special laws, except those for charitable, penal 
or reformatory purposes, which are under the patronage and control of the State. 

[See Const. 1865, Art. 7, Sec. 4.] 

Sec. 3 Legislature not to remit forfeited charters.—The General Assembly 
shall not remit the forfeiture of the charter of any corporation now existing, or alter 
or amend such forfeited charter, or pass any other general or special laws for the 
benefit of such corporation. 

[New section. ] 

Sec. 4. Eminent domain, right of State in corporation property—trial.—The 
exercise of the power and right of eminent domain shall never be so construed or 
abridged as to prevent the taking, by the General Assembly, of the property and 
franchises of incorporated companies already organized, or that may be hereafter 
organized, and subjecting them to the public use, the same as that of individuals. 
The right of trial by jury shall be held inviolate in all trials of claims for compen- 
sation, when in the exercise of said right of eminent domain, any incorporated com- 
pany shall be interested either for or against the exercise of said right. 

[New section. ] 

Sec. 5. Police power of the State.—The exercise of the police power of the 
State shall never be abridged, or so construed as to permit corporations to conduct 
their business in such manner as to infringe the equal rights of individuals, or the 
general well-being of the State. 

[New section.] 

Sec. 6. Shareholders, number of votes in election of directors.—In all elec- 
tions for directors or managers of any incorporated company, each shareholder shall 
have the right to cast as many votes in the aggregate as shall equal the number of 
shares so held by him or her in said company, multiplied by the number of directors 
or managers to be elected at such election; and each shareholder may cast the whole 
number of votes, either in person or by proxy for one candidate, or distribute such 
votes among two or more candidates; and such directors or managers shall not be 
elected in any other manner. 

[New section. ] 


58 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XII. 


Sec. 7. Corporation—business limited by charter—power to hold real estate. 
—No corporation shall engage in business other than that expressly authorized in 
its charter or the law under which it may have been or hereafter may be organized, 
nor shall it hold any real estate for any period longer than six years, except such as 
may be necessary and proper for carrying on its legitimate business. 

[New section. ] 

Sec. 8. Stock and bonded debt, how issued or increased.—No corporation 
shall issue stock or bonds, except for money paid, labor done or property actually 
received, and all fictitious increase of stock or indebtedness shall be void. The 
stock and bonded indebtedness of corporations shall not be increased except in 
pursuance of general law, nor without the consent of the persons holding the larger 
amount in value of the stock first obtained at a meeting called for the purpose, first 
giving sixty days’ public notice, as may be required by law. 

[New section. ] , 

Sec. 9. Stockholders, extent of liability——Dues from private corporations 
shall be secured by such means as may be prescribed by law, but in no case shall 
any stockholder be individually liable in any amount over or above the amount of 
stock owned by him or her. 

{Const. 1865, Art. 7, See. 6. Stockholder liable for double amount of his stock.] 

Sec. 10. Preferred stock, how issued.—No corporation shall issue preferred 
stock without the consent of all the stockholders. 

[New section. ] 

Sec. 11. Corporation defined.—The term corporation, as used in this article, 
shall be construed to include all joint stock companies or associations having any 
powers or privileges not possessed by individuals or partnerships. 


{New section. ] 
RAILROADS. 


Sec. 12. Discrimination prohibited—commutation tickets.—It shall not be 
lawful in this State for any railway company to charge for freight or passengers a 
greater amount, for the transportation of the same, for a less distance than the 
amount charged for any greater distance; and suitable laws shall be passed by 
the General Assembly to enforce this provision; but excursion and commutation 
tickets may be issued at special rates. 

[New section. ] 

Sec. 18. May construct and operate, connect and intersect other lines— 
freight.— Any railroad corporation or association, organized for the purpose, shall 
have the right to construct and operate a railroad between any points within this 
State, and to connect at the State line with railroads of other states. Every rail- 
road company shall have the right, with its road, to intersect, connect with or cross 
any other railroad, and shall receive and transport each the other’s passengers, 
tonnage and cars, loaded or empty, without delay or discrimination. 

[New section. ] 

Sec. 14. Railways public highways—laws against extortion, etc.—Railways 
heretofore constructed, or that may hereafter be constructed in this State, are 
hereby declared public highways, and railroad companies common carriers. The 
General Assembly shall pass laws to correct abuses and prevent unjust discrimina- 
tion and extortion in the rates of freight and passenger tariffs on the different 
railroads in this State, and shall from time to time pass laws establishing reason- 
able maximum rates of charges for the transportation of passengers and freight on 
said railroads, and enforce all such laws by adequate penalties. 

[New section. ] 

Sec. 15. Shall have public office, keep books—meetings of directors.—Every 
railroad or other corporation, organized or doing business in this State under the 
laws or authority thereof, shall have and maintain a public office or place in this 
State for the transaction of its business, where transfers of stock shall be made, 
and where shall be kept, for public inspection, books in which shall be recorded 
the amount of capital stock subscribed, the names of the owners of the stock, the 
amounts owned by them respectively, the amount of stock paid, and by whom, the 
transfer of said stock, with the date of transfer, the amount of its assets and lia- 
bilities, and the names and places of residence of its officers. The directors of 
every railroad company shall hold one meeting annually in this State, public 
notice of which shall be given thirty days previously, and shall report annually under 
oath, to the State Auditor, or some officer designated by law, all of their acts and do- 
ings, which report shall include such matters relating to railroads as may be pre- 
scribed by law. The General Assembly shall pass laws enforcing, by suitable pen- 
alties, the provisions of this section. 

{New section. ] 

Sec. 16. Property subject to execution—no law to be passed exempting.«< 
The rolling stock and all other movable property belonging to any railroad company 
or corporation in this State shall be considered personal property, and shall be liable 
to execution and sale in the same manner as the personal property of individuals; 


ART. XITI.] CONSTITUTION OF THE STATE OF MISSOURI. 59 


and the General Assembly shall pass no law exempting any such property from exe- 
cution and sale. 

[New section. ] 

Sec. 17. Shall not consolidate with parallel lines.—No railroad or other 
corporation, or the lessees, purchasers or managers of any railroad corporation shall 
consolidate the stock, property or franchises of such corporation with, or lease or 
purchase the works of franchises of, or in any way control, any railroad corporation 
owning or having under its control a parallel or competing line; nor shall any officer 
of such railroad corporation act as an officer of any other railroad corporation owning 
or having the control of a parallel or competing line. The question whether railroads 
are parallel or competing lines shall, when demanded, be decided by a jury, as in 
other civil issues. 

[New section. ] 

Sec. 18. Consolidation with foreign companies.—If any railroad company 
organized under the laws of this State shall consolidate, by sale or otherwise, with 
any railroad company organized under the laws of any other state, or of the United 
States, the same shall not thereby become a foreign corporation; but the courts of 
this State shall retain jurisdiction in all matters which may arise, as if said consoli- 
dation had not taken place. In no case shall any consolidation take place except 
upon public notice of at least sixty days to all stockholders, in such manner as may 
be provided by law. 

[New section. ] 


Sec. 19. Laws retrospective or in aid of corporations forbidden. The Gen- 
eral Assembly shall pass no law for the benefit of a railroad or other corporations, 
or any individual or association of individuals, retrospective in its operation, or which 
imposes on the people of any county or municipal subdivision ofthe State, a new lia- 
bility in respect to transactions or considerations already past. 

[New section. ] 

Sec. 20. Street railroad, franchise, how granted.—No law shall be passed by 
the General Assembly granting the right to construct and operate a street railroad 
within any city, town, village, or on any public highway, without first acquiring the 
consent of the local authorities having control of the street or highway proposed to 
be occupied by such street railroad; and the franchises so granted shall not be 
transferred without similar assent first obtained. (mm) 

[New section. ] 

Sec. 21. Railroad corporation, benefit of future legislation.—No railroad cor- 
poration in existence at the time of the adoption of this Constitution shall have the 
benefit of any future legislation, except on condition of complete acceptance of all 
the provisions of this Constitution applicable to railroads. 

[New section. ] 

Sec. 22. Officer of railroad not to be interested in business.—No president, 
director, officer, agent or employe of any railroad company shall be interested, direct- 
ly or indirectly, in furnishing material or supplies to such company, or in the business 
of transportation as a common carrier of freight or passengers over the works owned, 
leased, controlled or worked by such company. 

{New section. ] 

Sec. 23. Discrimination between companies and individuals.—No discrimina- 
tion in charges or facilities in transportation shall be made between transportation 
companies and individuals, or in favor of either, by abatement, drawback or other- 
wise; and no railroad company or any lessee, manager or employe thereof, shall make 


any preference in furnishing cars or motive power. 
[New section. ] 


Sec. 24. Free passes, granting to State officers, forfeiture.—No railroad or 
ather transportation company shall grant free passes or tickets, or passes or tickets 
at a discount, to members of the General Assembly, or members of the Board of 
Equalization, or any State, or county, or municipal officers; and the acceptance of 


such pass or ticket, by a member of the General Assembly, or any such officer, shall 
be a forfeiture of his office. 
[New section. ] 
BANKS. 


Sec. 25. State banks and State owning stock in corporations forbidden.—No 
State bank shall hereafter be created, nor shall the State own or be liable for any 
stock in any corporation, or joint stock company, or association for banking purposes, 
now created or hereafter to be created. 

[See Const. 1865, Art. 8, Secs. 1 and 2.] 

Sec. 26. Act creating banks to be submitted to the people.—No act of the 
General Assembly authorizing or creating corporations or associations with banking 
powers (except banks of deposit or discount), nor amendments thereto, shall go into 


‘m) See notation of cases in notes to Charter, Art. X, and also references to legis- 
lative acts there set out. 


60 CONSTITUTION OF THE STATE OF MISSOURI. [ARTS. XII, XIII, XIV. 


effect, or in any manner be enforced, unless the same shall be submitted to a vote 
of the qualified voters of the State, at the general election next succeeding the passage 
of the same, and be approved by a majority of the votes cast at such election. 

[See Const. 1865, Art. 8, Secs. I and 2.] 

Sec. 27. Banks, insolvent, not to receive deposits.—It shall be a crime, the 


nature and punishment of which shall be prescribed by law, for any president, di- 
rector, manager, cashier or other officer of any banking institution, to assent to the 
reception of deposits, or the creation of debts by such banking institution, after he 
shall have had knowledge of the fact that it is insolvent, or in failing circumstances; 
and any such officer, agent or manager shall be individually responsible for such 
deposits so received, and all such debts so created with his assent. 

[New section. ] 


ARTICLE XIII. 


MILITIA. 


Section 1. Military duty, persons liable to.—All able-bodied male inhabitants 
of this State between the ages of eighteen and forty-five years, who are citizens of 
the United States, or have declared their intention to become such citizens, shall be 
liable to military duty in the militia of this State: Provided, That no person who is 
religiously scrupulous of bearing arms can be compelled to do so, but may be com- 
pelled to pay an equivalent for military service, in such manner as shall be pre- 
scribed by law. 

[Proviso new. Const. 1865, Art. 10, Sec. 1.] 


Sec. 2. Militia, organization of.—The General Assembly, in providing for the 
organization, equipment and discipline of the militia, shall conform, as nearly as 
practicable, to the regulations for the government of the armies of the United States. 

[New section. ] 


Sec. 3. Officers, election of.—Each company and regiment shall elect its own 
company and regimental officers; but if any company or regiment shall neglect to 
elect such officers within the time prescribed by law, or by the order of the Governor, 
they may be appointed by the Governor. 

L. CONnStALES Go. vAT teal OS Seco.) 


Sec. 4. Companies, infantry and cavalry may be formed.—Volunteer com- 
panies of infantry, cavalry and artillery may be formed in such manner and under 
such restrictions as may be provided by law. 

[New section. ] 


Sec. 5. Forces, privileged from arrest, when.—The volunteer and militia 
forces shall in all cases, except treason, felony and breach of the peace, be privileged 
from arrest during their attendance at musters, parades and elections, and in going 
to and returning from the same. 

[New section. ] 


Sec. 6. Officers, Governor shall appoint.—The Governor shall appoint the 
Adjutant-General, Quartermaster-General and his other staff officers. He shall also, 
with the advice and consent of the Senate, appoint all Major Generals and Brigadier 
Generals. 

[New section. ] 


Sec. 7. Arms and records, State shall keep.—The General Assembly shall 
provide for the safe keeping of the public arms, military records, banners and relics 
of the State. 

[New section. ] 


ARTICLE XIV. 
MISCELLANEOUS PROVISIONS. 


Section 1. Public lands—taxing land of United States and non-residents.— 
The General Assembly of this State shall never interfere with the primary disposal of 
the soil by the United States, nor with any regulation which Congress may find 
necessary for securing the title in such soil to bona fide purchasers. No tax shall 
be imposed on lands the property of the United States; nor shall lands belonging to 
persons residing out of the limits of this State ever be taxed at a higher rate than 
the lands belonging to persons residing within the State. 

[Const. 1865, Art. 11, Sec. 1.] 


Sec. 2. Immunity from punishment for acts during civil war, when.—No per- 
son shall be prosecuted in any civil action or criminal proceeding for or on account of 
any act by him done, performed or executed between the first day of January, one 
thousand eight hundred and sixty-one, and the twentieth day of August, one thousand 
eight hundred and sixty-six, by virtue of military authority vested in him, or in pur- 
suance of orders from any person vested with such authority by the government of 
the United States, or of this State, or of the late Confederate States, or any of them, 


ARTS. XIV, XV.] CONSTITUTION OF THE STATE OF MISSOURI. 61 


to do such act. And if any action or proceedings shall have been or shall hereafter 
be instituted against any person for the doing of any such act, the defendant may 
plead this section in bar thereof. 

{Or of late Confederate States,” new. Const. 1865, Art. 11, Sec. 4.] 

Sec. 3. Dueling prohibited.—No person who shall hereafter fight a duel, or 
assist in the same as a second, or send, accept or knowingly carry a challenge there- 
for, or agree to go out of this State to fight a duel, shall hold any office in this State. 

[Const. 1865, Art. 11, Sec. 5.] 

Sec. 4. United States officer not to hold State office.—No person holding an 
office of profit under the United States shall, during his continuance in such Office, 
hold any office of profit under this State. 

ROOD SUwLSGoe Artal L.iseCay i.) 

See. 5. Tenure of office.—In the absence of any contrary provision all offi- 
cers now or hereafter elected or appointed, subject to the right of resignation, shall 
hold office during their official terms, and until their successors shall be duly elected 
or appointed and qualified. 

hCGonsts Loon, Art, 1).Sec: 8.1] 

Sec. 6. Oath of office.—A1ll officers, both civil and military, under the au- 
thority of this State, shall, before entering on the duties of their respective offices, 
take and subscribe an oath, or affirmation, to support the Constitution of the United 
States and of this State, and to demean themselves faithfully in office. 

[New section.] 

Sec. 7. County, City, etc., officers—removed from office, when.—The General 
Assembly shall, in addition to other penalties, provide for the removal from 
office of county, city, town or township officers, on conviction of willfull, corrupt 
or fraudulent violation or neglect of official duty. 

[New section. ] 

Sec. 8. Officers’ fees, etc., not to be increased nor term extended.—The com- 
pensation or fees of no State, county or municipal officer shall be increased during 
his term of office; nor shall the term of any office be extended for a longer 
period than that for which such officer was elected or appointed. (7) 

[New section. ] 

Sec. 9. Appointment of officers.—The appointment of all officers not other- 
wise directed by this Constitution shall be made in such manner as may be pre- 
scribed by law. 

[New section. ] 

Sec. 10. Lotteries prohibited.—The General Assembly shall have no power 
to authorize lotteries or gift enterprises for any purpose, and shall pass laws to 
prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in 
the nature of a lottery, in this State; and all acts or parts of acts heretofore 
passed by the Legislature of this State, authorizing a lottery or lotteries, and all 
acts amendatory thereof or supplemental thereto, are hereby avoided. 

[See Const. 1865, Art. 4, Sec. 28.] 

Sec. 11. Officers having public funds, grand jury to investigate.—It shall 
be the duty of the grand jury in each county, at least once a year, to investigate 
the official acts of all officers having charge of public funds, and report the result 
of their investigations, in writing, to the court. 

[New section. ] 

Sec. 12. Members General Assembly not to be arrested, when.—Senators 
and Representatives shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during the session of the General Assembly, 
and for fifteen days next before the commencement and after the termination of 
each session; and for any speech or debate in either house they shall not be 
questioned in any other place. 


[Const. 1865, Art. 4, Sec. 16.] 
ARTICLE XV. 


MODE OF AMENDING THE CONSTITUTION. 


[As to mode of amending Constitution, see Laws 1881, p. 88, and Laws 1883, p. 47.] 

Section 1. Constitution, how amended.—tThis Constitution may be amended 
and revised only in pursuance of the provisions of this article. 

[See Const. 1865, Art. 12, Sec. 1.] 

Sec.-2. General Assembly may propose amendments—submitted to vote.— 
The General Assembly may, at any time, propose such amendments to this 
Constitution as a majority of the members elected to each house shall deem 
expedient; and the vote thereon shall be taken by yeas and nays, and entered in 
full on the journals. The proposed amendments shall be published with the laws 
of that session, and also shall be published weekly in some newspaper, if such 
there be, within each county in the State, for four consecutive weeks next pre- 
een Oho Dey Pury) AS NEA Os Se Oe ee es 


(n) See note and authorities to Charter, Art. XVI, Sec. 17. 


62 CONSTITUTION OF THE STATE OF MISSOURI. [ART. XV, 


ceeding the general election then next ensuing. The proposed amendments shall 
be submited to a vote of the people, each amendment separately, at the next gen- 
eral election thereafter, in such manner as the General Assembly may provide. 
If a majority of thequalified voters of the State, voting for and against any 
one of said amendments, shall vote for such amendment, the same shall be deemed 
and taken to have been ratified by the people, and shall be valid and binding, to 
all intents and purposes, as a part of this Constitution. 

See Const. 1865, Art, 12, Sec. 2.] 

See. 3. — Constitution, how revised, etc.—The General Assembly may at any 
time authorize, by law, a vote of the people to be taken upon the question 
whether a convention shall be held for. the purpose of revising and amending 
the Constitution of this State; and if at such election a majority of the votes on 
the question be in favor of a convention, the Governor shall issue writs to the 
sheriffs of the different counties, ordering the election of delegates to such a con- 
vention, on a day not less than three and within six months after that on which 
the said question shall have been voted on. At such election each Senatorial 
district shall elect two delegates for each Senator to which it may then be 
entitled in the General Assembly, and every such delegate shall have the qualifi- 
cations of a State Senator. The election shall be conducted in conformity with 
the laws regulating the election of Senators. The delegates so elected shall 
meet at such time and place as may be provided by law, and organize themselves 
into a convention, and proceed to revise and amend the Constitution; and the Con- 
stitution, when so revised and amended, shall, on a day to be therein fixed, not 
less than sixty days or more than six months after that on which it shall have 
been adopted by the convention, be submitted to a vote of the people for and 
against it, at an election to be held for that purpose; and if a majority of all the 
votes given be in favor of such Constitution, it shall, at the end of thirty days 
after such election, become the Constitution of this State. The result of such 
election shall be made known by proclamation by the Governor. The General 
Assembly shall have no power, otherwise than in this section specified, to authorize 
a convention for revising and amending the Constitution. 

[See Const. 1865, Art. 12, Sec. 3.] 


SCHEDULE. 


Existing laws, rights and actions.—That no inconvenience may arise from 
the alteration and amendments in the Constitution of this State, and to carry 
the same into complete effect, it is hereby ordained and declared: 

Section 1. That all laws in force at the adoption of this Constitution, not 
inconsistent therewith, shall remain in full force until altered or repealed by the 
General Assembly; and all rights, actions, prosecutions, claims and contracts of 
the State, counties, individuals or bodies corporate, not inconsistent therewith, 
shall continue to be as valid as if this Constitution had not been adopted. The 
provisions of all laws which are inconsistent with this Constitution shall cease 
upon its adoption, except that all laws which are inconsistent with such  provi- 
sions of this Constitution as require legislation to enforce them shall remain 
in force until the first day of July, one thousand eight hundred and seventy-seven, 
unless sooner amended or repealed by the General Assembly. 

Sec. 2. Existing obligations—-criminal proceedings.—That all recognizances, 
obligations, and all other instruments entered into or executed before the adoption 
of this Constitution to this State, or to any subdivision thereof or any municipality 
therein; and all fines, taxes, penalties and forfeitures due or owing to this State, 
or any such subdivision or municipality; and all writs, prosecutions, actions and 
causes of action, except as herein otherwise provided, shall continue and remain 
unaffected by the adoption of this Constitution. All indictments which shall 
have been found, or may hereafter be found for any crime or offense committed 
before this Constitution takes effect, may be proceeded upon as if no change had 
taken place, except as otherwise provided in this Constitution. 

Sec. 3. County and probate courts.—All county and probate courts, as now 
constituted and organized, shall continue with their jurisdiction, until the General 
Assembly shall by law conform them in their organization to the requirements of 
this Constitution 

See. 4. Criminal courts.—Al1l criminal courts organized and existing under 
the laws of this State, and not specially provided for in this Constitution, shall 
continue to exist until otherwise provided by law. 

Sec. 5. Courts of common pleas.—All courts of common pleas existing and 
organized in cities and towns having a population exceeding three thousand 
five hundred inhabitants, and such as by the law of their creation are presided 
over by a judge of a circuit court, shall continue to exist and exercise their 
present jurisdiction until otherwise provided by law. All other courts of common 
pleas shall cease to exist at the expiration of the present terms of office of the 
several judges thereof. 


[SCHEDULE. CONSTITUTION OF THE STATE OF MISSOURI. 63 


Sec. 6. Persons now in office.—Al1l persons now filling any office or appoint- 
ment in this State shall continue in the exercise of the duties thereof, according 
to their respective commissions or appointments unless otherwise provided by 
law. 

Sec. 7. Appeals and writs of error.—Upon the adoption of this Constitution, 
all appeals to and writs of error from the Supreme Court shall be returnable 
to the Supreme Court at the City of Jefferson. 

Sec. 8. Bonded debt—payment of.—Until the General Assembly shall make 
provision for the payment of the State and railroad indebtedness of this State, 
in pursuance of section fourteen of Article X of this Constitution, there shall be 
levied and collected an annual tax of one-fifth of one per centum on all real 
estate and other property and effects subject to taxation, the proceeds of which 
shall be applied to the payment of the interest on the bonded debt of this State as it 
matures, and the surplus, if any, shall be paid into the sinking fund and thereafter 
applied to the payment of such indebtedness, and to no other purpose. 

Sec. 9. Election for adoption or rejection of this Constitution.—This Con- 
stitution shall be submitted to the people of this State for adoption or rejection, 
at an election to be held for that purpose only, on Saturday, the thirtieth day 
of October, one thousand eight hundred and seventy-five. Every person entitled 
to vote under the Constitution and laws of this State shall be entitled to vote for 
the adoption or rejection of this Constitution. Said election shall be held and 
said qualified electors shall vote at the usual places of voting in the several 
counties of this State; and said election shall be conducted and returns thereof 
made according to the laws now in force regulating general elections. 

Sec. 10. Poll-books, ballots, etc.—The clerks of the several county courts 
in this State shall, at least five days before said election, cause to be delivered 
to the judges of election in each election district or precinct in their respective 
counties, suitable blank poll-books, forms of return and five times the number 
of properly prepared printed ballots for said election that there are voters in said 
respective districts, the expense whereof shall be allowed and paid by the several 
county courts, as other county expenditures are allowed and paid. 


Sec. 11. Ballots, form of.—At said election the ballots shall be in the fol- 
lowing form: New Constitution ticket (erase the clause you do not favor.) New 
Constitution,— Yes. New Constitution,—No. Each of said tickets shall be counted 
as a vote for or against this Constitution, as the one clause or the other may be 
cancelled with ink or pencil by the voter, and returns thereof shall be made 
accordingly. If both clauses of the ticket be erased, or if neither be erased, the 
ticket shall not be counted. 


Sec. 12. Returns of election—proclamation by Governor.—The returns of 
the whole vote cast for the adoption and against the adoption of this Constitution 
shall be made by the several clerks, as now provided by law in case of the election 
of State officers, to the Secretary of State, within twenty days after the election; 
and the returns of said votes shall, within ten days thereafter, be examined and 
canvassed by the State Auditor, State Treasurer and Secretary of State, or any 
two of them, in the presence of the Governor, and proclamation shall be made by 
the Governor forthwith of the result of the canvass. 


Sec. 13. Result of election—Constitution to take effect, when.—If, upon 
such canvass, it shall appear that a majority of the votes polled were in favor 
of the new Constitution, then this Constitution shall, on and after the thirtieth 
day of November, one thousand eight hundred and seventy-five, be the supreme 
law of the State of Missouri, and the present existing Constitution shall thereupon 
cease in all its provisions; but if it shall appear that a majority of the votes 
polled were against the new Constitution, then this Constitution shall be null and 
void, and the existing Constitution shall continue in force. 


Sec. 14. Schedule to take effect,- when.—The provisions of this schedule 
required to be executed prior to the adoption or rejection of this Constitution, 
shall take effect and be in force immediately. 


Sec. 15. Laws to enforce Constitution.—The General Assembly shall pass 
all such laws as may be necessary to carry this Constitution into full effect. 


Sec. 16. Existing executive officers, provisions as to.—The present Secretary 
of State, State Auditor, Attorney-General and Superintendent of Public Schools shall, 
during the remainder of their terms of office, unless otherwise directed by law, re- 
ceive the same compensation and fees as is now provided by law; and the present 
State Treasurer shall, during the remainder of the term of his office, continue to be 
governed by existing law, in the custody and disposition of the State funds, unless 
otherwise directed by law. 


Sec. 17. Arrests and preliminary examinations.—Section twelve of the Bill of 


Rights shall not be so construed as to prevent arrests and preliminary examination 
In any criminal case. 


64 CONSTITUTION OF THE STATE OF MISSOURI. SCHEDULE. ] 


Done in Convention, at the Capitol in the City of Jefferson, on the second day 
of August, in the year of our Lord one thousand eight hundred and seventy-five, and 
of the Independence of the United States the one hundredth. 


sf 


WALDO P. JOHNSON, President St. Clair county. 
N. W. WATKINS, Vice-President, Scott county. 
ADAMS, WASHINGTON, Cooper. 
ALLEN, DeWITT C., Clay. 
ALLEXANDER, A. M., Monroe. 
BLACK, FRANCIS M., Jackson. 
BOONE, HENRY, DeKalb. 
BRADFIELD, GEORGE W., Laclede. 
BROADHEAD, JAMES O., St. Louis. 
BROKMEYER, HENRY C., St. Louis. 
CARLETON, GEORGE W., Pemiscot. 
CHRISMAN, WILLIAM, Jackson. 
CONWAY, EDMUND V., St. Francois. 
COTTEY, LOUIS F., Knox. 
CREWS, T. W. B., Franklin. 
CROCKETT, SAMUEL R., Vernon. 
DAVIS, LOWNDES HENRY, Cape Girardeau. 
DRYDEN, LEONIDAS J., Warren. 
DYSART, BENJAMIN ROBERT, Macon. 
EDWARDS, JOHN F. T., Iron. 
EDWARDS, JAMES C., St. Louis. 
EITZEN, CHARLES D., Gasconade. 
FARRIS, JAMES L., Ray. 
FYAN, ROBERT W., Webster. 
GANTT, THOMAS TASKER, St. Louis 
GOTTSCHALK, LOUIS, St. Louis. 
HALE, JOHN B., Carroll. 
HALLIBURTON, W., Sullivan. 
HAMMOND, CHARLES, Chariton. 
HARDIN, NEIL CAMERON, Pike. 
HOLLIDAY, J. A., Caldwell. 
HYER, JOHN, Dent. 
JOHNSON, HORACE B., Cole. 
JOHNSTON, T. J., Nodaway. 
LACKLAND, HENRY CLAY, St. Charles, 
LETCHER, WM. H., Saline. 
LAY, ALFRED M., Cole. 
MABREY, PINCKNEY, Ripley. 
MASSEY, B. F., Newton. 
MAXEY, JAMES HARVEY, Howell. 
McAFEE, CHARLES B., Greene. 
McKEE, ARCHIBALD V., Lincoln. 
McCABE, EDWARD, Marion. 
McKILLOP, MALCOLM, Atchison. 
MORTELL, NICHOLAS A., St. Louis. 
MUDD, HENRY THOMAS, St. Louis. 
NICKERSON, EDMUND A., Johnson. 
NORTON, ELIJAH HISH, Platte. 
PIPKIN, PHILIP, Jefferson. 
PRIEST, WILLIAM, Platte. 
PULITZER, JOSEPH, St. Louis. 
RAY, JOHN, Barry. 
RIDER, J. H., Bollinger. 
RIPPHY, J. R., Schuyler. 
ROBERTS, JAMES C., Buchanan. 
ROSS, J. P., Morgan. 
ROSS, JOHN W., Polk. 
RUCKER, JOHN FLEMING, Boone. 
SHACKELFORD, THOMAS, Howard. 
SHANKLIN, JOHN H., Grundy. 


[SCHEDULE. 


CONSTITUTION OF THE STATE OF MISSOURI. 


ATTEST: 


SHIELDS, GEORGE H., St. Louis. 
SPAUNHORST, HENRY J., St. Louis. 
SWITZLER, WILLIAM F., Boone. 
TAYLOR, JOHN H., Jasper. 
TAYLOR, AMOS RILEY, St. Louis. 
TODD, ALBERT, St. Louis. 

WAGNER, L. J., Scotland. 
WALLACE, HENRY C., Lafayette. 


G. N. NOLAN, Secretary. 


J. BOYLE ADAMS, Assistant Secretary. 


INDEX TO THE CONSTITUTION OF MISSOURI. 


A 
ABSENT MEMBERS— Art. Sec. 
attendance compelled ....... 4 18 
noted on calling yeas and 
TTAVIST) asp ac ete tern ate tance mer anen te ~ 42 
ACCUSED— 
FiShts. inverlminalecasescrrra: 2 22 
ADJOURNMENT— 
of General Assembly......... 4 21-23 
ADAOUGOD FDA WENT Maier sncisiccsts cree 2 21 
ALIENS— 
Cannoteneldeoricem. cee 8 12 
AMENDMENTS— 
COMMU IS aeOONS UT ClOemy kere: 2 3 
to Missouri Constitution..... iS) 1-3 
duty of Supreme Court... 15 2 
OLMD ITS are eee een fey: AeA ORS 0 
report of committee of con- 

LETEN CO Mae covchaivake serene rtareleriae 32 

DyaeSUD Sti UU tl Ov gece te cern 4 34 
APPEALS—. 
from Courts of Appeals...... 6 12 
exclusive appellate jurisdic- 

tion of Supreme Court, 5 

OL RAM GT tO ace oat cae re 6 
where returnable, Sch....... {i 

APPORTIONMENT— 
of Representatives. «ose. 4 2-8 
S@nators sh lacrareas eee eee « 2 t 
APPROPRIATIONS— 
OVdeErFOLiea heres Sreistste te hie 4 43 
TO Wiad Cyeke oh atone ocean Se eee 10 19 
when act takes effect........ 4 36 
act may contain several 
SUDIECUS omracidaein dee ences 4 28 
ARMS— 
Tight. to beavis were er mene cis 2 Nay, 
does not mean concealed 

W CADON Sie arlene celeron eines 4 ald 
not compelled to as military 

CLC DV ec ee ee Ra reac rene a yaaa 13 al 
Legislature provide for safe 

Kee DING peste eee conc: tf 

ARREST, who privileged from— 
lerislatonswpyac ke iccettes encrae 14 12 
TIVLLICI a Ties te, Pe ee eee Cal rere rats iN 5) 
VOTES ier rhecetehebet cere eats cen autstoise nectelss 8 4 
not to apply to arrests for 

CTIME SBS CHI Se acter pee tencauaae aXe 17 

ATTA TN EB Recent wen gee aac okaatens 2D 13 

ATTORNEY-GENERAL— 
is of the executive depart- 

MONG hs So ee enc a ele musts ate i! 
shall reside atecapitalie ses. 5 i 
election, term of office...... 5 2 
returns, tie, how determined. 5 3 
Qualification S#O fee. mciencscike 5 19 


AUDITOR— Art. 


is of the executive depart- 
MON Cae clocte ey Sete ee = 55 
shall reside at State capital. 5 
election, term of office...... 
returns—ties, how determined 5 
Ciualiti Cations 10 taet einen 


shall give information to 
GOVeErNnOr i eee 5 
B 
BAIL— 
INV eneral ey yu eCLe e 2 
excessive prohibited ........ 2 
BANKS— 
State banks prohibited...... 12 
State not to own stock...... 12 
act creating submitted to 
DEODIGMRY Rites acre cence tere 
insolvent not to receive de- 
DOSITS#R. oak. oe ee eee 12 
BILL OF RIGHTS— 
ODICCEFO TMA eee ee oe ere 2 
BILLS— 
Sty legotelaws cer eee ee 4 


amendments not to change 
Ori Pina lepuUrpOSeeat ten creas 4 
origin of,—to be read, when. 4 
reported upon and printed.. 4 
but one subject, title, etc... 4 


amendments engrossed and 
PLINTEdew. Pe seiers sere eke ee 4 
returned from either house 
AMEN CEC ae ees oo tae ees 4 
fnalsevioteson maw) eee 4 
amendments how concurred 
LAR ieee eee desi el eh eres ea 4 
act not to be revived by ref- 
GFENGCE Bic ce thet. he eee 4 
amendments by substitution. 4 
motion. to’ reconsider! ..>.... 4 


laws, time of taking effect.. 4 


to be signed by presiding 
OLMCersiat isd orton eo chee 4 
to be approved by the Gov- 
SVNOT Mos fae esl cis cals te aonsienan eae ee 4 
course if not approved...... 4 
failure of Governor to ap- 
DIOV.CR. wee ft ansiekake ee oe seein 4 
FOViSiOUs Ole) avy Ss eee ere eee 4 


journal to be published—yeas 


andyNnayS Geneon aoe ee 4 
BOARD OF HDUCATION .e are ist 
BOARD OF EQUALIZATION...10 
BOUNDARIES of State... ..5 on i 

Cc 
CEMETERIES— 
churches may own land for. 2 
CERTIORARI— 


jurisdiction of Supreme Court 6 


INDEX TO MISSOURI CONSTITUTION. 67 


CERTIFICATES OF INDEBTEDNESS— 


Art. Sec. 
rate to pay interest on...... 10 26 
CHARITIES— 
WEREECOND OR COSCO biee sie crete-era ets a 6 10 6 
CHARTERS— 
of large cities, judicial notice 
STE ee has nie edie weed at 16 
POH CURGS MOL wiv nr cet cisisis © 9 Uy) 
PVs CMON ULE Soot ic Galil aie tandvere. cca steers 9 20-23 
CHIEF JUSTICE— 
Nias SUDLTeMGe COUNT ssi. gins ss ost 6 5 
DrACOULLLOL CAD DCA rt. ss vine 6 16 
CHURCHES—See Religion and Re- 
ligtous Corporations. 
Sebyeqepedels (Ohi ce a ee he ae 2 Oat 
nolding real estate.......... 2 8 
exempt from taxation....... 10 6 
MOSAIC VELIIC SCALE. . oes eurans 2, fi 
no discrimination against.... 2 7 
CIRCUIT COURT— 
HUGisGicLlonsand terms... o ; 6 22, 23 
circuits may be changed..... 6 24 
election, terms and duties of 
STUN CMRP tere ke ie suks. iat. ater k! oeuere cs 6 25 
qualifications of judges...... 6 26 
Sst OUlsnCOUN CY. 2st clea «> 6 at 
provision for additional 
2 REG KEES. >... ag Fane Cae era 6 28 
vacancy in office of judges.. 6 29 
removal of judges for disabil- 
LG Veet ec. he oie cue. e bie. ors ctetels 6 41 
CITIES— 
subscription by, prohibited.. 9 6 
organization and classifica- 
TO TP at ce ces Boe Se 9 fi 
consolidation with county 
FHOMELIVINGI Gitar. chete specs a acdsie oe 9 15 
charters of large cities...... 9 Ihe Uy 
See Municipal Corporations, St. Louts. 
CLERKS— 
CMOOULTS Ole A DDCAISs.. ws onic. 6 18 
Cie sw DRemenCourt. oc. «.c2 s+ 6 Bik 
Mim PLODALESCOULUS Ac. aye, « o. e0e cree 6 35 
CCL IONINO Libera cit fc etcisiis aie 2 oi Sis chal 6 35, 40 
ELESMAUMNCECOMCESLS . ccroe o <tc cies 0's 6 40 
COLLECTORS— 
PUUIECOMECOT ACCOUNT... ~ 2. ec s)s 2 19 
COMMITTEES— 
POMMICTISRETOT Of 2a discs od rs ole 4 16 
COMPENSATION—See Fees— 
Mise rMEnentedOMaAIN. «. ces. a. « 2 21 
Of President of Senate........ 5 18 
of judges of Courts of Ap- 
UI Le ee a ee i ar 6 ile 
of members of General As- 
paEC LUVIN ame fehcr atch auokons eS ella ste =’ « 4 16 
CONCEALED WEAPONS— 
carrvine prohibited ..i....<. 2 iy 
CONDEMNATION OF PRIVATE 
Re ee he ee ek ke e's wt 20,721 
CONGRESS, MEMBER OF— 
not eligible to Legislature... 4 12 
CONSCIENCE— 
Ok Fie tate 8 DMA Rely ee 2 5 
CONSTITUTION— 
construction of, see note to 
preamble. 
PRIMATE LE OLA sa’ a5. e's eke he %s 15 Lane 
as to existing laws, rights, 
USL. Nai. Aa RA OL eer en eee ee 1 2 
new, aaoption of, Sch....... - + a es 
to take effect, when, Sch.... .- 13 
Pe WeetOcGnrorce, Sch i, ..+.-<- ae 15 


CONSTITUTION OF UNITED STATES— 


Rag Sec. 
in relation to State govern- 

ATL GUC eecehane sielats tia se uteiaie a asker els 2,0 
as to retrospective laws..... 2 15 

CONSTRUCTION— 
DyeleSisla Cures ia. tas oe «clef 4 a 
CONTESTED ELECTIONS— 
PONGYALLY Uercke che oie) custels ahs teas 27) < 8 9 
of executive officers......... 5 25 
Cope pul k= gefek enc, Hauer eae See Re 6 30 
Ota clerks Of COULES «icc ccs oe) ace 6 40 
CONTRACTS— 
forvsupportrof relivion. ne 2 6 
laws impairing obligation of 2 15 
CORONERS: See Sher7f7— 
election and appointment of. 9 10 
Via CanCyvnlNe Oli Cem ate ici rina 9 11 
CORPORATIONS— 
religious, how created....... 2 8 
release of debts prohibited... 4 al 
DOW EVR CORUA Rin eatacetenedn take cats) 10 2 
dues from on capital stock. .10 21 
UNOr Sani Zedwews aortas ce ee 12 1 
shall not be created by spe- 

CLA IAWSir Re hole bee ees 2 
forteitedrchartersaeee ee eee ee. 12 3 
eminent domain, jury trial...12 4 
subject to police power...... 12 5 
election of directors......... 12 6 
not to engage in other busi- 

NESS Beet ere terahe ravers ators wookass 1 {( 
power to hold real estate....12 (( 
INCTrEASE) OLeStOCK -eas cereale iby 8 
liability of stockholder...... 12 9 
preferred stock tow@ se ae ee: 12 10 
corporation defined ......... 12 11 
See Banks, Ratlroads, Municipal 

Corporations. 

CORR WPTRIONE©O Hee LOOD eae. 2 13 
COUNSEL— 

in criminal prosecutions..... 2 22 
COUNTIES— 


existing counties recognized. 9 
size of new counties......... 
division of representation.... 9 3 
parts stricken off, liability of 9 
subscription by, prohibited... 9 
consolidation with city gov- 

OLVIMCI ts easier ae csk bese Gees 9 Hd 


COUNTY COURTS: See Courts— 


jurisdiction, judges; etc..:.. 6 36 
existing, continued, etc., Sch..... 5 


COUNTY JUSTICES— 
under township organization. 9 8 


COUNTY SEATS— 
removal of 


COURTS OF APPEALS— 
St. louis, Court: of Appeals... 6 13 
Kansas City Court of Appeals. 
(See amendment of 1884, at 
end of Art. 6.) 


COURTS— 
COSDESLOD CT are oid eine shivonth cee 2 10 
OSta DMSnin Seed. ato on ee. 4 1 
OMUIMELALSG Vos tate kes oe ol ae 6 1 
Sxistine sto CONntInNUG. +e 6 42 


68 INDEX TO MISSOURI CONSTITUTION. 


COURTS—Continued— Art Sec. 
ORO cmUOULSECOUNTY cr sioner 9 25 
OL, COmmMOon) Clas Schnee: = a 5 
See Clerks, Circutt Courts, County 
Courts, Criminal Courts, Probate 
Courts, Courts of Appeals, Supreme 
Court. 
Amendment enlarging Su- 
preme Court and creating 
two divisions. (See amend- 
ment of 1890 at end of 
VAT Eine Gu) 
CREEDS— 
relleious, pvSUpDPONt) Ofte. ses 2 63. 7 
CREDIT LOANING. Prohibited. 
DYMHVUDICIDALItICSMe cr tee erate 47 
of the State—exception...... 4 45 
DIWCO UIMETOS pe yas he laine eleva ated 9 6 
CRIMINALS— 
may be prohibited from vot- 
1 Wak ne MIT Sr ats aoe NE RD RTA Ie 8 10 
prosecutions, rights of ac- 
CIS CCM ca eeteoe cates Rais tov eteie tae 2 22 
CRIMINAL COURTS— 
may be established, when... 6 OL 
existing, continued, Sch...... ais 4 
CRIMINAL PROSECUTIONS: 
See Inditctments— 
indictment and information 
concurrent remedies ....... 2 12 
PIS NtS Ob ACCUSE sy. aeeiuetneeee 2 22 
NOMSelf-criminatione a. octets se 2 23 
t 
D 
DEBATE— 
freedom of, in General As- 
SIND] aati tenes Menta arenes neta ce 14 12 
DEBTS— 
on behalf of State, created, 
TW IG TO a wcrcesione ote aieeter uke aenemane 44 
of municipalities, payment of 9 19 
Bard Ce Ce aia ess cae eys A oes ares re 10 12 
loaning State’s credit prohib- 
ited—exception ............ 45 


bonded of the State.......... 10 44 
of State to School and she a 


NATTY) GUMS ye he cid ous 26 
(Sch., Sec. 8.) 
DELAY Ot USEING cml anectere etorae 2 10 
DRNVAT wOLimustiGe recht lMeunar 2 10 
DEPARTMENTS OF GOVERNMENT— 

three separate sne oo. owner 3 
DISBURSEMENT— 

OfspUblieetun dsr. v-ueye eens 10 15,16,19 
DISTRIBUTION GH POW DRS... 3 
DUNLING) péenaltyetorkeb one. 14 3 

B 
EDUCATION— 

DETSONSEOL SCHOO Mae Crince mare sie it i 

schools for colored children. .11 = 

HoOaArTdvofscaucatione pene. 11 4 

schools for religious purposes.11 als 

See Schools, School Districts, School 

Fund. 
ELECTIONS— 

to“ be: freew.eae ee os beolee ie ben 2 ¢ 

of Representatives .......... 4 2, 10 

OF SCNACOTS Ce erste cee Cheeta te shes 4 10 

of executive officers. 3... 05... - 5 2 

returns, ties, how determined 5 9 

of judges of Supreme Court.. 6 5 

of judges of Courts of Ap- 

DOBIS Uadivns ices ine eidisaebetrommims ome 6 ie 


ELECTIONS—Continued— Art 
of judges of Courts, § 2 of 

AMENMAMeNn ClO mem cen nnn Ie Luke 6 

OL MCIVCULER UC esas hres ae 6 


of judges of courts of record. 6 
of clerks, ties and contests.. 6 
general, time of holding..... 8 
qualincationspoleveterseeener 
how conducted, contests, se- 
ChE CV ale cyatornecere wy eee eco ae 
voters privileged from arrest. 8 
registration 8 
by persons in representative 
capacity 
gaining or losing residence.. 
who disqualified as voters... 
contested elections 9.0... ...). 
when ballots may be counted. 8 
of coroners 9 


ew) 0) 6, «) @) 6 ae19 ee & 6 6) 26 


Oe" Ss We fe) bio) a oe Use wl el 8) he 


Oooo 


eis! @ 16.60 ehe 6 Bue e Beye rene 


OG Ipc arekstitial ates’ caste cations. leakctenenedss 
EMINENT DOMAIN— 
uses, public andl private... 2 
JuUryetria Lewes crete ress nied: 12 
ESTIMAT ES— 


to be furnished by Governor. 5 


EXECUTIVE: See Gevernor— 


AULD OLItVT Ofer eee 3 
failure to perform duty...... 4 
executive department ....... 5 
duty, of seneraliv, vacweee ar 5 
PArdonin Gs POWeT.....t Lt eer ee 5 
EXECUTIVE DEPARTMENT— 
Officer syxO Loyal caer exces 5 
accounts Kept by officers.... 5 
EXECUTIVE OFFICERS— 
GUETESUGLa eve ote Race ten ckeactet eee 5 
Salariecs*ayid L6es™ focusses 5 
contested elections of........ 5 
existing provisions, as_ to, 
Sch 10,3; Se) a (one 4 he) @ 0's. 6s ee (a fae Sm tens: 
EX POSTREA CLO ASAW Siete eters 2 
EXTRA SESSION— 
BDUSINGSS7OL Se else ore crore ketone 4 
called by Governor.......... 5 


F 


FEES: See Compensation: Salartes— 
extra, of officers prohibited. 4 
OLPpPiUblichOLUGEES'. wicca 5 
not to be increased.......... 14 
limited—quarterly returns... 9 
OLMCOUNtTY OLfGers. foe eae 9 

FRLONIES— 

NOWHDILOSECGIRLEG2 E onteieie ote eka 2 
GE f MEd OR LE een cc vidas erate evant 2 

FINES— 
excessive, prohibited ........ 2 

FORFEITURE— 
NONnStOTeestates...c. 1.05 a erro 2 

FORMER ACQUITTAL— 
GEACONVECEION eee tne tate vA 

BRED DOM OF SPA Ciara ss 2 


FREE PASSES— 
acceptance by publie officer i 


prohibited. Verse eae eee 12 
G 
GENERAL ASSEMBLY: See 4é- 
sent members: Legislative proceed- 


nos 
eertain officers not eligible.. 4 
organization and rules....... 4 
quorum, absent members.... 4 
sessions to’ be public......... 4 


bo 
—) 
' 


he _ bo bo bo 
ol fr] Cte bo 


oO 
wy 


INDEX TO MISSOURI CONSTITUTION. 


GENERAL ASSEMBLY— 


Continued— Art. Sec. 
PR Ve TOPE ITIOCCLILE 2% 515 6: ow) a-0'0: 0 0 > 4 20 
PIMUSMETITTLCILG, (5 ov alsst’n waipliclsys «we 4 21-23 
Governor may call extra ses- 

KES aR aes ap i REO, A Cnn eae me 5 9 
TrecadoOm OL GeDSBte 4. ss sls 14 12 
members free from arrest....14 12 
delegation of authority...... 3 

GOVERNMENT— 
originates from the people... 2 1 
may be altered and abolished 2 2 
local self-government ...... 3 
PPT PUN et eo cdh tier dark, +, «eta 2 4 
three departments Seer ea Nacteticlers 3 bee 
GOVERNOR— 
MOOTOV olwOlmbll Siti... + oc 4 srs ase 4 38 
bills returned without ap- 

TEC WEL OE PeOUr edhe ta nts csjol wiciiat's: Sn) 34 edehc 4 39 
Trarturedco, DErform <cuty <<... 4 40 
of the executive department. 5 il 
residence to be‘at capital... 5 | 
election and term of office.. 5 2 
PE OMEMOE TOUR OL alee fete tintateis 8 5 2 
returns of election—tie ..... 5 3 
the chief magistrate ........ 5 4 
ileeteeCAtlOIS OL ls che cle seo 5 5 
CuLriesmorecenerally” 3. 6.ac. 5 6 
mMavecal lant militia oe. is4. 5 a 
pardoning power............ 5 8 
to give information to Legis- 

GW Ee 3 Soe a ae ee eee 5 9 
may call extra session 9 


5 
5 

WITS aE Cae OLe be Wks: sin) sc tene hee 5 

to account for moneys ...... 5 

to fill vacancies im office.... 5 11 

duty as to bills presented... 5 

may object to part of bill... 5 

resolutions presented to..... 5 

may require reports of de- 
PIE CEIMO TEE Sirtniate, shove rsaecbereie © acs 5 Mes 

commissioning officers ..... 5 


GRAND JURY: See Jury— 


to consist of twelve men.... 2 28 
duty as to public officers....14 11 
H 
HABEAS CORPUS— 

writ not to be suspended.... 2 26 
jurisdiction of Supreme Court 6 3 
jurisdiction of Courts of Ap- 

ROHS Ra eros ei eree ais ote/ cites es 6 12 


jurisdiction of Courts of Ap- 
peals, § 4 of amendment to. 6 


I, 
IMPEACHMENT— 
COMED IDLO ILO tineteis Geos oleh to coke f{ 1 
proceedings generally—pun- 
Pera ihh ea) Lae Cees SMe ia te 7 2 
IMPRISONMENT FOR DEBT— 
RIMMER COC Mike sinha Me sue oko oe claes 2 16 


INDICTMENTS AND INFORMATIONS— 
iymeCrintinel: CASES). sss Sei asel 2 12 


CCR TE EO TAO Desert: tia, cath heuvtehe ous. 8 6 38 

indictable offenses defined.. 2 12 
INJURIES— 

AEG SEE ah ee, tee MOS dane a ee 2 10 


INSOLVENT LAWS— 
imparing obligation of con- 


OL ELOL eee eg free ras NO Re: ois 2 LD 
INTERPRETATION— 
Cee OTS TO TUT Ole es \.s cielete thats 4 1 


INVOLUNTARY SERVITUDE: 
See Slavery— 


prohibited—except, ete....... 2 31 
J 
JEOPARDY— 
OE OEE RE A on 2 23 
JOURNAL— 


of Legislature, to be pub- . 
FU Se SNES en 4 42 


JUDGES— Art. 
election of—ties and contests 6 
ViELCL Gy ell nOLG LOO tel. Wik news Gee ase 6 
MALE RLS L, dstoue scan haath ie) a6 atk secns 6 
OPP CO UNL VmGOLLE Us ath 5. uviciede da. 6 
LORe eu eMbG Ne teTat bh (A ety Oe a oe eek 6 
QUE ITCACIONS MOL: se wees sitvena ts 6 
DIrOVIsiOns Lor additional Ju.. 6 
Wiel LL Oy geld) O LUT Cen orc ete ote dele od 6 
TSTWORRGL OU Lume atepel ei kite w cleats. ane 6 


OLaCOUrtS sO A DNGAISE ce. ele 
of Courts of Appeals, § 2 of 


GHVENANION CawetOM do sai ctely olson 6 
CLULUVesOLen CUGE Ss sate iatorne | vie. whats 6 
OL SUDECMSmCOUr wa. cis slate 6 
NUNS VaAULICS PEt. peeks cleans 6 
CUB CA tiOnis someraancde cietence o. onaye 6 


JUDICIAL DEPARTMENT— 
ot the various courts ..5 ..3.. 


JUDICIAL NOTICE— 


of charters of large cities. 9 

OLeChHArtenlOLest-scOUISs wim 9 

of legislative actss 5.35 ....).. 4 
JURISDICTION— 

Ore ot DremenCOuLt. snide .0e oe cleue 6 

OL4COUrt OLMA DN Gal Sie os cieue = 6 


of Courts of Appeals, § 4 of 


ATVENGMVETIE PEON wre ttecevet se arehe 6 
OLFCIOULENCGHEUSA Ul. eee terre 6 
OL PrOoveveaCOUTUS is cits ee cles 6 
Of COUNTY GO METS 5 ire winks si otane one 6 
ONETEV OES a ietetswroruteds oie eratoicaers 1 

JURORS: See Trial by Jury— 
no religious qualification.... 2 
JURY: See T7rtal by: Grand Jury— 
in condemning property..... 2 
discharce: -whene ioc stereo abs 2 
rea Repel anape here None Sb Aae chy Amy ea 2 
JUSTICE— 


without delay, denial and sale 2 


JUSTICE OF THE PEACE— 


INTIS OTVOT A eel ness cree euitm etisks fol o.te 6 
K 
KANSAS CITY COURT OF AP- 
BRAGS iis eran aie nde eet eer ie 6 
and amendment TO eCuenoeN Reka ris 6 
L 
LAWS— 
time of taking effect......... 4 
TEVISIOTIVO Galerie che ct meal tet cle eet 4 
LO CATING TI COYVO he ciacuscueiets prerelease 4 


to enforce Constitution, Sch... . 
SUV HELO Losin Gierekercusush chal tienen onepn evens 4 


HO War SSC Gimeaccstaks ke okeuetene cute, cc 4 


LEGISLATIVE DEPARTMENT.. 4 


LEGISLATIVE POWER— 
ATs VETLET Al We teten we heaton ets 8 4 
vested in General Assembly.. 4 
LIMITER ETONGON ace alae ches eleien srs. erete 
special legislation prohibited. 4 


business of extra sessions.... 4 
LEGISLATIVE PROCEEDINGS— 
SCV SRO L. LE WS cies ans ieane¥s soiseshs telus 4 
amendments and reports of 
GOMMMILLEOE Sew i wcpicene Geoee ssa tite re 4 
revival and re-enactment.... 4 


amendments by striking out 


and inserting words........ 4 
MIGLUONALO.LeOCON SIG Ol. asi sis ens 4 
resolutions presented to Gov- 

STIG Veen acta eas athes huni aeons 5 
Ordersot-appropria lion. casa. 4 
bills, laws to be passed by.. 4 
PINESNUUISITE 2 Cam soci sir dyack aoe 4 
to be reported upon and 

peperh sexys k SYM been Cha AONe © ee 4 
to contain but one subject.. 4 
TECULN VA MOnGdead) sont warewanerd sieres 4 


69 


Sec. 


37 


12 


70 INDEX TO MISSOURI CONSTITUTION. 


LEGISLATIVE PROCEEDINGS— 


Continued— Art. 
finalPvote FOM Aisle clatelatate custo oie 4 
to be signed by presiding 

officer Ney Os Wehr arei cet ate 4 
approval of, by Governor. 4 


returned without approval... 4 
Governor’s duty as to 5 


oeoeeee 


may object to part of....... 5 
LEGISLATURE: See General Aseembly. 
LIBEL— 

defined TA Pattee skorntan creccasuor ete 2 

Crucis iny 6VIGeN Glew. eee eee or Z 
LIBERT Y— 

Sonacuraleris tee eee sind aisie ace 

actevidlating rTicht ots... 2 

association with thieves .... 2 

religious ie ele tte e ale ont Wiehe 2 

no person deprived of with- 

Out Gue process. ess5- 420 - 

OLWCONSCIEN CE a. eee seek 2 
LICENSES— 

contracts with the State.... 2 
LIENS— 

on railroads not to be re- 

LEASCO Maid Fehon Cae eta te whe eters eons 


LIEUTENANT-GOV ERNOR— 
is of executice department.. 5 
election, term of office...... 5 


returns—ties, how deter- 
BXVTTRC i Se catece tee lola @ialtec sre oe 

qualifications and duties.... 5 

to act as Governor ........ 5 


LOANING CREDIT PROHIBITED: 
See Subscriptions— 


DYe Mun CiIpalitiesi. seen sent. 4 
of the Papen cen erg is 4 
by counties ONG Ruel he 9 
LOANS— 
rayonerhkor weakens (be ays ae page add 10 
LOTTERIES— 
contracts# with sStatem. «a: we. 2 
Drohibited yews. oe ee eRe 14 
M 
MANDAMUS— 
jurisdiction of Supreme 
COUT Tye aokecta ans chek sahara arene 
MESSAGES— 
ofsthesGovernorecnw ceisler: 5 
MILITARY— 
subordinate to civil power .. 2 
quartering as cn k Rak Ames yc 2 
MILITia— 
Governor may call out ...... 5 
persons liable to duty ....13 
Oresanizatione O Lie ce ieeceseatete G53 
election of officers ........ ibs} 
volunteer companies ....... ibe 
privilege from arrest ...... ibs 
appointment of officers ....13 
public arms and records....13 
MINISTERS— 
SUPDORU™ Of Vasie! Ha aiscerter: Wie tens 2 
MISDEMEANOR— 
prosecuted ehOwiee see ee ee 2 
AN SOLLICS DT, sieveimelciertck tote clekenetcerene 14 
MUNICIPAL CORPORATIONS— 
extendineelimitser.cs cs eee 4 
loaning credit prohibited 4 
loaning credit prohibited.... 9 
subscriptions by, prohibited. 9 
payment of indebtedness.... 9 
property exempted from 
TAXES ON ce etecnete chewete oe oaths 10 
taxation yO. se cpr Serer 10 
indebtedness limited ........ 10 
for waterworks, etc., in cer- 
tain citiesiiso soccer. 10 


private property not sold to 
pay debts F 
See Cittes. 
MURDER— 
bailable, when 
bailable, except murder in 
ther first sdezrees. 6 eee 2 


oe eee eww ee ee 


N 
NEGROES— Art. 
SCHOOLS SLOP D5. a poses iemenek lee vk 
NOLLE PROSEQUI— 
not#albare wheres sere one. 2 
NON-RESIDENTS— 
lands» howe taxeas-e.. ses 14 
O 
OATH OF OFFICH— 
members of General AS- 
SEMDILY.) (oA is Gre ere oie ote eer enete 4 
wenerally Wale tien Pacts one nete 14 
OBLIGATION OF CONTRACT— 
lawSwimpalring eee eee ee ere 
OFFICE: See Vacancy tn Office— 


no religious qualification .... 2 


contract with State ........ Z 

members of Legislature dis- 
qulialified Paar tee ene ees 4 

vacancy in, filled by Gover- 
NOLS: aoe eee ee eek 14 

aliens, etc., cannot hold .... 8 

CliZiDILICy pee ere es ore tee res 8 

OFFICKRS— 
must give time to duties.... 2 


collectors and receivers, fail- 
UreLtoeaccounte.. eee eee 2 
not eligible to Legislature.. 4 
extra pay prohibited ........ 4 
commissioned by Governor.. 5 
of U. S. not eligible to State 
office ... 14 
removal for misdemeanor... 14 
appointment of, generally. .14 
MUNICIPAl; CXtraveesceeeeee ae 9 


oeoecececoe eee eee se HO 


cannot hold two offices.... 9 
existing continued in office 
SCR AWEAT  Oaralelet Aa aietels, Gheh ee Ee 
CINE ON Oo 


of Courts of Appeals 
of Courts of Appeals— 
amendment to 6 


©) a 0) 6S) 6. ey Se) 4, ane 


of Supreme Court, publica- 
CIONLO faces sos he eee ee 
ORDINANC HO Hug S 6.5 ener 10 
12 
PARDON— 
for acts done under military 
BUuthHOLIC yee cece a dere rack 
power to, vested in Governor. 5 
PAUPERS— 
Cannots VOUC re ue ecreeitea eee 8 
PEOPLE— 


origin of political power 2 
regulation of internal affairs. 2 


PERJURY— 


DYASLELISIATONS He eee ee 4 
PERSONAL LIBERTY— 

avnaturalerio nto. a eee 2 

VIOIAtINE wrist O Leen arene 2 


‘not to be deprived of without 
due process 2 


S'S. 0 CLw e468 eo) wee ee 


PETITION— 

TICHt OL Ge cet oe 2 
POLITICAL POWER— 

O©FisinyOfwe ties See eee 2 
PRACTICH— 

in-CourtsOifAppeal Sierras 6 

in’ probate; .courtse. en eee 6 
PREACHERS— 

SUDDOTtTHMOL! A hetc eee 2 


PRELIMINARY EXAMINATIONS— 
underspiIlOreriehts cz ae 


PRESIDENT OF SENATE .... 5 


PRIESTS— 
support of 


9 #8 6) 6) 6 6 


Sec. 


43, 44 


La 


INDEX TO MISSOURI CONSTITUTION. 


Art 
PRIVATE PROPERTY— 
tTARGUetOre private use) ..\...¢. 2 
PROBABLE CAUSE— 
for searches and seizures.... 2 


PROBATE COURTS— 
jurisdiction, practice, clerks, 6 
existence continued, Sch..... .. 


PROCESS— 
PO CEUM IT Sle CASCS ari. cas wc cist: 2 
LOST ein enaine or state... «oc 6 
PROPERTY— 
STIG MELOIFCMO LE we tics cl vicleclettts « 2 
PROSECUTIONS— 
HYMUNOLCLIMON tarsi ete oo) oS 2 
MTT INOS OLMSLALOr a os ss Gis cic 6 
PUBLIC LANDS— 
GISDOSTHBOLED Yi Uew Se cls was ce 14 
CETTE Sorc aa lt ors ate ate. al ieee ek 14 
PUBLIC MONEY: See School fund— 
statement of receipts, etc...10 
not to be used to support re- 
RUE LO MMM ei cts Ms chelate cake wk cuctalare 2 
grant of, prohibited Biss te tate 4 
Governor LORACCOUNTSLON. ey. 5 
MLOLWaRELES INUIT SGC cio ois aia ce Sele sre 4 
MBUOSLEMNO Lerman. ct mentee soe oh 10 
LOA LerSeaccOunts, <ascse a: 10 
SOC ENGR 98 the os Sig che a ices 10 


PUBLIC RECORDS— 
where and by whom kept.... 5 


PUBLIC USE— 


aepudicialeguestion w.o.c.. ees 2 
Dropertye taken for 2.<..... 2 
PUNISHMENTS— 
Sruchmepronipited’ 252.55... . 2 
Q 
QUORUM— 
in General Assembly ...... 4 
MMe AUDLemonrCOurt se... 6. ce 6 
Mie cCUrLS OL sAppeals) . :. «+ 6 
QUO WARRANTO— 
jurisdiction of Supreme 
ORC ee ere, eels. hae ttee 6 
of Courts of Appeals— 
STON OTHE G4 tee eee. 2 ak 6 
R 
FeAty ROAD S— 
State lien not to be alienated 
ee rnaets © 4 eer el ae dus a ee ae 4 
subscriptions by municipali- 
SASS cage Bg AP gh ar ae ig a ae 9 
GDR TUMAM ae ats te Po cie aniele ea’ ok. 10 
Dimersaiimation <.a.c. fe eS. 12 
commutation tickets ....... 12 
construction of, freight of 
CUNOMMTrOLdS gar etc oe oS 12 
ALOmOUDLICHNISNnways #2... «- 12 
to keep public office ....... 12 
mIesUNeseand sreports® .... 2. 12 


property subject toexecution.12 


consolidation with other 

COMGATLICH ats e sn Shits cs ld etark 12 
og Be Orel eee 12 
BT rCeumrallvOddsStarc caer. 12 


benefit of future legislation.12 
officers not to be interested 


in business of road ...... 12 
not to grant free passes to 
eee ee A rahe eee Ss 
RECORDS— 

BeEmUUreme Court... sixs\'s vs 6 
REDRESS OF INJURIES ...... 2 
REGISTRATION— 

Up eG y Se go) ee ere 8 


Sec. 


20 
rie | 


34, 35 
3 


a 


bot ee 


71 
Art Sec 
RELIGION: See Churches— 

freedom of worship ........ 2 5 

relizious qualification <-. .... 2 5 

INGiIduUalss SuUpPOTt. OLss. ei. 2 6 

NOPAIGH DY la LOM Net bee ls 2 T 

no discrimination against 2 T 
RELIGIOUS CORPORATIONS— 

HO We CLOALG Gut cg otek) ore what cle kee 2 8 

NoOldInewrealwestaler.. wes sts. 2 8 
REMEDY— 

afforded for injuries........ Z 10 

LA Wee lI DaAITIN eS etre) wee ac 2 15 
REMONSTRANCE— 

TISTCROTE eee ee cesses eee 2 29 
REPRESENTATION— 

OLN Wa COUncLle sau] sierecteiet) 9 2 
REPRESENTATIVE DISTRICTS— 

division of counties ~ 0.255... 4 3 

alteration, contiguity ....... 4 9 
REPRESENTATIVES: See Sén- 

ators— 

election and appointment... 4 2,8 

CLI STOLITEV Me mes dee cies ete ee ee 4 4 

number until apportionment. 4 8 

TimMemoOLMeleCtin gs  crracetene 4 10 

cannot hold another office... 4 12 

removal vacates office...... 4 ale 

boa Chie Ole O10 COntarcact a cia od crure als 4 15 

COIMPCUNSA LLON a O Lewes wettest re 4 16 
RESTRAINT OF TRADE— 

LAS ORCA lies coteissciees cee: weeps 2 4 
RETROSPECTIVE LAWS ..... 2 iis 
REV ENULH— 

to be paid into treasury, 

TOWae DLS OU Cerise tie eee 53 
See Jaxattion. 

EREViISTONSO© RIGA WS sere erere 4 41 
RIGHTS— 

OTE DETSONIS Mia versie: trie seo cree 2 4 

OLM CONSCIENCE wernaie eo e ateke lene 2 5 

Obs SUIETA ES Eyer eae areca eet era eae 2 9 

CO DEALT ALIMNS a aciw cis oe col cleans ase 2 aki 

of petition and remonstrance 2 29 

PESCIV Critbe te cree a ence ere eer fa 2 32 
RIVERS— 

JUEISATCLION Olea cierhys oilers es on 1 1 

COMMON DLE IE WAY eee claere <feceieters 1 1 
ROADS AND HIGHWAYS— 

special tax levy for, author- 

ized ere aheccae ais tetekolare taba! chou 1 lla 

RULES— 
of General Assembly .. .... 4 17 
Ss 
ST. LOUIS— 

maynextend Hmits se. .see. oss 9 

adoption of charter ........ 9 20, 23 

COUTTS 01 Lhe wl wee aes 9 24 

subject of general law...... 9 25 
Sie Louise COURTAO, END Setar any 

TULISAICLLONS OL mrseicn cr eete tess 12 

appeals to Supreme Court .. . 12 

number, election, etc, of 

UIC SOS Bileret eee athe Seeratocereteta ye wrens 6 13 
quorum, terms of court, etc.. 6 14 
rules of practice, opinions.. 6 15 
terms of first judges, presid- 

TT UOT Sie wrestle, te sie re ae 6 16 
shajetouhaymaaepelr 5 pace ING etechn to C 6 ales 
ClerkwoOl) COMULE a. «aie « 6 18 
cases Supreme Court certified 

CO Manes OME weaves osbik aaoeia stevens oasis 6 19 
when ‘cases trip blew cee 6 20 
appellate jurisdiction. 6 27 
applicable to Kansas" “City 


COULTLO LCA D DELS meer teens siennee 
See Amendment to Article 6. 


72 INDEX TO MISSOURI CONSTITUTION. 


SALARIES: See Fees— Ant: 
of executive officers........ 5 
OL SUMS CSA ry mmr cent Seuss) 6 6 

SCHEDULE— 


to take effect at once, Sch.... 


SCHOOL DISTRICTS— 
not entitled to public money, 
when iBall 


a CiGeG" 0 VIO Le ce 16. 6). pier bie) ia Lee e 


SCHOOL FUND— 


ATV BEN OT Als cre eeisos ie tae seen aes PALL 
GiSDUrSeEMeNnlwOlwe..\-w eee eh: 
certain districts not entitled 
LOTR aeleks cesad ered otetene cuedernees 11 
CLEOTLCHEN CY MIN is oe tere kh steontenel cits Tt 
county school) fund ~~... .:. ial 
INVESTMENT: Offset ece ante 11 
certificates of indebtedness 
COP Ros a card ans Roe eke tele oe tke tone iace 10 
SCHOOLS: See £ducational— 
exempt fron taxation S..%.. 18 
SHA LVORY STAB eis © sets isi ier erste 5 
SEAMEN— 
CANNOtMVOLCMEr Torneo ciel oaettieca: 8 
SEARCHES AND SEIZURES— 
security from 
SEAT OF GOVERNMENT— 
notato perremoved sane ee ee 4 


SECRETARY OF STATE— 
of the executive department 5 
to reside at capital 
election and term 
returns—ties, how determined 5 
GualitiGationSvoOtmuny hemia se ynvee 5 
eustodian of seal 
to eat eM oe rhe acts of Gov- 


eee wr eee ere 


SEN OT Meeaaiuche hols bated pele crateietae 5 

duties of. bie cied Na at td tS ea Sim Sees To 5 
SECTS— 

SUP DO CIAO Germ essen tetatele eee 2 
SELF-CRIMINATION .... .... 2 
SELF-GOVERNMENT— 

INTER CNCTA Lae ree ee ad crete 2 
SEMINARY FUND— 

pee Sed ks of indebtedness 

Oe erie Se RL, erections 
SENATE— 

president of—pay, etc...... 5 
SENATORIAL DISTRICTS— 

in\ Sen eraUae wo cca we eee ere 4 

division of counties ........ 4 

alternation, contiguity. .... 4 
SENATORS: See Representatives— 

limited to thirty-four ...... 4 

Cli Sill ty yee eet eee ani 4 

AD PDOGLLONMENT geet ee ae eee 4 

time OFWeCleCLin 2 Wr naceiae oer 4 


cannot hold another office... 4 


removal vacates office ...... 4 

Oath foTMOmLCewy A sau ichers 4 

eo0mpensationai... cieisae and: 
SHERIFFS: See Coroner— 

election and appointment of. 9 

V ACETIC abies fonelichete ohabecnxet ete Mel ei eit 9 
SLAVERY— 

Dron Hite eee cncie sme Claes « 2 
SOCIETIES— 

NOt s taxed wee As ices leter ome 10 
SOLDIERS— 

CANNOT AV OGeN Ck Winmictcod koran. 8 


Sec. 
24 


33 


14 


11 


56 


ix) 
= 

np tH 

No CMOWNHH 


far) 
bo 
oO a 


11 


SPEAKER HOUSE OF REPRE- 


SENTATIVES— Art. 


to act as Governor, when.... 5 
SPECIAL JUDGE— 


inv SUPLTEMEe COUT tweed eee 6 
in .CircuitisCourth cee 6 
SPECIAL LEGISLATION— 
prohibited tes... {eee eee eee oe 4 
notice of local ‘laws a iersestey cy 4 
SPECIAL PRIVILEGES— 
irrevocable jerantuofe ce. aes 2 
STATE— 
cannot support religion .... 2 
property not taxed 


payment of bonded debt, Sch.. 
certificates of indebtedness. .10 


STATE AUDITOR— 

of executive department .... 5 

to reside: aticapital o...0.... 5 
election, term of office...... 

returns—ties, how 

mined She teas ieneas 


6\\o 0 © eco fe:e 01 « 


STATE INSTITUTIONS— 
to furnish information to 
GOVeErnor eee eee carton 


STATE TREASURER: See 
Treasurer— 


STATE UNIVERSITY.. 


STAY LAWS— 
unconstitutional... CnPaenmes 


SUBSCRIPTIONS: 
Credit— 

by State prohibited 4 

by municipalities prohibited. 9 


SUFFRAGE: See £lections— 
right of not to be interfered 


See Loaning 


6. CP sie 6/8 


LTH acdc an nha eter ere eens aes 2 
SUICIDES— 
estates not to be forfeited... 2 


SUPERINTENDENT PUBLIC 


SCHOOLS— 

of executive department .... 5 
tOeresidesat Capita lar weeeees 5 
election, wteriny GLCy a erieter ee 5 
returns—ties, how deter- 

Min Qasr oe ele hecoke sattetors 5 
Cualitication SOL ers asc iaeer 5 

SUPREME COURT— 

AULISAIC bi Only to ees tose ree rcnekot ed ee 6 
MAS ViMLSSUCMWLiItSi i cession ce 6 
also sec. 3, amendment 1890. 
FUGLES VLONIM LS stare weet betonsrs 6 

number of Jp ORS: quorum, 
CUTLER ieee vei s eee et 6 
also sec. 1, “amendment 1890. 

qualifications sae hdinilincke Roots crashes 6 

full terms, appointment . 6 


also sec. 2, amendment 1890. 
terms of present judges. 6 
time and place of court.... 6 
accommodation for 6 
judges divided in opinion .. 6 

also sec. 4, amendment 1890. 
special judge 6 
clerks and records .......... 6 
decisions of 6 
division to be dispensed with, 


a) @ 6) (0. 6 joie) /@ 


ee ee “sl s) sue, 6, 2 61's fe 8 


cece ee ee wee ewe eee 


AMENAUMENtH ISI 0n eee 6 
inconsistent provisions” re- 
pealed, amendment 1890.... 6 
Ab 
TAXATION— 
OLA CcOLvporatlionse seen Pace cits 
OfcCOTporationswa. oe wee 10 
OfP TIES. San asi cere aie 14 


22 


bo 
own Nre 


RPSOOCO AMD T1 — COW 


a 


43,44 


_ 
rancor 


INDEX TO MISSOURI CONSTITUTION. 


TAXA TION—Continued— 


‘ape makepet deci ptokssalt:h Ath een ee eee 14 
taxing power 


for public purposes to be 


AISTU LOLI eerie edie weer wal e's 10 
in proportion to value ...... 10 
WIE MORLOS Aiwcersstaicic en velmic 8 e's 10 
COMICON Sib we tm cat aps Saker oes @ 10 
rate for State purposes...... 10 
liability of municipalities ..10 
for municipal purposes ....10 
rates for local purposes...... 10 
TOR MVORGIPULDOSECS ces pe esc ss 10 
under ordinance of 1895....10 
LOMEDUVERSLACOe OGEDE... ccs + sa 10 


rate to pay interest on cer- 
tificates of indebtedness. .10 


TEACHER— 

REMI PEEL OTL Moire te caine civeue ovele eters 2 
TERMS OF COURT— 

OMe SUDEeMesCOULL: celle cies ac 6 

Gh Courts. Ot Appeals). sc tas. 6 

OeGtrouLtbe@OUrts . ss's5... ss a. as 6 
TERMS OF OFFICE— 

boy yeyey Ven ech ly Ol SERGE eh ee ee 14 

AYie Se RIROLO aegis ic) asc alates ote sie a 9 

POURtOMDeEEeXLENGE Fn ce ses 14 
TOWNS— 

organization and _ classifica- 

(eae "Qik aldeas BRR cuore 

TOWNSHIP ORGANIZATION... 9 
TOWNSHIPS— 

subscriptions prohibited..... 9 
TRAD E— 

BESET CLUE) CO Lauter Pate uel es) cca) sel she sriaie 2 
TREASON— 

defined, punishment.......... 2 
TREASURER— 

of executive department..... 5 

RORLESIO@uae Capi Gal co <fersateve © 4 

election, term of office...... 5 

Pepe OLOCELONM EOL sreptes so) sestiene cerns fas 5 

returns of election—tie, how 

POLEEMIITICG Pa ccs vie 6 oss hs lees a 

Pure atlOU SiO Lars cin. aos elec: os 5 

deposit of State funds....... 10 

RCCL) CAMO) Lr netel icsve wee inte cre eon 66 10 
TRIAL— 

to be speedy and public..... 2 
TRIAL BY JURY: See Jury— 


he LUMO LAO TE  o ce Loos os bch) aleve 2 
ide SIPremer@Ourt....o2 sh sets co 6 


Sec. 


13 


pe pe 
Aonwow pnnpoee 


TRIAL BY JURY—Continued 


in exercise, right of eminent 


domain . 


U 


USE: See Private and Public use. 


Vv 


VACANCY IN OFFICE— 
Writs OL election to filles... 
HWNCGRD vaGOVETrNOIae ce oe 
OF CLLCUIitE TIAS OS ac plete se) « sss 
CLA Uceesesenerall yee. 
of sheriffs and coroners...... 


VERDICT— 
reversal, retrial of accused.. 


VESTED RIGHT— 
Pishtveo, votenis note etomen we 


VOTERS: 
residence, 
LOCUM EW ICUs 2 a wnat ater os ces hed vietcns 


WAR DEBT— 
DAVINCH tro Le eee creas enenee 


WARRANT— 
for searches and seizures.... 


WITNESSES— 
no religious qualification.... 
in prosecutions for treason.. 
right to meet face to face.... 
Pie ntecomproce ssc. aeie enon. 


WORSHIP— 
religious . 


WRITS— 
issued by Supreme Court.... 
CounrtzofeA ppPealstaies see 
to run in name of State..... 


WRITS OF ELECTION— 
to fill vacancy in General As- 
sembly . 


6 je ol ga 10 6 6 4) 8) © wis « © @ © ’e 


© (0) 6: 'e:-4! Be Ole Is; Bw '6, 0, wile Je Je 


WRITS OF ERROR— 
where returnable, Sch.......- 


NC 


YEAS AND NAYS— 
demanded, proceedings 
Onin VOES TOMS Dillon ms ichees 
ON sAINEGNGMENUS cee tiecae aie oie 


ie: Nee to. 


See Election; Regtstraticn— 
change not to af- 


bods bs bO 


42 
32 


PAU I Il 


Sere we bos 


COMPILATION OF LAWS OF THE STATE OF 
MISSOURI, SPECIALLY APPLICABLE 
TO THE CITY OF ST. LOUIS. 
(ANNOTATED). 


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A COMPILATION OF LAWS 


—OF THE— 


STATE OF MISSOURI 


SPECIALLY APPLICABLE TO THE 


Cle byr OLS aE CET. 


Including those passed in 1907 by the 44th General Assembly. 


CONTENTS. 


Chapter 1 —Advertisements, legal. 
2 —Animals, restraint of. 
2a—Art Museum. 
3 —Bonds, indemnifying, to officers. 
4 ——Bridges and Tunnels. 
5 —-Courts. 
Article I—Attorneys, circuit and prosecuting. 
Ii—Circuit Court. 
Il1I—Probate Court. 
IV—S&t. Louis Court of Criminal Correction. 
V—Juries. 
Vi—Justices of the peace and constables. 
ViI—Juvenile Courts. 


*Laws specially applicable to City of St. Louis, when valid, and when void, on the ground 
of being special and local. 


(1) The following were upheld as not being obnoxtovs to the constitution as spectal legtslation, or 
local law; 


Juventle Court Act: Ix parte Loving 178 Mo., 194, with full discussion of the cases 
on the general subject. 


Registration and Election Law: State ex rel. vs. Mason, 155 Mo. 486; Ewing vs. 
Heblizelle, 89 Mo., 64. 


Metropolttan Police Act: State ex rel. vs. Mason, 153 Mo., 238, 52. 


Justices of the Peace and Constables Act: Spaulding vs. Brady, 128 Mo. 653 and 
cases cited. 


Sheriff Act: Kenefick vs. St. Louis, 127 Mo. 1. 


Dramshop: See cases cited in Chap. 8 ef these laws, sec. 229-236; also State ex 
‘rel vs. Bell, 119 Mo. 70, 76. 
School Board Elections: State ex rel. ws. Miller, 100 Mo. 439. 
(2) Legtslation Held Votd as special and local: 
Perr ate Judge on Salary: Henderson vs. Koenig, 168 Mo. 356 and see cases there 
Os . 


Election Law providing a severer penalty for St. Louis than provided by general 
law on same subject: State vs. Anslinger, 171 Mo. 600. 


Boulevard Act, prohibiting any but residences, etce., on certain streets: St. Louis 
vs. Dorr, 145 Mo. 466. 


Reconstruction of Streets, special tax bill—cost unlimited—Murnane vs. St. Louis, 
123 Mo. 479. 


Amendment of St. Louts Charter by implication: Murnane vs. St. Louis, 123 Mo. 
479; St. Louis vs. Dorr, 145 Mo. 466. (The doctrine of these cases forbidding special 
amendment by the legislature, of the eity’s charter, on municipal subject was subse- 
quently receded from, and it is now held that St. Louis is notin any one of the classes of 
cities established by the constitution, but is organized directly under Secs. 20-25 of Art. 
IX of the constitution: State ex rel. vs. Mason, 153 Mo. loc. cit. 52; Kansas City vs. 
Stegmiller, 151 Mo. 189, 204; State ex rel. vs. Mason, 155 Mo. 486, and other cases. See 
on this point introductory note “General Considerations on Charter,” at beginning of 
charter provisions, and as to amendment see Chart. Art. XVI, see. 19.) 


Judicial Notice is taken by the courts that St. Louis is the only city to which an 
act applicable “to cities of 300,000 inhabitants or over’ will apply: State ws. Anslinger, 
171 Mo. 600, 610; State ex rel. vs. Miller, 100 Mo. 439, 450. 

And that St. Louis is a separate political sub-division of the State: State vs. 
Nolle, 96 Mo. App. 524; hence all appeals to which the city is a party go to the Supreme 
Court. See Charter Art. XVI, Sec. 6, and note. 

As to judicial notice of the Charter see note on “General Considerations Respecting 
the Charter,” introductory to the Charter. 


78 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP si; 


Chapter 5a—Crimes. 
6 —Damage suits. 
7 —Dentistry. 
8 —-Dramshops, Excise Commissioner. 
9 —Election and registration. 
Article I—Miscellaneous provisions. 
II—Board of Election Commissioners created—registration 
and conduct of elections. 
IiI—Primary elections not covered by act of 1907. 
IV—Primary elections in general. 
Chapter 10—-Firemen’s pensions. 
11—Flour, inspection of. 
12—Holidays, Saturday half. 
13—Hospital, social evil. 
14—House of Refuge. 
15—Laws, construction of. 
16—Libraries, free public. 
17—License Collector. 
18—Liquors. 
19—Markets, public. 
20—Medicine and Surgery. 
21—Moneys, public. 
22—Morgue, establishment of. 
23—Parks. 
24—Police. 
Article I—The police act creating board and authorizing appoint: 
ment of force. 
II—Pensions of policemen. 
IlI—Holidays, to officers of police. 
IV—Special police officer of Humane Society. 
Chapter 25—-Pharmacy, practice of. 
26—Revenue, assessment and collection of. 
Article I—Assessment of property. 
II—The collector. 
IiI—Settlements of collector. 
IV—Delinquent and back taxes. 
V—Assessment and taxation of railroads. 
ViI—tTaxation of merchants and manufacturers. 
Chapter 27—Schools, public. 
‘ Article I—Board of Education created to establish, maintain and 
govern public schools of the City of St. Louis. 
Ii—Pension and retirement fund. 
Chapter 28—Sanitary districts and sewers. 
29—Sheriff and Coroner. 
30—Smoke abatement. 
31—Stenographers. 
Article I—Stenographers in cities and counties having 350,000 
or more inhabitants. 
Ii—Stenographers in counties having jurisdiction in felony, 
in cities of over 100,000 inhabitants. 
Chapter 32—Street grades, establishment and change of. 
33—Street railroads. 
33a—Subways. 
34—-Tobacco and petroleum inspection. 
35—World’s Fair. 


CHAPTER ONE. 
ADVERTISEMENTS—LEGAL.* 


Section 1. Advertisements to be let, when and how.—In all cities having a 
population of more than one hundred thousand inhabitants a board consisting of 
the judges of the circuit court of such cities, or of the judicial circuit in which 
such city is situated, or a majority of the same, shall, on or before the first day 
of January, 1890, and every two years thereafter, cause to be published in some 
daily newspaper of said city a notice of at least twenty days, designating when 
and where said board will receive sealed proposals from daily newspapers pub- 
lished in said city for the publication of all advertisements, judicial notices and 


*For contracts for City Printing see Charter Art. XV, and for city ordinances see 
R. C. Secs. 2036-2046. The above State act applies to publications pertaining to judicial 
proceedings, and does not include sales by trustees under deeds of trust: Dart v. 
Bagley, 110 Mo. 42. 


CHAP 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 79 


orders of publication required by law to be made. At the time and place so 
designated, said board, or a majority thereof, shall proceed publicly to open 
said bids, and shall award the printing of all said publications to the newspaper 
naming the lowest and best bid: Provided, however, first, that said bid shall 
be accompanied by a good and sufficient bond, in a sum to be fixed by said board, 
conditioned for the correct and faithful publication in said newspaper of all said 
advertisements, notices and orders, in manner and form as required by law, and 
according to the schedule of rates named in said proposal, and upon said bond 
suit may be instituted in the name of the State, to the use of any person aggrieved; 
second, that no paper shall be awarded the contract for said publication, unless 
it have a bona fide daily circulation in number of copies equal to at least five 
per cent of the total population of such cities as shown by the last United States 
census; third, that in case said board shall believe that said bids are not sufficiently 
definite or specific, or that in consequence of combinations, or from any cause, 
said bids are unreasonably high, it shall be at liberty to reject all proposals, in 
which case it shall proceed at once to re-advertise for proposals, as hereinbefore 
provided. (R. S. 1899, sec. 4692.) 

Sec. 2. Proceedings when contract expires.—In case said award for said pub- 
lication shall not be made until after the then existing contract for said printing 
shall have expired, the parties interested may, or in case of proceedings pending in 
court, the clerks thereof shall designate in what newspaper the publications re- 
quired in the meantime to be made shall be printed; and provided, further, that 
in case of the suspensions of the newspaper to which such contract shall have been 
awarded, or in case the said contract shall determine from any cause, the said board 
may proceed, in the manner hereinbefore stated, to make a new award of the pub- 
lication of such notices, without waiting the expiration of two years. (R.S. 1899, 
sec. 4693.) 

Sec. 3. Advertisements valid, when.—The publication of said advertisements, 
orders and notices, if made as aforesaid, in the newspaper so designated by said 
board or clerk, shall be valid and sufficient. But nothing in this chapter contained 
shall invalidate a publication of said notices, orders or advertisements published, 
by mutual consent and agreement of parties in interest, in some other newspaper; 
but all publications so made and agreed upon shall be as lawful and binding as 
though made in the newspaper so designated by said board or clerk. (R.S. 1899, 
sec. 4694.) 


CHAPTER TWO. 
ANIMALS—RESTRAINT OF.* 


Sec. 4. Certain animals prohibited from running at large.—lIt is hereby 
enacted that in the city of St. Louis, and in the county of St. Louis, it is unlawful 
for any animal of the species of horse, cattle, mule, ass, swine, sheep, or goat to 
run at large or outside the inclosure of its owner, or be herded on land other than 
that of its owner; and whenever any such animal shall be found so running at large 
or outside of the inclosure of its owner, or being herded on land other than that of 
its owner in said city or county, it shall be lawful for any citizen of such city or 
county to arrest the same and deliver it forthwith to the constable of the ward or 
township or any marshal of any city or town in which it was arrested, and such 
constable or marshal shall receive and take charge of it; and it shall be the duty of 
every constable or marshal of such city or town, upon information given him by any 
citizen of such city or town, and the duty of every constable of said county, upon 
information given him by any citizen of said county, that any such animal is run- 
ning at large or outside of the inclosure of its owner, or being herded contrary to 
the provisions of this article in the respective localities, to arrest the same, and to 
take all such animals, whether arrested by him or by a citizen, without delay before 
some justice of the peace within the jurisdiction of such constable or marshal, 
which justice shall record the size, color, age, sex, marks and brands, and any 
peculiarity of such animal by which its owner would more readily recognize it, and 
when said description is so entered, it shall be the duty of such justice to issue a 
notice, returnable in four days, directed to all whom it may concern, reciting the 
fact that such animal has been arrested and impounded in accordance with this act, 
and containing the description of such animal, and that the same will be advertised 
for sale if not redeemed within four days from the date of such notice, one copy of 
which notice shall be posted in or near the office of such justice by the constable or 
marshal, and another copy of such notice shall be served by the constable or 


*Set out in Rev. St. 1899, pages 2557-2559. See, for general State law, Laws 1905, 
p. 47; Laws 1907, p. 65; Rev. St. 1899, Secs. 4767-4776; for Scheme and Charter provisions 
See Scheme, Art. 35; Charter Art. III, Sec. 26, clause 9; ordinances, see Rev. Code, Secs. 
1576, 1577, 1578 and notation. 


The above State act is constitutional: State to use vs. Aubuchon, 8 Mo. App. 325. 


80 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 2. 


marshal on the owner or owners of such animal, if they be known, in like manner 
as a summons in a civil suit, and another copy of such notice shall be by him 
delivered to the officer having charge of stray-books in his jurisdiction and be by him 
immediately recorded in his book of strays and return such notice to such justice. 
(Laws 1877, p. 194, sec. 1.) 

Sec. 5. Sale of animal, when directed and how conducted.—It shall be the 
duty of such justice, on the return day of such notice, the same or another notice 
issued by such justice having been first returned executed by such constable or 
marshal, unless such animal shall have been redeemed, to adjudge whether such 
animal was arrested in accordance with the provisions of this chapter, and if so, to 
make an order for the sale of such animal, and direct the same to such constable 
or marshal, whose duty it shall be to give notice of such sale by hand-bills contain- 
ing such description of the animal to be sold, and the time, terms and place of sale, 
which hand-bills shall be put up by such constable or marshal at five of the most 
public places in the county, township, ward, town or city for which such constable 
or marshal may be acting, and deliver or send one to any person who such constable 
or marshal has reason to believe is the owner of such animal. Such sale shall be to 
the highest bidder for cash at public vendue, and so advertised for at least four 
days before the same takes place. Such constable or marshal, in the meantime, 
shall securely keep such animal in some place provided by him for that purpose, 
and feed the same plentifully. (Laws 1877, p. 194, sec. 2.) 

Sec. 6. Release of animals, when claimed.—Whenever any person shall claim 
such animal so held, and make application for the return ef the same before sale, 
such justice, upon being satisfied that the person so applying is the owner of the 
same, shall make an order for the delivery of the same to the applicant upon the 
payment of the costs and expenses incurred, and such justice shall note on the 
margin of the description kept by him of such animal, the date of such order and to 
whom given, which entries shall be open for inspection at all times by any person, 
free of charge. (Laws 1877, p. 195, sec. 3.) 

Sec. 7. Certificate to be given in case of redemption.— When such animal is 
redeemed at any time before sale, such constable or marshal shall give to the party 
redeeming the same a certificate of redemption, and include in the same a bill of all 
costs and charges upon such animal, which costs and charges shall be paid by the 
party redeeming the same, and when a sale shall have been made under this 
chapter, he shall give to the purchaser, upon payment of the amount bid, a bill of 
gale, in which shall be stated the amount of the costs and charges attending the 
proceedings, which bill of sale shall be in the following form: 

Sold, this day of , a domestic animal, described as follows: (here 
copy description in notice), for the sum of dollars, the receipt for which is 
hereby acknowledged—said sale having been made in conformity with the stock 
law. Cost and charges $ , constable (or marshal), 
and shall be prima facie evidence of the regularity of the proceedings and owner- 
ship of the animal; and the owner of such animal at the time the same was arrested 
shall be entitled to redeem the same at any time within six months after the day of 
sale, by paying to the purchaser all costs included in the bill of sale, with ten per 
cent per annum interest and the other costs and a reasonable compensation, to be 
determined by such justice, for keeping the same; but before the purchaser shall 
deliver up to any applicant such animal, such applicant shall obtain from such 
justice a certificate, which shall be noted in like manner as an order, to the effect 
that he is satisfied that such applicant is the owner of the same, and upon presenta- 
tion of such certificate to such purchaser by such applicant, he shall have the right 
to redeem such animal, and no person purchasing at such sale shall sell such animal 
under six months from the date of such purchase, under a penalty of double the 
value of such animal, to be recovered by the former owner in a civil action. And in 
all proceedings under this article any party demanding the same shall have the 
right of a trial by jury. (Laws 1877, p. 195, sec. 4.) 

Sec. 8. Proceeds of sale, how disposed of.—-After any sueh animal shall have 
been redeemed as aforesaid, the purchaser at such sale shall be entitled to the 
remainder of the proceeds of the sale of the same, after deducting the amount of 
the costs and expenses paid to said officers, and the owner of such animal at the 
time the same was arrested shall be entitled to the remainder of such proceeds of 
sale after a like deduction, unless he shall elect to redeem the same. (Laws 1877, 
D.WL9Ss sees Se) 

Sec. 9. Fees of officers.—There shall be charged and collected by the officers 
eharged with the enforcement of this article, the following fees: The constable or 
marshal shall receive for each head of horse, cattle, mule or ass arrested or received 
by him, as above provided, one dollar, and for each head of swine, sheep or goat, 
fifty cents; and for the impounding and keeping of each head of the former class, 
twenty-five cents per day, and the latter class, ten cents per day, and a reasonable 
compensation, to be determined by such justice, for the food given the same, and 
for advertising and selling the same, the same fees as are allowed for selling under 


CHAP. 2A.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 81 


executions from justices’ courts. Such justice shall charge and receive the sum of 
ten cents per hundred words and figures for all records had in the premises, and the 
same for any other act required to be done by him as may be allowed by law for 
similar services in other proceedings, and the officer for recording such notice the 
same fees as for recording certificates of strays. And any constable or marshal who 
shall fail or refuse to perform any duty imposed upon him by this article shall 
forfeit his office, and the tribunal having power to fill such vacancy shall remove 
him and appoint another in his place. (Laws 1877, p. 19.6, sec. 6.) 

See. 10. Dispositions of proceeds of sale.—The proceeds of all sales provided 
for in this article, after deducting the costs and charges herein allowed, shall be 
retained in the hands of the constable or marshal making such sale, and his suc- 
cessor in office, for the proper payment of which he and his bondsmen shall be 
responsible, which net amounts, together with amounts paid to claimants, shall be 
reported, giving dates of receipts and payments under oath or affirmation by him at 
the end of every three months, beginning on the first day of July, 1877, to the 
treasurer of public funds for his jurisdiction, and if such balance of proceeds of 
any sale remain in his hands for the period of one year, the same shall be paid to 
such treasurer for the use of the public schools, and any failure to pay over any 
such sum for a period of thirty days after the same shall have become payable by 
him, shall subject such constable or marshal and his sureties to the payment of the 
same and interest at the rate of ten per cent per month, and an action shall be 
prosecuted for the payment of the same in the name of the state of Missouri for the 
use of such school fund. (Laws 1877, p. 196, sec. 7.) 

Sec. 11. Animals from adjoining county.—If any animal, the owner of which 
resides in a county adjoining St. Louis county, and keeps such animal in such 
adjoining county, strays over the southern or western boundary line of said county 
anywhere between the Mississippi and Missouri rivers, for a distance not exceeding 
one mile from such county line, the same may be arrested by any citizen as provided 
in the first section of this article; but no further proceedings shall be had in such 
case, and no costs or charges shall be enforced against such owner, unless upon 
notice given him in writing by the party having such animal in charge, that the 
same has been so arrested, and he fails or refuses, for a period of two days after 
the service of such notice, to take such animal out of St. Louis county. (Laws 
Pela Ds LOG, sec. 8.) 


CHAPTER TWO. (A) 
ART MUSEUM.* 


Sec. lla. Authority for tax for art museum.—When one hundred taxpayers 
of any city in this state which now has or may hereafter have four hundred 
thousand inhabitants or more shall petition the proper authorities asking that an 
annual tax of one-fifth of a mill on the dollar annually on all the taxable property 
in such city shall be levied for the establishment, maintenance or extension of a 
museum of art for the benefit of the public in such city, and shall ask that the 
question whether such a tax shall be levied be submitted to the voters of the city 
at a special or regular election, provided no special tax for an art museum shall 
then be subject to be levied, the proper authorities shall, if the petition specify a 
special election, call a special election, and the proper authorities shall, in legal 
notice of the special election or of the next regular election, if a special election 
be not specified in said petition, give notice that at such election every voter may 
vote “for a one-fifth mill tax for the art museum,” or “against a one-fifth 
mill tax for the art museum,” and if the majority of all the votes cast 
in such city upon such proposition for and against a one-fifth mill tax 
for the art museum shall be for the tax, the tax specified in such notice shall be 
levied and collected in like manner with other general taxes of said city, and the 
proceeds of said tax shall be known as “‘the art museum fund:” Provided, that 
such tax shall cease in case the legal voters of such city shall so determine by a 
majority vote at any annual election held therein: Provided further, however, that 
when a majority of the voters of such city shall have voted for a one-fifth mill tax 
for an art museum, the authorities, officials or representatives of the city whose 
duty it shall be to fix the tax rate for such city shall have the tax for an art museum 
at the rate specified in consideration in fixing the tax rate, and shall so fix said rate 
that with and including such tax for an art museum the constitutional limitation 
ey taxing power of such city shall not be exceeded. (Laws 1907, p. 94, 
sec. 1. 
TE ee ee 

*This act of March 7, 1907, providing for the Art Museum (Session Laws 1907, p. 94), 
did not appear in time to be included in numerical order in the compilation, so’ is in- 
Serted here with alphabetical letters after the numerals. The authority conferred to 
Submit the question, whether the tax for the art museum should be imposed, to the 


voters, was exercised by the city in ordinance 22903, approved March 19, 1907. The 
vote resulted in favor of the tax, and the museum was established in Forest Park. 


82 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 2A. 


See. 11b. Definition—Requirements.—An art museum for the benefit of the 
public for the purpose of this act shall be an institution for the collection and 
exhibition of pictures, statuary and other works of art, or whatever else may be of 
artistic interest and appropriate for exhibition in an art gallery or museum, for 
instruction in art, and in general, for the promotion by all proper means of 
aesthetic or artistic education, which shall conform to the following requirements: 
The exhibition galleries shall be open free to the public under proper and reason- 
able rules and regulations during suitable hours for a reasonable number of days in 
each week, including as a usual custom public holidays; and if admission fees or 
charges shall be collected at any time, the amounts thereof shall be held for 
expenditure only for the maintenance or extension of the art galleries and collec- 
tion or other proper work of the institution as specified herein. (Ib., sec. 2.) 

Sec. llc. Appointment of board of control.—When in any city it shall have 
been decided by a vote in the manner provided in section 1 of this act [sec. lla 
supra] that a tax shall be levied for an art museum, the mayor of such city shall, 
with the approval of the legislative branch of the municipal government, proceed to 
appoint an administrative board of nine members to control the expenditure of the 
art museum fund, unless and except there shall be at the time already constituted 
and in existence, operation and authority, an administrative board endowed 
by city ordinance or other legal authority with power to occupy or administer 
public property devoted by law to the uses of an art museum located in a public 
park or upon public property by virtue of municipal authority; and if there shall 
be such a board, such board and its successors shall be the board of control for the 
art museum fund under this act for all the purposes and possessing all the powers 
and charged with all the duties provided for such board in this act. (Ib., p. 95, 
SOCIO 

Sec. 1ld. Term of office—removal.—Said administrative board of control 
shall, when appointed by the mayor as provided by the preceding section, immedi- 
ately assemble and elect one of its members to be president, and elect such other 
officers as it may deem necessary, and its members shall, at their first meeting, 
divide themselves into three classes, holding office one-third for one year, one- 
third for two years, and one-third for three years, dating from the first of June 
following their appointment, and annually thereafter said board shall, before the 
first of June of each year, elect members for the class whose terms are then expired 
and to fill vacanices in other classes, and said board shall have power, by and with 
the consent of the mayor and the legislative branch of the municipal government 
of said city, to add to its numbers and to adopt a by-law regulating the manner in 
which its members shall be chosen. The members of said board shall hold office 
for three years and until their successors are chosen, and no member of any board 
herein provided for shall receive compensation as such. The mayor may, by and 
with the consent of the legislative branch of the municipal government, remove 
any member of the board for misconduct or neglect of duty, and no member so 
removed shall be eligible to appointment upon said board thereafter. (Ib., sec. 4.) 

Sec. lle. By-laws—powers of board—finances.—Said board of control shall 
make and adopt such by-laws, rules and regulations for its own guidance and for 
the election of its members and for the administration of the art museum fund as 
they may deem expedient, and as may not be inconsistent with this act; they shall 
have exclusive control of the expenditure of all moneys collected to the credit of 
the art museum fund, and of the construction and maintenance of any art museum 
building built or maintained, in whole or in part, with the moneys of said fund, 
and of the supervision, care and custody of the grounds, rooms or buildings 
constructed, leased or set apart for the purpose of an art museum under the 
authority conferred by this act: Provided, however, that all moneys received for 
such art museum fund shall be deposited in the treasury of said city to the credit 
of the art museum fund, and shall be kept separate and apart from other moneys 
of such city, and shall be drawn upon by the proper officers of such city upon the 
properly authenticated vouchers of the art museum board. Said board shall have 
the power to purchase or lease ground and to occupy, lease or erect an appropriate 
building or buildings for the use of said art museum; shall have power to appoint 
a director and necessary assistants and fix their compensation, and shall also have 
power to remove such appointees, and shall in general carry out the spirit and 
intent of this act in establishing and maintaining an art museum. (Ib., sec. 5.) 

Sec. 11f. Museum, how far free to public—further powers of board.—Every 
art museum established under this act, or established or maintained in whole or in 
part from the proceeds of an art museum fund established under this act, shall be 
forever free to the use of the inhabitants of the city wherein it shall be located, so 
long as the art museum tax shall continue to be operative therein, subject always 
to such reasonable rules and regulations as the administrative board may adopt 
in order to render the use of such art museum of the greatest benefit and efficiency 
to the greatest number: Provided, however, that said board of control shall have 
power to exclude from the use of said art museum any and all persons who shall 


CHAP 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 83 


willfully violate such ‘rules, and shall have power to make a reasonable charge 
for admission to the galleries or classes upon certain days other than public 
holidays, within their discretion, and shall have power to extend the privileges and 
uses of such museum to persons residing outside of said city upon such terms 
and conditions as said board may from time to time by its regulations prescribe. 
(Ib., p. 96, sec. 6.) 

Sec. 11g. Report by board.—tThe said board of control shall make, before the 
second Monday in June, an annual report to the legislative branch of the municipal 
government, stating the condition of their trust on the first day of May of that 
year, the various sums of money received from the art museum fund and from 
other sources and how such moneys have been expended and for what .pur- 
poses, the number and character of the acquisitions to the collections added 
by purchase, gift or otherwise during the year, together with the number at the 
beginning of the year, and such information and suggestion as they may deem of 
general interest. All such portions of said report as relate to the receipt and 
expenditure of money, as well as to the number and value of the collections and 
description and value of the property, shall be verified by affidavit. (Ib., sec. 7.) 

Sec. 11h. What ordinances city may enact.—The legislative authority of saic 
city shall have power to enact ordinances imposing suitable penalties for the 
punishment of persons committing injury upon said art museum or the grounds or 
collections or property thereof. (Ib., sec. 8.) 

Sec. 11i. Donations and bequests—title how vested e-Aug person desiring to 
make loans of art objects, or donations, devises or bequests of money, objects of 
art or other personal property or real estate, for the benefit of such art museum, 
shall have the right to vest the title to such property so donated, devised or 
bequeathed in the board of control provided for by this act, to be held and con- 
trolled by such board, when accepted according to the terms of the deed, gift, 
devise or bequest of such property, and as to such property the said board shall be 
held and considered to be special trustees, and said board shall have power to 
accept the trust of such donations, devises or bequests. (Ib., sec. 9.) 

Sec. 11j. Emergency.—The fact that many cities and towns in this state 
have no art museum established therein creates an emergency within the meaning 
of the Constitution; therefore, this act, shall take effect and be in force upon and 
after its passage. (Ib., p. 97, sec. 10.) 


GhAt LER Like: 
BONDS, INDEMNIFYING, TO OFFICERS.* 


Sec. 12. Bond may be exacted, when.—When any sheriff, marshal, constable 
or other duly authorized officer shall levy an execution or attachment on any 
personal property, and any person other than the defendant in such execution or 
attachment shall claim such property or any interest therein, such officer may 
demand of the plaintiff or his agent, in such execution or attachment, a sufficient 
indemnification bond, with at least two good and sufficient sureties, to be approved 
of by such officer, and may refuse to execute such execution or attachment until 
such indemnification bond be given. (Laws 1855, p. 464, sec. 1; R.S. 1899, p. 2550.) 

Sec. 138. Form of bond.—Such bond shall be made payable to the State of 
Missouri, conditioned that such plaintiff will pay to such claimant all damages that 
he, the said claimant, may sustain in consequence of such levy, and in consequence 
of any sale which may be made under or by virtue of such execution or attachment; 
and the officer taking such bond shall return the same with such execution or 
attachment. (Laws 1855, p. 464, sec. 2; R. S. 1899, p. 2550.) 

Sec. 14. Claim to be in writing. i 
levied on as aforesaid shall be valid or lawful as against such officer, unless such 
claimant or his agent shall set forth his claim in writing, verified by the affidavit 
of such claimant or his agent, describing the property claimed and stating his 
interest therein, and whether it is in the whole or only part thereof, and stating 
also that he is in good faith the lawful owner of the interest claimed by him in said 
property; that the defendant in such execution or attachment has no right or title, 
directly or indirectly, in the interest in said property claimed by said claimant, and 


*Sec. 6 of the act of 1859 (see infra), makes the act applicable only to the county 
(now city) of St. Louis. The amendment of 1859 (Laws 1858-9, p. 440; see also State 
ex rel. vs. Lumber Co., 170 Mo. 11-12) does not repeal the act of 1855 as to condition of 
the bond; and the claim must be made in conformity with the statute or the officer will 
not be protected: St. Louis Dairy Co. vs. Sauer, 16 Mo. App. 1. The officer may waive a 
formal written claim to property seized and, notwithstanding the informality of the 
claim, the claimant may maintain an action on the indemnity bond: State to use vs. 
Smit, 20 Mo. App. 50. This statute is local to St. Louis and emphasizes the fact that a 
failure to provide a similar remedy throughout the State is a casus omtssus of the 
Legislature: Smith ex rel. vs. Rogers, 191 Mo. 334, 342. The constitutionality of the 
act was attacked, but not much discussed in State ex rel. vs. Lumber Co., 170 Mo. 7. 


84 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 3. 


that such claim is not made in collusion with said defendant for the purpose of 
vexing, hindering or delaying the plaintiff in obtaining his just rights. (Laws 1855, 
p. 464, sec. 3; R. S. 1899, p. 2550.) 


See. 15. Action on bond.—If the claimant shall be injured or damaged in 
consequence of any levy or sale under or by virtue of such execution or attachment, 
and shall in good faith be the owner of the interest claimed by him in the property 
levied on or sold as aforesaid, he, the said claimant, may bring a civil action on 
such bond in the name of the state, to his own use, against such plaintiff and his 
sureties, or any or either of them, in the usual manner of bringing actions on penal 
bonds, or may proceed thereon by motion in open court, first giving to the parties 
proceeded against in said bond twenty days’ notice of such motion. (Laws 1855, 
p. 466, sec 43 RirvS.01899..p2b542) 


Sec. 16. Officer, when not liable.-—When said sheriff or other officer afore- 
said shall take an indemnification bond as aforesaid, with good and sufficient 
security, he shall not be liable to such claimant for any damage or injury sustained 
by such claimant in consequence of such levy or sale under or by virtue of such 
execution or attachment. (Laws 1855, p. 465, sec 5; R. S. 1899, p. 2551.) 

See. 17. Officer, when liable.—If the security in such indemnification bond 
shall be adjudged insufficient, such sheriff or other officer aforesaid and his securi- 
ties shall be liable to all parties injured in the same manner and to the same 
extent as if no such indemnification bond had ever been given, unless an additional 
indemnification bond be given and approved by the court or judge thereof, as here- 
inafter provided. (Laws 1855, p. 465, sec. 6.) 


Sec. 18. Objections, how made.—No objections to the security in any such 
indemnification bond shall be allowed, if the same be not made by or for the party 
interested therein, in writing, within the first six days after the return day of such 
execution or attachment, unless the time for making such objections be extended 
for good cause by the court, and all of said objections shall be made in the court 
to which such writ is returnable, and not elsewhere. (Laws 1855, p. 465, sec 7; 
Re Siok 89 9sepenao ole) 


Sec. 19. Effect of overruling objections.—If such objections shall be over- 
ruled by the court, such indemnification bond, and the security therein, shall be 
deemed good and sufficient, so far as the liability of such sheriff or other officer 
aforesaid is concerned; but if such security shall be adjudged insufficient, the court 
may, on motion of said claimant or sheriff, or other officer aforesaid, order an 
additional indemnification bond to be given and filed in the suit within a certain 
time fixed by the court, and if such additional bond shall be given, and the security 
therein be approved of by such court, or the judge thereof, then such sheriff or 
other officer aforesaid shall be entitled to the protection of this act, the same as if 
he had taken good and sufficient indemnification bond. (Laws 1855, p. 465, sec 8; 
RYS2 18939. p.-25512) 


Sec. 20. Officer, when not protected.—If such indemnification bond shall not 
be given within the time fixed by the court, then, and in that case, the officer 
levying or selling shall not be protected under this act, but the court may, in its 
discretion, order the said sheriff or other officer aforesaid not to pay over to the 
plaintiff any money made, acquired, received or obtained under or by virtue of any 
such levy or sale, until such additional bond be given and approved by such court 
or judge. (Laws 1855, p. 465, sec 9; R. S. 1899, p. 2551.) 

Sec. 21. Proceedings in case of more than one claimant.—Where more than 
one claim is made to any property levied on by any sheriff, marshal, constable or 
other duly authorized officer, the same proceedings shall take place in regard to 
each of such claims as is prescribed in regard to a claim in this act, and in the act 
to which itis amendatory. (Laws 1858-9, p. 438, sec 1; R. S. 1899, p. 2552.) 


Sec. 22. Claim to state value of property.—Every claim made under this act, 
or the act to which it is amendatory, shall state the value of the property or interest 
claimed, and the indemnification bond demandable of the plaintiff or his agent shall 
be in double the value stated in the claim; but if such value is objected to by the 
plaintiff or his agent, the officer having the property in custody shall proceed to 
ascertain the real value of such property or interest claimed, in the same manner 
as is prescribed by the law for the time being for the valuation of property exempt 
from execution; and in such cases said indemnification bond shall be in double the 
value of such property or interest as ascertained by such appraisement. Any 
indemnification bond taken as aforesaid, with good and sufficient security, shall 
be deemed an indemnification bond within the meaning of the act to which this 
act is amendatory; and every such indemnification bond shall be conditioned as the 
bond which, by the thirtieth section of the ‘‘act to regulate executions,’ approved 
December 1, 1855, chapter 63 of the Revised Statutes of 1855, the plaintiff may 
tender to the sheriff after claim made to goods levied on under execution. (Laws 
135 8-9 7p. 1439; Séc/92) BAS. FI S99D peop) 


CHAP 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 85 


Sec, 23. When court may require bond.—Whenever suit is brought against 
any sheriff, marshal, constable or other duly authorized officer, or his sureties, or 
the representatives of any of them, on account of any 1evy on or sale of any 
property, or interest therein, and notice of such levy or sale was made, said court 
shall not order the payment of the proceeds of such sale to the party or parties 
who may appear to be entitled to the same, unless such parties shall have given 
a bond, as required in the preceding section of this act, or shall forthwith give 
such bond. The court in which such suit is brought may, in its discretion, permit 
any person who has given bond as aforesaid to be joined as defendant in such 
suit. If, in any such suit, the plaintiff shall establish his right to any property or 
interest levied on or sold as aforesaid, the officer against whom such suit is 
brought, his sureties and the legal representatives of any of them, shall thereupon 
have a right to recover back any money paid as made on the levy or sale to which 
such suit related, and if such levy or sale was made by direction or authority of 
any person interested in the same, or his agent, shall also have a right to recover 
of the person so directing or authorizing such levy or sale, all damages which such 
officer, his sureties or the legal representatives of any of them, may have paid on 
account of any such levy or sale. (Laws 1858-9, p. 440, sec. 3; R. S. 1899, 
p. 2552.) 


Sec. 24. Proceedings for the distribution of money, etc.—Whenever money 
made on any execution or executions, or other writ or writs, is brought into the 
court out of which the eldest of such executions or other writs was issued, such 
court shall order the distribution or payment of such money on the motion of any 
persen interested therein, and on stich notice as the court may, by rule or other- 
wise, direct. On his compliance with such order, the officer returning such execu- 
tion or executions, or other writ or writs, shall be discharged of his liability for 
such money; but from any such final order an appeal shall lie as in other cases, and 
nothing herein contained shall be construed to discharge any officer from liability 
tor not properly executing any process, or for a false return thereon, (Laws 
1858-9, p. 440, sec. 4; R. S. 1899, p. 2552.) 


Sec. 25. Bond under claim for specific property.—In a suit for the possession 
of specific personal property, the bond required of the plaintiff, and that which may 
be given by the defendant, shall be in double the sum stated in the affidavit as the 
value of the property claimed; but the defendant or his agent may, on the taking 
of the property claimed, or at any time before the delivery of the same to the 
plaintiff, demand in writing, an appraisement thereof, which appraisement shall 
then be made in the same manner as by the law, for the time being, appraisement 
is directed to be made of property exempt from execution; and if such appraised 
value exceed the value stated in the affidavit, then such property shall not be 
delivered to the plaintiff unless a new bond be given in double such appraised 
value, and in other respects similar to the bond required of the plaintiff, by the 
law for the time being, before the delivery of property so claimed. (Laws 1858-§, 
p. 440, sec. 5.) 


Sec. 26. Nature and extent of this act.—This act, and the act to which it is 
amendatory, shall be public acts, and shall apply only to the county (city) of St. 
Louis; and this act shall take effect from its passage. Approved March 14, 1859. 
(Laws 1858-9, p. 440, sec. 6; R. S. 1899, p. 2553—e.) 


CHAPTER FOUR. 


OF BRIDGES AND TUNNELS. 


Section 27. Power to build or acquire bridges and tunnels, and maintain 
approaches to same.—All cities in this state having one hundred thousand inhab- 
itants or over are hereby given the power and authority to build or acquire by 
purchase, lease, gift or otherwise, within their corporate limits or within a 
reasonable distance outside thereof, a bridge or bridges, or a tunnel or tunnels for 
public use by railroads, street cars, vehicies of all kinds and pedestrians, over or 
under rivers and streams in Missouri or those forming a boundary between this 
and other states, and to acquire, hold, use and retain by purchase, lease, gift or 
otherwise, land to be used for approaches for and in the construction, operation 
and maintenance of said bridge or bridges, tunnel or tunnels, in this and other 


(e.) See note at head of chapter. 


86 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 5. 


states, and to maintain, use and operate said bridge or bridges, tunnel or tunnels, 


either as toll or free bridges or tunnels, as may by said cities be deemed expedient. 
(Laws 1905, p. 94—a.) 


(CHARGE any ee 
OF COURTS. 


Art. Ly SAttormey ss. Circuita ands Lrose- | Art. IVa. Court of General Sessions. 
cuting. Art. We ah ies. 
Art. II. Circuit Court. ; : Sree 
Art. Lil. Probate Courts. Art, VI. Justices of the Peace and Con- 
Art. IV. St. Louis Court of Criminal Cor- : stables. 
rection. Att. Vil Juvenile Court: 
ARTICLE I. 


ATTORNEYS, CIRCUIT AND PROSECUTING.* 


See. 28. Election of circuit attorney for city of St. Louis.—At the general 
election to be held in this state in the year 1892, and every four years thereafter, 
there shall be elected in the city of St. Louis one circuit attorney, who shall reside 
in said city, and shall possess the same qualifications and be subject to the same 
duties that are prescribed by this act for prosecuting attorneys throughout the 
state, and it shall be the duty of the city register of said city to transmit to the 
secretary of state an abstract of the votes given for each candidate for circuit 
attorney in said city, in the same manner as is required by law of clerks of county 
courts. (R. S. 1899, sec. 4959—Amended Laws 1907, p. 70—D.) 

Sec. 29. Duties of assistant circuit attorney.—It shall be the duty of such 
[the] assistant to aid generally in the performance of the same duties as are by 
law enjoined on the prosecuting attorney, and he shall be subject to the same fines 
and penalties for misdemeanor in office or neglect of duty. (R. S. 1899, sec. 
4960—c. ) 

Sec. 30. Prosecuting and assistant prosecuting attorney of St. Louis.—At the 
general election to be held in this state in the year 189V and every four years 
thereafter, there shall be elected in the city of St. Louis, for the St. Louis court 
of criminal correction, one prosecuting attorney and one assistant prosecuting 
attorney, who shall reside in said city and shall possess the same qualifications and 
be subject to the same duties as are now provided by law for the government of 
said officers; and the duty of transmitting the abstract of the votes by which 
said officers are elected, heretofore devoiving upon the county clerk, shall be per- 
formed by the register of said city, as provided in section 4959, R.S.1899. (R.S. 
1899, sec. 4961—d.) 

Sec. 31. Compensation of prosecuting and circuit attorney of St. Louis.—The 
circuit attorney, the prosecuting attorney and assistant prosecuting attorney of the 
city of St. Louis, shall receive the same compensation, payable in like manner, as 
is now provided by law. (R. S. 1899, sec. 4962—-Amended Laws 1907, p. 70—e.) 

Sec. 32. Governor to commission.—The attorney-general, prosecuting at- 
torneys, the circuit attorney, the prosecuting attorney and assistant prosecuting 
attorney for the city of St. Louis, shall be commissioned by the governor and shall 
hold their offices until their successors are e:ected, commissioned and qualified. 
(R. S. 1899, sec. 4963; Amended by Laws 1907, p. 70—.) 


(a) See also Laws 1903, p. 57. For ordinance authorizing issuance of bonds for free 
bridge across the Mississippi from St. Louis, see ord. No. 22366. The validity of these 
bonds was sustained by the circuit court and at this writing the matter is pending 
after submission in the Supreme Court in the case of Haeussler et al vs. St. Louis et al. 
And for acts of Congress relative to a bridge across that river at St. Louis, see act 
approved June 25, 1906, (requiring same to be built as required by act of March 23, 
1906) and see also act of Feb. 27, 1901. That the city has no power to cause or permit 
obstruction of a navigable stream, such being a national highway, see West Chicago 
Ry. vs. Chicago, 201 U. S. 506; State ex rel. vs. Longfellow, 169 Mo. 109; Myers vs. St. 
Louis, 82 Mo. 367, affirming Ss. Cc. 8 Mo. App. 266; see also 8. c. 113 U. S. 566. 


*Laws 1905, p. 51, herein below set out, (which is in turn amended in Laws 1907, 
p. 70) expressly repeals the act of March 18, 1901, (Laws 1901, p. 48) and also all 
inconsistent acts. As there may be some question as to how far the then'‘existing laws 
are affected, the latter are set out in full in the next succeeding sections. 


(6) The amendment by Session Laws 1907 consists in omitting the words “and one 
assistant circuit attorney.” 


(c) Presumably this section is to be regarded as superseded. 


(2) Office and functions of assistant prosecuting attorney not abolished by Laws 
1877, p. 354; information properly lodged with that officer: State vs. Speritus, 191 Mo. 
24, 38; State vs. Daly, 49 Mo. App. 184. An Assistant may generally act in the same 
manner and to the same extent as the Prosecuting Attorney: Browne’s Appeal, 69 Mo. 
App. 159 (Kansas City officer). 


(e) See Laws 1905, secs. 6 and 6, as amended by Laws 1907, p. 70, set out below, 
with respect to compensation. The act of 1907 amends the above section 31 by omitting 
the words “and assistant Circuit attorneys.” 


Cf) The 1907 amendment consists in omitting the words “and assistant circuit 
attorney.” 


ART. I.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 87 


Sec. 33. Vacancies, how filled.—If any vacancy shall happen for any cause 
in the office of attorney-general, circuit attorney, prosecuting attorney or assistant 
prosecuting attorney, the governor, upon being satisfied that such vacancy exists, 
shall appoint some competent person to fill the same until the next regular election 
for attorney-general, prosecuting attorney, or assistant prosecuting attorney, as the 
case may be. (R.S. 1899, sec. 4964; Amended Laws 1907, p. 70—g.) 

Sec. 34. Prosecuting attorney, when to appear in St. Louis Court of Appeals. 
—Every prosecuting attorney of any county within the jurisdiction of the St. Louis 
court of appeals, and every circuit attorney of a judicial circuit within the juris- 
diction of said court, shall appear in behalf of the state in the St. Louis Court of 
Appeals, and prosecute or defend, as the case may require, all appeals and writs 
of error to which the State may be a party, which may at any time be removed by 
appeal or writ of error from any court in the county of such prosecuting attorney, 
or the city or county of said circuit attorney, to said St. Louis Court of Appeals. 
(R. S. 1899, sec. 4965.) 

Sec. 35. Compensation in certain cases.—All such prosecuting and circuit 
attorneys shall, for their services under the preceding section, receive the same fees 
as are or may be by law allowed for like services in the Supreme Court. (R. S. 1899, 
sec. 4966—h.) 

Sec. 36. Circuit attorney may employ clerk.—Any circuit attorney for any 
city having a population of two hundred thousand inhabitants or more is hereby 
authorized and empowered to appoint a clerk, who shall be a citizen of the United 
States and of the State of Missouri, who shall hold said office from month to month, 
and shall be removable at any time, at the option of said circuit attorney. (R. S. 
1899, sec. 4967—~.) 

Sec. 37. Duties of clerk.—It shall be the duty of said clerk to attend to all 
duties assigned him by said circuit attorney, appertaining to his said office, and 
during his employment shall be under the direction of said circuit attorney. (R.S. 
1899, sec. 4968.) 

Sec. 38. Salary, how paid.—The said clerk so appointed shall receive a 
monthly salary not exceeding two hundred dollars, payable at the end of each 
month by the treasurer of said city, upon presentation to said treasurer of vouchers 
duly approved and certified by said circuit attorney. (R.S. 1899, sec. 4969.) 

Sec. 39. Prosecuting and ¢ircuit attorneys to devote entire time to duties.— 
It shall be the duty of the prosecuting and circuit attorneys, and of the assistant 
circuit and prosecuting attorneys, of the courts of this state having jurisdiction 
of criminals within cities in this state which now have and which may hereafter 
have one hundred thousand inhabitants or more, to devote their entire time and 
energy to the discharge of the duties appertaining to their respective offices. (R.5S. 
1899, sec. 4978.) 

Sec. 40. Not to accept employment of others, except in civil cases.—It shall 
be unlawful for either of the officers specified in the preceding section, during the 
term of office for which he shall have been elected or appointed and qualified, to 
accept any employment by any party, except in civil cases, other than the State 
of Missouri. Any violation of the provisions of this section shall be deemed a 
misdemeanor, to be punished as in this act prescribed. (R.S. 1899, sec. 4979.) 

Sec. 41. Not to accept fee or reward, except salary.—It shall be unlawful for 
any officer specified in section 4978 to contract for, directly or indirectly, or te 
accept, receive or take any fee, reward, promise or undertaking, or gift or valuable 
thing of any kind whatsoever, except the salary of his office prescribed by law, for 
aiding, advising, promoting or procuring any indictment, true bill or legal process 
of any kind whatsoever against any person or party, or for aiding, promoting, coun- 
seling or procuring the detection, discovery, apprehension, prosecution or conviction 
of any person upon any charge whatsoever; or for aiding, advising or counseling 
of or concerning, or for procuring, promoting or effecting the discovery or recovery, 
by any means whatever, of any valuable thing which shall be secreted or detained 
from the possession of the owner or lawful custodian thereof. (R. S. 1899, sec. 
4980.) 

Sec. 42. Violation of act forfeits, office.—If any officer specified in section 
4978 shall be convicted of the violation of any of the provisions of sections 4979 
and 4980, he shall forfeit the office to which he shall have been elected or 
appointed and qualified. (R. 8. 1899, sec. 4981.) 

Sec. 43. Penalty for same—bribery.—Any officer specified in section 4978 
who shall be convicted of the violation of any of the provisions of section 4980 
shall be deemed guilty of bribery, and shall, upon conviction, thereof, be punished 
by confinement in the penitentiary for a term not exceeding seven years. (R. S. 
1899, sec. 4982.) 


(g) Same as preceding note. 
(hk) See Laws 1905, infra. 
(7) Ibid. as to employment of clerks under the present laws. 


88 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 44. May be suspended upon indictment—Governor to appoint successor. 
—Any officer specified in section 4978 who shall be indicted for the violation of 
section 4980 may, in the discretion of the court of which he is an officer, or of the 
judge thereof, by an order of record in the records of such a court, be suspended 
from the office to which he shall have been elected or appointed and qualified, until 
said indictment shall have been disposed of in favor of such officer, or until said 
officer shall have been acquitted thereon by the verdict of a jury. And in case of 
such suspension, the court making the same shall forthwith transmit, by mail, to 
the Governor of the state of Missouri, a copy of said order of suspension, certified 
under the seal of said court by the clerk thereof, and upon the receipt of said 
certified copy of said order of suspension, it shall be the duty of the Governor 
immediately to appoint and commission a successor to such suspended officer, 
which successor shall possess the qualifications for said office prescribed by law, 
and shall, during said suspension, perform the duties and receive the salary pre- 
scribed for said office by law. (R. 5S. 1899, sec. 4983.) 

See. 45. Restoration to office—prosecution of indictment.—If upon a trial of 
such suspended officer upon the indictment by reason whereof such suspension was 
made, such officer shall be acquitted by the verdict of the court having jurisdiction 
thereof, then said suspended officer shall, by an order of the court by which said 
suspension was made of record, be restored to the office from which he shall have 
been suspended, and the commission and authority of the successor of such sus- 
pended officer shall thereupon cease and determine: Provided, that when the 
Governor shall appoint and commission a successor to such suspended officer, as 
hereinbefore provided, the prosecution of the indictment upon the faith whereof 
such suspension was made shall be conducted by the successor so appointed and 
commissioned. (R. 8S. 1899, sec. 4984.) 


Act of March 13, 1905, as Amended March 30, 1907. 


Sec. 46. In St. Louis circuit attorney to appoint five assistants—how made— 
powers and duties.—In every judicial circuit of the state, which circuit embraces 
a city which now may have, or which may hereafter have, a population of three 
hundred thousand inhabitants or more, the circuit attorney of such circuit is hereby 
authorized and empowered to appoint five assistant circuit attorneys. Such 
appointments shall be in writing and approved by a majority of the judges of the 
criminal division of the circuit court of such circuit, and when so approved, shall 
be entered upon the minutes of all the courts of said circuit exercising criminal 
jurisdiction. Before entering upon the duties of their office, such assistants shall 
be severally sworn to support the Constitution of the United States and to faith- 
fully demean themselves in office, and their duties shall be to assist the circuit 
attorney generally in conduct of his office, under his direction and subject to his 
control; and said circuit attorney and his assistants shall institute and prosecute 
all criminal actions in all courts of said circuit exercising criminal jurisdiction 
(except the court of criminal correction in the city of St. Louis). (Laws 1907, p. 
70 amending laws 1905, p. 51, sec. 1—/.) 

Sec. 47. Clerks’ and stenographers’ duties.—Said circuit attorney may also 
appoint five clerks or stenographers, whose duty it shall be to act as clerks or 
stenographers to the circuit attorney, and, when so directed by the circuit attorney, 
said stenographers shall take down and transcribe for the use of the circuit at- 
torney, evidence before the grand jury or before any court of said circuit exercising 
criminal jurisdiction or before the coroner at any inquest. But before taking down 
any evidence before the grand jury, such stenographer shall be sworn to secrecy 
and shall not divulge any testimony which he may there have heard except to the 
circuit attorney, or when lawfully required to do so, in any court of record. Said 
stenographer shall also perform such other services as the circuit attorney may 
direet. “(Laws 1905, p.251, sec?i2:) 

Sec. 48. Tenure.—The assistant circuit attorneys, clerks and stenographers 
appointed under the provisions of this act shall hold office from month to month 
and shall be removable at any time by the circuit attorney at his option. (Laws 
1905, py 52, ‘sec. "37) 

Sec. 49. Assistant attend grand jury.—Said assistant circuit attorneys, when 
so directed by the circuit attorney, may attend upon the grand jury. (Laws 1905, 
p. 52, sec. 4.) 

Sec. 50. Salaries.—Said assistant circuit attorneys appointed under the provi- 
sions of this act, shall each receive a salary of three thousand dollars a year. The 
clerks or stenographers appointed under this act shall each receive a salary not to ex- 
ceed twelve hundred dollars a year, each. Such salaries shall be payable in monthly 

(7) Authority of assistant prosecuting attorneys in St. Louis (before these acts): 
State vs. Spiritus, 191 Mo. 24, 38. The amendment to the above section in 1907 (Acts 


1907, p. 70) increases the assistants from four to five, because in the same the provisions 
for the assistant circuit attorney is repealed. 


ART. 2.] STATE LAWS SPXCIALLY APPLICABLE TO ST. LOUIS. 89 


installments at the end of each month out of the treasury of the city in such 
circuit having the population above prescribed. (Laws 1905, p. 52, sec. 5.) 

Sec. 51. Compensation of circuit attorney—disposition of fees.—The circuit 
attorney of such circuit shall receive in lieu of all fees in criminal cases and in lieu 
of all other salary, a salary of five thousand dollars a year, payable monthly at 
the end of each month from the treasury of said city. The circuit attorney’s 
fees shall continue to be taxed as heretofore, but when collected, shall be turned 
into the treasury of said city. All circuit attorney’s fees in criminal cases not paid 
by the state shall be collected by the clerk of the criminal division of the circuit 
court and by him paid into the treasury of said city. When such fees are paid by 
the state, they shall be paid into said city treasury in the manner now provided 
by law. (Laws 1905, p. 52, sec. 6.) 

Sec. 52. Fees—contingent fund—disposition.—The treasurer of said city 
shall set aside the circuit attorney’s fees so turned into the treasury of said city 
to be used as a contingent fund for the circuit attorney for the payment of the 
incidental expenses in bringing parties and witnesses from other states or countries 
and in properly preparing causes for trial, attending trial on changes of venue, 
attending at the taking of depositions, in printing briefs, and appearing before 
the appellate courts of the state, and generally such expenses as he may be put to 
in the proper and vigorous prosecution of the duties of his office. Such fund shall 
be paid out as needed to the circuit attorney by the said city treasurer out of said 
funds in the treasury of said city not exceeding five thousand dollars in any year 
upon warrant of the circuit attorney approved and signed by the judges of the 
criminal division of the circuit court of said circuit. At the end of each year said 
treasurer shall pay into the general revenue fund of such city any balance that may 
be in his hands from fees so collected exceeding the sum of one thousand dollars. 
(Laws 1905, p. 52, sec. 7.) 

Sec. 53. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
herewith are hereby repealed. (Laws 1905, p. 52, sec. 8.) 

Sec. 54. Emergency.—The present inadequacy of the force of assistants and 
other officers to the circuit attorney, and the lack of provisions for the payment 
of the incidental expenses of circuit attorney’s offices, creates an emergency within 
the meaning of the constitution; therefore, this act shall take effect and be in force 
from and after its passage. (Laws 1905, p. 52, sec. 9.) 

Approved March 138, 1905. 


Act of April 15, 1907. 


Sec. 54a. Circuit attorney may appoint assistant, and deputy.—In every 
judicial circuit of the State, which circuit embraces a city which now may have 
or which may hereafter have a population of three hundred thousand inhabitants 
or more, the circuit attorney of such circuit, in addition to the number of assistant 
circuit attorneys and clerks already authorized under existing laws, is hereby 
authorized and empowered to appoint one additional assistant circuit attorney and 
one deputy circuit attorney, whose duties it shall be to assist the circuit attorney 
generally in the conduct of his office, under his direction and subject to his control. 
Such appointment shall be in writing and approved by a majority of the judges of 
the criminal division of the circuit court of such circuit, and when so approved shall 
be entered upon the minutes of all the courts of said circuit exercising criminal 
jurisdiction. Before entering upon the duties of their office, such additional 
assistant circuit attorneys and deputy circuit attorneys shall be severally sworn to 
support the Constitution of the United States and to faithfully demean themselves 
in office. 

Sec. 54b. Duty of assistant—removal.—The additional assistant circuit at- 
torney and deputy circuit attorney appointed under the provisions of this act shall 
hold office from month to month, and shall be removable at any time by the 
circuit attorney at his option. 

Sec. 54c. Salary.—Said additional assistant circuit attorney, appointed 
under the provisions of this act, shall receive a salary of three thousand dollars 
a year. The deputy circuit attorney, appointed under this act, shall receive a 
salary not to exceed eighteen hundred dollars a year. Such salaries shall be pay- 
able in monthly installments at the end of each month, out of the treasury of the 
city in such circuit having a population above prescribed. 

Sec. 54d. Emergency.—The passage of an act creating the St. Louis Court 
of General Sessions to hear and determine all preliminary examinations of charges 
of felony and certain misdemeanors, and imposing upon the circuit attorney of the 
city of St. Louis and his assistants the duty of instituting and conducting prosecu- 
tions in behalf of the state in the said St. Louis Court of General Sessions, and the 
present inadequacy of the force of assistants to the circuit attorney creates an 
emergency within the meaning of the Constitution; therefore, this act shall take 
effect and be in force from and after its passage. 


90 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5: 
ARTICLE II. 


COURTS, CIRCUIT. 


See. 55. Constitutional provision.—The circuit court of St. Louis county 
[city] shall be composed of five judges, and such additional number as the general 
assembly may from time to time provide. Each of said judges shall sit separately 
for the trial of causes and the transaction of business in special term. The judges 
of said circuit court may sit in general term, for the purpose of making rules of 
court, and for the transaction of such other business as may be provided by law, 
at such time as they may determine, but shall have no power to review any 
order, decision or proceeding of the court in special term. (Cons. Mo. (1875) Art. 
Vit sec. 272° RS. 18995 p. 2033—k..) 

Sec. 56. Number of judges on St. Louis circuit.—From and after the taking 
effect of this act the circuit court of the city of St. Louis shall be composed of 
twelve judges. (Laws 1905, p. 127, sec. 1.) 

See. 57. Judge for short term.—Immediately on the taking effect of this act, 
the governor shall appoint one judge of the circuit court for a term ending on the 
31st day of December, 1906, and the additional judge hereby provided for shall 
possess the same qualifications and shall receive the same compensation and from 
the same source as the present judges of said circuit court. (Ib., sec. 2.) 

Sec. 58. Election, etc.—At the general election held in the city of St. Louis 
in November, 1906, a successor to such additional judge hereby created shall be 
elected for a term of six years, and thereafter his successor shall be elected for 
the same term. (Ib., sec. 3.) 

Sec. 59. Criminal causes—general term arrange docket—grand jury to 
attend.—Immediately upon the taking effect of this act, or as soon thereafter as 
may be practicable, the judges of the circuit court of the city of St. Louis sitting 
in general term, shall assign three or more of their number, who shall sit separately 
for the trial of criminal causes then or thereafter pending in said court, and for 
the disposition of such other business arising under the criminal jurisdiction of the 
court as may come before it, and to whom thereupon shall be transferred for 
trial and disposition in such proportions between themselves as said court in 
general term shall determine. The judges so assigned for the trial of said criminal 
cases and the disposition of other business arising under the criminal jurisdiction, 
shall try and dispose of the cases so transferred to them, and conduct the business 
arising under said criminal jurisdiction during such time or times as the court in 
general term may direct, and said general term shall from time to time replace the 
judges so assigned to try such criminal cases and despatch said criminal business 
with others of its members selected by it to that end and as far as practicable 
alternately and in rotation, so that from time to time each of their number shall 
in turn serve in the transaction of the criminal business of the court [unless the 
judges, sitting in general term, shall, in their discretion, excuse any member of the 
court from so serving ]. ; 

And it shall be the duty of the judges sitting in general term to at all times 
so arrange the dockets of said court that the trial and disposition of criminal cases 
and proceedings shall have precedence over those of civil action pending therein, 
and to that end shall from time to time assign as many judges of said court for 
the trial of criminal causes as may be necessary. After the taking effect of this 
act, a grand jury shall be summoned each term to attend upon such divisions 
assigned to criminal business as said court in general term may direct. It shall be 
charged with regard to its duties by the judge of said court sitting in said division, 
and it shall return all indictments by it found and deliver all reports by it made 
into said division. (Laws 1905, p. 127, sec. 4; and Laws 1905, p. 128, sec. 35—1.) 

Sec. 60. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Laws 1905, p. 128, sec. 5.) 

Sec. 61. Jurisdiction of common pleas, land and law commissioner’s court 
transferred to the circuit court.—On the first day of January, 1866, all jurisdiction 
then vested in the Saint Louis court of common pleas, the St. Louis land court and 
the law commissioner’s court of St. Louis county, and all powers then vested in the 
judges of said courts, shall be transferred to, vested in and thereafter exercised by 
the circuit court of St. Louis county [city] and the judges thereof, as said court 


(k) _ Section construed and the relation between the divisions of the circuit in 
St. Louis discussed, see: Haehl vs. Wab. Ry., 119 Mo. 325; State ex rel. vs. Withrow, 
133 Mo. 500; Voullain vs. Voullain, 45 Mo. 602. 


Under the power to increase the number of judges, statutes to that effect were from 
time to time enacted, the present statute fixing the number at twelve, as per next 
section. The last prior law created two new judges (then making eleven) and appears 
in Laws 1903, p. 142; the number was made nine in 1895: Laws 1895, p. 121. 


(2) The portion enclosed in brackets is an amendment to the old law, and was 
passed at the 1905 session, being approved April 6, 1905, while at the same session 
another act incorporating the remaining provisions was enacted, being approved March 
21, 1905. Reading the two together, it is thought the law is as appears above. This 
section supersedes the former law as appears infra in Sec. 8&4. 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. g] 


will become constituted under the fifteenth section of the sixth article of the con- 
stitution of this state. (Laws 1855-6, p. 71, sec. 1; Cons. 1865, art. VI., secs. 14 and 
15; R. S. 1899, p. 25338, sec. 2.) 


Sec. 62. Unfinished business of said courts transferred to circuit court.—On 
that day, all unfinished business remaining in any of said first named three courts 
shall be transferred to said circuit court, by which the same shall be proceeded 
with, determined and closed up in the same manner as might have been done by 
those courts, respectively, if they had continued in existence. In all cases so trans- 
ferred the said circuit court shall take judicial notice of all entries of record made 
therein before the transfer thereof. (Laws 1865-6, p. 71, sec. 2; R. S. 1899, 
p. 2534, sec. 3.) 


Sec. 63. Certain cases to be remanded to circuit court from supreme court.— 
All cases which, prior to said day, may have been taken by appeal or writ of error 
from any of said first named three courts to the Supreme Court shall, upon any 
decision of the Supreme Court thereafter made remanding the same, be remanded to 
said circuit court and be there proceeded with as if the same had been taken from 
that court; and if any party to an action or proceeding in any of said first named 
three courts shall, on or after said day, desire to sue out a writ of error therein, 
such writ shall be directed to the said circuit court, and be returned by the clerk 
thereof. (Laws 1865-6, p. 72, sec. 3; R. S. 1899, p. 2534, sec. 4.) 


Sec. 64. Judgments of said courts enforced in circuit court—liens and execu- 
tions.—All judgments, orders and decrees of the said first named three courts 
remaining unsatisfied, unperformed or unexecuted, shall be enforced by the said 
circuit court, in the same manner as if the same had been rendered or made therein. 
The lien of all such judgments and decrees shall continue as if the laws establishing 
said courts were still in force, and may be revived by the said circuit court, in the 
manner provided by law for reviving the lien of its own judgments and decrees; 
and the clerk of said circuit court may, whenever required, issue execution on any 
such judgment or decree in any case authorized by law. (Laws 1865-6, p. 72, 
sec. 4; R. S. 1899, p. 2534, sec. 5.) 


Sec. 65. Return of certain process and proceedings thereon.—All1 writs, rules, 
process andeorders issued or made by any of said first named three courts, and 
returnable to any term of either of said courts, which would be held after the day 
aforesaid if said courts continued in existence, and which shall not have been 
returned before that day, shall be valid, and be returned to said circuit court at 
such times as they would respectfully have been returnable in said courts; and the 
said circuit court may enforce the return thereof. And defendants, in orders 
against non-resident, absent or unknown defendant, and in writs of summons or 
attachments, shall plead to the action within the first six days of the first return 
term of said circuit court, which shall be held on or after the day said orders or 
writs shall be respectively returnable, and the said court shall have the same power 
to conform or set aside sales made under orders of or under executions issued by 
either of the first named three courts mentioned in the first section of said act, as 
the said courts respectively possessed prior to the first day of January, A. D. 
eighteen hundred and sixty-six, and also all other powers possessed by said courts 
respectively prior to that date in relation to the said writs, rules, process and order. 
(Laws 1865-6, p. 76, sec. 2; amended Laws 1865-6, p. 72, sec. 5; R. S. 1899, 
p. 2534, sec. 6.) 


Sec. 66. Records of said courts transferred to circuit court.—On the day 
aforesaid, the several clerks of said first named three courts shall deliver all the 
books, papers, records, furniture and other effects belonging to their respective 
offices to the clerk of said circuit court, who shall thereafter have charge thereof, 
and be responsible therefor, and perform such duties ip relation thereto as he is 
required by law to perform in regard to similar things appertaining to his own 
office; and he shall, when required, make and certify copies, transcripts ana 
exemplifications of any such books, papers and records. And the said circuit court 
shall have the same power and control over the books, papers and records so trans- 
ferred, including the power to alter and amend the same as in cases allowed by 
law, as it has or may have over its own books, papers and records. (Laws 1865-6, 
Bec, sec. 6; R. S. 1899, p. 2534, sec. 7.) 


Sec. 67. Change of venue.—After the day aforesaid, no change of venue 
shall be allowed by the said circuit court for the cause that any one judge thereof 
is interested or prejudiced, or related to, or has been counsel for, or is under the 
undue influence of either party; but if any such cause exist as to any two of the 
judges thereof, a change of venue may be allowed to some other circuit court, or 
to the St. Louis criminal court, which court shall have jurisdiction to try and 
determine any case sent to it by such change of venue. Every application for a 
change of venue shall be made to said circuit court at the general term. (Laws 
1865-6, p. 72, sec. 7; R. S. 1899, p. 2535, sec. 8.) 


92 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 5. 


Sec. 68. Return terms.—After the day aforesaid, there shall be annually held 
five return terms of said circuit court, on the first Monday of each of the months 
of February, April, June, October and December. (Laws 1865-6, p. 72, sec. 8; 
ReSe899)-p7 2635 48e0..99 

Sec. 69. General term, how organized.—The said circuit court, after the day 
aforesaid, shall hold general terms and special terms, as the business thereof may 
require. A general term is when the court sits as a court in banc. At such term 
one of the judges shall act as presiding judge. At the first organization of the 
court under the constitution, and thenceforward until the succeeding April term 
thereof, the oldest judge in age shall preside, the next oldest judge shall preside 
during the said April term, and the youngest during the succeeding June term, and 
thereafter they shall preside alternately in the same order of rotation, each during 
the period from the commencement of one return term to that of another; but the 
court may at any time change the rule of presiding as its convenience may require. 
(Laws 1865-6; p.%2, sec. 95° RS. 01399, pi abe 0j usec 10.) 

Sec. 70. General term—power to make rules extended.—And in addition to 
the ordinary power of making rules conferred by the general law, the court may 
make all rules which its peculiar organization may, in its judgment, require, dif- 
ferent from the ordinary course of practice, and necessary to facilitate the trans- 
action of business therein. But all rules for the government of the court at special 
term shall be the same before each of the judges at such term. (Laws 1865-6, 
p. 73, part of section 14; other part repealed by constitution 1875; R. S. 1899, 
p. 2535, sec. 11—m.) 

Sec. 71. General term—business to be classified and distributed.—The said 
court may classify, arrange and distribute the business thereof among the several 
judges, as the majority of them may deem expedient, and each judge shall attend 
to the business of the court in conformity with the arrangement thereof made by 
the majority, and, when not occupied with the business assigned to him, shall, as 
far as practicable, aid the other judges, to which end cases may be sent from one 
judge to another at special term, as the individual judges may agree and direct. 
(Laws 1865-6, p. 73, sec. 15; R. S. 1899, p. 2535, sec. 12—n.) 

Sec. 72. Certain dockets to be kept.—The said circuit court after the first 
day of January, 1866, shall require the clerk thereof to keep four [thirteen] record 
books of its proceedings, one for the general term and one for each of the judges 
at special term, and shall require the record of each day’s proceedings to be fully 
written up at such time as said court shall, by its rules, direct. (Laws 1865-6, 
p. 74, sec. 18; R. S. 1899, p. 2535, sec. 13.) 

Sec. 73. Special terms defined.—A special term is where only one judge 
presides, and is for the trial of causes, and the transaction of all other business not 
specified in the next preceding section, and each judge at special term, with that 
exception, shall have and exercise all the powers and functions which he might have 
and exercise if he were the sole judge of the court. (Laws 1865-6, p. 73, sec. 11; 
R. S. 1899, p. 2536, sec. 14—o.) 

Sec. 74. Power of special term over its judgments.—The said court shall 
have the same power, at special term, to vacate or modify its own judgments, 
decrees or orders rendered or made at such term, as if the said court were con- 
stituted with a single judge. (Laws 1865-6, p. 78, sec. 138; R. S. 1899, p. 2536, 
sec. 15.) 

Sec. 75.—Powers of judges in vacation.—Each judge of the said circuit court, 
in vacation, shall have and exercise the same powers that he might have and 
exercise if he were the sole judge of said court. (Laws 1865-6, p. 76, sec. 1; 
R. S. 1899, p. 2536, sec. 16—~p.) 

Sec. 76. Judge’s fee—costs of clerk regulated.——From and after the first day 
of January, 1866, the plaintiff in every action instituted in said circuit court and 
appellant in every, appeal case brought into said court, shall, at the time of . 
instituting his action or filing the transcript in the case appealed, pay to the clerk 
of said court the sum of one dollar, to be known as the judge’s fee, and no writ 
shall be issued in any such action, or transcript filed in any such appeal case, unless 
such fee be so paid. On the first Monday of every month the clerk of said court 
shall pay into the treasury of the county of St. Louis, for the use of said county, 
all judge’s fees received by him during the preceding month in pursuance of this 
section, and from and after the said first day of January, 1866, the clerk of said 


(m) See Tilford vs. Ramsey, 438 Mo. 410. The power to make rules conferred by 
Art. 6, Sec. 27 of the Constitution, was only intended to confer authority at general 
term to make such rules as would secure uniformity in the several divisions of the 
St. Louis Circuit Court: State ex rel. vs. Withrow, 133 Mo. 500. 

A rule of the circuit court which is in conflict with a right given by statute is 
void: State ex rel. vs. Withrow, 135 Mo. 376. 

(x) Relation and powers at general or special term: Haehl vs. Wabash Ry., 119 
Mo. 325; Voullaire vs. Voullaire, 45 Mo. 602; Stripling vs. Maguire, 108 Mo. App. 594, 600; 
Tilford vs. Ramsey, 43 Mo. 410; State ex rel. vs. Eggers, 152 Mo. 1. c. 487. 

o) See cases supra. 
(p) State ex rel. vs. Eggers, 152 Mo. 485, 487. 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 93 


court shall not demand or receive at the institution of any action, any fee for or on 
account of issuing the summons, attachment or other original writ by which such 
action may be instituted, or of making any copy to go out with such writ, but the 
fees therefor shall be taxed and collected as other costs. (Laws 1865-6, p. 74, 
sec 19; R. S. 1899, p. 2536, sec. 17.) 

See. 77. Jurors, how furnished.—After the said last named day, the jury 
commissioner of St. Louis county shall, in the manner prescribed by law, furnish to 
gaid circuit court, from his jury list, the names of a sufficient number of jurors to 
serve in said court, before the several judges thereof at special term. (Laws 
1865-6. p. 75, sec. 23; R. S. 1899, p. 2536, sec. 18.) 

See. 78. Mechanics’ liens, 
all mechanics’, material men’s, builders’, laborers’ and artisans’ liens in the county 
[city] of St. Louis shall be filed in the office of the clerk of said circuit court, who 
shall perform all duties in relation thereto which were theretofore performed by 
-or. incumbent upon the clerk of the St. Louis land court. (Laws 1865-6, p. 75, 
soc. 24° R. SS. 1899, p. 2536, sec. 19.) 

See. 79. Certain abstract of judgments to be continued.—On and after said 
day, the clerk of said circuit court shall keep in his office the abstract of judgments 
theretofore kept by the clerk of the St. Louis land court, in pursuance of the ‘‘act to 
establish a land court in St.. Louis county, and for other purposes,’’ approved 
December 12, 1855, and shall enter therein all judgments rendered by said circuit 
court, and shall perform all other duties in relation to said abstract which shall 
have theretofore been performed by or incumbent upon the clerk of said land court. 
(Laws 1865-6, p. 75, sec. 25; R. S. 1899, p. 2536, sec. 20.) 

See. 80. Cases triable, when.—Suits instituted in said circuit court shall be 
triable at the return term thereof in all cases in which the defendants have been 
summoned personally, or by copies left at their usual place of abode with a member 
of their families over the age of fifteen years, at least fifteen days before the first 
day of such term, unless continued for good cause shown, as required by the law 
or rules of court. (Laws 1868, p. 41, amending laws 1865-6, p. 76, sec. 3. R.S. 
1899 p. 2536, sec. 20.) 

Sec. 81. St. Louis criminal court to consist of ied divisions.—F rom and after 
the passage of this act, the St. Louis Criminal court shall consist of two divisions of 
which each shall be presided over by a separate judge, and shall have and exercise 
all the powers and jurisdiction now had and exercised by, and shall perform all the 
duties now belonging to said court as at present constituted. One of said divisions 
shall be known and styled as division number one, and the other as division number 
two, of said court. The judge of said court who shall be in office at the time of 
the passage of this act, and his successors, shall preside over aud perform all the 
duties, and exercise all the powers, of the office of judge in division number one of 
said court, and the judge of said court to be appointed by the governor, as herein- 
below provided, and his successors, shall preside over, perform all the duties and 
exercise all the powers of said office of judge in division number two thereof. 
(Laws 1895, p. 131; R. S. 1899, p. 2537, sec. 21—4gq.) 

Sec. 82. Governor to appoint additional judge—qualifications—salary.—As 
soon as possible after the passage of this act, the governor shall appoint and com- 
mission, for a term to end on the day before the first Monday of January, 1897, and 
additional judge of the St. Louis criminal court. The judge so appointed shall be 
a resident of said city, learned in the law, and have all the qualifications required 
by the constitution for a circuit judge. His salary shall be the same amount per 
annum as that now paid the present judge of said court, and shall be paid in the 
same manner and out of the same moneys as that of said present judge is now 
paid. (Ib., p 131, sec. 2—dq.) 

Sec. 83. Terms of court—ofifcers and their duties. —The terms of said crim- 
inal court shall, until changed by law, continue to be the same as they now are, and 
each division thereof shall sit for the triat of causes and other business at each of 
the said terms. The clerk of said court as now established and his successors 
shall, after the passage hereof, perform the duties of his office for both divisions 
thereof, and be the clerk of both. The circuit attorney and assistant circuit 
attorney of their [the] city of St. Louis and the [their] respective successors shall, 
after the passage hereof, perform all the duties of their respective offices in and 
for both divisions of said court which are now, under the existing law, performed 
by them in and for the said court as now established. (Ib., p. 131, sec. 3. R.S. 
Boo, p. 2537, sec. 24.) 

Sec. 84. Assignment of causes—how made.—[As soon as may be after the 
appointment of the additional judge of said criminal court above provided for, all 
causes, motions and other proceedings and matters which, at said time, may be 
pending undisposed of in said court, shall be allotted and assigned for disposition 


(gq) These sections are superseded by later enactments, the pregent law being acts 
1905, p. 127-128, which see supra. * 


94 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


to said several divisions therecf by the said judges in such manner as_ they 
may agree to, or, in case of their disagreement, in such manner as they and the 
then oldest in commission of the judges of the circuit court of the city of St. Louis, 
or a majority of them, and said circuit judge, may direct—such assignment to be 
made as to give to each division as nearly an equal proportion of such undeter- 
mined business as possible. All cases, proceedings and other business arising and 
coming within the jurisdiction of said court, after the appointment of said ad-. 
ditional judge, shall, upon its so arising, be assigned to said two divisions re- 
spectively for determination and disposition, in such manner as said judges, or a 
majority of them and said circuit judge, may direct. Each division of said court 
shall have full power to carry out and enforce all judgments, decrees or orders 
which have been rendered or made before the appointment and qualification of 
said additional judge, the same as said court might have done if this act had not 
been passed. <A grand jury may be summoned to attend upon said court sitting 
in division number one, at each term thereof. It shall be charged with regard to 
its duties by the judge who shall be presiding in said division number one and 
shall return all indictments found and deliver all reports made by it into the said 
division. In case of the absence from said city, sickness or other disability of 
either of said judges, the other of them may sit and dispose of the business of the 
division of the one so absent, sick or otherwise disabled from attending thereto. ] 
(Ib.,)'p. 181; sec.4)> RiiS.71899,-p. 2537 sec: (25— Jy) 

Sec. 85. Changes of venue to other divisions in cases of prejudice or interest. 
—Whenever, after the appointment and qualification of said additional judge, any 
application for change of venue shall be made in any cause pending in either of the 
said divisions of said criminal court, on account of the prejudice, or interest, or 
other legal ground of objection to the judge of said division, then said cause shall 
be transferred to the other division thereof for trial or other disposition. (Ib., 
132, S600. RYeS21899) pi 2dasy seen un 

Sec. 86. St. Louis criminal court abolished—jurisdiction vested in circuit 
court.—On the first Monday of January, 1897, the St. Louis criminal court, and the 
offices of the judges and clerk thereof, shall be abolished, and all jurisdiction and 
powers then vested in said court or the judges thereof shall be transferred to, 
vested in and thereafter exercised by the circuit court of the city of St. Louis and 
the judges thereof, as said court will on that day be constituted under the consti- 
tution and the laws then in force, and thereafter said circuit court and judges, ex- 
cept in cases of which the St. Louis court of criminal correction has jurisdiction, 
shall have the same jurisdiction in criminal cases and matters arising in said 
city that under the constitution and laws is or may be vested in other circuit courts 
of the state. (Ib., p. 1382, sec. 6. R. 8S. 1899, p. 2538, sec. 27—s.) 

Sec.-87. Circuit court to finish up remaining business.—On that day all un- 
finished business remaining in said criminal court shall be transferred to said cir- 
cuit court, by which the same shall be proceeded with, determined and closed up in 
the same manner as might have been done by said criminal court if it had continued 
in existence. In all cases so transferred, said circuit court shall take judicia) no- 
tice of all entries of record made therein before the transfer thereof. (Ib., p. 132, 
sec. TL RES VL OS apa os SeCreee) 

Sec. 88. In cases of appeal or writ of error judgment to be remanded to circuit 
court.—All cases which prior to said day may have been taken by appeal or 
writ of error from said criminal court to the supreme court or the St. Louis court 
of appeals, shall, upon any judgment or decision of the supreme court or court of 
appeals thereafter made remanding the same, be remanded to said circuit court, 
and be there proceeded with as if the same had been taken from that court; and if 
any party to any action or proceeding in said criminal court shall, on or after said 
day, desire to sue out a writ of error therein, such writ shall be directed to the said 
circuit court, and be returned by the clerk for criminal causes thereof hereinafter 
mentioned. (Ib., p. 182, sec. 8. R.S. 1899, p. 2538, sec. 29.) 

Sec. 89. All judgments and decrees of criminal court unsatisfied shall be en- 
forced by circuit court—liens to continue in circuit court.—A1l1l judgments and de- 
crees of said criminal court remaining unsatisfied, unperformed or unexecuted 
shall be enforced by the said circuit court, in the same manner as if the same had 
been rendered or made therein. The lien of all such judgments and decrees shall 
continue as if the laws establishing said court were still in force, and may be re- 
vived by the said circuit court, in the manner provided by law for reviving the lien 
of its own judgments and decrees; and the clerk for criminal causes of said circuit 
court may, whenever required, issue execution on any such judgments or decree 
in any case authorized by law. (Ib., p. 138, sec. 9. R.S. 1899, p. 2538, sec. 30.) 


(7) Superseded by Laws 1905, p. 127-128, Secs. 4 and 35, set forth above [Sec. 59]. 


(s) The circuit court, under this section, has jurisdiction over misdemeanors pun- 
ishable by imprisonment in the penitentiary, the court of criminal correction over those 
Poa. 6a by impgsonment in jail, or fine, or both: State ex rel. vs. Foster, 187 Mo. 

9 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. Q5 


Sec. 90. Writs, rules and process, how returnable.—AI1] writs, rules, pro- 
cess and orders issued or made by said criminal court, and returnable to any term 
thereof which would be held after the day aforesaid if said court continued in ex- 
istence, and which shall not have been returned before that day, shall be valid, and 
be returned to said circuit court at such time as they would respectively have been 
returnable in said criminal court, and the said circuit court may enforce the return 
feeregr. (10... Dp, 133, sec. 10. R.:S. 1899) p. 2539, sec: 31.) 

Sec. 91. Clerk of St. Louis criminal court shall deliver books, records, furni- 
ture, etc., to clerk for criminal causes in circuit court.—On said first Monday of 
January, 1897, the clerk of said St. Louis criminal court shall deliver all the books, 
papers, records, furniture and other effects belonging to his office to the clerk for 
criminal causes of said circuit court, who shall thereafter have charge thereof and 
be responsible therefor, and perform such duties in relation thereto as he is re- 
quired by law to perform in regard to similar things appertaining to his own office; 
and he shall, when required, make and certify copies, transcripts and exemplifica- 
tions of any such books, papers and records; and the said circuit court shall have 
the same power and control over the books, papers and records so transferred to it, 
including the power to alter and amend the same in the cases allowed by law, as 
it has or may have over its own books, papers and records. (Ib., p. 133, sec. 11. 
Mesto o9. Dp. 2539, sec. 32.) 


Sec. 92. Salary of judges.—From and after the first Monday of January, 
1897, each of the judges of said circuit court of the said city shall receive yearly, in 
addition to the amount allowed by law to the several judges of the circuit courts, 
to be paid out of the state treasury, the further sum of three thousand five hun- 
dred dollars, to be paid’ out of the treasury of said city in monthly installmenis, 
which installments the municipal assembly of said city shall cause to be duly paid 
feeasaejudaeces, (1b., p..133, sec. 12.° R. S. 1899; p.°2539; sec. 34.) 

Sec. 93. Transfer and disposal of criminal causes—criminal causes to have 
precedence—grand jury.—On the first Monday of January, 1897, or as soon there- 
after as may be, the judges of said circuit court of the city of St. Louis, sitting in 
general term, shall assign two or more of their number, who shall sit separately, 
for the trial of criminal causes then or thereafter pending in said court, and for the 
disposition of such other business arising under the criminal jurisdiction of the 
court as may come before it, and to whom shall thereupon be transferred for trial 
and disposition, in such proportions between themselves as said [court] in general 
term shall determine, all of the unfinished cases, actions and proceedings which 
shall have been, on the first Monday of January, 1897, transferred to said court 
from the said criminal court. The judges so assigned for the trial of said criminal 
cases, and the disposition of other business arising under the criminal jurisdiction, 
shall try and dispose of the cases so transferred to them, and conduct the business 
arising under said criminal jurisdiction during such time or times as the court, in 
general term, may direct, and said general term shall, from time to time, replace 
the judges so assigned to try said criminal cases and dispatch said criminal busi- 
ness, with others of its members selected by it to that end, and, as far as practic- 
able, alternately and in rotation, so that from time to time each of their number 
shall in turn serve in the transaction of the criminal business of the court. And 
it shall be the duty of the judges sitting in general term to at all times so arrange 
the dockets of said court as [so] that the trial and disposition of criminal cases 
and proceedings shall have precedence over those of civil actions pending therein, 
and to that end they shall from time to time assign as many judges of said court for 
the trial of criminal cases as may be necessary. After the first Monday of Janu- 
ary, 1897, a grand jury shall be summoned each term to attend upon such division 
assigned to criminal business as said circuit court in general term shall direct. It 
shall be charged with regard to its duties by the judge of said court sitting in said 
division, and it shall return all indictments by it found, and deliver all reports by 
it made into said division. (Ib., p. 133, sec. 13; R. S. 1899, p. 2539, sec. 35.) 

Sec. 94. Office of clerk for criminal causes created—fees and compensation— 
amount of bond—term of office.—On and after the first Monday of January, 1897, 
there shall be an additional clerk of the said circuit court, to be known as the cir- 
cuit clerk for criminal causes of said circuit court, who shall have charge of the 
books, papers and records of said court pertaining to the criminal cases and busi- 
ness pending therein from time to time, and shall perform all the duties for the 
divisions of the said court assigned for the trial and disposition of criminal casesand 
busness, that under the law now existing are required to be performed for the said 
St. Louis criminal court by the clerk thereof. From and after said day in January, 
1897, and until the first Monday of January, 1899, whoever may be the clerk of the 
said criminal court on the day before the first Monday of January, 1897, shall per- 
form the duties hereby cast upon said circuit clerk for criminal causes of said cir- 
cuit court, and hold and exercise the office of such clerk. He shall for his services 
receive the same fees and compensation as by the law in force on said first Monday 


96 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 6. 


of January, 1897, is allowed to said clerk of said criminal court for like services, but 
not retaining in any year a greater amount of fees than under the law now in force 
is allowed to be retained by him for his services as clerk of said criminal court. He 
shall, on or before said first Monday of January, 1897, enter into a bond, payable 
to the state of Missouri, with good and sufficient securities, resident in said city, to 
the satisfaction of a majority of the judges, of said circuit court, in a sum not less 
than five thousand dollars, and as much more as a majority of said judges may 
require, conditioned that he will faithfully perform the duties of the office of cir- 
cuit clerk. for criminal causes of the circuit court of the city of St. Louis, and pay 
over all moneys which may come to his hand by virtue of his office, and that he, 
his executors or administrators, will deliver to his successor, safe and undefaced, 
all books, records, papers, seals, apparatus and furniture of his office of circuit 
clerk for criminal causes as aforesaid. At the general election in November, 1898, 
and every four years thereafter, there shall be elected by the qualified voters of 
said city a circuit clerk for criminal causes of the circuit court of the city of St. 
Louis, who, when so elected, shall be commissioned by the governor, and shall 
enter upon the discharge of his duties upon the first Monday of January ensuing 
his election. He shall hold his office for the term of four years, and until his 
successors shall be duly elected and qualified, unless sooner removed from office. 
He shall receive for his services the same fees as are or may be allowed to other 
circuit clerks in the state for like services, but not retaining in any year for his 
salary and services a greater amount of the fees of his office than under the law 
as now in force is allowed to be retained by the clerk of said criminal court. He 
shall use in the attestation of all writs and papers issued or made by him which 
are required to be under seal, the seal of said circuit court. (Ib., p. 134, sec. 14; 
R. S. 1899, p. 2540, sec. 36.) 


Sec. 95. Circuit and assistant circuit attorney shall manage and conduct all 
criminal causes—compensation.—On and after the first Monday of January, 1897, 
the circuit attorney and the assistant circuit attorney of the city of St. Louis shall 
manage and conduct all criminal cases, business and proceedings of which said 
circuit court shall have jurisdiction, in like manner as under the laws now in force 
they are required to manage and conduct the like cases and business of which the 
said St. Louis criminal court now has jurisdiction. Their compensation re- 
spectively shall, after said day, be the same as it now is, and be paid in the same 
manner as is now provided by law. .(Ib., p. 135, sec. 15; R. S. 1899, p. 2541, 
SEC. io Vs 


Sec. 96. Changes of venue, how eifected.—After said first Monday of Jan- 
uary, 1897, changes of venue shall be allowed from said circuit court in any 
criminal ease pending therein, for any cause for which such changes are or may 
be allowed from other courts of this state having criminal jurisdiction; but when- 
ever such changes is [are] asked on the ground of prejudice, interest, or other 
legal objection to any of the judges thereof who may have been assigned for the 
trial of such case, no change shall be awarded, but the case shall be transferred 
to another division of said court, to which the trial and disposition of criminal 
cases may have been allotted by the court. (Ib., p. 135, sec. 16; R. S. 1899, 
p2b4Losece ssh 


Sec. 97. Circuit court in general term may make rules to carry act into 
effect.—The judges of said circuit court sitting in general term are hereby 
empowered to adopt and promulgate from time to time such rules and regula- 
tions as may by them be found to be necessary or expedient to carry this act into 
effect, and to secure in said city as well an efficient administration of the laws of 
the state relating to crimes, as a prompt and thorough enforcement of the rights 
of persons and property under the laws relating to civil actions and procedure. 
CIDYrpel Soy BeCTVIAG IN war Loe oy peed el SObwe oor) 


Sec. 98. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Ib., p. 135, sec. 18.) 


Sec. 99. Emergency clause.—The existing delays in the administration of 
justice in both civil and criminal cases in the city of St. Louis constitute an 
emergency within the meaning of the constitution; and it is therefore enacted 
that this act shall take effect from and after its passage. (Ib., p. 135, sec. 19.) 


Sec. 100. Amount to be retained by circuit clerks and clerks of criminal 
courts—appointment of deputies—compensation, etc.—In all counties and cities not 
within the limits of a county having a population of three hundred thousand inhabi- 
tants or more, or such as may hereafter have three hundred thousand inhabitants or 
more, the clerk of the circuit court of such county or city may retain, out of the fees 
received by him as such clerk, an amount not exceeding the sum of five thousand dol- 
lars per annum for his services as such clerk. In all counties and cities not within 
the limits of a county, having a population of three hundred thousand inhabitants 
or more, or such as may hereafter have three hundred thousand inhabitants or 


ART. 3—4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 97 


more, the clerks of courts having criminal jurisdiction in such city or county shall 
receive an amount not exceeding five thousand dollars per annum for his salary 
and service as such clerk, to be retained out of the fees of his office. In all such 
cities or counties the clerk of such court shall have the right to select and appoint 
as many deputies, subject to the approval of the court, as may be necessary 
to perform the duties of his office, and shall fix the compensation of such deputies, 
not exceeding the sum of twelve thousand dollars in the aggregate, which deputy 
hire shall be paid out of the fees of his office. At the end of each year such clerk 
shall make out and return to the treasurers of said counties and cities not within 
the limits of a county, a full and correct statement of all such fees collected by 
them during the year, and in the event that the aggregate sum so collected shall 
not be equal to the amount of their respective salaries and that of their deputies 
as herein provided, the deficit shall be paid to such clerk out of the treasury of 
such counties and cities. (Laws 1905, p. 154; amending R. S. 1899, sec. 3271.) 
Sec. 101. Emergency clause.—The increase in the number of criminal 
divisions of circuit courts in this state and thenecessity for the increase in 
clerical force and labor in said courts creates an emergency within the meaning 


of the constitution, and this act shall take effect and be in force upon its passage. 
Pipy sec. 2.) 


ARTICLE III. 
OF PROBATE COURTS.* 


ARTICLE IV. 
THE ST. LOUIS COURT OF CRIMINAL CORRECTION.** 


Sec. 102. Court established.—There is hereby established in the county 
[city] of St. Louis a court of record, which shall be known and called ‘“‘the St. 
Louis Court of Criminal Correction.” (Laws 1865-6, p. 73, sec. 1; R. S. 1899, 
pD. 2041.) ? 

Sec. 103. A court of record.—Said court of criminal correction shall be a 
court of record, and shall possess all the powers, and perform the duties, and be 
subjected to the restrictions of a court of record, according to the laws of this 
state. (Laws 1869, p. 194, sec. 1; R. S. 1899, p. 2541—7.) 

Sec. 104. Election, qualification and terms of judge and officers.—At the 
general election, every four years, there shall be elected by the qualified voters of 
St. Louis county [city] a judge and clerk of said court, a prosecuting attorney, to 
be styled the prosecuting attorney for the [St. Louis] court of criminal correction 
of St. Louis county, and an assistant prosecuting attorney. Said judge shall 
possess the qualifications of a judge of the circuit court, and shall hold his office 
for the term of four years trom the time of his election, and until his successor 
shall be duly elected and qualified, unless sooner removed from office. Said clerk 
shall possess the qualifications of a clerk of the circuit court, and be subject to all 
the requirements and obligations exacted of and imposed by law upon clerks of 
courts of record, and shall hold his office for the term of four years from the time 
of his election, and until his successor shall be duly elected and qualified, unless 
sooner removed from office; and said clerk shall have power, by and with the con- 
sent of the judge of said court, to appoint one or more deputies, which said 
appointment shall be approved by said court; thereupon said court shall fix the 
salary of said deputy or deputies, and the said salary or salaries shall be paid 
monthly by the county [city] of St. Louis. Said prosecuting attorney and assistant 
prosecuting attorney shall possess the same qualifications as required by law for 
circuit attorneys; they shall hold their office for the term of four years, and until 
their successors shall be duly elected and qualified, unless sooner removed from 
Office. (Laws 1869, p. 194, sec. 2; R. S. 1899, p. 2542.) 

Sec. 105. Appointment, powers and pay of provisional judge.—In the event 
of the sickness or absence of the judge of said court, the circuit court of St. Louis 
county [city], or any judge thereof, in vacation, may appoint, for the time being, 
a provisional judge of said court, who shall possess the qualifications of a judge of 
the circuit court; and in the absence, sickness or other incapacity to act of the 


*The acts relating to Probate Courts, specially applicable to the City of St. Louis, 
Passed in 1897 (Acts 1897, p. 82; R. S. 1899, Secs. 6244, 6245 and 6246), were held void in 
Henderson vs. Koenig, 168 Mo. 356 (See s. Cc. 192 Mo. 690). Thereafter at the session 
of 1905, a new act was passed, general in its terms, but inconsistent with the prior 
Special act and operating to supersede the same, even if valid. The St. Louis Probate 
Court is now governed by that act: Laws 1905, p. 155-157. 


**Act creating the Court of Criminal Correction is not unconstitutional: State vs. 
Ebert, 40 Mo. 186. 


(4) See note infra, Sec. 114. 


98 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


judge of said court, said provisional judge shall have all the power and perform 
all the duties conferred and imposed by law upon said judge of said court; and if 
the absence, sickness, or incapacity to act of said judge shall continue, at any time, 
for a period exceeding one day, 1t shall be the duty of the clerk of said court to 
certify the same to the auditor of St. Louis county [city], who shall deduct, in his 
next monthly payment, from the salary of said judge the number of days absent, 
and the amount thereof in proportion to his salary; and during the time said 
provisional judge shall actually perform the services and duties of said judge, he 
shall receive tne same salary as said judge, to be paid out of the treasury of said 
county [city] out or the salary of said judge. (Laws 1869, p. 195, sec. 4; R. S. 
1899, p. 2542—w.) 

Sec. 106. Removal from office of officers.—The officers named in this act 
may be removed from office for the same cause and in the same manner as judges 
of the circuit court, clerks of courts of record and circuit attorneys may by law 
be removed, and all vacancies in either of said offices shall be filled, and all con- 
tested and tie elections shall be determined as in cases of circuit judges, clerks of 
courts of record and circuit attorneys. (Laws 1869, p. 195, sec. 5; R. S. 1899, 
p. 2542.) 

Sec. 107. Certificate of election and commission of judge.—Immediately 
after any election had for judge of said court, the clerk of the county court of St. 
Louis county [register of the city of St. Louis] shall transmit to the governor of 
the state a certificate of such election, and the governor shall thereupon issue a 
commission to the person so certified to be elected as judge of the St. Louis court 
of criminal*correction»)(Liaws 1869, pnp. 195, sec.6; ho of Loo delee ee 

Sec. 108. Powers of judge.—The judge of said court shall be a conservator 
of the peace within the county [city] of St. Louis; he shall have power to issue writs 
of habeas corpus and determine the same, administer oaths, take and acknowledge 
recognizances in all cases within the jurisdiction of said court, and in eases of 
felony he shall have and may exercise all the powers of an examining magistrate; 
but all complaints or information and affidavits setting forth the offense in pre- 
liminary examinations of felony in said court, as well as in cases of misdemeanor, 
shall be prepared or approved by said prosecuting or said assistant prosecuting 
attorney, or the person for the time being acting as such, and shall be sworn to 
before the clerk of said court, and all warrants and processes in such cases shall 
be issued under the hand of the clerk of said court, with the official seal of said 
court thereto affixed, and such examinations shall be conducted during the open 
session of said court. (Laws 1869, p. 195, sec. 7; R. S. 1899, p. 2542—v.) 

Sec. 109. Salary of judge and officers.—The judge of said court shall have 
an annual salary of four thousand dollars; the prosecuting attorney of said court 
shall have an annual salary of three thousand five hundred dollars; the assistant 
prosecuting attorney of said court shall have an annual salary of two thousand five 
hundred dollars, and the clerk of said court shall have an annual salary of two 
thousand five hundred dollars—said salaries to be paid monthly by the county 
[city] of St: Lows. (Laws 1873; pnb. see.7ss"R28.518995 p20 456) 

Sec. 110. Seal.—The clerk shall keep a seal of said court, with such 
emblems and devices as shall be prescribed by the judge thereof. (Laws 1869, 
DV LOO PISEC LD aT) Ord oo Garo cre) 

Sec. 111. Fees and costs.—In all cases brought before said court in which 
final judgment shall be rendered, the clerk shall issue execution or fee-bill, as the 
case may be, and shall therein tax all such fees as are at the time allowed by law, 
except witness fees, which shall be charged only when claimed in open court, at 
the rate of fifty cents per day for each day's attendance; such examinations or 
fee-bills shall be delivered to the marshal [sheriff] of St. Louis county [city], and 
it shall be the duty of said marshal [sheriff] to forthwith execute and return 
the same to said court within thirty days from the issue thereof, showing how 
he executed the same; but such marshal [sheriff] shall receive no fees for any 
nulla bona or non est inventus upon any execution, subpoena, attachment, oer other 
process issued out of said court. (Laws 1869, p. 196, sec. 10; R. S. 1899, 
p. 2548.) 

Sec. 112. Statements of fines, penalties and forfeitures.—The clerk of said 
court shall, as often as required by said court, make and certify to the auditor of 
St. Louis county [city] a detailed statement of all the fines, penalties and 
forfeitures imposed by said court, and collected by the marshal [sheriff] of St. 


(u) Special judge of this court, see State ex rel. vs. Wilder, 198 Mo. 166, 173. 


(v) When this section is taken in connection with other sections, it does not follow 
that a continuance granted by the Court of Criminal Correction without the knowledge 
of a surety, operates to release the latter: State vs. Epstein, 186 Mo. 144. 147. The 
judge has no power to release on habeas corpus, one indicted for murder, where either 
of the criminal courts are in session: State ex rel. vs. Murphy, 132 Mo. 382. This court 
performs the dual function of an examining magistrate and of a trial court, depending 
on the nature of the cause: State vs. Hoeffner, 44 Mo. App. 543. 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. gg? 


Louis county [city], and said clerk shall at the same time make a like statement of 
fines, penalties and forfeitures, and all costs by him collected, and shall pay the 
same into the county [city] treasury at the time of making said required state- 
ment. (Laws 1869, p. 196, sec. 11; R. S. 1899, p. 2543—w.) 3 

Sec. 113. Court-room and offices—stationery—marshal.—The county court 
[municipal assembly] of St. Louis county [city] shall provide rooms for said 
court, and the clerk thereof, in the court-house of said county [city], or in such 
other building as said county court [assembly] may contract or provide for the 
holding of courts, and also a suitable office for said assistant prosecuting attorney 
in said court-house, or near thereto, and the said county court [assembly] shall 
furnish said rooms and said assistant prosecuting attorney’s office, with fuel and 
light, and other things, as may be necessary for the court. The marshai [sheriff ] 
of said county [city] shall attend said court of criminal correction, and all sta- 
tionery actually required for the use of said court, or the officers thereof, shall be 
furnished by the county [city] of St. Louis, upon the application of the clerk of 
Said court. (Laws 1869, p: 196, sec. 123 R. S. 1899, p. 2543.) 

See. 114. Jurisdiction.—Said court shall have exclusive original jurisdictiom 
of all misdemeanors under the laws of the state committed in St. Louis county 
[city], the punishment whereof is. by fine, or imprisonment in the county jail, or 
both, or by any forfeiture, except cases of assault and battery, and affray or riotous: 
disturbance of the peace, which [are] cognizable by justice of the peace, and in 
relation to which the jurisdiction of said court shall be concurrent with them; and 
the said court shall have concurrent jurisdiction with the police court of the city 
of St. Louis of all offenses which may be declared to be misdemeanors under any 
law of the state, and which may also be a violation of any ordinance of the city of 
St. Louis: Provided, that any action pending or which has been decided in either 
of said courts may be pleaded in bar or in abatement, as the case may be, to a 
prosecution in the other of said courts for the same offense, with the like effect as 
if said prosecution were pending in the same court, or had been decided in the 
same court: Provided, that this act shall not be so construed as to give to said 
police court jurisdiction of any prosecution for a misdemeanor instituted in the 
name of the state of Missouri. It shall be the duty of the chief of police of said 
city to report within twenty-four hours after arrest by the police, to the assistant 
prosecuting attorney of said court of criminal correction, the names of all persons 
charged with misdemeanors under the laws of this state, together with the 
prosecuting witnesses, and the names and residences of all other material wit- 
nesses in such case, which report shall be received by said assistant prosecuting 
attorney, and he shall thereupon proceed to institute such prosecution as required 
by law; any willful failure on the part of said chief of police, or other officer 
whose duty it shall be to aet in the premises, to comply with the provisions of this 
section, shall be deemed a misdemeanor, whereof the party offending may be 
instituted [indicted] and punished by a fine of not less than ten nor more than 
one hundred dollars, any law of this state or any ordinance of the city of St. 
Louis to the contrary notwithstanding. (Laws 1869, p. 196, sec. 138; R. S. 1899, 
p. 2544—w2.) 

Sec. 115. Appellate jurisdiction.—In addition to the other powers conferred 
by this act on the court of criminal correction, said court shall have and exercise 
appellate jurisdiction in all cases of a criminal nature appealed from justices of 
the peace in the county [city] of St. Louis, and all such appeals shall be to said 
court of criminal correction, in the same manner and form as in such cases as 
heretofore appealed to the St. Louis criminal court. (Laws 1869, p. 197, sec. 14; 
meee. 1699, p. 2543.) 


(w) The court has no authority to require the sheriff to pay into court money 
collected on fines and forfeitures which go into the school board funds; it can only 
order a settlement and have the amount found due transmitted to the school board: 
In re Staed, 116 Mo. 537. 


(x) The St. Louis Court.of Criminal Correction is of statutory origin; and while 
for some purposes it is denominated a court of record, it is not one proceeding accord- 
ing to the course of the common law, is of limited and special jurisdiction and does not 
possess any jurisdiction not expressly conferred on it: State vs. Anderson, 191 Mo. 134; 
Ex Parte O’Brien, 127 Mo. 477; State ex rel. vs. Murphy, 132 Mo. 382, 384; St. Louis vs. 
Saitz, 160 Mo. 74, 76. 


A sentence to jail instead of the work house is not for that reason void: State vs. 
Bougher, 7 Mo. App. 573 (memo.) As to imprisonment in the House of Correction, in- 
stead of work house, of minors under certain age, see In re Larkowski, 94 Mo. App. 623. 
As to place and length of imprisonment, see note to sec. 133 below. 


The Court of Criminal Correction has jurisdiction over misdemeanors punishable by 
imprisonment in jail or fine or both, and the Circuit Court over such misdemeanors as 
are punishable by imprisonment in the penitentiary: State ex rel. vs. Foster, 187 Mo. 
590, 600. The Court of Criminal Correction had exclusive original jurisdiction of all 
misdemeanors at the time of its establishment in 1866, in the then county of St. Louis, 
but now only in the City of St. Louis. 198 Mo. 166, 172. This court is a criminal court 
ot the meaning of the statutes: State ex rel. vs. Wilder, 198 Mo. 166, 171 and cases 

ed. 


Right to naturalize aliens: 39 Fed. 49. 


100 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 116. Sessions—continuances.—Said court of criminal correction shall 
be in session each and every day in the week, except Sunday, and state and 
national holidays, and the proceedings therein shall be conducted in a summary 
manner, and no continuance shall be granted to the defendant in any case for a 
period longer than one day, except upon the affidavit of the defendant: Provided, 
the court may and is hereby empowered to establish such rules and regulations in 
relation to continuances as shall be just and proper to prevent delay and pro- 
crastination. (Laws 1869, p. 197, sec. 15; R. S. 1899, p. 2543—~y.) 

Sec. 117. Practice and proceedings.—The proceedings of said court shall be 
governed by the laws regulating proceedings and practice in criminal cases, so far 
as the same may be applicable, and no written pleadings shall be required of the 
defendant in any case. (Laws 1869, p. 197, sec. 16; R. S. 1899, p. 2543—z.) 

Sec. 118. Recognizances and forfeitures.—Said court shall have power to 
take recognizances in all cases within its jurisdiction, to declare forfeitures of the 
same, and award executions upon such forfeitures, in like manner and with the 
same legal effect as the St. Louis criminal court is authorized to do. (Laws 1869, 
p. 197, sec. 17; R. S. 1899, p. 2544—a.) 

Sec. 119. Duties of the prosecuting attorney.—The prosecuting attorney of 
said court shall attend to and prosecute all suits brought therein, and it shall be 
his duty to appear for the state in all cases appealed from said court to the 
supreme court [St. Louis court of appeals] of this state; it shall be the duty of 
said assistant prosecuting attorney to attend, at his office, on each secular day of 
the week, for the purpose of preparing all complaints, affidavits, informations and 
pleas required by law to be lodged in said court. (Laws 1869, p. 197, sec. 18; 
RR; 8. 1899, p. 2545.) 

Sec. 120. Prosecutions to be by information—proceedings.—No indictment 
shall hereafter be found for any misdemeanor under the laws of this state, com- 
mitted in the county [city] of St. Louis, the punishment whereof is by fine or 
imprisonment in the county jail, or both, or by any forfeiture; but the same shall 
be presented to the court of criminal correction by information. An information 
in any such case may be lodged by the prosecuting attorney for said court, or by 
said assistant prosecuting attorney, or by any other person; if lodged by said 
prosecuting attorney, it need not be under oath; if lodged by any other person, he 
shall swear to the same to the effect that he believes it to be true; if made without 
oath, the process issued thereon shall be a summons requiring the party to appear 
and answer forthwith, or at a future day to be named therein; if there be a default 
of the appearance of any party so summoned, the court shall proceed to hear the 
evidence, and to render such judgment as may be authorized by law and required 
by the nature of the case; if the information be under oath, a warrant shall issue 
for the apprehension of the party charged with the offense. (Laws 1869, p. 197, 
sec. 19; R. S. 1899, p. 2545—b.) 


(vy) Since the court is required to be in session every day, it has no terms: St. 
Louis vs. Saitz, 160 Mo. 74. The above section confers on the court additional powers 
respecting continuances to those conferred on magistrates by sec. 2448 R. S. 1899; hence 
a continuance for more than ten days without consent of a surety on the defendant’s 
bond, does not release the surety: State vs. Epstein, 186 Mo. 144. 


z) The provision of the statute providing for a change of venue to another justice 
in preliminary examinations for felonies, because of disqualification of the justice of 
the peace, applies to preliminary examinations in the court of criminal correction, so 
that after such proceeding the judge has no jurisdiction; but the sections providing for 
election of special judge by reason of the incompetency and disqualification of the judge 
of a criminal court, does not apply to the court of criminal correction in case of felony 
examinations, but do apply to cases of misdemeanors: Ex Parte Bedard, 106 Mo. 616; 
see also State ex rel. vs. Wilder, 198 Mo. 166, 171. 


(a) It is held in State vs. Hoeffner, 44 Mo. App. 543, that the court of criminal 
correction exercises the dual function of an examining magistrate and of a trial court. 
In every case which it has jurisdiction to try, it may take the recognizance of the 
accused for his appearance and declare a forfeiture thereon, and award execution, in 
like manner as the criminal court; in felony cases, it can act as examining magistrate 
only, take such recognizance, and if the accused fails to appear enter default, but there- 
upon it must certify the recognizance with the record of default to the criminal court. 
See to same effect, State vs. Hoeffner, 63 Mo. App. 409. 

(6) This section is upheld as constitutional in State vs. Ebert, 40 Mo. 186. The 
provision that information made by a private person will be sufficiently verified if he 
swear “that he believes it to be true,’’ was repealed by act of April 12, 1877: State vs. 
Bennett, 102 Mo. 356, 370. As to sufficiency of affidavit in information, and who may 
make same, see Ib; also State vs. Speritus, 191 Mo. 24, 38; State vs. Luman, 66 Mo. App. 
472; Ex Parte Thomas, 10 Mo. App. 24; State vs. Armstrong, 106 Mo. 395; State vs. Fitz- 
porter, 17 Mo. App. 271 (this case also holding that the person signing as “acting 
prosecuting attorney” is presumed to be such in fact); State vs. Kaub, 19 Mo. App. 149. 
The functions of Assistant Prosecuting Attorney of the St. Louis Court of Criminal Cor- 
rection were not abolished by act of April 12, 1877, and the incorporation thereof into 
the Revised Statutes, and as the duty of preparing informations is specially committed 
to him, the affidavit forming the basis of the information is properly lodged with him: 
State vs. Daly, 49 Mo. App. 184. As to whether an offense is a misdemeanor or felony, 
determining whether same be tried in the Court of Criminal Correction or the Circuit 


Court, see (referring to the above section 19) State ex rel. vs. Foster, 187 Mo. 590, 
601, 609. 


ART. 4.| STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 101 


Sec. 121. Statutes of jeofails.—The statutes of jeofails, as applicable to 
criminal proceedings and pleadings, shall apply to all informations lodged in said 
court, and the court shall have power to permit any amendments of information, 
process or proceedings in furtherance of the ends of justice at any time before the 
determination of the suit. (Laws 1869, p. 197, sec. 20; R. S. 1899, p. 2545.) 

Sec. 122. Proceedings when felony appears—same in criminal court, as to 
misdemeanors.—If, in the course of any proceeding in said court, by information 
or otherwise, it shall appear that the defendant has been guilty of felony, the court 
shall dismiss as to the lesser offense, and proceed to examine the matter and 
commit or bail the defendant to answer an indictment ,in the St. Louis criminal 
court; and if, upon the trial of a party charged with felony in the St. Louis 
criminal court, it should appear that the defendant is guilty of misdemeanor only, 
the case shall not therefore be dismissed, but shall be proceeded on to judgment 
in said criminal court, to the same effect as if the defendant had been tried for 
misdemeanor in the court of criminal correction. (Laws 1869, p. 198, sec. 21; 
Hie. 1899, p.. 2546.) 

Sec. 123. Convictions for less offense.—Under an information for petit 
larceny the defendant may be convicted of embezzlement, if the amount be under 
ten dollars, or such sum as would not constitute grand larceny, and in like manner 
a defendant charged with embezzlement may be convicted of petit larceny. (Laws 
1869, p. 198, sec. 22; R. S. 1899, p. 2545.) 

Sec. 124. Jurors.—The jury commissioner of St. Louis county [city], when 
required, shall furnish said court with jurors, as in other courts. (Laws 1869, 
Dp, 198, sec. 23; R. S. 1899, p. 2545.) 

Sec. 125. Insolvent law not applicable, when.—No person convicted in said 
court, or in the St. Louis criminal court, as hereinbefore provided, of a mis- 
demeanor under the laws of this state, and sentenced to the payment of a fine and 
the costs therein accrued, shall be allowed to avail himself (or herself) of the 
provisions of any act for the relief of insolvent debtors. (Laws 1869, p. 198, 
sec. 24; R. S. 1899, p. 2545—c.) 

Sec. 126. Lien of judgments and executions.—The judgments rendered by 
said court of criminal correction shall be and constitute a lien upon the real estate 
of a party convicted therein, and all executions issued shall be a lien upon the 
personal property of any defendant convicted in said court from the date of issue 
thereof. (Laws 1869, p. 198, sec. 25; R. S. 1899, p. 2546.) 

Sec. 127. Appeals and writs of error.—An appeal shall be allowed the 
defendant from any final judgment of said court to the supreme court [St. Louis 
court of appeals], if applied for within ten days after the rendition of such judg- 
ment, but not otherwise. The manner of taking such appeals shall be the same, 
as near as may be, as is prescribed by law for [taking] appeals from circuit courts 
in criminal cases. Writs of error shall be allowed upon any final judgment of 
said court, and may be prosecuted and issued from the supreme court [St. Louis 
court of appeals], in like manner and with similar effect as writs of error to the 
St. Louis criminal [circuit] court. (Laws 1869, p. 198, sec. 26; R. S. 1899, 
p. 2546—d.) 

Sec. 128. Power over officers collecting fines.—Said court shall have power 
and is hereby required to see that all officers in the county [city] of St. Louis, 
charged with the collection of fines, penalties and forfeitures, for misdemeanors 
under any law of this state, pay the same into the county [city] treasury as 
required by law, and for that purpose, said court shall have power to cite and 
compel every such officer, at least once in every three months, and oftener if need 
be, to make a written report, under oath, of all such fines, penalties and 
forfeitures collected by him; and if any such officer shall fail to make such report 
when cited, or to pay over the amount collected by him as required by law, then 
said court may compel him thereto, by attachment of his body. (Laws 1869, 
feeLes, sec. 21; R. S. 1899, p. 2546.) 


(c) See In re Lorkowski, 94 Mo. App. 623, 627 et seq, discussing the bearing of 
this and other provisions. 


(d) The court of criminal correction, being of limited jurisdiction, possesses only 
such powers as are conferred upon it by statute, which with respect to the time of 
writing and filing a bill of exceptions is at the time or during the term of the court 
at which they are taken or within such time thereafter as the court may by an order 
entered of record allow. If the bill is not filed at the time and as there are no terms 
of court, in the absence of an order of court entered of record extending the time for 
its filing, a bill of exceptions will be disregarded by the appellate court: St. Louis vs. 
Saitz, 160 Mo. 74, 76. All appeals, from any decision, must be taken within three days 
after trial, and bills of exception should be signed and filed before the appeal is taken. 
Where counsel consent that time be granted to file bills of exceptions and take appeals, 
the consent should be entered of record: State ex rel. vs. Judge St. L. Ct. Crim. Cor., 
41 Mo. 598. A writ of error may be prosecuted by the State to review a judgment of 
the St. L. Ct. Crim. Cor. quashing an information as based on an unconstitutional law: 
State vs. Burgdoerfer, 107 Mo. 1. A defendant may appeal to review a judgment based 
on violation of a city ordinance, being a civil action, but the city must proceed by 
writ of error: St. Louis vs. Marchel, 99 Mo. 475. 


102 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


Sec. 129. Lists of officers, how furnished.—The clerk, of the county court 
[register] of St. Louis county [city], shall, from time to time, as changes may 
occur, furnish to said court the names of all the officers contemplated by the next 
preceding section. (Laws 1869, p. 198, sec. 28; R. S. 1899, p. 2546.) 

Sec. 130. Supervision over property found on person of offenders.—The said 
court shall exercise a careful supervision over all officers connerted therewith in 
relation to money or other property found on the persons of offenders, and taken 
from them, and shall see that the same is properly preserved; that the rights of 
offenders or other parties in relation thereto are protected and enforced, and that 
all laws applicable to such cases are duly executed; and it shall have power to 
enforce all its orders in relation to such matters by attachment of the body. (Laws 
1869; po 198isec: 29tARE BAS 99 ss. 2b 46%) 

Sec. 131. Prosecutor liable for costs, when.—In all cases of misdemeanor 
under any law of this state, when the information is lodged by a person other than 
the prosecuting attorney, or assistant prosecuting attorney, or any state or county 
officer in the discharge of his official duty, the person swearing to such informa- 
tion shall be liable for all costs accruing in the case, if the defendant be acquitted, 
and judgment shall be rendered and execution issued therefor against him. (Laws 
1869, p. 199, sec. 80; R. S. 1899, p. 2546.) 

Sec. 132. Power of court to reduce punishment.—Said court shall have 
power, in all cases of conviction, to reduce the extent and duration of the punish- 
ment assessed by a jury, if in its opinion the conviction is proper, but the punish- 
ment assessed is greater than under the circumstances of the case ought to be 
‘inflicted: Cuaws 1869; p.199,-sec: 377 Ro S218 995 pp. 2046)) 

Sec. 133. Sentence and place of imprisonment.—Whenever the punishment 
of any misdemeanor is partly or wholly by imprisonment in the county jail, the 
party convicted in said court shall, instead of being sentenced to imprisonment in 
said jail, be sentenced to imprisonment in the work-house of the city of St. Louis, 
or such other place of imprisonment as the county [city] of St. Louis may provide 
for that purpose, and be there kept at hard labor during the period of imprison- 
ment to which such party may be sentenced; but no sentence shall be for a longer 
period than six months, for any cause; nor shall any person be detained for a 
greater period by reason of his or her failure to pay any fine or costs that may 
be imposed by said court. (Laws 1869, p. 199, sec. 32; R. S. 1899, p. 2546—e.) 

Sec. 134.—Sentence includes hard labor—rules.—Every person committed to 
the work-house, or other place of punishment provided by said county [city], by 
said court of criminal correction, shall be put to hard labor, at such work as his or 
her strength and health will permit, whether within or without such place of 
imprisonment, and shall be under the control and management of those having 
charge of such prison, subject to such rules and regulations as the county court 
or city council [municipal assembly] of St. Louis city may establish for such 
prisons, and if the said party committed is unable to pay the fine and costs, if such 
be the punishment for the offense, in whole or in part, in payment of such fine and 
costs, the party committed shall be allowed for his or her work at the rate of fifty 
cents per day, nor shall an imprisonment for non-payment of fine and costs exceed 
the period of six months. (Laws 1869, p. 199, sec. 33; R. S. 1899, p. 2547—f.) 

Sec. 135.—Payment of fine after commitment.—Any person, after being com: 
mitted to the work-house or other place of imprisonment provided by the county 
[city] of St. Louis, for non-payment of his or her fine and costs, desiring to pay 
the same, shall make application to the judge of said court of criminal correction, 
who shall in open court order the fine and all costs of such person to be paid to the 
élerk of said court, whose duty it shall be to receive the same, enter satisfaction 
on the execution in his execution book, and give notice in writing, under the seal 
of said court, to the superintendent or person having charge and control of said 


(e) This section is valid in so far as it fixes the place of imprisonment, and void 
in so far as it fixes a different punishment from the general law: Ex Parte Thomas, 10 
Mo. App. 24, following Jilz Case, 3 Mo. App. 243; see also In re Jilz, 64 Mo. 243, 246. In 
State vs. Buchardt, 144 Mo. 83 also, this section in so far as inflicting a different pun- 
ishment for petit larceny than the general State law, is held unconstitutional, but the 
conviction (for one year) was sustained because of another statute allowing at the 
courts’ discretion, sentence to the workhouse instead of county jail, and the sentence 
here was for the same period. See also In re Lorkowski, 94 Mo. App. 623, holding that a 
prisoner is entitled to allowance in working out his fine under the State law at a 
dollar a day instead of as provided in the section succeeding this one, following the 
eases above cited. 


As to imprisonment in work house or jail, see also note ante to sec. 114. See also 
ordinances and notes thereto appended respecting work house in Rev. C. Ch. 21, Art. 4 
(secs. 1742 et seq.) and note to R. C., sec. 1265. 


(f) This section fixing the allowance at fifty cents per day is in conflict with 
sections 2384 and 1793 of the R. S. 1899, allowing one dollar per day to the prisoner, and 
the latter, passed at a subsequent date, operates to repeal the former: In re Lor- 
kowski, 94 Mo. App. 623, 629, also discussing the provisions relating to commitment to 
House of Refuge instead of workhouse and holding them partly void. In a concurring 
opinion Judge Goode holds the law of commitment to House of Refuge void altogether 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 103 


work-house, that the execution against such person has been fully satisfied, where- 
upon such person shall immediately be discharged from said work-house or place 
of punishment. (Laws 1869, p. 199, sec. 34; R. S. 1899, p. 2547.) 

Sec. 136. Place of imprisonment, how provided.—The county court of St. 
Louis county shall have power to contract with the city of St. Louis for the use of 
the city work-house for the purpose of confining and. putting to labor therein the 
persons convicted in said court, or said county court may provide a suitable place 
other than the said work-house, as a prison for such persons, and in that event, 
then such persons shall be sentenced to confinement in such prison as the county 
may have provided. (Laws 1869, p. 199, sec. 35; R. S. 1899, p. 2547.) 

See. 137. Appeals from police court.—Hereafter all appeals from the police 
court or the police judges of the city of St. Louis [in the county of St. Louis], shall 
be made to, and tried and determined by, the St. Louis Court of Criminal Correc- 
tion, in the same manner as provided by law in regard to other cases of appeal to 
said court. (Laws 1873, p. 358, sec. 1; R. S. 1899, p. 2547—g.) 

Sec. 138. Costs in criminal cases.—All the provisions of the act concerning 
costs in criminal cases shall be held to apply to the St. Louis court of criminal 
correction, and the duties devolved by said act upon the officers therein named are 
hereby devolved upon the officers of said court, respectively, with reference to all 
cases brought in said court, and such costs shall be paid as in said act provided, 
and the fee-bills in all cases shall be taxed and certified on the first Monday of 
every month, or as soon thereafter as the business of said court will permit. 
(Laws 1881, p. 107; R. S. 1899, p. 2547, sec. 37—h.) 

eC Lo Uc Fee- bill, how made and certiiigite atom édlarein upon the 
passage of this act, the clerk of said court shall tax fees in all cases as provided by 
law, and make out fee-bills for the same, which said fee-bills shall be delivered to 
the judge and prosecuting attorney of said court, and examined by them. If said 
judge and prosecuting attorney find the said fee-bills to be correct, they shal) 
certify the same for allowance and payment to the state or city auditor, as the 
case may be, and said fee-bills shall be audited and paid as other costs in criminal 
cases: ~ (Laws 1881, p. 1073 R: 8S. 1899,-p. 2547.) 


ARTICLE IVa. 
COURT OF GENERAL SESSIONS.* 


Sec. 139a. Court of record established, name.—There is hereby established 
in the city of St. Louis a court which shall be called and known as.the St. Louis 
Court of General. Sessions. Said court shall be a court of record, with criminal 
jurisdiction, as hereinafter provided, and it shall possess generally the powers, 
perform the duties, and be subject to the restrictions of a court of record according 
to the laws of this state. (Laws 1907, p. 212, sec. 1.) 

Sec. 139b. Election and qualification of judge, appointment.—At the gen- 
eral election in November, 1908, and every four years thereafter, there shall be 
elected by the quai:ified voters of the city of St. Louis a judge of said court, who 
shall possess all the qualifications of a judge of the circuit court and shall hold 
his office for the term of four years from and after the first Monday in January 
next succeeding his election and until his successor shall be duly elected and 
qualified; unless sooner removed from office under the general provisions of the 
law for the removal of judges from office. Upon the going into effect of this act, 
the governor shall appoint a judge of said court, who shall serve as such judge 
until the first Monday in January, 1909, or until the duly elected judge of said 
court shall be qualified. (Ib., p. 213, sec. 2.) 

Sec. 139c. Appointment, powers and pay of provisional judge.—In the 
event of the sickness, absence, or any inability to act, of the judge of said court, 
the circuit court in the city of St. Louis, or any judge thereof, in vacation, may 
appoint for the time being a provisional judge of said court, who shall possess the 
qualifications above prescribed, and such provisional judge for the time being, 
having first taken the oath of office, shall have all the powers and perform all the 
duties conferred and imposed by law upon the judge of said court. If the sick- 
ness, absence, or inability to act, of the regular judge shall continue, at any one 
time, for a period exceeding one day, it shall be the duty of the clerk of said 
court to certify the fact to the auditor of the city of St. Louis, who shall deduct, 


(g) Appeals from the Police Court to the Court of Criminal Correction under this 
section are to be taken as appeals from convictions before justices of the peace else- 
where in the State; the affidavit for appeal should be filed the same day of the convic- 
tion, unless some 00d reason for delay is shown: St. Louis vs. Gunning Co., 138 
Mo. 347. See further as to appeals Session Laws 1907, p. 91. And see particularly note 
to sec. 1305 of Rev. Code. 


(hk) State ex rel.. vs. Wilder, 198 Mo. 1. c. 172. 


*This court was created at the 1907 session of the Legislature (act of April 15, 
1907) and too late to permit of insertion of the sections in regular succession, hence 
the use of alphabetical lettering. 


104 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


in his next monthly payment, from the salary of said regular judge the number 
of days absent and the amount thereof in proportion to his salary, and during the 
time said provisional judge shall actually perform the service and duties of such 
judge he shall receive the same salary as said regular judge, to be paid out of the 
treasury of the city of St. Louis out of the salary of said regular judge. (Ib., 
sec. 3.) 


Sec. 139d. Jurisdiction of court and judge, salary.—faid court of general 
sessions shall have exclusive jurisdiction in the city of St. Louis of the hearing 
and determination of all preliminary examinations of charges of felony, 
and in misdemeanors, as hereinafter provided, and the judge of said 
court shall possess all the power of an examining magistrate in felony 
cases as exercised by justices of the peace generally under the laws of this state. 
Said judge shall be a conservator of the peace within the city of St. Louis; he 
shall have power to issue writs of habeas corpus in matters of a criminal nature, 
and determine the same, to administer oaths and affirmations, and to take and 
acknowledge recognizances in all cases within the jurisdiction of said court. He 
shall receive an annual salary of four thousand dollars, to be paid in monthly 
installments by the city of St. Louis. (Ib., sec. 4.) — 

Sec. 139e. Clerk of the court.—The clerk of the circuit court for criminal 
causes in the city of St. Louis shall be ex officio clerk of said court of general 
sessions; he shall have power to appoint one or more deputies for service in said 
court, as necessities may require, under the direction of said court, and in addition 
to the salary now allowed to him by law he shall receive a further compensation 
not to exceed $2,500.00, to be retained out of the fees and costs collected by him, 
as now provided by law. Said amount of $2,500.00, to be applied to the payment 
of the salaries of deputy clerks and to be in full therefor. He shall have charge 
of the books, papers, records and seal of the said court of general sessions and 
the business pending therein, and shall perform generally all the duties of a clerk 
of a court of record therein. Said clerk shall keep a seal of said court of general 
sessions, with such emblems and devices as shall be prescribed by the judge of 
said court, which seal shall be used by said clerk in attesting all writs, process, 
papers and documents signed and issued by him; and all such writs, process, 
papers and documents shall be signed by him as clerk of the St. Louis court of 
general sessions. (Ib., sec. 5.) 


Sec. 139f. Informations and process.—After the going into effect of this 
act, all causes and proceedings in said court of general sessions shall be instituted 
and prosecuted by the circuit attorney of said city of St. Louis and his assistants. 
All informations setting forth the offense in preliminary examinations on charge 
of felony shall be prepared and lodged by said circuit attorney or his assistants, 
and shall bé sworn to before the clerk of the circuit court for criminal causes as 
ex officio clerk of said court of general sessions. All warrants and process in 
such cases shall be issued under the hand of said clerk with the official seal of 
said court thereto affixed, as above provided. (Ib., p. 214, sec. 6.) 


Sec. 139g. Sessions and continuances.—Said court of general sessions shall 
be in session on each and every day in the year, except on Sundays and on national 
and state holidays. The proceedings therein shall be conducted in a summary 
manner, and no continuance shall be granted to the state nor to the defendant for 
a period longer than three days except upon the affidavit of the party applying 
therefor: Provided, that the court may establish such rules in relation to con- 
tinuances as shall be just and proper to prevent undue delay, or to prevent 
injustice to the defendant, and the costs of any continuance shall be taxed against 
the party applying therefor, unless the court for good cause shall otherwise order. 
(Ib., sec. 7.) 


Sec. 189h. Practice and proceedings.—The proceedings of said court shall 
be governed by the laws regulating proceedings and practice in criminal cases, so 
far as the same may be applicable, and no written pleadings shall be required of 
the defendant in any case. All examinations shall be conducted during the open 
sessions of said court, and all persons may freely attend the same; and the court 
may assign counsel to defendants under the same circumstances as in other 
criminal trials. The court may establish rules of practice for the convenience 
and dispatch of business, not inconsistent with the laws of the state. (Ib., sec. 8.) 


Sec. 139i. Statutes of joefails.—The statutes of joefails, as applicable to 
criminal proceedings and pleadings, shall apply to all informations lodged in 
said court; and the court shall have power to permit any amendments of informa- 
tion, process or proceedings in furtherance of the ends of justice at any time before 
the determination of the cause. (Ib., sec. 9.) 


Sec. 139j. Recognizances.—Said court shall have power to take recog- 
nizances in all cases within its jurisdiction and to declare forfeiture of the same. 
When judgment of forfeiture has been entered on any such recognizance, the clerk 


ART. 4a.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 105 


must certify and return to the circuit court division having eriminal jurisdiction 
in said city the recognizance and a transcript of his record in relation thereto, to be 
proceeded on in said circuit court as other forfeited recognizances in criminal cases 
in said circuit court. (Ib., sec. 10.) 

Sec. 139k. Proceeding when misdemeanor . appears.—Whenever, in the 
course of any proceeding in said court upon an information for felony, it shall 
appear that the defendant has been guilty, in the particular matter, of a mis- 
demeanor only, the court shall discharge the defendant from the felony charge 
and may admit him to bail to answer to an information for the misdemeanor to 
be filed by the prosecuting attorney in the court of criminal correction, or, in 
default of bail, commit the defendant to jail to await such action by said prosecut- 
ing attorney; but no such commitment shall be for a longer period than forty- 
eight hours; and if no such information be filed in said court of criminal correc- 
tion within such period, the defendant shall be discharged. But if the defendant 
in such case shall desire to plead guilty to such misdemeanor and to receive 
sentence therefor, waiving his right to a jury and to an information for the 
misdemeanor, the court may accept such plea of guilty and assess such punishment 
as may be fixed by law for the offense, and issue a commitment or execution 
therefor, with the same force and effect as if such defendant had been tried for 
such misdemeanor in the court of criminal correction, and the record shall 
show the whole proceedings. (Ib., p. 215, sec. 11.) 

Sec. 1391. Duties of circuit attorney, etc.—It shall be the duty of the circuit 
attorney, or such assistants as he may designate, to attend at his office on each 
day of the week except Sunday and national and state holidays at all reasonable 
hours, for the purpose of preparing all complaints, affidavits, informations and 
pleas required by law to be lodged in said court. (Ib., sec. 12.) 

Sec. 139m. Chief of police; reports to circuit attorney.—It shall be the duty 
of the chief of police of the city of St. Louis, within twenty hours after the arrest 
by the police of any person for felony under the laws of this state, to report to 
the circuit attorney the name of the person so arrested, and the name of the 
prosecuting witness and of any other material witnesses known to the police, and 
said circuit attorney or his assistants shall thereupon proceed to institute such 
prosecution as is required by law if, in the judgment of such circuit attorney, the 
evidence presented to him is sufficient to justify a prosecution. (Ib., sec. 13.) | 

Sec. 139n. Sheriff, duties and fees.—The sheriff of the city of St. Louis 
shall attend said court of general sessions, execute all writs and process issued 
therefrom, and discharge all such other duties in and about said court as are now 
required by law of sheriffs in attendance upon circuit courts, and shall be allowed 
the same fees for all such services as are now allowed him for the same in the 
court of criminal correction, to be taxed and collected as other costs in criminal 
cases. (Ib., sec. 14.) 

Sec. 1390. Witnesses, fees, attendances, etc.—Witness fees shall be allowed 
and taxed only when claimed in open court, or to the clerk on the day of attend- 
ance, and at the rate of fifty cents per day for each day’s attendance. (lIb., 
sec. 15.) 

Sec. 139p. Costs, fee bills.—AlIl the provisions of the act concerning costs 
in criminal cases shall be held to apply to the St. Louis court of general sessions, 
and the duties devolved by said act upon the officers therein named are hereby 
devolved upon the officers of said court; and such costs shall be paid as in said 
act provided, and the fee bills in all cases shall be taxed and certified on the first 
Monday of every month, or as soon thereafter as the business of said court will 
permit. (Ib., sec. 16.) 

Sec. 139q. Clerk’s report to auditor of collections.—The clerk of said court 
shall, once every three months, make and certify to the auditor of the city of St. 
Louis a detailed statement of all the fines, penalties, and forfeitures imposed by 
said court and collected by the sheriff, and said clerk shall at the time make a 
like statement of all fines, penalties and forfeitures and of all fees and costs 
collected by him and shall pay the same into the city treasury at the time of 
making said required statement, less the amount allowed to be retained by him, 
as provided in section five of this act. (Ib., p. 216, sec. 17.) 

Sec. 139r. Supervision over officers and property.—Said court shall exercise 
a careful supervision over all officers connected therewith in relation to money or 
other property found on the persons of alleged offenders and taken from them, and 
shall see that the same is properly preserved; that the rights of offenders or 
other parties in relation thereto are protected and enforced, and that all laws 
applicable to such cases are duly executed, and it shall have power to enforce all 
its orders in relation to such matters by attachment of the body. (Ib., sec. 18.) 

Sec. 139s. Rooms for court and officers.—The municipal assembly of the 
city of St. Louis shall provide rooms for said court and for the clerk thereof, 
in one of the courthouses of said city, or in such other building as said assembly 
may contract or provide for the holding of courts, and also suitable offices con- 


106 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 
[CHAP. 5. 


tiguous thereto for the circuit attorney and his assistants prosecuting causes in 
said court, and the said assembly shall furnish said rooms and offices with fuel 
and light and other things as may be necessary for the court. All stationery 
actually required for the use of said court, or the officers thereof, shall be 
furnished by the city of St. Louis upon the application of the clerk of said court. 
(Ib., sec. 19.) } 

Sec. 139t. Stenographer of the court.—The judge of said court shall appoint 
a stenographer of said court, who shall hold his office from month to month, 
during the pleasure of said court, who shall receive a monthly salary of $150.00, 
to be paid out of the treasury of the city of St. Louis as other court stenographers 
in said city. He shall take oath to faithfully discharge the duties of reporter of 
said court; he shall attend the daily sessions of said court and take accurate 
shorthand notes of the evidence in cases in said court, and shall furnish transcripts 
of his said notes, or any part thereof, in legible English, for the use of the 
circuit attorney, when so directed by the judge of the court or requested by the 
circuit attorney. In the absence of said stenographer, the judge may appoint 
a temporary stenographer, who shall perform the duties and receive the sam¢ 
compensation per diem as the regular stenographer. (Ib., sec. 20.) 

Sec. 139u. Janitor of said court.—The judge of said court may appoint a 
suitable person janitor of said court, by order entered of record, who shall 
discharge the duties required of such janitor in and about the rooms of said 
court, as provided by law for janitors of circuit courts, and who shall receive a 
salary not to exceed $720.00 per annum, payable in monthly installments out of 
the treasury of the city of St. Louis, in the same manner as the salaries of the 
janitors of the circuit court in said city are now paid. (Ib., sec. 21.) 

See. 139v. Court of criminal correction no jurisdiction.—Upon the taking 
effect of the act no information for felony shall be lodged in the St. Louis court of 
criminal correction, and the judge of said court of criminal correction shall not 
further exercise the powers or jurisdiction of an examining magistrate in charges 
of felony, except that all informations and prosecutions for felony then pending 
and undetermined in said court of criminal correction shall be proceeded with in 
said court to final determination by the judge of said court, with 
the same force and effect as if this act were not passed, and in all 
such cases the same proceedings shall be had and all costs and fees taxed and 
certified in said court of criminal correction as heretofore. (Ib., p. 217, sec. 22.) 

Sec. 139w. Emergency.—The large increase of criminal business in the:city 
of St. Louis, and the heavy burden imposed thereby upon the St. Louis court of 
criminal correction, causing expensive delays in the administration of justice in 
criminal prosecutions, create an emergency within the meaning of the constitu- 
tion; therefore this act shall take effect and:be in force from and after its passage. 
Ib:, ‘sec: 235) 


ARTICLE V. 
JURIES. 


Sec. 140. Commissioner, how appointed.—In every city in the state of Mis- 
souri having over one hundred thousand inhabitants, it shall be the duty of the 
judge or judges of the court or courts having general jurisdiction of civil causes 
within such city, together with the judge or judges of the court having jurisdiction 
within such city in cases of felony, or a majority of all such judges, to appoint, 
within thirty days after the passage of this act, and at such other times as herein- 
after authorized, a suitable person who shall, for at least five years next preceding 
his appointment, have been a resident of such city, to be jury commissioner for 
gaid city. (Laws 1879, p. 28, sec. 1; R. S. 1899, sec. 6539—i.) 

Sec. 141. Qualifications of commissioner.—No person shall be appointed to 
or hold said office of jury commissioner while holding any office or employment 
provided for or authorized by the charter of said city, nor while holding any 
other office of profit under the laws of this state. (Laws 1879, p. 28, sec. 2; 
R. S. 1899, sec. 6540.) 

Sec. 142. Appointment to be entered of record—tenure.—Such appointment 
shall be made in handwriting, and signed by the judges making the same. A copy 
thereof shall be forthwith entered of record in each of the courts mentioned in sec- 
tion one of this act, and a certificate of such record appended to said original by the 
clerk, and under the seal of each of said courts; and thereupon the said original 
shall be delivered by the clerk last certifying such record thereof to the register of 
said city, by whom the said original shall be filed and preserved in his office, as 
other official papers in his custody. The person so appointed shall hold said office 
for the term of four years from and after the first day of May in the year of his 


() As to ordinance on jury commissioner, see R. C. sec. 1334. 


AT Bi] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 107 


appointment, unless he shall sooner cease to reside in such city, or become other- 
wise disqualified or removed from office. A majority of the judges, for the time 
being, of the courts mentioned in section one of this act, shall have power, at any 
time, to remove such jury commissioner from his said office for any cause by them 
deemed sufficient, by a writing under their hands, declaring the fact of such 
removal: Provided, that a copy of such writing shall be forthwith entered of 
record in each of said courts by order thereof, respectively, and the original thereof 
being certified as anove provided, in respect of the original appointment, shall, in 
like manner, be filed with and preserved by the register of such city; and from the 
time of such filing thereof it shall be unlawful for the person so removed to exercise 
any duty, or function of said office. In case of any vacancy occurring in said office 
of jury commissioner, during the term for which any person was appointed thereto, 
or by expiration of such term, it shall be the duty of the judges for the time being 
of the courts mentioned in the first section of this act, or a majority of them, with- 
out delay, to fill such vacancy by appointment of some person possessing the proper 
qualifications hereunder, in like manner as hereinbefore provided. (Laws 1879, 
mene weec. Oo; Koo. 1899,.sec. 6541.) 

Sec. 143. Oath of commissioner.—Before entering upon the duties of his 
office, the person so appointed jury commissioner shall take and subscribe, before 
the register of said city, an oath faithfully and impartially to discharge the duties 
thereof, which affidavit shall be filed and preserved with his said appointment 
in the said register’s office. (Laws 1879, p. 29, sec. 4; R. S. 1899, sec. 6542.) 

Sec. 144. Salary.—Said jury commissioner shall receive a salary of twenty- 
five hundred dollars per annum, payable in equal monthly installments, at the end 
of each month, by the treasurer of said city, out of any moneys appropriated there- 
for by the municipal assembly, upon warrants drawn and countersigned by the 
proper officers of said city, pursuant to the charter thereof. It shall be the duty 
of the municipal assembly to appropriate the money necessary for the payment of 
such salary, as other salaries of city officers are provided for. The municipal 
assembly of said city shall also, from time to time, provide said jury commissioner 
with suitable accommodations, and with the necessary fuel, stationery, books and 
furniture for the proper discharge of his duties. (Laws 1879, p. 29, sec. 5; R.S. 
1899, sec. 65438.) 

Sec. 145. Deputies.—Said jury commissioner shall from time to time, when 
necessary for the discharge of the duties of said office, appoint, in writing, one or 
more deputies, whose appointment, respectively, shall be first submitted to and 
approved, in writing, by the said judges, or a majority of them. Before any such 
appointment shall take effect, a copy thereof shall be entered of record in each of 
said courts, and a certificate of said record appended to the original, and said 
original filed with and preserved by the register, in like manner as above provided 
concerning the appointment of such jury commissioner. Said judges, or a 
majority of them, or said commissioner, may, at pleasure, remove any deputy so 
appointed, by a writing signed by them or him, declaring such removal, which shall 
also be forthwith recorded and filed in like manner as provided in section 3 
hereof, concerning the removal of the jury commissioner. Said judges shall not 
approve the appointment of a greater number of deputies than they shall be 
satisfied is necessary for the faithful performance of the duties of said office, and 
shall, at any time, remove any deputy previously appointed, whose continuance as 
such shall not, in the judgment of a majority of them, be necessary therefor. Every 
such deputy, before entering upon his duties as such, shall take and subscribe 
before and file with said register, an oath that he will faithfully and impartially 
discharge his duties under this act. It shall be the duty of every such deputy to 
obey the lawful orders of the said jury commissioner in all matters pertaining to 
the proper execution of the duties of said office, and diligently to assist in fulfilling 
the same. The said jury commissioner shall, in writing, by and with the approval 
of the said judges or a majority of them, designate one of said deputies to act as 
principal deputy jury commissioner, and said principal deputy shall be vested with 
all the powers and duties of the jury commissioner during the necessary absence, 
sickness or other disability, of said jury commissioner. (Act March 23, 1891, Sess. 
Laws 1891, p. 171; R. S. 1899, sec. 6544.) 

Sec. 146. Pay of deputies.—Each of said deputies shall receive for his 
services a salary at the rate of not exceeding five dollars per day, for every day 
during which he shall be actually employed in performing his duties as such. The 
amount of such salary shall be fixed by the jury commissioner in each case, and 
such salary shall be provided for and paid monthly, in like manner as above pro- 
vided for the payment of the salary of such jury commissioner. But said auditor 
shall not audit or certify any claim for a salary in favor of any such deputy, except 
upon the certificate of the jury commissioner that the services for which such claim 
is made were in fact rendered by such deputy, pursuant to the orders of the jury 
commissioner, and were necessary for the proper discharge of the duties of said 
office. (Laws 1879, p. 30, sec. 7; R. S. 1899, sec. 6545.) 


108 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


See. 147. Duties of commissioner.—Said jury commissioner shall, between 
the first day of May and the first day of September, in the year 1879, and during 
the like period in every second year thereafter, in person or by deputies, visit 
every house within the limits of the city for which he is appointed jury commis- 
sioner, and shall, so far as practicable, ascertain by personal inquiry and all other 
lawful means within his reach, and shall take down the name, occupation and place 
of residence of every person residing in said city (except as herein otherwise pro- 
vided), who is qualified for and subject to the performance of jury duties, noting, 
wherever practicable, the number of the house and name of the street in which 
such person resides or does business. And every male citizen of this state, resident 
in such city, sober and intelligent, of good reputation, over twenty-one years of 
age, and not exempt from jury duty by the general laws of this state, or otherwise 
disqualified or excused as provided in this act, shall be deemed to be qualified for 
and subject to the performance of jury duty under the provisions hereof. (Laws 
1879, p. 30, sec. 8; R. S. 1899, sec. 6546.) ; 

Sec. 148. Who exempt from jury duty.—The name of no person shall be 
taken down who shall, when called on by said commissioner or his deputy, establish 
to the satisfaction of such commissioner or deputy, by competent proof and upon 
diligent inquiry made by said officer, a legal exemption from jury duty as a member 
of any military or fire company or otherwise; or who is not sufficiently acquainted 
with the English language to read and write the same, and to understand clearly 
the proceedings ordinarily had in courts of justice; or who is actually exercising 
the functions of a clergyman, practitioner of medicine, druggist or apothecary, 
attorney at law, ferry keeper, or person in actual charge of any mill, or of professor 
or other teacher in any school or institution of learning, or who is over the age of 
sixty-five years, or who is actually and regularly employed in the navigation of the 
Mississippi river or its tributaries, or who is in the employment of any railroad 
company, or who holds any office of profit or employment created by or authorized 
under the laws of the United States, or of the state of Missouri, or the ordinances 
of the city within which such jury commissioner is appointed. Nor shall the said 
commissioner or his deputies take down the name of any person of ill-fame, or of 
drunken or disorderly habits, or any person who shall be found loitering about 
without visible means of support, and without applying himself to any honest 
calling for a livelihood, or who is a vagrant within the meaning of the laws of this 
state or ordinances of said city touching vagrants. And it shall be the duty of said 
jury commissioner and each of his deputies diligently to inquire and inform him- 
self, by all lawful means, in respect of the qualifications of every person resident in 
said city who may be liable under the provisions of this act, and the laws of this 
state, to be summoned for jury duty. But nothing contained in this act shall be 
construed. to compel any person to serve upon any jury who is exempt from such 
service by reason of any general law of this state. And it shall be the duty of 
every court of record in said city to excuse from service as a juror every person 
who, being examined on the voir dire, shall appear to the court to be a person 
whose name ought not to have been placed upon the jury list under the provisions 
of this act, or who has served on any jury in any court of this state within twelve 
months next preceding, if challenged for that cause, by either party of the suit; 
and the court may excuse such person without challenge by either party. (Laws 
1879, p. 30, sec. 9; R. S. 1899, sec. 6547—/.) 

Sec. 149. Questions to be answered under oath.—The said commissioner, or 
any of his deputies, may, at any and all times within reasonable hours, require any 
person to answer, under oath, to be administered by such commissioner or his 
deputy, all such questions as he may address to such person, touching his name, 
age, residence, occupation and qualifications as a juror, with a view to the due and 
faithful enforcement of this act and also all questions as to similar matters touch- 
ing all persons in his employment or forming a part of his household. Such ques- 
tions, or any of them, may be put in writing, and-the party may be required to 
answer them in writing, and to sign his name to his answers. Whoever shall 
refuse to be sworn, when required by the commissioner or any of his deputies, or 
when sworn shall refuse to answer pertinently, and in writing if required, all such 
questions addressed to him, and to sign his name to such answers when thereto 
required by such commissioner or deputy, may be summarily arrested, and taken 
by such commissioner or deputy before some one of said judges, who, upon being 
satisfied of such refusal, may summarily commit the person so refusing to jail, 
there to remain until he shall be sworn and answer the questions so put to him. 
And whoever shall willfully and corruptly make and swear to any false answers to 
any questions put to him by the said jury commissioner or any of his deputies, 
under and in pursuance of this act, shall be deemed guilty of a misdemeanor, and, 
upon conviction, be punished by imprisonment in the jail of such city for not less 


(7) The disqualification of nersons who cannot read and write Englist., is consti- 
tutional: State vs. Welsor. 117 Mo. 570. Dentist not exemnted: State ex rel. vs. Fisher, 
119 Mo. 344: Fire Wardens: In re Powell. 5 Mo. App. 220. Serving on jurv more than 
VEN gt twelve months: Williamson vs. Transit Co. 100 S. W. 1072 (Sup. Ct: March 19, 
1907). 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 109 


than three nor more than twelve months, or by fine not less than five hundred 
dollars, or by both fine and imprisonment. Said commissioner and each of his 
deputies may administer any oath authorized by this act. (Laws 1879, p. 31, 
sec. 10; R. S. 1899, sec. 6548.) 


Sec. 150. Jury lists, how made up.—As soon as practicable after the first 
day of September, 1879, and at the like period in every second year thereafter, the 
said commissioner shall enter or cause to be entered in alphabetical order, in the 
book next hereinafter mentioned, the name, residence and occupation of each 
person residing in said city and liable to jury duty under this act, obtained by him 
under the foregoing provisions. Such book shall be prepared with suitable rulings 
and headings, and kept by him as a register of jurors for the two years next after 
the last day of September in the year when it is made up. A new book or register 
of jurors shall be prepared and made up immediately after each biennial enumera- 
tion above provided for; and during the period while each of such registers is in 
use, said commissioner shall from time to time carefully examine and correct the 
entries therein, adding all names that shall come to his knowledge after such book 
is made out, and which, if then known, ought to have been entered therein in 
pursuance of this act, striking off the names of all persons who have died or have 
removed permanently from said city, noting changes of residence or business of 
parties, and otherwise giving such continuous care and attention to the lists in 
such book, that the same shall at all times, as nearly as practicable, show the names 
of all persons who are subject to perform jury duty in said city during the year 
beginning on the first day of October next following the time of making such lists. 
Said register of jurors shall be prepared with proper rulings and headings to show 
the full name, occupation, residence and place of business of each juror, claim and 
allowance or refusal of exemption, actual service on juries, and such other matters 
as may be requisite to carry out the provisions of this act; and said judges men- 
tioned in the first section hereof, or a-majority of them, may at any time make 
such order in writing, not inconsistent with this act, touching the books to be kept 
by said commissioner, and the performance of his duties generally, as they may 
judge the public interest to require, which order shall be obeyed by said commis- 
een PUbuaws 1s 1 9,6p. 101, sec, bls R.oSys.1899;sec. 6549.) 

Sec. 151. Notice, how given to exempts.—Within three days after the first 
day of September, in each year, said commissioner shall give notice by advertise- 
ment daily for one week, in two English newspapers of opposite politics, and in not 
more than two newspapers printed in any other language, all printed and pub- 
lished in said city, and which said newspaper shall be designated by the said 
judges, or a majority of them, with reference to their comparative circulation, 
which advertisement shall state that the jury list for the ensuing year has been 
made out and is open for inspection at his office, and requiring all persons claiming 
legal exemption from jury duty to produce to him, at said office, within not more 
than twenty days after the first publication of said notice, competent proof of the 
exemption claimed, and further giving notice that he will be in attendance daily at 
said office, designating the locality thereof, during said period of twenty days, 
between the hours of nine and twelve in the forenoon and three and six in the 
afternoon, for the purpose of hearing and determining claims of exemption, and 
for this purpose said commissioner shall be in attendance, in accordance with 
such notice. (Laws 1879, p. 32, sec. 12; R. S. 1899, sec. 655v.) 

Sec. 152. Exemptions, how noted.—If any person whose name has been 
entered on the register as liable to jury duty shall, within the time so notified, 
produce proof satisfactory to said commissioner of his exemption from jury duty, 
or that his name should not have been entered on said list under the provisions of 
this act, his name shall be noted by said commissioner as exempt for the ensuing 
year on said register, with the reason therefor; but no person whose name shall 
have been placed upon said register of jurors, and who shall neglect within the 
period prescribed by said notice to claim exemption from jury duty, shall be 
entitled to claim the benefit of such exemption when summoned as a juror. (Laws 
isi. Dp. o2, sec. 13; Ri S. 1899,.sec, 6551.) 

Sec. 153. Courts to pass upon exemptions..—Whenever the commissioner 
shall refuse to mark the name of any person as exempt on said register of jurors 
who shall within said time have claimed exemption, he shall give to such person a 
certificate, stating that the exemption has been claimed and refused, and the 
ground on which it was claimed; and when such person shall be summoned as a 
juror, he may appeal to the court in which he is summoned from the decision of 
the commissioner, and may be discharged if the court shall adjudge that he is 
legally entitled to exemption on the ground certified by the commissioner to have 
been taken before him. No ground of exemption shall be taken before the court 
except that so certified by said commissioner, unless it arose after the time within 
which claims of exemption or disqualification could be heard as aforesaid by said 
commissioner. (Laws 1879, p. 32, sec. 14; R. S. 1899, sec. 6552.) 


110 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAPSS- 


Sec. 154. Names, how copied and drawn.—As soon as practicable after said 
register of jurors shall have been completed or corrected for each ensuing year, in 
the manner above provided, the commissioner shall copy each name appearing 
thereon as liable to jury duty on a separate ticket and deposit all the tickets in a 
hollow wheel, to be provided for that purpose by said city and kept by him, in 
which wheel the said tickets shall remain securely locked, except when drawn out 
in the manner hereinafter directed. Said commissioner shall have the custody of 
said wheel, and shall permit no person other than himself, or his deputies under 
his orders, to place any ticket or other paper therein, or to withdraw any ticket 
therefrom, and it shall be his duty to see that said wheel and its contents are not 
interfered with by any other person. (Laws 1879, p. 33, sec. 15; R. S. 1899, 
sec. 6553.) 


Sec. 155. Jurors, how drawn.—Whenever jurors shall be required to serve 
in any of the courts mentioned in the first section of this act, or in any other court 
of record established in said city, under the laws of this state, in which a jury may 
be required, such court may order the sheriff or marshal, or other officer charged 
with executing the process thereof, to summon a sufficient number of jurors, as 
occasion may require. Thereupon such officer shall obtain the names and places of, 
residence or business of persons to be summoned as jurors in said court, from said 
jury commissioner, who, upon the production to him of such order, shall furnish 
the same to said officer, by drawing tickets from said wheel. Before any drawing 
shall be made, the commissioner shall turn the wheel repeatedly, in such manner 
as to thoroughly mingle said tickets, and to prevent the possibility of their being 
drawn out in any concerted or particular order. He shall then draw out one ticket 
at a time, and no more, and shall immediately enter the name and residence of the 
person indicated by such ticket on a list to be furnished to the officer, and also 
make an entry in his alphabetical list, showing that such name has been drawn 
out, and shall proceed in like manner until.the number of names required by said 
officers shall have been drawn, and the list of names required by such officers com- 
pleted; and neither said commissioner nor any of his deputies shall furnish or give 
to any such officer, as liable to jury duty, any name other than the name so drawn 
from said wheel in the manner herein provided, nor shall any such officer summon 
as a juror, unless by express order of the court, any person whose name shall not 
have been furnished to him by said commissioner, in accordance with this act. Said 
commissioner shall also copy in another book, with proper headings, to be kept by 
him, the list so made for such officer, showing the date when and the court for 
which the names thereon were drawn, and shall deliver to said officer the said list 
certified by him, said commissioner, as having been furnished to said officer, in 
compliance with the order of said court. He shall not, at any such drawing, take 
any more names from the wheel than the number of jurors required by the officers 
under such order of court, unless it appear that he has drawn names of persons 
whom, after their names were placed in the wheel, the alphabetical lists, or register 
of jurors kept by said commissioner, shall show to have died or removed per- 
manently from said city, in which case additional names, sufficient to supply the 
deficiency may be drawn. The tickets so drawn out shall not be put into said wheel 
again during the year, but shall be deposited and kept by said commissioner in a 
box to be provided for the purpose, and which shall remain in his custody securely 
locked, unless before the end of the year all of the tickets shall be drawn out, and 
jurors shall still be required; in which case all the tickets shall be put back into the 
wheel again, and after being thoroughly mingled, shall be drawn therefrom in the 
manner aforesaid, as required for jury service in said courts respectively, until the 
end of the year. If at the end of the year any tickets remain jin the wheel that 
have not been drawn out during the year, they shall all be taken out of said wheel, 
as soon as the jury list for the next year is prepared as hereinbefore provided, and 
shall be immediately burned or otherwise effectually destroyed by said commis- 
sioner or one of his deputies, together with all of the tickets which shall have been 
drawn out of said wheel during the year next preceding, as hereinbefore provided. 
It shall be the duty of said commissioner, whenever he shall furnish to the sheriff, 
marshal or other proper officer of any of said courts, the names of jurors as herein- 
before provided, to make out immediately a transcript of the list so furnished to 
such officer from the book in which he shall have copied the same, and to deliver 
or cause to be delivered such transcript to the judge or judges from whose court or 
courts or court rooms respectively the same has been required, certifying such 
transcript and staung the date when, and the officer to whom, and the court for 
which said list was furnished by him. (Laws 1879, p. 33, sec. 16; R. S. 1899, 
sec. 6554.) 


Sec. 156. Jurors, how summoned.—Whenever the jury commissioner shall 
furnish to the proper officer cf any of said courts the names of persons for jury 
service as hereinbefore provided, such officer shall forthwith summon the persons 
whose names are so furnished to attend as jurors at the time directed by the court, 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. lll 


or he shall show the court good cause for not having done so. The court shall 
investigate the truth and sufficiency of the cause shown, and if the same be found 
untrue or insufficient, or if it shall appear to the court that such officer has made 
false return in any respect concerning the execution of the order for summoning 
said jurors, the court may fine such officer as for a contempt of court, for every 
such untrue or insufficient excuse or false return, in any sum not exceeding one 
hundred dollars. For any other neglect or willful violation in regard to the jury 
service of the court, whether prescribed by law, rule or order, the court may 
impose a like fine upon such officer; but nothing herein contained shall be con- 
strued to protect or excuse any such officer from liability to criminal proceedings 
under the laws of this state, for any willful misconduct or misdemeanor in office, 
or neglect to perform any duty enjoined upon him by law. (Laws 1879, p. 34, 
Seo. 1. Kc Sen e Ooy pec: 6555. ) 

Sec. 157. Absent juror. No person who cannot be found to be summoned 
shall, for that reason, be dropped from the panel until, and after repeated efforts 
to find him, the court shall so order. (Laws 1879, p. 34, sec. 18. R.S. 1899, sec. 
6556.) 

Sec. 158. Excuses, how dealt with.—Whenever any person summoned as a 
juror under this act shall be excused by the court from service, the court shall de- 
cide whethey he shall be excused for the year ending on the last day of September 
next ensuing, or only temporarily. If excused for the year, his name shall be 
dropped from the panel, but if excused temporarily, the court shall designate the 
time when he shall serve, and the sheriff or other proper official shall see that he 
be then in attendance. (Laws 1879, p. 34, sec. 19. R.S. 1899, sec. 6557.) 

Sec. 159. Time and length of service of juror. Each of said courts herein- 
before referred to may direct from time to time the number of jurors to be sum- 
moned for said court, and how long they shall be summoned before their at- 
tendance shall be required, and how long they shall serve, and may make all rules 
and orders by it deemed proper touching the jury service of the court, not incon- 
sistent with the provisions hereof, and may enforce the same by attachment and by 
fine not exceeding one hundred dollars. Each of said courts shall also see that the 
commissioner discharge his duty faithfully. And it shall be lawful for either of 
said courts, if and whenever it shall appear to such court that said jury commis- 
sioner has, in any respect, willfully neglected or violated his duty under the pro- 
visions of this act, to fine him not exceeding two hundred and fifty dollars. And 
it shall be the duty of the clerk of such court, immediately upon the imposition of 
any such fine, to enter the same of record in said court, and to certify the date 
and the amount thereof to the auditor of said city, by whom the said amount shall 
be deducted from the salary of said commissioner next thereafter falling due, until 
the same shall be liquidated. (Laws 1879, p. 34, sec. 20. R.S. 1899, sec 6558.) 


See. 160. Bribery of commissioner—punishment.—wW hoever shall, directly or 
indirectly, give or offer, or agree with any person to give to the said jury commis- 
sioner, or to any of his deputies, any money, goods, right in action, or any other 
valuable consideration, gratuity or reward, or shall make or enter into any prom- 
ise, undertaking or security for the payment of any money, or for the giving, as- 
signing or transferring of anything of value to the said commissioner, or any sf 
his deputies, or to any other person, with intent to influence or induce the said com- 
missioner, or any of his deputies, to omit or strike from the jury list hereinbefore 
required to be made out and Kept, the name of any such person, or of any other 
person, or with intent to induce or influence the said commissioner, or 
any of his deputies to omit to put the name of such person or of any 
person on a ticket as required by this act, or with intent to induce or influence 
said commissioner, or any of his deputies, to omit to deposit in the wheel which 
said commissioner is required to keep, a ticket bearing any name which under the 
provisions hereof, it shall be the duty of said commissioner to deposit in said wheel. 
or with intent to influence or induce the said commissioner, or any of his deputies, 
to delay or omit to do any other act or thing which he is required by law to do, or 
to do any unlawful act or thing in or relating to the duties of his office of commis- 
sioner or deputy, shall, on conviction thereof, be adjudged guilty of a misdemeanor, 
and be punished by imprisonment in the jail of said city for not less than six nor 
more than twelve months, or by fine of not less than five hundred dollars, or by 
both such imprisonment and fine. (Laws 1879, p. 35, sec. 21. R. S. 1899, sec. 
6559.) 


Sec. 161. Punishment of commissioner and deputies.—If the said jury com- 
missioner, or any of his deputies, shall, directly or indirectly, accept or receive, or 
agree to accept or receive of another, any money, goods, right of action or other 
valuable consideration, gratuity or reward, or any promise, undertaking or security 
therefor, in consideration of his omitting to do any act or thing which he is re- 
quired by law to do as such commissioner or deputy, or in consideration of his 
doing any unlawful act or thing in his office of commissioner or deputy, he shall, 


112 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. LCRA ah 


on conviction, be adjudged guilty of a misdemeanor, and shall thereby forfeit hfs 
office, and in addition thereto shall be punished by imprisonment in the jail of said 
city for not less than six months nor more than two years, or by fine of not less 
than five hundred dollars, or by both such imprisonment and fine. (Laws 1879, p. 
35, sec. 22. R.S. 1899, sec. 6560.) 

Sec. .162. Omission of sheriff, how punished.—If the sheriff or marshal, or 
any other officer of any of said courts hereinbefore mentioned, charged with exe- 
cuting the process thereof, shall willfully or negligently refuse or omit to perform 
any duty required of him under the provisions of this act, or shall, in pursuance 
of any direct or indirect agreement, or by collusion with any person, and with in- 
tent to evade or permit to be evaded, any duty by this act required of him, per- 
mit or enable any person to escape from, or evade being summoned as a juror, or 
shall in pursuance of any such agreement, or by collusion with any person, and 
with the intent aforesaid, shall permit or enable any person who has been so sum- 
moned to escape or avoid serving as a juror, in accordance with such summons or 
in pursuance of any such agreement or by collusion with any person, shall enable 
er permit any person not summoned and liable to jury duty under this act, to serve 
as a juror in any of said courts, or if any such officer shall, directly or indirectly, 
receive, or shall, directly or indirectly, agree or offer to receive any money, goods, 
right in action, thing of value, or other gratuity or reward, or any promise, un- 
dertaking or security therefor, in consideration of committing any offense such as 
hereinbefore mentioned, he shall, upon conviction thereof, be adjudged guitly of 
willful misconduct and misdemeanor in office, and shall thereby forfeit such of- 
fice, and shall also be punished by fine of not less than five hundred dollars, or by 
imprisonment in the jail of said city not exceeding two years, or by both such fine 
and imprisonment. (Laws 1879, p. 35, sec. 23. R.S. 1899, sec. 6561.) 

Sec. 163. Compensation of jurors.—Each juror summoned and serving under 
this act shall receive the like compensation therefor as is or may be allowed by the 
general laws of this state to jurors serving in the trial of any civil or criminal case, 
in a court of record, unless a different rate of compensation is provided therefor 
by the charter or ordinance of said city. For all services rendered by petit jurors, 
summoned pursuant to the provisions of this act, they shall be paid out of the 
treasury of the city in which such services are rendered, upon the certificate of the 
clerk of the court in which such service was rendered, and in the manner provided 
by law for the auditing and payment of other claims against the said city. All fees 
allowed to jurors in civil causes, in either of said courts hereinbefore mentioned, 
shall be taxed and collected as other costs in the case, and when collected shall be 
accounted for and paid over by the officer collecting the same, to the proper officer 
of said city, as other fees collected by any officer of said city are required to be paid 
into the treasury thereof. (Laws 1879, p. 36, sec. 24. R. S. 1899, sec. 6562—k.) 

Sec. 164. Exceptions to juror, when to be taken.—No exception to a juror on 
account of his citizenship, non-residence, state or age or other legal disability, shall 
be allowed after the jury is sworn; nor shall any violation of the provisions of this 
aet by any officer be any ground of objection to any juror, unless made before such 
juror is sworn, nor shall it in any manner affect the verdict rendered by him. (Laws 
1879, p. 36, sec. 25;5R. S. 1899, sec. 65638.) 

Sec. 165.—Report of commissioner.—It shall be the duty of the said jury 
commissioner, within one week after the first day of October in each and every year, 
including the year in which he shall be appointed, to make report, in writing, of his 
proceedings as such commissioner during the twelve months next preceding the 
thirtieth day of September in said year, to the court having general jurisdiction of 
civil causes in said city, or if there be more than one such court, then to that one of 
said courts which shall be indicated by direction, in writing, to said jury commis- 
sioner, of the said judges mentioned in the first section of this act [R. S. 1899, sec. 
6539], or a majority of them. Such report shall be presented to said court during 
the session thereof, and shall be by order of said court entered in full upon the 
records thereof. Said report shall contain, in a concise and intelligible form, a 
summary of the doings of said commissioner, and shall show, among other things, 
the number of persons liable during the preceding year to jury duty in said city, 
the number of persons who have claimed exemption therefrom, the number to 
whom said exemption was allowed by him, and the grounds thereof briefly classi- 
fied; also the number of persons claiming exemption to whom the same was refused 
by said commissioner; also the number of names of jurors furnished by said com- 
missioner, for service in the several courts mentioned in this act; also a statement 
of the expenses of his office, including the number of deputies employed by him, 
and the time during which each of .hem was employed, and the compensation to 
which he has certified that they were respectively entitled as hereinbefore pro- 
vided, together with such further statements as the experience of said commissioner 


(k) Pay of petit jurors, see Scheme, sec. 31. Also ord. R. C., sec. 1335; 2412: pay of 
jurors and witnesses in police courts, see R. C., secs. 1297-1298. 


ART. 5.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 113 


may dictate, touching the operation of said act, and the results thereof. It shall 
also be the duty of said commissioner at the same time to deliver, or cause to be 
delivered, to the mayor of said city, tor his information, a copy of said report. 
(Laws 1879, p. 36, sec. 26; R. S. 1899, sec. 6564.) 

Sec. 166. Present commissioner to hold office till when.—The jury commis- 
sioner now holding office by virtue of the “Scheme” prepared by a board of thirteen 
free holders, in conformity with the provisions of the twentieth section of the ninth 
article of the constitution of the state of Missouri, and ratified at the election held 
for the ratification or rejection thereof, on the twenty-second day of August, eighteen 
hundred and seventy-six, shall continue to exercise the powers and duties prescribed 
by an act entitled ‘an act to provide a jury system in St. Louis county,’ approved 
March third, eighteen hundred and fifty-seven, and the acts supplementary thereto 
or amendatory thereof, including said “Scheme,” and be entitled to the compensation 
therein provided until the first day of October, A. D. eighteen hundred and seventy- 
nine, from and after which date the said act and all amendments thereto, and all 
acts or parts of acts now in force regulating or providing for the summoning and 
selecting petit jurors in this state which are in conflict with the provisions of this 
act, shall be and are hereby repealed. (Laws 1879, p. 37, sec. 27.) 

Sec 167. Act to apply.—For the purpose of ascertaining to what cities in 
this state this act shall apply, the several courts of this state shall taxe judicial notice 
of the population of the cities thereof, respectively, as the same has been or may 
from time to time be ascertained and declared by authority of the United States or 
of the state of Missouri, or of any city in this state, as the result of any census or 
enumeration of the inhabitants thereof, made in virtue of any law or municipal 
ordinance directing such enumeration. (Laws 1879, p. 37, sec. 28; R. S. 1899, 
sec. 6565.) 

Sec. 168. A special jury, how ordered.* 

Sec. 169. Juror to serve only once a year.—wNo person shall be required to 
serve as a juror, either grand, petit or special, more than once in any year. (Laws 
1885, p. 75; R. S. 1899, sec. 6567—.) 

Sec. 170. Grand jury, how selected.—In all cities of this state having a pop- 
ulation of over three hundred thousand inhabitants, the grand jury shall be 
selected in the following manner, to-wit: The list of names of all persons liable to 
service as jurors shall be submitted to the judges of the circuit court in general 
term, who shall therefrom select the names of six hundred men, known or believed 
by them to be in every way fitted for grand jury service, said selection to be 
repeated whenever deemed necessary by said judges of the circuit court, which 
names shall, by said judges, be erased from the jury commissioner’s list, but by 
them be deposited in a special grand jury wheel, which aftev being properly 
secured, shall be delivered to the care of the jury commissioner, who shall be 
responsible for the proper custody of the same, and which, after the names are 
once placed therein, shall be opened only by the said jury commissioner, and by 
him only in the presence of two or more of said circuit judges, upon the requisition 
of the judge of the criminal court for such number of grand jurors as may be re- 
quired for any one term of said criminal court. (Laws 1881, p. 57, sec. 1; Amend- 
ed Laws 1885, p. 73; R. S. 1899, sec. 6568.) 

Sec. 171. Number to be drawn.—The number of names of grand jurors to be 
thus drawn from said grand jury wheel shall not be less than twenty-four for any 
one term of said criminal court, but may be increased by the judge of said court 
as special circumstances may require. From the names thus drawn, the judge of 
the criminal court shall select twelve grand jurors, who shall serve for the current 
term of said court, and the names of such. persons that have been drawn, but not 
selected to serve by said judge, shall be returned to the grand jury wheel by the 
jury commissioner, in presence of one or more of said circuit judges, immediately 
after the close of the term for which they were drawn. (Laws 1881, p. 57, sec. 2; 
R. S. 1899, sec. 6569.) , 

Sec. 172. List delivered to clerk.—The list of six hundred names selected 
by the circuit judges, duly certified to by the clerk of the circuit court, shall be 


*This section was R. S. 1899, sec. 6566, but is repealed by Session Laws 1907, p. 117. 
Theretofore this section was held valid: Eckrich vs. Transit Co., 176 Mo. 621; State vs. 
Lehman, 182 Mo. 424, 456. But it was in the City of St. Louis practically displaced by 
another act (see R. S.. 1899, sec. 3791) relating to special juries, but the latter was re- 
pealed in 1905 (Session Laws 1905, p. 174), so that the section above (R. WS. 1899, sec. 
6566) was presumably applicable until the repeal in 1907, and such was the practice 
followed in the circuit court. As to the history of the two special jury acts, the manner 
of summoning, their validity, etc., see State ex rel. vs. Withrow, 133 Mo. 500; as to 
validity of the act, and that the provisions as to summoning juries is directory only, 
see State vs. Jennings, 98 Mo. 493. Where a cause is pending before one judge, applica- 
tion cannot be made to another judge for a special venire: Haehl vs. Ry., 119 Mo. 325. 
R. S. 1899 see. 6547 controls the right to challenge special jurors summoned under sec. 
6566, and not sec. 6567: Williams vs. Transit Co. 100 S. W. 1072. 


(1) See Williamson vs. Transit Co., 100 S. W. 1072. 


114 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5, 


deposited with the clerk of the criminal court immediately after said names are 
drawn. (Laws 1881;-p. 58,;sec..350>R.6.oloues seceo0 1 ue) 


ARTICLE VI. 
JUSTICES OF THE PEACE AND CONSTABLES. * 


Sec. 173. One justice and one constable to be elected in each district.— 
In all cities which now contain or may hereafter contain three hundred thousand 
inhabitants or more there shall be elected, on the general election day A. D. 1894, 
and every four years thereafter, one justice of the peace and one constable for 
each district in said cities, which districts shall be determined, fixed and located as 
hereinafter provided. (Laws 1891, p, 175, sec. 1; R. S. 1899, sec. 6508—m. ) 

Sec. 174. Number of districts.—For the first one hundred thousand of popu- 
lation in said cities there shall be five districts; and there shall be an additional 
district for every additional one hundred thousand, and for every fractional part 
of one hundred thousand exceeding fifty thousand of population. For the purpose 
of this act the last general census of the United States of America shall be taken 
as the basis of population. (Id., sec. 2; R. S. 1899, sec. 6509.) 

Sec. 175. Office shall be kept, where—vacancy declared, when—how filled.— 
The justices elected under the provisions of the preceding section shall keep their 
offices and hold their courts within the districts for which they were respectively 
elected, which shall be designated in the commission; and such justices so 
elected or appointed shall exercise the powers and perform the duties throughout 
their township prescribed by law in relation to other justices of the peace; and 
whenever any such justice shall remove his office or place of holding his courts out 
of the district for which he was elected or appointed, he shall be deemed to have 
vacated his office, and he shall thereupon proceed as provided by law in case of 
removal from the township, and such vacancy may be filled as provided by law 
for filling such vacancies in other cases. (R. S. 1899, sec. 6510—n.) 

Sec. 176. By whom districts to be established.—The judges of the probate 
court, criminal court, criminal court of correction and of the circuit court, or a 
majority thereof, in all such cities shall, six months prior to the general election 
of 1894, divide their respective cities into districts upon the basis of population 
as fixed by this act, and shall define and fix the metes and bounds of said districts, 
and each of said districts shall be entitled to one justice of the peace and one 
constable, ‘to be elected as provided in this act. (Id., sec. 3; R. S. 1899, sec. 
6511—o.) 

Sec. 177. Report of judges to be filed—judicial notice of boundaries to be 
taken.—Such division shall be accurately. and fully described in a report signed by 
said judges, or a majority thereof, which shall be filed in the office of the clerk 
of said circuit court, and a certified copy thereof shall forthwith be given to the 
mayor or other chief executive officer of said city, and a like certified copy to 
each of the justices elected under this act, which shall be open to inspection in the 
said justices’ offices, and the said circuit court and all other courts exercising 
jurisdiction, civil or criminal, original or appellate, in or over said city, shall take 
judicial notice of the boundaries of said districts as defined in said report of said 
judges. (Id., sec. 4; R. S. 1899, sec. 6512.) 

Sec. 178. Additional justices’ courts.—In justice court districts, the busi- 
ness of which shall have exceeded two thousand two hundred cases in any suc- 
cessive twelve months, there shall be, and there is hereby established, two justice 
courts, to which there shall be elected in the manner provided for in said 
act, except as hereinafter provided, two justices of the peace and two constables, 
said justices having jurisdiction of causes as provided for in said act, and having 
the same powers and receiving the same salaries granted therein, and said con- 


*See ordinances as to Justices of the Peace, etce.: R. C.3 sec. 1324-1328. 


(m) This act held valid: State ex rel. vs. Higgins, 125 Mo. 364; Spaulding vs. 
Brady, 128 Mo. 653. Commissions to justices of the peace and constables issued by the 
mayor: Scheme, sec. 15. As to bonds of constables, and approval thereof, see infra, 
sec. 196. As to determination of who is elected, where there is a tie vote, see State ex 
inf. vs. Kramer, 150 Mo. 89. The act did not terminate the functions of the justices in 
St. Louis who held office, until the justices elected under the act qualified: Knight vs. 
Mersman, 66 Mo. App. 219. Ord. 10744 for elections of constables, held void in State ex 
oe te McKee, 69 Mo. 504. See also as to election of justices in St. Louis, note to sec. 

infra. 


(x) Construe with reefrence to sec. 6513, R. S. 1899, (snfra sec. 180). But this 
section, so far as supplying offices, etc., is concerned, is displaced by R. S. 1899, sec. 
6535, (infra see. 200) and the ordinances of the city provide for locating and providing 
eta tes offices, and for expenses, record books, ete.: See ordinances R. C., sec. 1324- 


(o) Held valid. State ex rel. vs. Higgins, supra. 


ART. 6.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 115 


stables shall perform all the duties provided for in said act, and shall have all 
the powers granted therein, and shall give the same bond and receive the same 
salaries as provided therein. (Laws 1899, p. 268; R. S. 1899, sec. 6521.) 

Sec. 179. Governor to appoint.—Within thirty days after section 6521 and 
6522 shall take effect, it shall be the duty of the governor of the state to appoint 
and commission such additional justice and such additional constable for any 
district, and the same shall hold office until the next general election for justices 
and constables under said act. (Laws 1899, p. 268; R. S. 1899, sec. 6522.) 

Sec. 180. Laws applicable to townships, to apply to districts.—Al1l laws now 
or hereafter in force, concerning justices of the peace and constables, applicable to 
townships, shall be applicable to the districts of said justices and constables, as 
provided in this act, except where inconsistent with the other provisions hereof. 
(Laws 1891, p. 175; R. S. 1899, sec. 6513.) 

Sec. 181. Who eligible to office.—No person shall be eligible to the office 
of justice of the peace who is not a citizen of the United States, and who shall not 
have been an inhabitant of this state and a resident of the city in which he is 
elected for twelve months next preceding his election. (lId., sec. 6; R. S. 1899, 
sec. 6514.) 

Sec. 182. Vacancies, how filled.—When any vacancy shall occur in said 
offices, the said judges shall at once supply the same by the appointment of some 
person competent and qualified, who shall hold his office for and during the 
unexpired term of the justice or constable holding such office at the time such 
vacancy occurred, and until a successor be qualified. (Id., sec. 7; R. S. 1899, 
sec. 6515—p.) 

Sec. 183. Qualification, how made.—Every person who receives a commis- 
sion of election as justice of the peace or constable shall, within thirty days there- 
after, and before entering upon the discharge of his duties, take the oath pre- 
scribed by the constitution of this state, and an oath that he will faithfully demean 
himself in office, and shall file his commission in the office of the clerk of the 
circuit court of said cities, together with the oath herein required indorsed thereon, 
to be recorded in the office of the clerk of the circuit court, which shall be deemed 
an acceptance of such election; and in case of his failure to do so, it shall be 
deemed a refusal thereof. (Id., sec. 8; R. S. 1899, sec. 6516.) 

Sec. 184. Jurisdiction—amount of.—The said justices of the peace shall 
have original jurisdiction of all actions and proceedings for the recovery of money, 
whether such action be founded upon contract, tort or account, or upon a bond or 
undertaking given in any civil action or proceeding, or upon special tax-bills, or 
for a penalty of forfeiture given by any statute of this state, when the sum 
demanded, exclusive of interest and costs, does not exceed five hundred dollars. 
(Id., sec. 9; R. S. 1899, sec. 6517.) 

Sec. 185. Jurisdiction—territorial limits of.—HEvery justice of the peace 
shall have jurisdiction co-extensive with the city in which he shall be electea, 
except in landlord and tenant cases, and in cases of forcible entry and detainer 
and of unlawful detainer, which shall be brought in the district where the property 
to be affected is situated: Provided, however, that such cases may be instituted 
before a justice of the peace in any district adjoining the district in which said 
property is situated, if the justice of the peace of the district in which said prop- 
erty is situated has failed, by reason of sickness, absence from the city or other 
cause, to hold court for five days next preceding the date of the filing of the state- 
ment or complaint in such suit; in such instances the justice of the peace of such 
adjoining district shall have jurisdiction of all such cases so instituted before him 
to the same extent as if said property were in his district; and a statement of 
’ the fact that tue justice of the peace in the district where the property is situated 
has not held court for five days next preceding the date of the filing of the 
statement or complaint of such suit contained in the atfidavit filed by the plaintiff 
therein, shall be prima facie proof of such fact. (Laws 1907, p. 116, amending 
R. S. 1899, sec. 6518.) 

Sec. 186. Jurisdiction in replevin, mechanics’ liens, landlord and tenant 
suits, etc., and general powers.—Such justices of the peace shall have jurisdiction 
for the recovery of specific personal property, when the value of the property 
sought to be recovered and the damages claimed for the taking or detention and 
for injuries thereto shall not exceed in the aggregate five hundred dollars; they 
shall have jurisdiction in all actions brought to enforce mechanics’ liens, as pro- 
vided by law for enforcing such liens in the circuit court, when the amount of 
balance claimed to be due does not exceed five hundred dollars; and in all suits 
between landlord and tenants for rents or possession of lands and tenements, when 
the amount of rent claimed shall not exceed five hundred dollars; and in all cases 
of unlawful or forcible entry or detainer, and shall have jurisdiction in attachment 
proceedings, and to enforce liens for keeping horses and other animals, to an 


(p) Appointee holds until next election: State ex rel. vs. Spitz, 127 Mo. 248. 


116 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CHAP. 6. 


amount not in excess of five hundred dollars. They shall have all the powers 
and jurisdiction now conferred by law on justices of the peace, not inconsistent with 
the provisions of this act; and all existing provisions of law now applicable to 
justices of the peace and the practice and procedure in their courts shall be 
applicable in all respects to the justice elected under this act. (Id., sec. 11; R.S. 
1899, sec. 6519.) 

Sec. 187. Justices—salary of.—Each of said justices shall receive a salary 
of twenty-five hundred dollars per annum, payable monthly, to be paid out of the 
treasury of the city in which they are elected. (lId., sec. 12; R. S. 1899, sec. 
6520—d. ) 

Sec, 188. Justice to appoint clerk—salary of.—Each justice of the peace 
shall appoint a clerk of such court, to hold office during the pleasure of said 
justice, with a salary of one hundred dollars per month, to be paid out of the 
treasury of the city in which such court shall be located, at the end of each month, 
as provided herein in respect to the salary of justices. (Id., sec. 13; R. rob ro at BS 
sec. 65238.) 

Sec. 189. Appointment of clerk to be in writing.—Such appointment shall be 
in writing signed by the justice, and shall be filed in the office of the clerk of the 
circuit court having jurisdiction in such city. The justice may at any time remove 
such clerk and appoint another in his stead. (Id., sec. 14; R. 5. 1899, sec. 6524; 
Laws of 1897, sec. 1, p. 142, providing for appointment of deputy clerks repealed; 
Laws 1899, p. 268.) 

Sec. 190. Clerk to give bond.—Every clerk, within ten days after his ap- 
pointment, shall give bond to the state, with two good and sufficient securities, 
residents of the said city, in the penal sum of two thousand dollars, conditional 
that he will pay all money reecived by him by virtue of his office, and in every 
respect discharge all his duties as such clerk according to law. The said bond 
shall be approved as now provided by law in case of bonds of constables; and all 
otherprovisions of law, relating to requirement of new bond, discharge of sureties 
on old bond, and suits on bonds, and summary proceedings in case of constables 
and their sureties, shall be applicable to said clerks and their sureties in like 
manner. . (Id., sec. 15; R.°S. 1899, sec. 6525.) 

Sec. 191. Clerk to receive fees—disposition of.—All fees and costs collected 
in said courts not paid to or collected by the constables or their deputies, shall be 
paid to and received by said clerks, and in no instance paid to or received by said 
justices; said clerk shall pay over all said fees collected for services of the justice 
to the treasurer of said city every thirty days, accompanied by a statement thereof, 
sworn to by them, and all other costs collected by said clerk shall be paid by them 
every thirty days, accompanied by a like sworn statement, to the constables of the 
respective districts, who shall be responsible for the same, and pay over the same 
to the parties entitled thereto, as now required by law in case of costs collected 
by or paid to said constables. (Id., sec. 16; R. S. 1899, sec. 6526—~.) 

Sec. 192. Clerks to keep books of account.—The clerks of said justices of 
the peace shall keep accurate books in which shall be entered full, complete 
itemized accounts of all fees and costs taxed or collected in said courts by said 
clerks, which books shall at all times be open for inspection by the treasurer of 
such city, or any agent appointed by such city for that purpose, and shall perform 
all clerical and ministerial duties now imposed by law on justices of the peace. 
(Id., sec. 17; R. S. 1899, sec. 6527—s.) 

Sec. 193. Constables to keep books of account and pay over fees.—The con- 
stables elected under this act shall keep accurate books, in which shall be entered 
full, complete itemized accounts of all costs and fees, commissions and emolu- 
ments collected by them, and shall pay over all such fees as are provided by law 
for services of constables, collected by them, to the treasurer of such city every 
thirty days, accompanied by a statement thereof, sworn to by them, and all such 
books shall be at all times open for inspection by the clerk of said court, or by the 
treasurer of said city, or any agent appointed for that purpose, or by any one 
having any cause in said court, or by his agent or attorney. (Id., sec. 18; R. S. 
1899, sec. 6528.) 

Sec. 194. Penalty and procedure in case of failure to account.—If any con- 
stable or clerk fail to make and file such statement with said city treasurer as 
above required, the justice of the district shall issue a citation to such constable or 
clerk requiring him to make and file such statement on or before a day to be named 


(gq) See Note below. 

(x) The provision that in St. Louis the fees be paid into the treasury and the 
justice receive a salary is constitutional: Spaulding vs. Brady, 128 Mo. 653. But for 
services not of a judicial nature, such as solemnizing marriages, the justice is entitled 
to retain the fees: St. Louis vs. Sommers, 148 Mo. 398. 

(s) As to duty and rights of city officials respecting record books, expenses, etc., 
see Rev. Code, secs. 1325-1327. q 


Pe a aS 


ART. 6.] STATE LAWS SPECIALLY APPLICABLE. TO ST. LOUIS. 117 


in such citation, and such citation may be served upon such constable or clerk in 
order; and if such constable or clerk after service of such citation fail to make and 
compel the attendance of such constable or clerk, and if necessary, commit him 
to jail until he make and file such statement. (Id., sec. 19; R. S. 1899, sec. 6529.) 
file such statement, as required by such justice, the justice may, by attachment, 

Sec. 195. City may sue.—Any such city may sue for and recover all sums 
of money payable into the treasury thereof by a constable or clerk, and the con- 
stable or clerk and his sureties on his official bond shall be liable therefor. (Id., 
sec. 20; R. S. 1899, sec. 6530.) 

Sec. 196. Constables to give bond.—The constables of such court shall, 
within thirty days after their appointment, and before entering on the discharge 
of their duties, give bond to the state as now required and directed by law, and 
shall have and exercise the same authority as is now held and exercised by con- 
stables of courts of justices of the peace, and shall perform the same duties and 
be subjected to the same liabilities and responsibilities which now attach to the 
office of constable, and all provisions of law now applicable to constables shall be 
applicable to said constables hereinunder appointed, except where inconsistent 
with the provisions of this article. (id., sec. 21; R. S. 1899, sec. 6531—+.) 

Sec. 197. Constables—salary and commission.—The constables elected 
under this article shall receive a salary of one hundred and fifty dollars per month, 
payable at the end of each month out of the treasury of such city, as provided in 
case of justices and clerks, and it shall be the duty of the municipal assembly of 
said city to appropriate the money necessary for the payment of such salaries of 
justices, clerks and constables, the same as salaries of city officers are provided 
for. Said constables shall be entitled to receive not exceeding two and one-half 
per cent commissions upon all collections made. (Id., sec. 22; R. S. 1899, sec. 
6532.) 

Sec. 198. Deputies—constable.—Every constable shall have power to appoint 
deputies not to exceed two in number, for whose conduct he shall be answerable, 
and such appointments shall be in writing, and said appointments shall be filed in 
the office of the clerk of the circuit court having jurisdiction in such city. (lId., 
sec. 23; Amended Laws 1899, sec. 1, p. 269; R. S. 1899, sec. 65338.) 

Sec. 199. Deputies—salary of.—Such deputies shall receive a salary of 
seventy-five dollars per month, to be paid out of the treasury of the city, in like 
manner as provided herein in case of constables. They may be removed at the 
pleasure of the constable appointing them, or his successor in office, and in case 
of vacancy in such office of deputy constables, the constable may fill such vacancy, 
with the approval of the justice, as in case of original appointment. (lId., sec. 24; 
R. S. 1899, sec. 6534.) 

Sec. 200. Offices for justices to be provided.—The municipal assembly of 
said city shall provide proper rooms and offices for said justices’ courts, and their 
clerks and constables in their respective districts, and for the proper care of the 
same, and shall provide heat, light, proper books of account, dockets and printed 
forms of writs, and stationery, and whatsoever else may be necessary for the proper 
conduct of the business of such courts. (Id., sec. 25; R. S. 1899, sec. 6535—w.) 

Sec. 201. Repealing clause.—All acts or parts of acts inconsistent with this 
act are hereby repealed. (Id., sec. 26.) 

Sec. 202. City register to perform duties of clerk—mayor those of county 
court, except in cases of tie.—In said city of St. Louis, the duties and services 
required by chapter 9 of Rev. Stat. 1899 (relating to constables) of the county 
clerk shall be performed by the register of said city, and those required to be 
performed by the county court shall be performed by the mayor of said city, 
except in case of a tie or contested election, which shall be tried in the circuit 
court; and, so far as applicable, said city shall be considered as a county; and 
likewise a district in said city shall be held to be the same as a township in said 
chapter. (Rev. Stat. 1899, sec. 6536—v.) 

Sec. 203.—Qualifications of jurors in justices’ courts.—In any cause pending 
before a justice of the peace in cities which now have or may hereafter have a 
population of 300,000 inhabitants or more, no person shall be eligible to sit as a 
juror unless he has the same qualifications as prescribed for jurors in the circuit 
court of such cities, and no person shall be permitted to serve as a juror in such 
cities before any justice of the peace more than once each year. (Laws 1895, sec. 
op ale; Wr. 8: 1899,:sec): 6537.) 

Sec. 204. Clerks of court to record names of jurors.—It shall be the duty 
of the clerk in each court of a justice of the peace in such cities to record in a 


(¢) The mayor approves the constable’s bond: Scheme, sec. 15; also Rev. Code, 
secs. 1506 and 1678. 


(u) See as to such ordinances, Rev. C., secs. 1324-1328. 


, ta) This section held void, so far as to deciding tie election, as unconstitutional, 
in State ex inf. vs. Kramer, 150 Mo. 89. 


118 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


book suitably headed and ruled, the name of each juror serving in such court, 
arranged under the proper letter of the alphabet, together with the number and 
street of his residence and the date of his service. (Laws 1895, sec. 2, p. 202; 
R. 8S. 1899, sec. 6538.) 


ARTICLE VII. 
JUVENILE COURTS.* 


Sec. 205. Application of act—construction of terms.—This act shall apply 
only to children under the age of sixteen years, not now or hereafter inmates of 
any state institution, or any training school for boys, or industrial school for girls, 
or any institution incorporated under the laws of this state: Provided, that when 
jurisdiction has been acquired under the provisions hereof over the person of a 
child, such jurisdiction shall continue for the purposes of this act until the child 
shall have attained its majority. For the purpose of this act the words ‘‘neglected 
child’? shall mean any child under the age of sixteen years who is destitute or 
homeless, or abandoned, or dependent upon the public for support, or who 
habitually begs or receives alms, is found in any house of ill-fame, or with any 
wicious or disreputable person, or who is suffering from the cruelty or depravity 
of its parents, or other person in whose care it may be. The words ‘‘delinquent 
child’ shall include any child under the age of sixteen years who violates any 
law of this state, or any city ordinance. The word ‘‘child”’ or ‘‘children’’ may 
mean one or more children, and the word “parent” or ‘‘parents’’ may be held 
to mean one or both parents, when consistent with the intent of this act. The 
word ‘‘association’’ shall include any corporation which includes in its purposes 
the care or discipline of children coming within the meaning of this act. (Laws 
VOUS phZ1s, seca?) 

Sec. 206. Jursdiction of courts.—The circuit courts exercising jurisdiction 
in counties having a population of 150,000 inhabitants and over in this state, shall 
have original jurisdiction of all cases coming within the terms of this act. The 


city of St. Louis shall be deemed to be a county within the meaning of this act. 
(Ib., sec. 2—w.) 


Secii20t. Juvenile court room—Procedure.—In said counties the 
judges of the circuit court shall, from time to time, designate one of 
their number, whose duty it shall be to hear and determine 


for such time as_~ said judges shall designate, all cases coming 
under this act. A court room _ to be designated the ‘Juvenile Court Room’”’ 
shall be provided or assigned for the hearing of such cases, and the proceedings 
of the court in such cases shall be entered in a book or books to be kept for that 
purpose, and known as the Juvenile Record, and the court may for convenience be 
calied the Juvenile Court. The practice and procedure prescribed by law for the 
conduct of criminal cases so far as same may be applicable and when not herein 
otherwise provided, shall govern all proceedings under this act. In all trials under 
this act any person interested therein may demand a trial by jury. (Ib., sec. c—wz.) 
Sec. 208. Who may file petition—affidavit.—Any reputable person, being a 
resident in the county, having knowledge or information of a child in the county 
who appears to be a neglected child, may.file with the clerk of the Juvenile Court, 
a petition in writing setting forth the facts, verified by affidavit. It shall be 
sufficient that the affidavit be upon information and belief. (Laws 1903, p. 214, 
sec. 4.) 
See. 209. Summons—hearing—disposition of child.—Upon the filing of the 
petition, unless the parties shall voluntarily appear or be in court, a summons 
<hall issue in the name of the state of Missouri requiring the child and the person 
having custody or control of the child, or with whom the child may be, to appear 
‘ith the child, at the place and at the time set in the summons, which shall noz 
= later than twenty-four hours after service, unless otherwise directed by the 
eourt or judge. The parents of the child, if living, and their residences known, or 
its legal guardian, or if his or her residence is unknown, then some relative, if 
there be one, and his or her residence is known, shall be notified of the proceed- 
ings, and in any case the court may appoint some suitable person or association 
to act in behalf of the child. If the person summoned, as herein provided, shali 


*This act was held valid in Ex Parte Loving, 178 Mo. 194, as against several consti- 
tutional objections. 


For the ordinance providing the building for the Juvenile Court, the operation of 
that court, and the offices created in connection therewith, see ord. 22540, approved July 
12, 1906, set out in appendix to the Revised Code. : 

(w) The amendment in 1905 (acts 1905, p. 56) repeals the act and substitutes a 
new one, in so far as cities between 150,000 and 500,000 are concerned, so that the act of 
1903 now applies, in effect, to the City of St. Louis alone. But that does not invalidate 
cthe act, within the reasoning in Ex Parte Loving, supra (178 Mo. 194). 


(+) See State ex rel. vs. Wilder, 197 Mo. 27. 


yy ee STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 119 


fail without reasonable cause to appear and abide the order of the court, or to 
bring the child, such person may be proceeded against, as in case of contempt of 
court. If it shall appear to the satisfaction of the court that there is no person in 
charge or care of the child, the court may order the sheriff to take control of the 
child and bring him into court. On the return of the summons, or other process, 
or as soon thereafter as may be, the court shall proceed to hear the case in a 
summary manner, and if it shall determine that the child is a ‘‘neglected child”’ 
within the definition thereof contain herein, shall enter its order or judgment 
accordingly under the provisions of this act; and the cost of the proceedings may, 
in the discretion of the court, be adjudged against the petitioner or any person or 
persons so summoned, or appearing, as the case may be, and collected as provided 
by law in civil cases. All costs not so collected shall be paid by the county. 
Pending the disposition of any case, the child may be retained in the custody of the 
person having charge of the same, or may be kept in some suitable place provided 
by the county authorities, or by any association having for one of its objects the 
care of delinquent or neglected children, or in such other custody as the judge 
may direct. (Ib., sec. 5.) 

See. 210. Probation officer—duty.—The circuit court shall appoint, or 
designate, a discreet person of good character, to serve as probation officer during 
the pleasure of the court. Whenever there is to be a child brought before the 
Juvenile Court, it shall be the duty of the clerk of the court, if practicable, to 
notify the said probation officer in advance of the time when any child is to be 
brought before the court. It shall be the duty of the said probation officer to 
make such investigation of such child as may be required by the court, to be 
present in court in order to represent the interests of the child when the case 
is heard, and to furnish to the court such information and assistance as the judge 
may require, and to take charge of any child betore and after trial, as may be 
directed by the court; and the court shall have power to make and enforce rules 
specifying the duties of probation officers in any and all cases. (Laws 1903, 
io is. SCC. G2) 

Sec. 211. Neglected child.—When any child under the age of sixteen years 
shall be found to be neglected within the meaning of this act, the Juvenile Court 
may make an order committing the child, under such conditions as it may 
prescribe, to the care of some reputable person of good moral character, or to 
the care of some association willing to receive it, embracing in its object the 
purpose of caring for neglected children. (Laws 1903, p. 215, sec. 7.) 

Sec. 212. Children arrested taken before juvenile court.—When in any such 
county, a child under the age of sixteen years is arrested with or without warrant, 
such child shall, instead of being taken for trial before a justice of the peace, or 
police magistrate, or judge of any other court, now or hereafter having jurisdic- 
tion of the offense charged, be taken directly before such Juvenile Court; or if the 
child shall have been taken before a justice of the peace or police magistrate, or 
judge of such other court, it shall be the duty of said justice of the peace or police 
magistrate, or judge of such other court, to transfer the case to such Juvenile 
Court, and of the officer having the child in charge to take such child before said 
court, and the said court shall proceed to hear the case in accordance with the 
law, in trials of such offenses. In place of a warrant for the arrest of any child 
under said age, a Summons may issue as provided in section 5 [209 supra] of this 
act with respect to neglected children. (Ib., sec. 8—y.) 

Sec. 213. Punishment discretionary.—A1l punishments and penalties 1in- 
posed by law upon persons for the commission of offenses, shall in the case of the 
said delinquent children rest in the discretion of the judge of the Juvenile Court, 
and execution of any sentence may be suspended or remitted in his discretion. 
(Ib., sec. 9.) 

Sec. 214. No jail sentence nor confinement with convicts.—In all cases when 
practicable the court shall require notice to be given and investigation to be made, 
as in the several cases under this act provided for, and may adjourn the hearing 
from time to time for the purpose. The court shall not commit a child under 
sixteen years of age to a jail or police station, but if said child is unable to give 
bail, it may be committed to the care of the sheriff, police officer or probation 
officer who shall, unless otherwise ordered by the court, keep such child in a 
suitable place, which shall be provided by the county, outside of the inclosures of 
any jail or police station, or such child may be committed to the care of any 
association willing to receive it, having for one of its objects the care of neglected 
children. When any delinquent child shall be sentenced to confinement in any 
institution to which adult convicts are sentenced, it shall be unlawful to confine 
such child in the same building with such adult convicts, or to bring such child 
into any yard or building in which adult convicts may be present, or to permit any 
contact or intercourse whatever between such child and such adults. The judge 


(y) State ex rel. vs. Wilder, 197 Mo. 27. 


120 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5. 


of the Juvenile Court may make in vacation any order for the temporary care 
of any child or children coming within the provisions of this act. (Ib., sec. 10.) 

Sec. 215. .Deputy probationary officers—duty of prosecuting attorneys—of 
police—probation officer’s power.—In each county in this state having a Juvenile 
court and probation officer appointed as hereinbefore provided, the said proba- 
tion officer shall have the power and authority to appoint one or more deputy 
probation officers subject to the approval of the judges of the circuit court. Said 
deputies shall hold office during the pleasure of the said court. Women shall 
not be disaualified from holding the position of deputy probation officers. 

It shall be the duty of all circuit, prosecuting and city attorneys representing 
the state or city in any court held in the counties aforesaid, to give to the proba- 
tion officers such aid in the performance of their duties as may be consistent with 
the duties of the office of such attorneys. 

It shall be the duty of all police officers and constables making arrest of 
children under sixteen years of age in the counties aforesaid, to at once give 
information of that fact to the probation officer, or one of his deputies, and also to 
furnish such probation officer with all facts in their possession pertaining to said 
child, its parents, guardian, or other person interested in such child, and also of the 
nature of the charge upon which such arrests has been made. 

Any probation officer may, without warrant or other process, at any time 
until final disposition of the case of any child over whom said Juvenile Court shall 
have acqnired jurisdiction, take any child placed in his care by said court, an” 
bring such child before the court, or the court may issue a warrant for the arrest 
of any such child; and the court may thereupon proceed to make any lawful 
disosition of; the, case.) (1b.,%sec. 11.) 

Sec. 216. Salary of probation officer and deputies.—The said probation 
officer shall receive a salary of one thousand dollars ($1,000) per annum, payable 
monthly out of the funds of said county. Every assistant probation officer shall 
receive such salary or compensation as may be decided by the judges of the circuit 
court, not exceeding in any case the sum of eight hundred (800) dollars per 
annum, payable in like manner out of the funds of said county. Actual disburse- 
ments for necessary expenses made by probation officers while in the performance 
of their duties shall be reimbursed to them out of the funds of said county, after 
approval by the judges of the circuit court: Provided, that no officer shall be 
allowed for such disbursement a greater sum than one hundred Sige in any 
oneryear. tN LbzseGailie.opn 2 Lo.) 

Sec. 217. Power of court in final disposition of child.—In the case of a 
delinquent child, the court may suspend the sentence or, execution thereof, from 
time to time, and may in the meantime commit the child to the care and control 
of a probation officer, duly appointed by the court, and may allow such child to 
remain in its home, subject to the visitation and control of the probation officer, 
such child to report to the probation officer as often as may be required, and to 
be subject to be returned to the court for further proceedings whenever such 
action may appear to the court to be necessary; or the court may authorize the 
child to be placed in a suitable family home, subject to the friendly supervision 
of a probation officer, and the further order of the court, or it may authorize the 
child to be boarded out in some suitable family home, in case provision is made 
by voluntary contribution, or otherwise, for payment of the board of such child, 
until suitable provision may be made for the child in a home without such pay- 
ment; or the court may commit the child to a suitable institution for the care 
OLsCHildgrenj {GLb Seca.) 

Sec. 218. Child a ward—subject to order court.—In any case where the 
court shall commit a child to the care of any association or individual, in accord- 
ance with the provisions of this act, the child shall, unless otherwise ordered, 
become a ward, and be subject to the control of the association or individual, to 
whose care it is committed; and subject to the order of the court. (Ib., sec. 14.) 

Sec. 219. Associations—when awarded custody—report—removal.—The 
judge of the Juvenile Court may secure such information from any association 
desiring to have children committed to its care under the provisions of this act, 
as said judge may deem necessary, to enable him to exercise a wise discretion in 
dealing with such children. Every such association shall file with the state board 
of charities and corrections an annual report, respecting the children cared for 
during the year, under the provision of this act; the number received, the number 
placed in homes, the number that have died, and the number returned to parents 
or friends. The court shall have power to withdraw any child sent to any institu- 
tion or association or person at any time, and to make other provision therefor. 
(Ib., sec. 15.) 

Sec. 220. Religious affiliations to be respected.—The Juvenile Court, in 
committing children, shall place them as far as practicable, in the care and 
custody of some individual holding the same religious belief as the parents of 


ART. 7.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 121 


such child, or with an association controlled by persons of like religious faith as 
the said parents. (Ib., p. 217, sec. 16.) 

Sec. 221. Appeal.—An appeal shall be allowed to the child from any final order 
of commitment made under the provisions of this act and from any modification 
of such order and may be demanded on the part of the child by its guardian, by 
either parent, by its previous custodian or by any person within the fourth degree 
of kindred of such child: Provided, however, that such appeal shall be taken at 
the same term of the court at which the order is made, and such appeal shall act 
as a supersedeas if a bond with sufficient sureties shall be given in a penal sum 
not exceeding five hundred dollars, payable to the state of Missouri and conditioned 
that when so ordered by the court the child shall be surrendered to abide such 
judgment or order as may be rendered or made by the appellate court; but the 
trial court or the appellate court may in its discretion by an order modify or 
dispense with such bond; in which case the allowance of the appeal shall act as a 
supersedeas on compliance with the order so made. (Ib., sec. 17.) 

See. 222. Act not to affect certain institutions.—Nothing in this act shall be 
construed to repeal any portion of the law relating to the Industrial Home for 
Girls, or the Reform School for Boys, and in all commitments to either of said 
institutions, the law in reference to said institutions shall govern the same. (Ib., 
sec. 18.) 

Sec. 223. Compulsion of parent to support child.—In any case in which the 
Juvenile Court shall find a child neglected, or delinquent, it may, in the same or 
subsequent proceeding, upon the parents of said child or either of them being 
duly summoned, or voluntarily appearing, proceed to inquire into the ability of 
said parent or parents to support the child, or contribute to its support, and if 
the court shall find that such parent or parents are able to support the child or 
contribute thereto, the court may enter an order or decree requiring said parent 
or parents to support such child or contribute thereto, and may enforce the 
same by execution. (Ib., sec. 19.) 

Sec. 224. Act of 1901 relating to juvenile delinquents repealed.—The act 
entitled ‘“‘An act to establish a probation system: for juvenile delinquents in 
certain cities,’ approved March 26, 1901, is hereby repealed. (Ib., sec. 20.) 

Sec. 225. KEmergency.—No adequate provision for the care of neglected or 
delinquent children existing in counties having a population of 150,000 inhabitants 
and over, in this state, there is created an emergency within the meaning of the 
constitution; therefore, this act shall take effect and be in force from and after 
its passage. (Ib., sec. 21.) 

Sec. 226. Inconsistent acts repealed.—All acts or parts of acts in conflict 
with this act, or inconsistent herewith, are hereby repealed. (Ib., sec. 22.) 


CHAPTER FIVE A. 
CRIMES. 


Sec. 226a. Offering property for sale without written authority.—In cities 
of three hundred thousand inhabitants or more, any person who shall offer for 
sale any real property without the written authority of the owner of such property, 
or of his attorney-in-fact, appointed in writing, or of a person who has made a 
written contract for the purchase of said property, with the owner thereof, shall 
be deemed guilty of a misdemeanor and fined in a sum of not less than ten 
dollars nor more than three hundred dollars. (Laws 1903, p. 161, sec. 1—<.) 

Sec. 226b. Application for loans without written authority.—In cities of 
three hundred thousand inhabitants or more, any person who shall make applica- 
tion to any other person, or to any corporation, for a loan upon any real property 
without the written authority of the owner of such real property, or of his attor- 
ney-in-fact, appointed in writing or of any person who has made a written contract 
for the purchase of such property with the owner thereof, shall be deemed guilty 
of a misdemeanor and fined in a sum not less than ten dollars nor more than three 
hundred dollars. (Ib., sec. 2.) 


CHAPTER SIX. 
DAMAGE SUITS AGAINST CITIES. 


Sec. 227. In suits against city for damages plaintiff may be required to join 
as co-defendant person or corporation liable to an action on same account by city. 
—Whenever a city of over one hundred and fifty thousand inhabitants shall be 


() Section construed in Mercantile Trust Co. vs. Niggeman, 119 Mo. App. 56, as 
to validity of contract. 


122 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 5a, 6, 7, 8. 


sued in any court in this state and the cause of action on account of which said 
city is sued shall arise from the wrongful or unauthorized acts or carelessness and 
negligence of any person or corporation subject to service in this state, and 
such wrongful or unauthorized acts or carelessness and negligence shail also make 
such person or corporation liable to an action by the plaintiff on the same accourt 
as such city is sued for, such city may, within fifteen days after the first day of 
the next term of court after the service of the writ of summons, file a motion, in 
writing, in said case, notifying the plaintiff therein to make such person or cor- 
poration a party defendant in said suit in accordance with the facts constituting the 
liability of such person or corporation, which facts said city shall set forth in said 
notice, and shall verify the same by affidavit. The plaintiff in said suit shall then 
proceed to join such person or corporation as a party defendant in said suit, in 
accordance with the facts set forth in said notice, and such suit shall not be prose- 
cuted against said city until such person or corporation is made a co-defendant with 
such city: Provided, however, that in case the facts set forth in said notice do 
not make such person or corporation named therein liable to an action on the 
same account as such city is sued for in such case, said plaintiff may file a motion 
to strike out said notice, and if said motion shall be sustained by the court, then 
the plaintiff in such case may proceed against defendant city alone, as if said 
notice had not been filed; and provided further, that if the plaintiff shall make 
such person or corporation as may be named in said notice a party defendant in 
said suit and shall have caused summons to be issued for such person or corpora- 
tion, and such person or corporation cannot be served with process by the officer 
to whom such writ is directed, then the plaintiff in such case may proceed against 
the city alone. (Laws 1901, pp. 78, 79—a.) 


laa Ee TUS EVN: 


DHNDISTiYs = 


Sec. 228. Duty of register in St. Louis—Whenever in article 3 of Chap. 
128 of Rev. Stat. of 1899 entitled ‘‘Dentistry,’’ it is provided that any duty or 
service shall be performed by any county clerk, such duty and service in the city 
of St. Louis shall be performed by the city register of the city of St. Louis as 
if said officer was especially named to perform these duties and services, and 
said register shall receive the same compensation therefor as this article provides 
shall be paid to county clerks; provided, futher that whenever in this article the 
word ‘‘county’’ is used it shall include the city of St. Louis the same as if said 
city were especially named. (Laws 1905, p. 217, sec. 8535.) 


CHAP TERE IG ETS 
DRAMSHOPS—EXCISE COMMISSIONER.** 


Sec. 229. In all cities in this state, which now have, or may hereafter have 
a population of 300,000 inhabitants or more, there is hereby created the office 
of excise commissioner, who shall have exclusive authority to grant dramshop 
licenses; and such commissioner shall be appointed by and hold his office during 
the pleasure of the Governor. The excise commissioner must be a bona fide 
resident of the city where appointed for a period of not less than two years 
previous to his appointment and shall be confirmed by the Senate. (Laws 1905, 
p. 141, amend. R. S. 1899, sec. 5019.) 

Sec. 230. Applications, how made.—Any person desiring a dramshop license 
shall present a petition to the excise commissioner, as required by the laws of this 
State, and if the petition is signed by the requisite number of petitioners, and the 
applicant is a person of good moral character, the commissioner shall give to the 


(a) This statute was enacted to counteract, so far as might be, the effect of the 
decision in Badgley vs. St.. Louis, 149 Mo. 122, holding void the charter provision, Art. 
x VIE sec.a9: 

The statute was made the basis of a motion to dismiss an appeal in the case of 
Baker vs. St. Louis, 189 Mo. 375. 

*Laws 1905, pages 213-217, repealing R. S. 1899, secs. 8525-8536, relating to ‘“Den- 
tistry,’” and enact new sections in lieu thereof. 


**The State law now in force largely if not entirely supersedes the city ordinances 
on the subject. See comments and notations to ordinance regulations concerning dram- 
shops in Rev. Code, Chap. 31, Art. IV and notes to sections 2150 to 2164. 


CHAP. 8.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 123 


applicant a statement in writing, that upon the payment of the license tax required 
by law, a dramshop license will be issued to such applicant. CRB 1899. .sec, 
3020—D.) 

Sec. 231. Condition on which license may be issued or revoked.—Upon re- 
ceiving the statement mentioned in the preceding section of this article, the 
applicant for dramshop license shall pay to the city collector the amount fixed by 
law as necessary to secure dramshop license, taking therefor duplicate receipts, 
one of which shall be filed with the city treasurer, and the other shall be filed 
with the excise commissioner, who shall then issue dramshop license to the 
applicant for the period provided by law; and the commissioner shall have authority 
to revoke any license by him granted, if the dramshop-keeper to whom license has 
been issued shall violate any of the provisions of the laws of this state governing 
dramshops. (R. S. 1899, sec. 3021—c.) 

Sec. 232. Commissioner to keep record of licenses and preserve petitions.— 
The excise commissioner shall keep a record in which shall be recorded the names 
‘of all applicants for dramshop license, the place at which the applicant is permitted 
to conduct the business of dramshop-keeper, the date of the issuance of such 
license, and shall preserve in his office all petitions for dramshop license, and 
remonstrances against the granting of dramshop license; all of which shall be a 
public record, and open to the inspection of any citizen who desires to inspect the 
same. (R. S. 1899, sec. 3022—d.) 

Sec. 233. President board police commissioners to be notified.—W henever 
the excise commissioner shall grant a dramshop license, he shall notify the presi- 
dent of the board of police commissioners, giving the name of the person to whom 
the license is issued, the date of the license, and the place at which the business of 
keeping a dramshop is authorized to be conducted. (R. S. 1899, sec. 3023.) 

Sec. 234. License to keep dramshop, reiused or revoked, when.—-No license 
shall be granted to any person to keep a dramshop who shall carry on the business 
of dramshop-keeper after the expiration of the license previously issued or without 
having received a license for such purpose or whose license shall have been 
revoked for violating any of the provisions of law governing dramshop keepers. 
No license shall be granted to any person to keep a dramshop in any house or 
building used for the purpose of prostitution or as a house of assignation or ill- 
fame or gambling house. If after a dramshop license is granted the building in 
which the dramshop is located shall be used for the above mentioned purposes, or 
any of them, then the license granted shall be revoked by the excise commissioner. 
(Laws 1901, p. 143, amend. R. S. 1399, sec. 3024.) 

Sec. 235. Duty of police.—It shall be the duty of the police authorities to 
prevent any person carrying on the business of dramshop-keeper without having a 
license for that purpose. (R.S. 1899, sec. 3025.) 


(B) The 8th section of the act of 1891 (CR. S. 1899, see. 2997) applies to the City of 
St. Louis as to the manner of issuing licenses; separate licenses are issued for state 
and city: State ex rel vs. Bell, 119 Mo. 70, 72, 74; State ex rel vs. Higgins, 71 Mo. App. 180, 
183, 184. Formerly the collector performed same functions as county courts, and appli- 
eation for license required petition signed by majority of tax payers in the block: 
State ex rel vs. Hudson, 13 Mo. App. 61; see also as to the authority of the collector 
under the old law: State ex rel. vs. Rosenblatt, 9 Mo. App. 587. Application for license to 
the excise commissioner in St. Louis is governed by the statute (R. S. 1899, sec. 2997), 
and required to be supported by the proper petition as there required, and the act of 1901 
(since repealed and amended: Laws 1905, p. 141) which provided that the petition for 
a license should be on file in the office of the clerk of the county court for not less 
than ten days, applied in St. Louis to the office of excise commissioner, and where it 
appears that such petition was not on file that length of time a license granted there- 
under was void; the commissioner acquires jurisdiction where the petition recites that 
the petitioners are a majority of the assessed tax-paying citizens and guardians of 
minors, owning property in the block; his findings of fact are conclusive; the facts 
are in general to appear in his records and the proper method of review is usually 
by certiorari, not by equitable bill: Cooper vs. Hunt, 103 Mo. App. 9 All jurisdictional 
facts must appear on the face of the proceedings: see cases cited in State ex rel. vs. 


Seibert, 97 Mo. 212, 218, also holding that the application for license need not be 
sworn to. 


The excise commissioner has no authority to issue a license beyond the period 
asked for in the petition and if he does the license is void; the dramshop act con- 
templates that after the petition has been on file in the office of the excise commissioner 
for ten days is shall be presently acted upon by him and that a license shall be granted 
or refused; if granted it should be for six months, at which time applicant may have 
the license renewed for another term of six months on the petition; at the expiration 
of the second license the life of the petition expires and if the licensee desires to 
continue he must go back to the tax payers and get a new petition from them: State 
ex rel. vs. Mulvihill, 113 Mo. App. 324, 328. 


(c) The revocation of a permit or license by the excise commissioner is not of a 
judicial nature, and is not reviewable by the courts: Higgins vs. Talty, 157 Mo. 280 
(revocation for keeping disorderly house); State vs. Seebold, 192 Mo. 720, (discussing 
right of revocation for selling liquor on Sunday, independently of any conviction 
therefor, and denying the right of a dramshop keeper to question the validity of the 
statute in such a proceeding.) 


(dq) Cooper vs. Hunt, 103 Mo. App. 9, 15. 


124 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP Ay: 


Sec. 236. Fees—Powers—Duties—Compensation.—The person to whom a 
dramshop license shall be issued shall pay the excise commissioner a fee of three 
dollars for each state license and a fee of three dollars for each city 
license, for granting and issuing the same, and said excise commissioner 
shall charge, collect and receive a further sum of three dollars’ for 
taking acknowledgments to each petition filed, acknowledgment to bond, filing 
petition and bond, administering oaths, and all other acts of said commissioner of 
like character necessary to perfecting the petitions and papers before the license 
is issued and the said excise commissioner shall perform all these services and 
acts, and for that purpose the said excise commissioner is hereby granted and given 
the power to administer oaths, to take acknowledgment to all papers and instru- 
ments filed in his office and to possess the same powers for that purpose as are now 
given by the statute law or the state of Missouri to justices of the peace. All 
fees and charges so collected shall be paid over to the treasurer of the state of 
Missouri to be placed to the credit of the general revenue fund of the state. Said 
excise commissioner shall take a receipt therefor from the treasurer, the original 
he shall file with the state auditor and the duplicate thereof he shall file in his 
own office as a part of the records thereof. The said excise commissioner shall 
make said payments to the state treasurer on the first Monday of each and every 
month, and shall at the time of making said payments to the treasurer, file with 
the state auditor a full, complete and sworn statement of all of the fees collected 
by him as herein directed, during the preceding month and since his last statement 
and also stating the total number of state and city licenses issued and granted, 
the name of the person to whom issued, date when issued, date of expiration and 
amount of ad valorem tax paid on each. Said excise commissioner shall receive 
the sum of five thousand dollars per annum, payable monthly out of the state 
treasury, as and for full compensation, salary and services, as such excise commis- 
sioner, and a further sum of four thousand dollars per annum or so much thereof 
as is necessary, out of which he shall pay all clerical help and expenses of what- 
ever character in the conduct and management of the business of his office, pay- 
able monthly out of the state treasury, when properly certified by said excise 
commissioner. (Laws 1905, p. 141, amending R. S. 1899, sec. 3026—e.) 


CHAPTER NINE. 
ELECTION AND REGISTRATION. 


Art. I. Miscellaneous Provisions. 

Art.. II. Board of election commissioners created—registration and conduct 
of elections. ~ 

Art. III. Primary Elections not covered by act of 1907. 

Art. IV. Primary Elections in General. 


ARTICLE I. 
MISCELLANEOUS PROVISIONS.* 


Sec. 237. Election of state officers.—On the first Tuesday after the first 
Monday in November in the year 1880, and every four years thereafter, there shall 
be an election held in each township in this state and in each ward of the city of 
St. Louis for the election of governor, lieutenant-governor, secretary of state, state 
auditor, state treasurer and attorney-general, who shall hold their offices for the 
term of four years after the second Monday in January next after their election 
and until their successors are elected and qualified. (R.S. 1899, sec. 6981.) 

Sec. 238. Election of other officials, etc.—On the first Tuesday after the first 
Monday in November, in the year 1880, and every two years thereafter, there 
shall be an election held in each township in this state, and in each ward of the city 
of St. Louis, for the election of a member of congress from each congressional 
district, of senators and representatives in those districts and judges of the county 
courts in those counties where the term of those elected has expired, and for 
sheriffs and coroners, and such other officers as may be required by law to be 
elected at such elections. (R. S. 1899, sec. 6982.) 

Sec. 239. Elections in St. Louis conducted, how.—All elections in the city 
of St. Louis shall be conducted in all respects as provided by the laws now in force 
regulating elections in said city. (R. S. 1899, sec. 7005.) 

Sec. 240. Certain contests in St. Louis.—All contested elections for judge of 
the criminal or probate court of St. Louis city shall be heard and determined by 
the circuit court of that city. (R. S. 1899, sec. 7067.) 


(e ) See State ex rel. vs. Bell supra. 
*As to elections of justices of the peace and constables, see Chapter V, Art. VI, 
secs. 173 and 202 note. 


ART. 1-32.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 125 


Sec. 241. Proceedings, how conducted.— All proceedings for contesting elec- 
tions, as provided for in the preceding section shall be conducted in all respects 
as provided for contesting elections of judges of circuit judges. (R. S. 1899, 
sec. 7068.) 

Sec. 242. Circuit attorney or assistant circuit attorney, contests, where 
heard.—If any election of any circuit attorney or assistant circuit attorney be 
contested, such contest shall be heard and determined by the circuit court of the 
county or city wherein either contestant or contestee resides. (R. S. 1899, sec. 
7069.) : 

Sec. 243. Proceedings in such cases.—All proceedings for contesting elec- 
tions of circuit attorney, or assistant circuit attorney, shall be conducted in all 
respects as provided for contesting elections of judges of circuit courts. (R. S. 
1899, sec. 7070—f.) 

Sec. 244. Provisions to apply to St. Louis city, except.—Except as otherwise 
provided by law, the provisions of this chapter shall be applicable to the city of 
St. Louis the same as to counties, and the duties imposed on officers in counties 
shall likewise be imposed on the corresponding officers of said city. (R.S. 1899, 


sec. TO70—Q.) 
ARTICLE II. 


BOARD OF ELECTION COMMISSIONERS CREATED—REGISTRATION AND CON- 
DUCT OF ELECTIONS.* 


REGISTRATIONS AND ELECTIONS IN CITY OF ST. LOUIS—LAWS 1903. 
PAGES 170-193. 


(Repeals Art. VIII, Chap. 102, R. S. 1899, and amendatory acts.) 


Sec. 245. Registration of voters.—In all cities of this state now having 
or which hereafter may have three hundred thousand inhabitants or more, there 
shall be a registration of all the qualified voters, and said registration and ths 
mode of conducting the elections held in such cities shall be governed and con- 
trolled as provided herein, and be subject to all the provisions of the other election 
laws of this state, so far as the same are not inconsistent or in conflict herewith. 
(Laws 19038, p. 171, sec. 1.) 

Sec. 246. Board of election commissioners created—how and by whom 
appointed—vacancies, how filled—duties of governor—dqualifications and duties 
of commissioners.—There is hereby created a board of election commissioners for 
each city governed by the provisions of this article, composed of three members, 
who shall be appointed as follows: Within thirty days after this article becomes 
a law, the governor, by and with the advice and consent of the senate, shall appoint 
for each of such cities three members, who shall hold their office until January 
15th, 1905, and until their successors are commissioned and qualified. Successors 
shall be appointed in like manner, and their term of office shall be four years, and 
until their successors are commissioned and qualified. One of said commissioners 
shall be a member of and belong to the leading party politically opposed to that 
to which the governor belongs. In making the appointment of commissioners, 
the governor shall designate the commissioner who shall be chairman of the board 
of election commissioners of such city. In case of vacancy for any cause in said 
board, the same shall be filled by the governor for the unexpired term until the 
assembling of the next legislature, when the name of said commissioner shall 
be submitted to the senate by the governor for confirmation, as those of the other 
commissioners when appointed. Such commissioners shall be legal voters, resi- 
dents of the state for at least five years, and of such city for a like term and be 
of approved integrity and capacity; they shall hold no other office, and shall be 
ineligible to any elective or appointive office during their term of office, and shall, 
before entering upon the duties of their said office, take and subscribe an oath to 


(7) State ex rel. vs. Spencer, 164 Mo. l. ec. 51. 
R eye ex rel. vs. Dillon, 78 Mo. 1. c. 490 (construing this section, then Sec. 5563 

*See State ex rel. vs. Mason, 155 Mo. 486, holding the law of 1899 as valid. The 
present law is that of 1903 (Sess. Acts 1903, p. 170 et seq.) which in terms repealed the 
moeviolus acts Of K.-S. 1899, Art. VIII, Chap. 102) (sees. 7222 to 7269). “In how far the 
members of the board are, or are not, state or city officers see: State ex rel. vs. 
Meier, 96 Mo. App. 160; State ex rel. vs. Higgins, 144 Mo. 410. The board of election 
commissioners is an administrative body, with specific powers ana duties, which 
in no manner trench upon the judicial power vested in the courts; prohibition will 
not lie against them; nor will the courts interfere by prohibition or injunction where 
the relief asked for cannot be made available to plaintiff because the election or pri- 
mary must be held before the questions involved can be finally passed upon by the 
court; courts will not sit to determine abstract or speculative questions of law: 
Kalbfell vs. Wood, 193 Mo. 675. 


126 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


support the constitution of the United States and of this state, and to demean them- 
selves faithfully and impartially in office, and each to give bond to the state in 
the sum of ten thousand dollars with security to be approved by the governor, 
conditioned for the faithful and honest performance of the duties of his said 
office, and the care and preservation of the property thereof. Said oath of office 
and bond to be filed in the office of the secretary of state. Said election commis- 
sioners shall make all necessary rules and ‘regulations, not inconsistent with this 
article, with reference to the registration of voters and conduct of elections; and 
shall have charge of and make provisions for all elections, general, special, local, 
municipal, state and county and of all others of every description to be held in 
such city or in any part thereof at any time. (Ib., sec. 2.) 

Sec. 247. Board shall print rules and regulations—records open to inspec- 
tion—shall print and furnish on demand all official data—board shall make report 
after each election—registry book for precincts.—Said board of election commis- 
sioners shall print all necessary rules and regulations not inconsistent with this 
article, having reference to the registration of voters and the conduct of elec- 
tions, and shall prescribe (except where the form of any affidavit is prescribed 
in this article) and furnish the forms of all affidavits required under this article. 
All books, papers and records in their office shall be subject to the inspection of 
any qualified voter of the city at all reasonable times. Said board shall cause to 
be kept in their office the following printed official data, and furnish the same to 
any qualified voter on demand at the office of the board of election commissioners: 

1st. Printed pamphlets or lists showing in numerical order ward boundaries, 
and in each ward in numerical order precinct boundaries, including statement of 
location of places of registration and election polling places of each of such pre- 
cincts, so arranged that the information pertaining to any precinct may be 
detached. 

2nd. Printed lists showing wards and precincts in numerical order, and 
the names and residences of the judges and clerks of registration and election of 
each precinct, and the political party to which each belongs. 

3rd. Separate printed lists, by precincts, showing names of qualified voters, 
alphabetically arranged, as they appear on the registry books; giving name, 
number of line in registry books and residence of such voter, at the time such 
registry books are delivered to the election commissioners by the precinct 
registrars at the close of registration. 

4th. Similar separate printed supplementary lists, by precincts, of names 
added as quatified voters to the registry books by precinct registrars. 

5th. Also similar supplementary lists, by precincts, of names erased from 
the registry books by precinct registrars. 

6th. Also similar printed supplemental lists, by precincts, of voters added, 
restored or erased by the board of election commissioners. 

7th. Also similar printed supplemental lists, by precincts, of voters added 
or restored by the court. 

8th. Also similar [printed] supplemental lists, by precincts, of voters added 
by the election commissioners or the courts, and whose names do not appear on 
the regular registration lists. 

9th. Also similar printed supplementa! lists, by precincts, of voters shown 
by the registry books, to be qualified, but who did not vote on election day. The 
board shall require registration officers to make report just before their final 
adjournment, on forms to be prescribed and furnished by the board, of the general 
conduct of the public, the peace officers, the registration officers and applicants 
fer registration during the days of registration. Any judge or clerk of registration 
suall, at the same time or within five days thereafter, make separate report of 
anything which he may think either the said board or a majority thereof should 
be advised. Similar reports, on forms to be prescribed and furnished by the 
hoard, shall be made by the judges and clerks of election before their adjournment 
on election day; and within five days thereafter any judge or clerk may make a 
like separate report to the said board. Such reports shall be carefully preserved 
by the said board of election commissioners, and shall be subject to public inspec- 
tion. Within ninety days after each election the board shall make a comprehensive 
report, and any member thereof may make a separate report, to the governor of 
the state of everything of public interest relating to the preceding registration 
and election, and the workings and administration of the election laws; and a copy 
of such reports shall be at once delivered to the mayor of the city, who, after 
reviewing them, may make such written suggestions and recommendations to 
the governor concerning the report and the registration and election, and the 
operation and administration of the election laws, as he may be advised. Such 
report of the board, and suggestions and recommendations of the mayor, shall be 
subject to public inspection, and shall be printed by the board for the informa- 
tion of the voters of the city. Two registry books for each precinct in the city 


a 
ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 127 


shall be provided by the board of election commissioners for the purpose of regis- 
tration in such precinct, prepared substantially in the form as provided in this 
article. In one of the registry books the applicant for registration shall sign his 
name or make his mark if unable to write, and have the same witnessed, in the 
column for that purpose, and this registry shall be known as the oiginal registry 
book. The other registry book shall be an exact copy of the original and shall 
be known as the duplicate of the original registry book. Such registry books shall 
be kept in the office of the board of election commissioners, except on such days 
as they are in the custody of the precinct registration officers, as provided in this 
article. During the days of registration such registry books shall be in the custody 
of the judges and clerks of registration, and the public registry book shall be sub- 
ject to the inspection of any resident of the precinct. At the close of each day’s 
registration the said duplicate registry book shall be compared by the judges and 
clerks of registration, and made to conform to the original registry book. (Ib., 
sec. 3.) 

Sec. 248. Secretary of commissioners—powers and duties.—Such election 
commissioners shall appoint a secretary of the board who shall hold his office 
during the pleasure of said commissioners, and he shall give a bond to the state 
in the sum of five thousand dollars, with security to be approved by the com- 
missioners, conditioned for the faithful and honest performance of the duties of 
his said office, and shall exercise a general supervisory control and direction over 
the office, and clerical force appointed by said commissioners, subject to such 
rules and regulations as the board may from time to time provide, and such 
clerical force, as far as possible, shall be divided between the two political parties 
and appointed and approved as hereinafter provided in the case of judges and 
clerks of election; both as regards the duties to be performed by such clerks, and 
as to the number. Such commissioners shall have the right and may employ 
additional clerical force and other assistants from time to time as may be necesy+ 
sary to promptly and carefully perform the duties of the office, to be appointed, 
divided and approved in like manner. Said secretary and employes shall be sub- 
ject to the same restrictions and take and subscribe like oaths as said commis- 
sioners, and file the same in the office of the city register, and a copy of the 
same in the office of the commissioners of election. Commissioners, secretary 
and judges of elections and registration, and clerks employed in the office of said 
commissioners, are hereby authorized and, upon application to them by the affiant, 
directed to administer all oaths and affirmations pertaining to the administration 
of the duties of their several offices and in the affairs and business thereof and 
certify to such oaths, when the same are signed, free of charge. (Laws 1903, 
feito, sec. 4.) 

Sec. 249. Office of commissioners—shall provide ballot-boxes, etc.—duties. 
—The office of such board of election commissioners shall be in the city hall 
of such city, and shall be kept open for the transaction of the duties and business 
of said office during business hours. Said election commissioners shall purchase 
and provide all necessary ballot-boxes, and all books of registration, poll-books, 
tally-sheets, ballots, blanks and stationery of every description with printed head- 
ings and certificates and other necessary and proper equipment for the registra- 
tion of voters and the conduct of such elections, and for every incidental purpose 
connected therewith; and shall select and appoint the places of registration and 
also the polling place in each precinct, and cause the same to be fitted up, warmed, 
lighted and cleaned, and such place or places shall be located in the most public, 
orderly and convenient portion thereof. And no room shall be designated or 
used in which spirituous or intoxicating liquors are sold. (Ib., sec. 5.) 


Sec. 250. City to be divided into election districts.—It is hereby made the 
duty of such board of election commissioners for such cities within ninety days 
after taking effect of this section, to divide such cities into election precincts, 
regarding ward lines and composed of compact and contiguous territory, which 
shall contain as nearly as practicable three hundred actual voters; and in making 
such division and establishing such precincts, such commissioners shall take as 
a basis the poll-books of the number of votes cast at the last preceding presidential 
election. At least six months before each subsequent presidential election the 
election commissioners shall revise and rearrange the precincts and increase or 
decrease their number on the basis of the votes cast at the previous presidential 
election for president, making such precincts to contain, as near as practicable, 
three hundred voters, measured by the vote of such election. The precincts in 
each ward shall be numbered consecutively. (Ib., sec. 6.) 


Sec. 251. Judges and clerks to be selected—dqualifications.—Such board of 
election commissioners shall, ninety days prior to the first city or state election 
after this act becomes a law, and each two years thereafter select and choose four 
qualified voters as judges of election for each precinct in such city; they must be 
citizens of the United States; must be men of good repute and character; able 


128 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 8. 


to read and write the English language, be of good understanding and capable; 
they must have resided in the precinct for which they are selected to act not 
less than thirty days before their appointment, and be entitled to vote therein 
at the next election, and not hold any office or employment under the United 
States, the state of Missouri, or the city in which such election is held, and not be 
candidates for any office at the next ensuing election; two clerks of election for 
each precinct shall also be selected within the same time, and their successors 
each two years thereafter, by such commissioners, who shall possess the same 
qualifications as the judges aforesaid. Before entering upon the duties of their 
offices, each judge and clerk so appointed shall take and subscribe to a like oath 
as that taken and subscribed by the election commissioners and file the same in 
the office of the election commissioners. Said judges and clerks shall be appointed 
for a term ending ninety days prior to the next state election after the election 
at which they were appointed to serve, and shall during said term serve as judges 
and clerks at all special, local or municipal elections in such cities; where a 
vacancy in the office of judge or clerk shall occur from any cause, said commis- 
sioners shall make an appointment as herein provided to fill such vacancy. Two 
of said judges and one of said clerks of election shall belong to and be members 
of the political party which at the last general state election for state officers 
polled the highest number of votes for governor, and two of said judges and one of 
said clerks of election shall belong to and be members of the political party which 
at said last state election polled the next highest number of votes for governor; 
and the names of two of said judges and one of said clerks shall be designated by 
the election commissioner, or commissioners, belonging to and a member or mem- 
bers of the same political party as such judges and clerks, subject to ratification 
by the board of election commissioners; but said board of election commissioners 
shall accord to each of the aforesaid political parties equal representation in the 
appointment of judges and clerks. If any person holding the position of judge 
or clerk of election is found not to possess all qualifications prescribed in this 
section, or if any such judge or clerk shall be guilty of neglecting the duties of 
the place, or be guilty of any official misconduct, then such person shall be 
removed from office by the commissioners, and any such vacancy shall be im- 
mediately filled by the appointment of a person having the same qualifications 
as the person whose place he fills, as hereby required, who shall be selected and 
appointed as this section provides. (Laws 1903, sec. 7—h.) 

Sec. 252. Names of judges and clerks to be published—qualifications of any 
judge or clerk may be objected to—board to hear objections.—At the time of such 
appointment of judges and clerks, the board of election commissioners shall pub- 
lish for one day in two newspapers published in such city, of opposite politics, in 
the English language, each having a daily paid circulation of not less than twenty 
thousand copies, a notice, stating that the persons mentioned below have been 
appointed to act as judges and clerks in the various precincts enumerated, at all 
elections to be held for two years following such notice, and should have the 
qualifications by law required herein for judges and clerks, setting forth the same, 
and to which party they are respectively supposed to belong, and requesting all 
persons to inform the election commissioners as to any want of qualification on 
the part of any judge or clerk mentioned; that on a day named in said notice, 
which shall be not more than five days after the day of publication, the board of 
election commissioners will sit at its office for the purpose of examining into any 
objections made as to the qualifications of any judge or clerk; said notice shall 
further state the hours of said session, which shall be from nine to twelve a. m. 
and from two to ten o’clock p. m., and shall further state that if all objections . 
to the qualifications of judges and clerks are not disposed of on said day, it will 
sit from day to day between the same hours, until the same are all determined; 
and further, that any person found disqualified upon such information will be 
removed and a duly qualified person appointed in his stead. On the day and at 
an hour named for the beginning of such session, the election commissioners 
shall meet at their office and consider the objections made to the appointment of 
each judge and clerk, beginning with the lowest numbered precinct of the first 
ward and continuing in regular number to the highest precinct of the ward of the 
highest number; the commissioners may examine any person appearing before 
them under oath; they shall decide each case as soon as the evidence therein is 
before them, and announce their decision, announcing also the dissent of any 
commissioner if the decision of the board is not unanimous; a minute shall be 
made of such decision, setting forth all objections made against any judge or 
clerk, and the finding of the majority thereon, and of the dissenting number, if 


(h) Under this section the board is not vested with the power to remove judges 
and clerks duly appointed, without an assignment of charges against them author- 
izing removal and a reasonable opportunity to be heard; such judges and clerks of 
election are public officers: State ex rel. vs. Maroney, 191 Mo. 531 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 129 


there be any dissent; if all objections to judges and clerks are not concluded on 
said day, the commissioners shall sit from day to day, between the same hours, 
and at the same place until all such objections are disposed of; all judges and 
clerks found to be disqualified upon such hearing shall be immediately removed 
and persons having the necessary qualifications appointed in their places, divided 
between the two political parties as provided for herein. Within twenty days 
after the last of said sessions the election commissioners shall cause all the 
judges and clerks appointed, who have not been removed or excused from service 
for good cause, as provided herein, to be qualified so far as it is possible for them 
to do so, and any vacancies then existing shall be filled by said commissioners’ in 
the same manner as heretofore provided for the appointment of judges and clerks; 
such notice shall also set forth the wards in numerical order, and under each ward 
its precincts in like order, and under each precinct the street and number of the 
place of registration for such precinct. Said notice shall contain under each 
place of registration the word ‘‘judges,’’ and under it the names of the judges 
appointed to serve in that precinct, with their respective places of residence; next, 
the word “clerks,” followed by the names and places of residence of the various 
clerks appointed to serve in that precinct. (Laws 1903, p. 175, sec. 8.) 


Sec. 253. Notice of registration days, etc.—It shall be the duty of such 
election commissioners to give notice by publication on Friday and Saturday 
preceding the first day of registration provided for herein, in two daily newspapers 
of such city, of opposite politics, in the English language, and having a daily paid 
circulation of not less than twenty thousand copies of the time and place of registra- 
tion in each precinct of the city. (Ib., p. 176, sec. 9.) 


Sec. 254. Registration days—registration books.—The judges of election 
aforesaid shall constitute the board of registry in the precinct for which they are 
appointed. There shall be four days for registration, as follows: Monday, Tues- 
day, Wednesday and Thursday of the seventh week prior to election, and upon 
which days the judges and clerks shall meet in their respective precincts. A new 
general registration shall be made in every year in. which a presidential election 
occurs, and just prior thereto. Two registry books shall be provided and furnished 
to each board of registration by the said election commissioners for the purpose 
of said registration; the headings to the book shall be so prepared that the 
registry shall be made alphabetically according to the surname of each person 
applying, but it shall be arranged so that the residence of such person shall appear 
in the first column. The register shall be ruled, and one name shall be written 
on each line, but no name shall be written between the lines. Under the column 
“residence,’’ the name and number of the street, avenue, or other location of the 
dwelling, if there be a definite number, and if there shall not be a number, such 
clear and definite description of the place of such dwelling as shall enabel it to 
be readily ascertained. If there shall be more than one house at the number 
given by the applicant as his place of residence, state in which house he resides, 
and if there be more than one family residing in said house either the floor on 
which he resides, or the number or location of the room or rooms occupied by 
him, whether front or rear—every floor below the level of the street or ground 
being designated as the basement, the first floor above such level being designated 
as the first floor, and each floor above that as the second or such other floor as 
it may be. Under the column ‘‘name,’’ the name of the applicant, writing the sur- 
name first, and given or Christian name after in full. Under the column “‘nativity,”’ 
the state, county, kingdom, empire or dominion, as the fact stated by the applicant 
shall be. Under the column ‘‘color,’’ the word ‘‘white” or ‘‘colored,’’ as the fact 
is. Under the column ‘‘age,’’ the age of said applicant, and under the column 
“occupation,’ the occupation of said applicant. Under the subdivision of the 
general column ‘‘term of residence,’’ the periods, by days, months, or years, stated 
by the applicant in precinct, city and state. Under the column ‘“‘native,” the word 
“ves;”?’ under the column ‘“‘naturalized,’’ the word ‘“‘yes,’’ according to the fact 
stated. If the applicant be of foreign birth, and has not been naturalized, but has 
made a declaration of intention to become a citizen, then under the column 
“declaration of intention,’’ the word ‘“‘yes.’’ Under the column ‘‘qualified voter,’’ 
the word ‘‘yes’’ or ‘‘no’’ as the fact shall appear or be determined by the board 
of registry, it being, however, required of them to designate as a qualified voter 
any male person who, if otherwise qualified, shall not at the time of making 
application, be of age, provided the time when such applicant shall be of the age 
of twenty-one shall be subsequent to the date of his application, and not later 
than the day of election immediately following such time of applying, or, if 
foreign born, whose declaration of intention to become naturalized will have 
been made one year and not more than five years before such election. Under the 
column ‘date of application,’’ the month, day and year when the applicant pre- 
sented himself and was adjudged a qualified voter in the election precinct. Under 
the column “‘signature,’’ in one of the registers, the applicant shall write his 


130 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


name. If he is unable to write he shall make his mark after his name is written 
for him. And his signature shall be witnessed by one of the judges. (Ib., p. 176, 
sec. 10.) 

Sec. 255. Precinct board of registry—duties.—In the registration of voters, 
said board of registry shall proceed as follows: They shall open the registration 
office at eight a. m., and continue in session until nine p. m. on each of said days. 
One of the judges shall administer to all persons who shall personally apply to register 
the following oath, or affirmation: You do solemnly swear (or affirm) that you will 
fully and truly answer all such questions as shall be put to you touching your place 
of *residence, name, place of birth, age, occupation, your qualifications as an elector, 
and your right as such to register and vote under the laws of this state, so help 
you God. Each of said clerks of election and one of said judges of election shall 
have charge of the registry books and shall make the entries therein required by this 
article, and one of the judges shall ask the questions as to qualifications, and after 
he is through any of the judges may ask questions, one of the judges of election may, 
when necessary, relieve one of the clerks from time to time, as necessity may seem 
to demand, in making entries in said book. The name of every applicant shall be 
entered in such registry books, and all the facts shall be therein stated, as herein 
provided, whether he is entitled to vote or not. If it shall be determined by the board 
of registry that he is not a qualified voter in such precinct, then an entry shall be 
made in the appropriate column ‘“‘no,’’ and if qualified an entry shall be made in 
the same column “yes.” Unless a majority of the judges shall determine the applicant 
is a qualified voter he shall be entered as not qualified, subject to the applicant’s right 
of appeal as herein provided. Only such male persons, of the age of twenty-one 
years, residing in such precinct, aS apply personally for registration, or who qualify 
by affidavit, as provided in this article, shall be entered in such register; but every 
applicant who would be twenty-one years of age on the day of the next election, or if 
foreign-born, whose declaration of intention to become naturalized will have been 
made one year and not more than five years before such election, if otherwise 
qualified, shall be entered on such register. Every applicant who has commenced 
to reside in such precinct at least forty-seven days before such election shall be 
entered in such registry, and shall be marked “qualified” or “disqualified,” as the 
case may be; but unless on the day of election he resides in such election precinct, 
he cannot vote therein, although otherwise qualified. At the end of the day’s 
registration each of said judges shall sign his name at the end of the list on each 
page of the registration book. Any vacancy upon such board of registration on any 
day of registration by reason of absence, disqualification, refusal to act or otherwise, 
of any judge or clerk of election, shall be filled by the judge or judges present and 
the same oath shall be administered by one of the judges present to such judge or 
clerk as provided for regular judges and clerks. The judge or clerk so appointed 
shall be of the same politics as the judge or clerk he succeeds. (Laws 1908, p. 177, 
sec. 11.) 

Sec. 256. Qualifications of voters.—Every male citizen of the United States, 
and every male person of foreign birth who may have declared his intention to 
become a citizen of the United States according to law, not less than one nor more 
than five years before he offers to vote, who is over the age of twenty-one years, 
who has resided in the state one year next preceding the election at which he offers 
to vote, and during the last sixty days of the time shall have resided in the city 
where such election is held, who has not been convicted of bribery, perjury or 
other infamous crimes, or of a misdemeanor connected with the exercise of the 
right of suffrage, nor any officer, soldier or marine in the regular army or navy 
of the United States, nor while kept at any poorhouse or other asylums at public 
expense, nor while confined in any public prison shall be entitled to vote at such elec- 
tion, for all officers, state or municipal, made elective by the people, or at other 
elections held in pursuance of the laws of the state, but shall not vote elsewhere 
than in the precinct where he resides and is registered. (Ib., p. 178, sec. 12.) 


Sec. 257. Challenges—appeals.—Any voter of the precinct shall be permitted 
to be present at the place of registration in said precinct, and shall have the right 
to challenge any applicant who applies to be registered; but if the board is satisfied 
that such person is a qualified voter, he must be so registered. (Ib., p. 179, sec. 13.) 


Sec. 258. Verification lists—challenges.—The election commissioners shall 
prepare and furnish to the board of registration in each precinct, three blank-books, 
to be known as “verification lists,” each page to be ruled into columns, and contain 
pages sufficient for each street, avenue and alley in the precinct. During the progress 
of registration, or immediately thereafter, the clerks of said board shall transfer all 
the names upon the register to the left-hand pages of such “verification lists,” 
arranging them according to the street, avenues, alleys or courts, beginning with 
the lowest residence number, and placing them numerically, as nearly as possible, 
from the lowest up to the highest number. They shall first write the name of 
such street, avenue, alley or court at the top of the second column and then proceed 


7M 4 A STATE LAWS SPECIALLY, APPLICABLE TO ST. LOUIS. 131 


to transfer the registered names to the pages of such ‘verification lists,’ headed 
“registered names,” according to the street number as above indicated. If, during 
either day of registration, a registered voter of the ward shall come before the board 
of registry and make oath that he believes that any particular person upon such 
registry is not a qualified voter, such fact shall be noted; and after the completion 
of such “verification lists,’ such board or one of said judges, shall make a cross 
or check mark in ink opposite such name upon each of said “verification lists.” If 
such judges shall, however, know that any person so complained of is a qualified 
voter, and shall believe that such complaint was only made to vex and harass such 
qualified voter, then such cross or checked mark shall not be put upon such lists. 
The board of registration shall return the two registers to the office of the board 
of election commissioners not later than 8 p. m. of the day following the fourth 
day of registration. The three verification lists shall be given to said clerks at the 
close of the last day of registration. (Ib., sec. 14.) 


Sec. 259. Precinct canvassers—duties.—The clerks of election are hereby 
constituted canvassers of the precincts for which they are appointed, and upon the 
Friday and Saturday of the seventh week prior to said election, if so much time 
shall be required, said two clerks shall, each having one of said verification lists, 
go together and canvass such precinct, calling at each dwelling place or each house 
where any one may reside in such precinct, and each dwelling place as indicated 
upon said “verification lists,’ and if they shall find that any person upon their 
“verification lists” does not reside at the place designated thereby, they shall make 
a check-mark opposite such name. In making such canvass, such canvassers shall 
make special inquiry at the residences as designated in the registry and “verification 
lists,” as to all the persons so registered as qualified voters. Said clerks sha.l meet 
at eight o’clock in the forenoon of each day of said canvass, and proceed with such 
canvass. If either of said clerks shall fail to appear at the place designated by 
fifteen minutes after eight o’clock, on either of said days, the clerk appearing 
shall immediately notify the election commissioners of said failure to appear, and 
upon such notification, or upon being otherwise so informed, the election commis- 
sioners shall immediately appoint a clerk, of the same politics, in place of the one 
absent or failing to act; and if both of said clerks fail to appear within the time 
mentioned then the board of election commissioners, upon being informed of such 
failure, shall appoint two clerks of different politics in the places of those absent 
or failing to act. 


Sec. 260. Notice to be sent those whose residence cannot be located.—Upon 
the completion of said canvass, said canvassers, or one of them, shall sign a notice 
and send the same through the mail, duly stamped, to the address given upon the 
registry and “verification lists’ of all persons named therein against whose names 
they have made check-marks, indicating that tney did not reside at such place as 
before stated, and also to the address of all persons against whose names said 
registry board or judge of election has placed a check-mark in such “verification lists,” 
which shall require such person to appear before the board of registry upon the 
Friday of the fourth week prior to said election, and to show cause why his name 
should not be erased from such registry. Proper blanks and postage stamps shall 
be furnished for the purpose to said canvassers by the commissioners. A similar 
notice shall also be served by one of said canvassers, either at the time said canvass 
is being made on or before the Monday following said canvass by leaving the same 
with the party, if found, or, if he be not found, at the place designated in such 
registry and ‘“‘verification lists,’ by leaving the same at such address, if there be 
such place. Such notice, to be sent through the mail, must be mailed not latér than 
ten o’clock of said Monday morning. Upon the conclusion of said canvass, the clerks 
shall make, upon the third copy of the verification lists, the same notations as con- 
tained on the two lists used by them in making their canvass, and the three lists, 
when so checked, they shall deliver at the office of the election commissioners not 
later than eight p. m. of the Monday following their canvass. And it shall be the 
duty of said commissioners, when complaint is made to them, to investigate the 
action of such clerks or canvassers, and to cause them to be punished for such 
neglect of duty. (Laws 1904, sec. 16.) 


Sec. 261. Commissioners to print copies of verification lists—copy to be 
posted in each precinct.—The commissioners shall print, not later than Friday of 
the fifth week prior to said election, copies of said verification lists as returned to 
them by the clerks, with the various checks or cross marks thereon, and shall 
further print conspicuously on each copy a statement that all parties against whose 
names such checks or cross marks appear may be stricken from the registration 
lists unless they appear before the precinct board of revision at their session to be 
held on Friday of the fourth week prior to said election, and show cause why their 
names should not be so erased. <A printed copy of the list for each precinct shall 
be posted near the front entrance of the poling place of such precinct, or as near 
the same as practicable, not later than Saturday of said fifth week. All such notices 


132 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


provided for in this section shall be printed in plain large type in sufficient numbers 
to meet the demand, and upon application a copy of the same shall be given, free 
of charge, to any registered voter in such precinct. (Ib., sec. 17.) 

Sec. 262. Judges and clerks to revise registry, when—proceedings.—On the 
Friday of the fourth week prior to said election said board of registration, having 
first obtained from the election commissioners the books of registration and two of 
the verification lists for their election precincts, shall again meet at the place 
designated, and the said clerks of election shall meet -with them, and they shall 
remain in session from ten a. m. until ten p. m. for the sole purpose of revising 
their registry and no new names shall be added. Said canvassers, or one of them, 
shall make out a list of the names of parties checked and designated as aforesaid, 
and to whom such notice has been sent, given or left with the address, and attach 
his or their affidavit or affidavits thereto; blank forms shall be furnished, stating 
that notice was mailed to each of said parties at the places designated on such 
tists, on or prior to ten a. m. on Monday of the sixth week prior to said election, 
and that notice was also personally left on or before said hour of said day at the 
said address of each of said parties named in said list so attached, if there be any 
such address. If any person to whom such notice has been sent shall appear before 
the board of registration during said session, he shall make oath and sign an 
affidavit in substance as follows: 


“T do solemnly swear that I am a citizen of the United States (or have declared 
my intention to become a citizen of the United States on the day of ’ 
19——-, according to law), and that I have resided in the precinct of the 
ward in the city of and the county of , and in the state of 
Missouri, since the day of ; that I am not an officer, soldier or marine 
in the regular army of the United States, and that I have never been convicted 
of any felony or any misdemeanor connected with the exercise of the right of 
suffrage (or if convicted state the time of conviction, and when pardoned by the 
governor of the state).” 


This affidavit shall be signed and sworn to before one of such board of registry, 
and it shall afterward be preserved and filed in the office of said election commis- 
sioners; said board of registration snall further examine him on oath, and also 
swear such canvassers, and hear him or them upon the question, and they shall 
also have the power to send one or both of said canvassers to make further examina- 
tion and inquiry at the place claimed by such person to be his residence, and again 
examine such canvassers touching the same, and if, after such examination and 
hearing, the majority of said board are of the opinion that such person is not a 
qualified voter in such precinct, they shall mark the word “yes,” under the column 
of the registry marked ‘erase,’ and shall also draw a line in ink under his name; 
which, in case-of any registration, shall indicate that the name of such person is 
erased from the register, and shall not be entitled to vote unless his name be 
restored as herein provided. If any person to whom notice has been sent because 
his declaration of intention to become naturalized has been made more than five 
years before the next election, shall appear before said board at such session, he 
shall show in the same manner as in the case of original registration that he has 
become naturalized, otherwise his name shall be erased from the register. If any 
person, already registered, shall appear before said board at such session and make 
oath that he has removed to another place in the same precinct, said board, if they 
believe him, shall not erase his name, but shall make the correction to his residence 
in the books of registration. In making correction of entries as to residence and 
naturalization, a line should be drawn through the former entries, the proper 
entries made, and the word “corrected,’’ with the date, written in the column headed 
“remarks.” During the last hour of said session, if any person so notified to appear 
at such session shall not appear and show cause why his name should not be erased 
from such register, the same shall be erased in the manner aforesaid. Hither of said 
clerks shall have the power and right of both in the matters pertaining to such 
canvass, except that both are required to go together to make such canvass. In 
the case of temporary disability on the part of either canvasser or clerk, eltner judge 
who belongs to the same political party may appoint a temporary clerk or canvasser, 
who shall belong to the same party, and administer to him the usual oath of office, 
and he shall perform all the duties of the office until the disability of the regular 
clerk or canvasser is removed. (Ib., sec. 18.) 


Sec. 263. Voter may ask that name on registry be erased, when—appeals.— 
Any voter or voters in such precinct may make application in writing before said board 
‘of registration at the session mentioned in the next preceding section, to have any 
name upon the register of such precinct erased, which application shall be in 
‘Substance in the words and figures following: 


“(I, or we,) do hereby solemnly swear (or affirm) that (I, or we,) believe that 
is not a qualified voter in precinct of of the city of ————, and 
hence ask that his name be erased from the register of such precinct.” 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 133 


Such application shall be signed and sworn to by the applicant, and filed by 
him with said board, and returned by them to the board of election commissioners 
with the registration lists to be filed in the office of said commissioners. The person 
making such application shall give the person whose name he or they seek to 
erase due notice in writing or otherwise, at least one day before the day of said 
session. If, upon hearing the application, the board of registration conclude to 
erase the name they shall so note it on the register. (Ib., sec. 19.) 


Sec. 264. Duty of judges on hearing application.—If the judges upon hear- 
ing said application conclude that said name should not be erased from the register, 
but their conclusion is reached by the vote of less than a majority of the total num- 
ber of judges appointed for such precinct, then they shall write on the register 
opposite the name of said voter the word “challenged,” and that word shall appear 
opposite the name of such voter on the register on election day. (Ib., sec. 20.) 


Sec. 265. Judges shall sign registry—registry to be sent to commissioners— 
commissioners to proceed, how—lists public records.—At the end of the last 
session provided for, the said board of registration and said clerks shall correct 
and compare the registers and verification lists aforesaid, and make them correspond 
and agree; and said judges and clerks shall then, immediately following the last 
name on each page of the registers, sign their names so that no other name can be 
added with[out] discovery, and shall return the two registers and two verification 
lists to the possession of the election commissioners. Said commissioners small 
cause the registration lists, as so revised, to be printed, and the names thereon 
and addresses thereof arranged in the order required in the verification lists, not 
later than Friday of the first week prior to the election for which such registration 
is made. All notices provided for in this section shall be printed in plain large 
type, in sufficient numbers to meet the demand, and upon application a copy of 
the same shall be given, free of charge, to any qualified voter of said precinct. (Ib., 
sec. 21.) 

Sec. 266. Circuit court shall hear applications to be placed on registration lists,, 
when.—The circuit court of said city shall, on Friday and Saturday of the third 
week prior to such election, specially sit to hear such applications as shall be made 
to it to place any name upon the register in any particular precinct. Such applica- 
tions shall be sworn to and shall state the facts showing the applicant to be a 
qualified voter, with his residence, and that the applicant has applied to the board 
of registry in the precinct during the proper hours on one of the registration days, 
and that said board refused to place his name on such registry; or that having been 
duly registered he appeared before said board on the day appointed for revision, and 
against his consent his name was stricken from the registration list; such applica- 
tion shall be filed in said court before its opening on Tuesday of the third week 
prior to said election, and wherever such court shall be composed of more than 
one division, applications shall be assigned in regular order to the various divisions, 
as in civil cases. The court shall cause a docket of such applications to be made 
out, arranged by wards and precincts, stating the name of the person whose registra- 
tion is to be affected by such application. Such applications shall be heard sum- 
marily and evidence may be introduced for or against such application. No formal 
pleadings shall be required. Each case shall be decided at once on hearing, and the 
clerk of the court shall make a minute of the disposition of each application. If 
the court shall order any name to be placed upon the registration list, and such 
order shall not be appealed from, a minute of such order shall be certified to the 
election commissioners, who shall forthwith cause such name to be placed upon the 
proper register, and indicate that it was entered by order of the court. After 
the entry of the registration so allowed by said court (without appeal) no further 
change shall be permitted, except for the subsequent registration of absentees or 
invalids, as herein provided, when such further registration shall be made, if any, 
and the appropriate stamp prepared shall be affixed to the end of each page of names 
in each precinct registered by said board of commissioners. (Ib., sec. 22. 


Sec. 267. Appeals from circuit court.—As the circuit court decides each case, 
an order therein shall be entered not later than the Tuesday following the hearing 
of the application, and any person desiring to appeal from such order may appeal 
to the supreme court of the state, or court of appeals, according to the facts; if 
application be made therefor within two days after the entry of said order, such 
appeal shall be allowed on the giving of an appeal bond in the penalty of two 
hundred and fifty dollars, conditioned to pay the expense of such appeal in case his 
appeal be not sustained. The time for filing such appeal bond and certificate of 
evidence shall be within four days from the entry of said order, and upon presenta- 
tion to the court of a certificate containing the evidence heard at such hearing 
within said time, the court shall sign the same, and thereupon the same shall become 
part of the record in said cause. The original record in such cause shall be at once 
transferred by the clerk of said court to the court to which such appeal lies, and 
such appellate court, or if it be in vacation, any judge thereof shall proceed at 


134 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAPS 9; 


once to hear and determine the appeal, and the judgment rendered upon such hearing 
shall be at once certified to the board of election commissioners and also to the circuit 
court, and the board of election commissioners shall carry out the order made by 
said appellate court or such judge in vacation. (Ib., sec. 23.) 


Sec. 268. Registration by board or court—no protection against false regis- 
tration, etc.—No person admitted to any registry by order of any court, or by the 
[board] of election commissioners, shall be protected by such order in case he 
should be indicted for false registration or false voting. (Ib., sec. 24.) 


Sec. 269. Transfers of registered voters.—W henever any person who has been 
duly registered as a voter by the board of registration of the precinct in which 
he then resides, and whose name shall have been returned on the registration lists 
as a voter by the board of registration to the board of election commissioners, after 
the close of registration shall change his residence from one precinct in said city 
to another, or from one part of such precinct to another part thereof, before the 
day of the election for which he is registered as a voter, and shall, after making 
such change at any time on or before the Wednesday preceding such election 
apply to the board of election commissioners to have his name transferred from 
the precinct in which he is registered, or his residence changed from his former to 
his present residence in such precinct, said board shall cause him to be sworn and 
examined as to the facts of such change, and his statement shall be taken down 
in writing and signed and sworn to by him and duly certified by said board; if 
said board shall be satisfied that the applicant has changed his residence, as stated, 
and that he is -entitled to have his name transferred and his place of residence 
changed, they shall first cause his name, where he moved from his former precinct, 
to be erased from the registry thereof, and transferred to the precinct in which 
he then resides, or if he has changed his residence from one place to another in 
said precinct, they shall change his address on the register of such precinct. (1b., 
sec. 25.) 

Sec. 270. Registration of invalids and absentees.—If any person who has the 
qualifications required by this article to entitle him to register as a voter in such 
city shall be absent therefrom at a distance of more than fifty miles, or confined by 
illness or other disability to his place of residence, during all of the days appointed 
for registration prior to any election at which he desires to vote, he may file his 
application in the office of said election commissioners to have his name registered in 
the precinct in which he resides. Such application shall be verified by his affidavit 
and shall show that he has the qualifications required of a voter by this article, and 
that he was prevented by said absence, sickness or disability from appearing for 
registration before the precinct board of registry on all of said registration days, 
specifying such days and stating at what place or places he was during each of said 
days, and where registration is claimed on account of absence, the day upon which 
he returned after his absence during said days, or in case of illness or other dis- 
ability stating the first day upon which such disability was removed. If his applica- 
tion is based upon his absence, he shall file at the same time the affidavits of two 
registered voters of said precinct stating that to their knowledge he is a qualified 
voter, and setting out therein his qualifications, that he resides in said precinct, and 
that they believe in the truth of his statement in his affidavit as to his reasons 
for not appearing before said registry board on all of said days of registration, 
specifying them. Where such application is based upon a physical disability the 
affidavit of said applicant shall describe the nature of such disability as the same 
is most commonly described, and said affidavit must be accompanied by an affidavit 
of a physician duly admitted to the practice of medicine in such city, which shall 
describe such disability as the same is most commonly described, and that such 
disability continued during said registration days, specifying them, also stating the 
day on which the same was first removed. Said board shall file all affidavits made 
as aforesaid and carefully preserve the same. Any voter may make objection to 
any person being registered upon such application in the manner and form as objec- 
tions are required to be made before the registry board. The election commissioners 
shall sit specially to hear such applications on the Wednesday of the first week prior 
to said election between the hours of nine a. m. and twelve m. and between two p. m. 
and ten p. m., and if all such applications be not then determined it shall sit on the 
same hours of the next day. Said applicants shall appear in person before the 
commissioners on said Wednesday; they may be further examined by the commis- 
sioners under oath and further testimony taken in favor of or against their applica- 
tions. All cases shall be heard summarily and decided as soon as heard. If the 
board shall believe any applicant is entitled to registration according to the pro- 
visions of this section he shall be registered as a voter; otherwise his application 
shall be rejected. If registered, opposite his name on the registry shall be entered 
the word “absentee” or “invalid,” as the case may be. (Ib., sec. 26.) 


Sec. 271. Revised lists of voters—when to be completed and how posted.— 
The board of election commissioners shall cause to be printed and ready for distribu- 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 135 


tion not later than Friday of the week prior to the election, the revised registry 
lists as returned to them by the registration board at the close of revision, and 
further corrected as far as may be necessary by the judgment of the supreme court, 
court of appeals, or the circuit court, or transfers by the board of commissioners, or 
registrations of absentees or invalids as herein provided. In cases, however, where 
the order of any court shall be received, or any transfer or registration shall be 
made by the election commissioners, as herein provided, at so late a date that the 
name ordered to be registered cannot be printed upon the revised registry lists, all 
of such names so to be registered in any precinct shall be printed in a supplemental 
list, copies of which shall be given upon application to any qualified voter in such 
precinct upon demand; a copy of which shall also be given to the judges of election 
of such precincts with the ballot-box and poll books. Such revised lists shall be, 
except as corrected by the board of registration at revision, and by the orders above 
mentioned, in all respects like the registration lists above ordered to be published 
on the Friday of the fifth week before said election. (Ib., sec. 27.) 

Sec. 272. Delivery of poll-book, ballot-boxes, etc., to judges.—Said commis- 
sioners shall, on the day preceding any election, have delivered to one of said judges, 
at his residence, one of the registers of said precinct, and the key (or keys, if there 
be more than one to the ballot-box), and to a judge of the opposite political party, 
at his residence, the other of said registers, the ballot-box, poll books, verification 
lists and necessary blanks and stationery, and a sealed package of ballots. (Ib., 
sec. 28.) 

Sec. 273. Polls to be opened and closed, when—place of absent judge or 
clerk, how filled—penalty for absence or detention of ballot-box, register, etc.— 
The election polls shall be opened at six o’clock in the morning and continue open 
until seven o’clock in the afternoon of the same day, at which time they shall be 
closed. No judge or clerk shall absent himself to exceed five minutes at any one 
time until the ballots are all cast and counted, and returns made thereof. If any judge 
or clerk shall not be present after the expiration of fifteen minutes from the time 
to open the polls, or be disqualified, or refuse to act, the judge or judges present 
shall fill the place of such absent judge or clerk, or vacancy, by selecting a person 
of the same political party as the judge or clerk absent. One of the judges shall 
administer to such judge or clerk the oath required of the judge or clerk originally 
appointed, and such appointee shall perform like duties and be subject to the same 
punishment and penalties as any other judge or clerk. If any judge or clerk shall 
be fifteen minutes late, but shall present himself at the precinct for which he is 
appointed, and offer to act, at or before seven o’clock in the forenoon, he shall be 
permitted to act, and the person, if any, who has been appointed to fill his place 
shall retire but shall be entitled to one-half day’s pay provided for judges and 
clerks hereunder, and the judge or clerk appointed who has failed to be present shall 
be entitled only to receive the remaining half day’s pay; if, however, any judge 
or clerk shall not present himself at the polling place for which he is appointed to 
act at or before seven o’clock in the forenoon he shall not be permitted to act 
during that day, nor be entitled to any compensation for tnat day. (Ib., sec. 29.) 

Sec. 274. Ballot-box to be kept in public view—penalty.—Before voting 
begins the ballot-box shall be empty, and it shall be opened and shown to those 
present to be empty, and not be removed from public view from the time when 
shown to be empty until after the close of the polls. It shall be locked and the 
key delivered to one of the judges and shall not again be opened until the close 
of the polls. If any obstruction shall be, prior to or during such election, inter- 
posed so that all who desire cannot constantly see such ballot-box, it shall be the 
duty of such judges to remove such obstruction on request of any voter of the 
precinct, or on their own motion. (Ib., sec. 30.) 


Sec. 275. Poll-book, how kept.—Each of the clerks of the election shall 
keep a poll-book which contains a column headed “‘number,”’ another headed 
“residence,’’ and another headed ‘‘names of voters.” The name and street and 
number of the residence of such voter shall be entered upon each of the poll- 
books by the clerks, in regular succession, under the proper headings, and the 
number of such voter, in the order in which he voted, placed opposite the name 
in the column headed “‘number.”’ (Ib., sec. 31.) 

Sec. 276. Procedure when ballot is offered by voter—in cases of challenge.— 
One of the said judges of election shall receive the ballot from the voter, and 
shall announce his residence and name in a loud voice, and shall write on the 
back of said ballot the number of the same, in the order in which it was received, 
which number shall also be placed opposite the name of the voter in the poll- 
book, in the column headed ‘‘number,’’ and another judge shall put the vote in the 
ballot-box in the presence of the voter and the judges and clerks, and in plain view 
of the public. The judge or clerk having charge of the registry shall then, in a 
column prepared thereon, in the same line of the name of the voter, mark in ink 
or with indelible pencil ‘‘voted.” If such person so registered shall be chal- 


136 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


lenged or disqualified, the party challenging shall assign his reason therefor, and 
thereupon one of said judges shall administer to him an oath to answer questions, 
and he shall be questioned by said judge or judges touching such cause of 
challenge, and touching any other cause of his disqualification, and may also 
be questioned by the person challenging him in regard to his qualifications and 
identity, but if a majority of the judges are of the opinion that he is the person 
so registered and a qualified voter, his vote shall then be received accordingly. The 
vote of no one shall be received by said judges whose name does not appear upon 
the books of registration as a qualified voter. (Ib., sec. 32.) 


Sec. 277. Registry in force between general elections.—In any special elec- 
tion occurring in a portion of such city for the purpose of filling a vacancy occurring 
in a single office there shall not be a revision of the registry. At every election 
held in such cities between the general registration referred to, the last general 
registry shall be used, and for that purpose the board of registration shall meet on 
Thursday of the seventh week preceding such election; the canvassers shall make 
their ‘canvass on the Friday following; and the board of revision shall hold _ its 
session, for revision, on Friday of the fourth week prior to said election. Said 
sessions shall be held from eight o’clock a. m. until ten o’clock p. m. on each 
of said days, and names may be added, on the day of registration, or stricken from 
the register, on the day of revision, in the same way, upon sworn applications, 
as in the case of a general registration. There may be appeals for registration to the 
circuit court on Friday and Saturday of the third week before said election. The 
board of election commissioners shall sit to register absentees or invalids on 
Wednesday of the first week prior to said election. There shall be no publication 
of the names of judges and clerks, or of the revised lists. In all other respects the 
proceedings, forms and requirements are to be observed as provided for general 
registration. At every election held in such city between the time this act becomes 
a law and the next general registration provided for herein the registry books of 
qualified voters in such cities at the last general city or state election, and used in 
said election as the registry of qualified voters of such cities, and the registry of 
qualified voters under the various sections of this act providing for registration shall 
be the registry of qualified voters of such city used and in force for such elections. 
New books of registry shall be prepared and furnished as provided in this act by 
said election commissioners for the registration required to be made in every 
presidential year by this article; and the registry and other books no longer 
required, or used, shall be kept and preserved in the office of the election commis- 
Sioners. (Ib., sec. 33.) 


Sec. 278. Judges to be peace officers—challengers.—Said judges of election 
shall have authority to keep the peace and to cause any person to be arrested for 
any breach of the peace or for any breach of the election laws, or for any inter- 
ference with the progress of such election or of the canvass [of the] ballots, and 
it shall be the duty of all officers of the law present to obey the orders of a majority 
of such judges of election, but less than a majority of such judges shall have no 
authority and no power to give any order to any such officer. And it shall be the 
duty of the board of police commissioners of such city to instruct all police officers 
accordingly. At every registration and election, each of the political parties shall 
have a right to designate and keep a challenger at each place of registration, 
revision of registration and voting, who shall be assigned such position inside 
the polling or registration booth, as will enable him to see each person as he offers 
to register or vote, and who shall be protected, in the discharge of his duty, by 
the judges of election. And authority signed by the recognized chairman or pre- 
siding officer of the chief managing committee of a party in any such city shall 
be sufficient evidence of the right of the challenger for such party to be present 
inside the room where the ballot-box is kept. But in case the challenger does not 
or cannot produce the authority of such chairman, it shall be the duty of such 
judges of election to recognize a challenger that shall be vouched for ana presented 
to them by the persons present belonging to such political party or who shall be 
vouched for by the judge representing such party. The chairman of the managing 
committee of each political party may remove such challenger appointed by him, 
and substitute another in his place. Two persons of each political party, represented 
on the ballot, of good character and standing, shall be admitted, by the judges, into 
the polling place to be present during the canvass of the votes and the making of 
the returns, in the same manner as herein provided in regard to challengers. Such 
challengers and other persons shall be duly registered voters of the precinct in which 
they act as challengers or watchers, of good character and sober, and shall in no 
wise interfere with such canvass. (Ib., sec. 34.) 


Sec. 279. Vote to be canvassed, when.—As soon as the poll of an election 
shall be finally closed, the judges of election, in their several precincts, shall im- 
mediately, and at the same place of the election poll, proceed to canvass the votes. 
Such canvass shall not be adjourned or postponed until it shall be fully completed, 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 137 


nor until the statements herein required to be made by the judges and clerks shall 
be made out and signed by them. The judges of election shall have the right to 
station one or more police officers or other peace officers, at such entrance to the 
room where such canvass is begun or about to take place, to exclude noisy or dis- 
orderly persons, and to keep the peace. (Ib., sec. 35.) 


Sec. 280. Vote, how canvassed.—The judges of election shall first count the 
whole number of ballots in the box. If the ballots shall be found to exceed the 
number of names entered upon each of the poll-books they shall reject the ballots, if 
any, found folded inside of a ballot; and if the ballots and the poll-list do not agree 
after such rejection, they shall reject all ballots not numbered, and no ballot not so 
numbered shall be counted. The ballots so rejected shall be enclosed in an envelope 
marked “rejected ballots,’ and return[ed] with the ballot-boxes to the election com- 
missioners; and the ballots or poll-lists agreeing or being made to agree in this 
way, the board shall proceed to count the votes in the following manner: Said 
judges shall open the ballots and place those which contain the same names together, 
so that the several kinds shall be in separate piles, or on separate files. Each of the 
judges shall examine the separate files which are on, or supposed to be alike, and 
exclude from such files any which may have a name or any erasure, or in any 
manner shall be different from the other of such file. One of said judges shall 
then take one file of the kind of ballots which contain the same name and count 
them by the tens, carefully examining each name of each of said ballots. Said judge 
shall then pass the ten ballots aforesaid to other judges, who shall count them in 
the same manner, and call the names of the persons named in the ten ballots, and 
the offices for which they are designated, and the poll-clerks shall tally ten votes 
for each of such persons. When they shall have gone through such file of ballots 
containing the same names by tens in that way, and when the clerks shall have 
tallied all the votes by tens for each of said persons, they shall then take up the 
next pile of ballots containing the same names, and shall count them by tens in the 
same way, and shall call the names of the persons named in said ballots and the 
offices for which they are designated, and the clerks shall tally the vote by tens 
for each of said persons in the same manner. When the counting of each file of ballots 
which contain the same names shall be completed, the clerks shall compare their 
tallies together and ascertain the total number of ballots of that kind so canvassed, 
and when they agree upon the number, one of them shall announce it in a loud 
voice. The said judges shali then canvass the other kind of ballots which do not 
correspond, those containing names partly from one kind of ballots and partly from 
another, being those usually called “split tickets,’ and those from which the names 
of the persons proper to be voted for on such ballots had been omitted or erased, 
usually called “scratched tickets.” They shall be canvassed separately by the judges, 
and each name called out to the clerks and the office for which it is designated, and 
the clerks making tally of the same. When all ballots are canvassed in this manner, 
the clerks shall compare their tallies together, and ascetrain the total number of 
votes received by each candidate, and when they agree upon the number, one of them 
shall announce in a loud voice the number of votes received by each candidate 
on each of the kinds of ballots containing his name. (Ib., sec. 36.) 


Sec. 281. Vote on proposition canvassed, how.—Whenever any proposition 
is submitted to a vote of the people, and is printed or written upon the same ticket 
with the names of candidates for an office, the names, together with such proposi- 
tion, shall be canvassed in the following manner: All the ballots shall be first 
separated into three piles, the first pile containing all the ballots in favor of 
such proposition; the second pile containing all the ballots against such proposition; 
and the third pile containing all the ballots not mentioning such proposition, or being 
neither for nor against such proposition. Each of the judges shall then examine 
each pile and see that the separation has been properly made. Then the first pile 
shall be counted by tens and the result announced to the clerks, who shall tally 
the same by tens, and so the second pile shall be counted, announced and _ tallied, 
and likewise the third pile; and the clerks shall announce the number of votes 
for, and the number of votes against, such proposition. The ballots for or against 
any proposition submitted shall always be canvassed, counted and tallied before 
the names of candidates for any office are canvassed, counted or tallied. If the tally 
sheets and returns should contain no heading for any proposition submitted, it shall 
be the duty of the clerks to write into such tally-sheets and returns the headings 
necessary in order to keep a correct tally and to make a correct and accurate return, 
and it shall be the duty of the clerks and judges of election to make a true count 
and correct return of all votes upon any such proposition, and certify the same to 
the election commissioner, as provided herein in other cases. (Ib., sec. 37.) 


Sec. 282. Statement of result of canvass made and certified, how.—The said 
judges of election shall make two statements of the results of the canvass, one of 
which shall be written or partly written and partly printed in each of the poll- 
books used at such election. Each of these statements shall contain a caption stating 


138 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. (CRAP. 9, 


the day on which, and the number of the election precinct and the ward, and city, 
in relation to which such statement shall be made, and the time of opening and 
closing of the polls of such precinct. It shall also contain a statement showing the 
whole number of votes given for each person, designating the office for which they 
were given, which statement shall be written or partly written and partly printed 
in words at length; and in case a proposition of any kind has been submitted to a 
vote at such election, such statement shall also show the number of votes cast for 
or against such proposition, written out or partly written and partly printed in words 
at length, and at the end thereof a certificate that such statement is correct in all 
respects, which certificate and each sheet of paper forming part of the statements, 
shall be subscribed by the said judges and election clerks. If any judge or election 
clerk shall decline to sign such returns, he shall state his reason therefor, in 
writing, and a copy thereof signed by himself shall be enclosed in an envelope, 
which shall then be securely sealed, and each of the judges and each of the election 
clerks shall write his name across every fold at which the envelope, if unfastened 
could be opened. And the envelope shall be directed on the outside to the election 
commissioners. Each set of tallies shall also be signed by the election clerks and 
judges of election, and shall also be enclosed in an envelope, securely sealed and 
signed and directed on the outside of envelope to said election commissioners. On 
the outside of envelope shall be endorsed whether it contains the statement of the 
votes cast or the tallies, and for what precinct and ward. (Ib., sec. 38.) 


Sec. 283. Poll-books to be placed in ballot-box—to be sealed, how.—The 
poll-books which contain the statement of returns shall be placed in the ballot- 
box, and the ballot-box shall then be locked and the key removed; whereupon said 
judges of election shall all write their names upon a slip of paper of sufficient 
length for tne following purposes: Said slip of paper, after the signing of their 
names thereon by said judges, shall then be pasted over the keyhole of the said 
box and extending upward to the upper lid of the box ana carried for some distance 
over the top, and it shall be placed in such a way that the signatures of said judges 
shall extend across the place of the opening of the lid of the box, so that when the 
box is opened it shall tear such paper and destroy the signatures written thereon, 
and when the key shall be inserted in the keyhole it will tear the paper so pasted 
over the keyhole. Such paper shall be fastened with some adhesive material and 
so as not to permit the removal of such slip of paper without defacing it. (Ib., 
sec. 39.) 


Sec. 284. Disposition of ballots.—The judges shall fold in two folds and 
string closely upon a string or wire, all ballots counted by them, except those 
marked “defective,” or ‘‘rejected,’ unite the ends of such string or wire in a firm 
knot, enclose the ballots so strung in an envelope, on which shall be endorsed, in 
writing or print, the number of the precinct, date on which such election was held, 
and securely seal such envelope, so that it cannot be opened without breaking the 
seal, and return said ballots, together with the package containing the ballots marked 
“defective” or ‘‘objected” or “rejected,” in such sealed package or envelope to the 
election commissioners. Two of said judges of opposite politics shall immediately 
after signing the statement of the result of the canvass and tally sheets and the 
sealing of the ballot-box, go together to the office of the election commissioners and 
deliver said ballot-box and the key thereto to said election commissioners, who 
shall keep the office open until all of said ballot-boxes have been received. Im- 
mdiately upon receiving said ballot-boxes saia commissioners shall give a receipt 
therefor to said judges, and shall place them properly arranged in the order of 
precinct numbers in boxes which shall be securely locked. Said boxes shall be 
placed in a vault having a double lock, and said vault shall be locked and keys 
retained by commissioners of opposite political parties. Said election commissioners 
shall securely keep said pallot-boxes for twelve months, not opening or inspecting 
them nor allowing any one else to do so, except upon order of court in case of 
contested election, or when it shall be necessary to produce them at the trial of 
any offense committed under this article. At the end of twelve months after said 
election, said ballots shall be destroyed: Provided, that if any contest of the elec- 
tion of any officer voted for at such election, or prosecution under this article 
shall be pending at the expiration of said time, the said ballots shai not be destroyed 
until such contest or prosecution be finally determined. (Ib., sec. 40.) 


Sec. 285. Statement and tally-sheet to be delivered to commissioners, etc.— 
Another judge shall take a statement of the votes cast into his possession, sealed up 
in an envelope as aforesaid, and one of the clerks shall take a tally-sheet, sealed up 
in an envelope as aforesaid, and the judge having posséssion of statement and the 
clerk having possession of tally-sheet, shall each, before twelve o’clock of the next 
day after such election, deliver the statement and tally-sheet to the said election com- 
missioners, and take a receipt from them therefor. And it shall be the duty of 
the said election commissioners to receive the same, and keep safely under lock and 
key until ordered to be surrendered as herein provided. (Ib., sec. 41.) 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 139 


Sec. 286. Judges and clerks to be exempt from jury duty.—Every judge or 
clerk of election shall be exempt from jury duty from the day of his qualification as 
such until two years after his term of office expires if and so long as he performs 
his duty as such judge or clerk at every election held in the precinct for which he 
is appointed from the day of his qualification until his term of office expires; 
and where a judge or clerk, duly appointed by the board of election commissioners, 
has qualified and performed his duty as judge or clerk at an election, he shall be ex- 
empt from jury service until the next election, and if such second election falls within 
the term for which he is appointed and he fails to perfom his duties thereat, his ex- 
emption from jury service shall thereby cease. Any person not regularly appointed by 
the board of election commissioners, but who shall duly serve as judge or clerk at any 
election, because appointed to fill a vacancy at the polling place, shall be exempt from 
jury service for six months thereafter. It shall be the duty of the jury commissioners 
in all cities subject to this act having jury commissioners, to see that no person is 
summoned to do jury service during the time for which he is exempt, as herein pro- 
vided. And it shall be the duty of the board of election commissioners, after each 
election, to certify to the jury commissioners the names of the judges and clerks who 
served at such election. (Ib., sec. 42.) 

Sec. 287. Disposition of ballot-boxes by commissioners— (penalty for failure 
to deliver to commissioners.)—The said election commissioners, upon the receipt 
of said ballot-box and key thereto, shall note the condition of seal or stamp on said 
box, and enter the fact touching the same upon a book kept by them, together with 
the name of the judge who returns such ballot-box; he shall thereupon open said 
ballot-box and remove the poll-books containing the returns of the votes cast, and note 
upon the book their condition, and put them in a secure place under lock and key, 
to which the public, in no event, shall have access. (Ib., sec. 438.) 


Sec. 288. Abstract of votes, how made—copy to be sent to secretary of state. 
—Within eight days after the close of such election such board of election commis- 
sioners shall publicly open all the returns aforesaid and shall make abstracts of 
statements of all the votes for governor and lieutenant-governor on one sheet; all 
votes for other state officers on another sheet; all votes for presidential electors on 
another sheet; all votes for judges of the supreme court on another sheet; all votes 
for judges of the court of appeals on another sheet; all votes for members of congress 
and for senators and representatives to the general assembly on another sheet; all 
votes for county officers on another sheet; all votes for city officers on another sheet; 
all votes for any other officer on a separate and appropriate sheet; all votes for and 
all votes against any proposition which may be submitted to a vote of the people on 
another sheet. It shall be the duty of such board to canvass, add up and declare the 
result of every election held within the boundaries of such city, and transmit an ab- 
stract of the same to the secretary of state, or other proper officer, as required by 
law; and such abstracts or results, and a certified copy thereof, shal] be treated every- 
where within the state, and by all public officers, with the same force and effect as 
the abstract of votes now authorized by the laws of the state in such cases made and 
provided. (Ib., sec. 44.) 

Sec. 289. Commissioners to make out and deliver certificates of election.— 
The election commissioners shall make out a certificate of election to each person 
having the highest number of votes for the several offices voted for, including alder- 
men and members of the municipal assembly, and deliver such certificate of election 
to the person entitled to it on his application. (Ib., sec. 45.) 


Sec. 290. Procedure in case fraud in returns is suspected.—If, upon opening 
the various returns so made, there shall be anything to indicate that a change has 
been made in such returns since signing the same by the judges and clerks, or any 
fraud in any respect touching such returns, it shall then be the duty of the board to 
have all the tallies opened and examined. If there shall be any doubts as to the 
genuineness of such returns for any precinct, and as to the actual vote as originally 
returned, and the truth respecting the same remain uncertain, it shall be the duty of 
said canvassers to examine any person or persons who were present at the time of the 
proclamation so made by the judges of election in such precinct, about which any 
doubt may arise, and the board shall be permitted to place such parties or witnesses 
under oath and examine them touching the same, and it shall be their duty to cause 
such parties who were present at the time of such proclamation to come before them, 
and a subpoena may be issued by the election commissioners compelling any such 
witness to come before such board and give their evidence touching the matter; and 
it shall be the duty of said board to declare the result of the vote in any such pre- 
cinct in regard to which any question arises in the vote, in the same manner as it was 
proclaimed by the judges of election after the canvass by them in such precinct. The 
result, so declared, shall be binding and conclusive, except in case of election con- 
tests. (Ib., sec. 46.) 

Sec. 291. Compensation of commissioners, secretary and clerks—expenses 
paid by city.—In all cities not within counties such election commissioners, secre- 
tary of the board, judges and clerks of election and registration and clerks and as- 


140 STATE LAWS SPECIALLY APPLICABLE TO ST. LOU1S. [CHAP 


sistants employed by the board of election commissioners shall be paid by the city. 
The members of said board of election commissioners shall each receive a salary of 
three thousand dollars a year, and the secretary of the board a salary of two thousand 
dollars a year, all payable monthly. The assistants and clerks employed by the elec- 
tion commissioners shall each receive a salary of four dollars per day for the time 
actually employed, payable monthly. All office and other expenses incurred by said 
board of election commissioners, and all office and other expense and all costs and ex- 
penses of registration and election in such cities shall be paid out of the city treasury. 
All printing, binding, books, stationery, etc., shall be paid for in the same manner and 
contracted for by the board of election commissioners. (Ib., sec. 47.) 

Sec. 292. Compensation of judges and clerks of election, etc.—The judges 
and clerks of election and the members of boards of registration and clerks, in cities 
in this state having 300,000 inhabitants and over, shall each receive five dollars a day, 
for pay and compensation for their services. When judges or clerks of election shall 
be required to call at the election commissioners’ offices for ballot-boxes, registration 
books, or for any other purpose, on any day except on election day, they shall be al- 
lowed $2.50 for said services. Said pay and compensation of judges and clerks of 
election, boards of registration and clerks shall be paid by such city, and the munici- 
pal assembly thereof is hereby required to make the necessary appropriation for such 
payments. (Ib., sec. 48; amended Session Laws 1907, p. 112.) 

Sec. 293. Majority may act for board.—The act of a majority of such board 
of election commissioners shall in all cases arising under this article be considered 
as the act of said board of election commissioners. 

Sec. 294. Board to audit accounts.—Said board of election commissioners 
shall audit all the claims of the judges of election and of registration and all other 
claims, expenses and accounts under this article, and shall draw a warrant therefor 
upon the proper officer. (Ib., sec. 49.) ; 

Sec. 295. Repealing inconsistent acts.—Article VIII, chapter 102 of the Re- 
vised Statutes of Missouri of 1899, and all acts amendatory thereto is hereby re- 
pealed, and all acts or parts of acts inconsistent with this act, are hereby repealed, in 
so far as they are inconsistent therewith. (Ib., sec. 50.) 


ARTICLE It, 


Primary Elections (in so far only as not governed by the new primary election 
law of 1907, which latter applies to all elective offices, but not “special elections to 
fill vacancies, nor to county superintendents of schools, to city officers not elected at a 
general state election, and to town, village and school district officers*).” 


Sec. 296. Short title and application of act.—The short title of this act shall 
be the “‘Primary election law.” Except as otherwise herein provided it shall be con- 
trolling: (1) On the methods of the registration of voters in cities in this state 
which now have, or which may hereafter have, over 300,000 inhabitants according to 
the last preceding census; (2) on the conduct of primary elections in such cities; (3) 
on party conventions in such cities, or for any political subdivision thereof; (4) on 
the choice in such cities, or in any political subdivision thereof, of the members of 
political committees. (Session Acts 1901, p. 149. Primary Election Law, sec. 1—~.) 

Sec. 297. Definition and construction of act.—The terms used in this act 
shall, for the purpose of this act, have application as provided in this section, unless 
other meaning is clearly apparent from the language of the context or manifest in- 
tent. The term ‘general committee” shall apply to any committee chosen in pursu- 
ance hereof, or of the rules and regulations of a party, to represent the members of 
such party in any such city; and the term “‘committee” shall apply to any committee 
chosen in like manner to represent the members of a party in any political subdivision 
of such city. The term “convention” shall apply to any assemblage of delegates of a 
party in and for any such city, or in and for any political subdivision of such city, 
duly convened for the purposes of nominating candidates for public office, electing 
delegates to other conventions, electing members of political committees, or transacting 
any other business relating to the affairs of a party. The term “primary election” 
shall apply to any election by the members of a party duly convened in any such city, 
or in any political subdivision of such city, of delegates to a convention, or of party 
committeemen, or of candidates for public office, or to any such election upon any 
questions submitted to the vote of a party. The term “primary period” shall apply 


*The new primary law therefore in nearly all cases supersedes the primary law 
as given in this article. The provisions of said new act of 1907 were enacted too 
late to appear in this revision in numerical order, but they are set out in full herein- 
after, and designated as Article IV of this Chapter. 


The provisions of this article III, following next hereinafter, are the acts of 
1901, pages 149-165, which repealed prior inconsistent acts. (For the old law see 
Mun. Code, pages 121-123). Primaries were regulated by art. 4, ch. 102 R. S. 1899, in 
so fdr as the provisions of the article are not altered by the St. Louis primary act: 
Sieber vs. McCaffery. 108 Mo. App. 49, 56. The board acts in an administrative and not 
judicial capacity: Kalbfell vs. Wood, 193 Mo. 687. 


(7) As stated in the preceding note the application of this act is, since the enact- 
ment of the primary law of 1907, very limited. 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 141 


to the time intervening from the date of the election of state officers to the date of 
the next subsequent election of the same officers. The term “party” shall apply to any 
political organization which, at the last preceding election, polled at least 10,000 votes 
for governor, or for supreme judge if the governor was not elected at such election. No 
organization or association of citizens solely for the election of city officers shall be 
deemed a political party within the meaning of this act, and membership in any such 
organization or association shall not prevent an elector from voting and acting as a 
member of a political party. (Ib., sec. 2.) 


Sec. 298. Primary registration books to be prepared.—The election com- 
missioners in all cities in this state to which this act is applicable, shall cause to be 
prepared, within ninety days after this act shall bceome a law and be in force, original 
primary registration books to the number of two for each election precinct. Such 
registration books shall be so arranged that the names of all the electors of the elec- 
tion precinct may be inscribed therein alphaebtically; there shall be fourteen columns 
on each page; the first for the surnames of the electors; the second for the christian 
names of the electors; the third for their residence addresses; the fourth, fifth and 
sixth, for the words at the top of page, “lst official,’ “2nd official,’ “3rd official,” 
respectively, and over same the word *Democratic;” the seventh, eighth and ninth, 
for the words at the top of page, “Ist official,’ “2nd official,’ “3rd official,’ respect- 
ively, and over the same the word “Republican;” the tenth and eleventh for the word 
at the top of page “unofficial;”’ said last eight columns shall be of sufficient width to 
permit the word “voted” to be plainly written therein; the twelfth column shall be of 
sufficient width to permit the word “challenged” and date thereof to be plainly writ- 
ten therein; the thirteenth column shall have at top of page the words “oath admin- 
istered;”’ and the fourteenth column shall be of sufficient width to permit the elector 
to plainly sign his full name. (Ib., sec. 3.) 


Sec. 299. Form of registration sheet.—The form of each registration sheet 
in the primary registration books shall be as follows, viz.: 


hi AN 0 ae Fs LING Lire ek aco on 


v A A | 1! 
< Democratic | Republican S| S / 2 
é z : FTP E|P|F/alal 8 mee chi 
mn ap | mM | 
= . = Scalp Fon pach Ge fee hr | a ES a 
s e < Slo lolQlolols|s @ qo cS 
a ve = Bip l|RIBI I RI|BIl-l|= = he - 
ii z 9 hy reve ca felag ec ca Ra s = ii 
co a Sle )/f |.) es |e a 5 
2) A : F . 
ee | 
oe ae Oe Bd 1 ee ed oe 
Konak’) | 


ee eee bee) me of 8) e186 Ww ele 8 6 eS) Ree: ie) oho les is.) 6 6) 6 wl -¢ e wih ose @] e © oc) © © ef & 0) 6 616 0 e See ee oe ee fee eee 


eee eee Ue ss 6 a 6 6 e 6 sg of 6 8 0 8 we et ee ee le we She a whee ele 6 oles 6 ule eel ¢ « 


ee a See 8) Ske) ele #8 ee eee ele ve le) Bete aes) a ele |e ele bie cs) 6 ae} 6 @ of @ & oe fe.g of © oe ete. 0 © b.e Lee 6 0 6 « el] © © 6 0 6 @ 


ee ae ees Se ae ses es Ri Ps) Oe s 8) 6 40 eb hee ew wie fee «fe eels 6 Le + aie © ole wnelwv eae cence eels & eeeee | wes cee 


eee ie aig) a eee ST ee ONG iN @) Sele te. Nie eet one wh els @ fC eh ie ete fie. @ ele) @ ernfie a 04 & © @0 8) 68 6 6 le wis es“ oY «6 ee ewe 


eee tne ele ale tears ai Phe © 6 ee © 6 as 6 Le e elise ale 2.0) ¢ es is aeahes elewale « ol eee we ee swells cee see | e860 ee 


es eet b Mee se Oe) mig 6 2) os, 6) 676 ee 6 nite Vea Ln) aoe | ee eee he © wha ie whem oO, & 6 ele 6) ¢ aie 6 8 € Site te 0 6 ee 0 |. 0% 02 6s 


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ee eens Siete piel e ele es leet! £6 © © bs Mele ae mie ts eo whe « a heute) s 6 mt we wr mié eel @ ese we 60 6 6 ee le cs eee eo Ol Sw 
ee ere lens! pial wie ina leet. s ©." = 2 Sct WS Le a sie wih e ine Se ee uss) |) Sm he wm) ¢ eel sede ot 8 6 6 60.6 le se ace 6 6 8 Ome ee we 


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2 oe een Coe | sie sp 6 a 6 ew eet £ 2 Pe ee Oe 6 oe whe a eho se eo) 6:67 0 G ede @ oh eo be lee © 


re eer ee 6 6 kp gp ot * ee OR Oe ee es 8 wee See UEC UI eS wish ere lee ele 6 eheae be 0 8 8 eo le oe os 6 8 | 6 SO 6 8 


ee hs CL ay 


ere a ee a we Se Oe Bee, St OUGUR C2 Oe OO Le 66) 8ce 8 8 we 66 ete oP ee oe] ce os ele eeeseeewl «fs W emenee 


ere se) Oe 88 Ae Se Sie elk OS SS Ce eee oe ew ol Oem) Se hie eee Ott OPH ee ole ewe ee ei Rate ee ee He} se eee 


cS: 
————  — — — —  — , 
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eS 
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_——_— SS a — i 
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. 


142 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP,. 9. 


Sec. 300. Elector shall sign registration books.—When an elector shall have 
been registered as a qualified voter in any precinct in such city, either at the office 
of the election commissioners, or in any such precinct on any day of precinct regis- 
tration, his name and residence address shall be entered at the proper place by the 
election commissioners, or judges at precinct registration, in the two original pri- 
mary registration books for that precinct, and such elector shall forthwith sign his 
name in the column provided therefor. In case an elector shall be unable to sign his 
name, he shall make his mark, and the same shall be evidenced as like signatures are 
by law in sealed instruments. If an elector shall refuse to sign his name as above 
provided, his registration for primary purposes shall be deemed void, and the regis- 
tration officer, or officers, shall forthwith strike his name from such primary books 
by running a red line with pen and ink through his name. Nothing herein, how- 
ever, shall be construed to prevent such elector, being a qualified voter for other than 
primary purposes, from subsequently appearing before the proper registration officers, 
and, by complying with provisions above required, having his name duly registered 
in said primary books, and becoming an elector for primary purposes. (Ib., sec. 5.) 

See. 301. Registration provided for.—No elector shall be permitted to vote 
at any primary election unless he be a registered voter in the precinct at the time he 
offers to vote, and at the time actually resides in such precinct at the number desig- 
nated in his registration. If an elector shall be duly registered for primary purposes 
in an election precinct in such city, and shall thereafter move his residence out of 
such precinct to another precinct in the same city, said elector may, after he shall 
become a qualified voter of such last named precinct, have his primary registration 
changed to conform thereto, but if such re-registration is made at the office of the 
election commissioners, the officer making such re-registration shall forthwith strike 
the name of such elector from the primary books in which he was last before regis- 
tered by running a red line through the same with pen and ink. If such re-registra- 
tion for primary purposes be made by the judges on any day of precinct registration, 
said judges shall, over their proper signatures, certify to the re-registration of such 
elector, giving the ward, precinct and residence address from which he was last be- 
fore registered in the primary books, on blanks provided therefor, and return the same 
in sealed envelopes, with the primary books to the office of the election commissioners, 
and the election commissioners shall forthwith cause the name of such elector to be 
stricken from the primary books in which he was last before registered by running a 
red line through the same with pen and ink. If an elector shall move from one place 
in a precinct to another place in the same precinct, he must re-register in the manner 
above provided before he can vote at any primary election. (Ib., sec. 6.) 

Sec. 302. Registration suspended, when.—No primary election shall be held 
in any city in this state to which this act is applicable on any day of precinct regis- 
tration, nor within five days preceding, or following, any such day. The election com- 
missioners in any such city shall suspend all primary registration on the day of pri- 
mary election, and during the five days preceding and following the same. Any elector 
who shall register and become a qualified voter in any precinct during any suspension 
of primary registration shall have the right to subsequently register for primary pur- 
poses by complying with the provisions of this act governing primary registration. 

Sec. 803. Commissioners to attest registration books.—Within three days 
prior to any primary election held under the provisions of this act the election com- 
missioners in such city shall certify, over their own proper signatures, in each of the 
two primary registration books, in each precinct in such city, or district, in which 
such primary is held, that the primary registration books for such precinct contain 
a full, complete, and correct list, alphabetically arranged, of all the electors in said 
precinct who are registered for primary purposes, and that all of said electors were 
duly registered, and are bona fide residents of such precinct, and as such, entitled to 
vote as they verily believe, and said certificate shall be attachd to, and made a part 
of said primary registration books. (Ib., sec. 8.) 

Sec. 804. Registration books delivered to judges, when.—The original pri- 
mary registration books shall be used at all official primary elections, and shall be 
delivered by the election commissioners to the proper judges of primary election 
within twenty-four hours before the opening of the polls on each official primary: day, 
and shall be returned by the jujdges to such election commissioners forthwith, after 
the completion of the canvass and count of the votes cast at such primary. (Ib., sec. 9.) 

Sec. 305. Unofficial primary held, how.—Unofficial primary elections may be 
held by any political organization or association of citizens in any such city, and 
such organization or association shall have the right to use the primary registration . 
books thereat, by duly notifying the election commissioners of such city of their wish 
to use said books, and in all respects complying with the provisions of this act gov- 
erning the filing of delegations, and defraying the expense of such primary. (Ib., 
sec. 10.) 

Sec. 306. Wards divided into primary election districts.—The election com- 
missioners shall within thirty days after this act shall take effect and be in force, 
divide every ward in cities to which this act is applicable, into two primary election 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 143 


districts, each of whch shall consist of two contiguous districts, composed of precincts 
lying compactly together and as nearly as may be, so that each primary district shall 
contain the same number of voters registered for primary purposes. There shall be 
one polling place in each of such primary districts, which shall be designated and pro- 
vided at public expense by the election commissioners, and such polling place shall 
be, as nearly as may be, centrally located in such primary districts. Whenever the 
ward lines of any ward in such city shall be changed in any manner, said election 
commissioners shall, within thirty days after such change, again divide each of said 
wards so changed into two primary districts in the manner above provided. (lIb., 
sec. 11.) 

Sec. 307. Duties of political committees—of commissioners.—Whenever the 
general committee representing a political party in any city to which this act is appli- 
cable, or the committee representing a district in such city, shall officially call a pri- 
mary election, at which the electors belonging to such party in such city, or district, 
shall select; (1) delegates from the various wards in such city, or district, to any 
convention of such party to be held for the purpose of nominating a candidate, or can- 
didates, for public office; (2) to nominate, by direct primary vote, a candidate, or can- 
jidates, for public office; (3) to select, either by direct vote, or through delegates 
slected at such primary, the representative of the managing committee of such party 
'rom any district or ward in such city, the chairman of such committee shall certify 
und deliver to the election commissioners a statement of the conventions, committees, 
and offices for which delegates, members or candidates, as the case may be, are to be 
elected thereat, and the number of delegates to conventions apportioned among the 
various wards in such city, or district, and members of the committees to be elected 
in each ward, or district. The election commissioners shall forthwith prepare a notice 
of such official primary election, and shall publish such notice for at least three days 
prior to such primary election in at least one newspaper having a general circulation 
in the city in which such primary is held of the political faith of the party calling 
such primary. Such notice shall specify the day of such primary election, the hours 
during which it shall be held, the location of each polling place, the election precincts 
whose electors may vote at each such polling place, the name of the party whose pri- 
mary election will be held thereat, and the conventions, committees and offices for 
which delegates, members, or candidates, as the case may be, will be voted for thereat. 
Such notice shall also specify the number of delegates to which each ward in such 
city, or district, is entitled, in case a delegate convention is called. All official primary 
elections, held in pursuance of this act, shall be open from one o’clock in the after- 
noon to eight o’clock in the evening. All other primary elections, if any, shall be open 
for not less than three hours, commencing not earlier than four o’clock in the after- 
noon, and not later than eight o’clock in the evening. Notice of all unofficial primary 
elections shall be given in the same manner as in case of official primary elections, ex- 
cept that such notice shall be given by the proper party officers, and shall not be at 
public expense. Unofficial primary elections shall be held in such places in the vari- 
ous primary districts in such city, or part of city, as shall be designated by the organi- 
zation or association of citizens calling the same: Provided, however, that the election 
commissioners may, at the request of such organization or association, combine the two 
election districts in any ward and provide but one polling place therein. (Ib., sec. 
12—j.) 

Sec. 308. Forbidden to hold primaries, where.—No primary election shall be 
held in a saloon or drinking place, or in any room connected therewith, or in any 
room which is not on the first floor of the building of which it forms a part, or that is 
not directly and easily accessible to the street. The election commissioners shall post, 
and keep posted during such election at or near the entrance to the room where the 
primary election is held, so that said notice is clearly visible from the street, a con- 
spicuous notice, calling attention to the place at which the primary election is being 
held. Unofficial primary elections shall be held at the expense of the party holding 
them, and, except as herein otherwise provided, shall be subject to the rules of the 
organization or association calling the same. (Ib., sec. 13.) 

Sec. 309. Delegations filed, when—expenses, how paid.——Whenever an ofl- 
cial, or unofficial, primary election is called under the provisions of this act, the elec- 
tion commissioners shall fix a time within which delegations may be filed in their 
office, which in no case shall be less than fifteen days from the date of said call, and 
the party, committeeman, or person, filing such delegations, shall pay into the office 
of said election commissioners the sum of twenty dollars for each delegation filed to 
defray the expense of conducting such primary. Said commissioners shatl pay, or 
cause to be paid, out of the funds thus created, the judges and clerks officiating at 
such primary within ten days thereafter, and any balance of such fund remaining 
over shall be by said commissioners paid into the city treasury. No delegation shall 


(7) The mode of calling nominating conventions is prescribed by this section. 
One nominated by a convention where the election commissioners have not published 
notice of the primaries as required by this section, is not entitled to a place on the 
ticket: Sieber vs. McCaffery, 108 Mo. App. 49, 56. 


144 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. ; [CHAP LAG: 


be received and filed from any ward in such city, or district in such city, except the 
petition therefor be duly signed by each elector whose name is submitted for delegate 
therein, and the same be endorsed by at least twenty qualified electors of such ward, 
evidenced by their signatures to a petition therfor, giving their residence address, and 
such petition shall be certified to by the committeeman or person filing the same, who 
shall make oath that the same is offered bona fide, and that the delegates named 
therein, and the petitioners signing the same, are actually resident qualified voters of 
the ward for which said delegation is offered, and that all said delegates and peti- 
tioners are members of the political party whose primary is to be held under the call 
for such primary, and that no name appears on the list of delegates submitted therein, 
which appears on any other delegation filed in said ward, as he verily believes. The 
election commissioners shall not receive and file any subsequent delegation from any 
ward to be voted for at such primary which contains the name of any delegate whose 
name appears on the list in any former delegation. Whenever a delegation is filed 
from any ward under the provisions of this act the same shall not be withdrawn for 
any reason, and it shall be the duty of the election commissioners to place the same 
on the official ballot to be voted for at such primary. All changes in the personnel of 
any delegation shall be made within three days from the last day fixed for filing dele- 
gations, and shall be only made at the written request of the person whose name is to 
be withdrawn, or at the written request of a majority of the electors composing such 
delegation, and the person filing such delegation shall thereupon substitute in each 
case of withdrawal the name of some other qualified elector residing in the ward in 
which such change is made. The party, committeeman, or person, filing such delega- 
tion shall, at the time he files the same, submit to the election commissioners the 
names of three resident qualified voters of each primary district in the ward for 
which such delegation is filed, for primary election judges in such districts, together 
with the names of three resident qualiled voters of each primary district in such 
ward, for clerk and challenger. All the names thus submitted must be of electors 
belonging to the political party for which such primary is held, and must be reputa- 
ble citizens actually residing in the primary district in which they are to serve. If 
there be but two delegations filed in any ward, the election commissioners shall select 
two judges out of the list submitted for judges for each delegation, and one clerk and 
one challenger out of the list submitted therefor. If there be more than two delega- 
tions filed in any ward, the election commissioners shall select from the list submit- 
ted with each delegation, one judge, one clerk, and one challenger, to represent the 
same at such primary. The judges and clerks thus selected shall qualify before a 
member of the board of election commissioners, or the secretary of such board, in 
the manner required of judges and clerks who serve at general state elections. If 
any judge, clerk, or challenger, thus appointed and qualified, shall fail to appear at 
the poll at which he was selected to serve in any primary district, within five minutes 
after the time fixed for opening the polls thereat, the committeeman, or person who 
submitted his name, or if not present, some member of the delegation in whose be- 
half his name was submitted, shall choose another resident qualified voter in such 
district, belonging to said party, who shall qualify before one of the judges present 
in the manner provided by law in such cases at general elections, and shall serve in 
the place of such absentee. All judges and clerks who serve at primary elections un- 
der the provisions of this act shall receive as compensation therefor the sum of three 
dollars per day. (Ib., sec. 14—x.) 

Sec. 310. Proceedings when candidates for office are nominated by primary. 
—If the general committee representing a party in any city to which this act is ap- 
plicable, or the committee in any district in such city, shall determine to nominate 
a candidate, or candidates, for public office, or committeeman for said party, by direct 
vote of the electors, the chairman of said committee shall notify the election commis- 
sioners of such fact, stating what nominations are to be thus made, the date fixed for 
such primary election, and said election commissioners shall forthwith make publi- 
cation thereof as hereinbefore provided in case the call is for a delegate convention. 
All candidates submitting their names for nomination for public office at the primary 


esse 


(kz) Any twenty qualified voters (in a case arising under the act of 1897) of a 
ward, members of the party ordering the primary, may by proper petition and the 
required deposit, have the delegates’ names placed on the ballots; and when the 
delegation is duly recognized by the board it is duly nominated and each member en- 
titled to be voted for and a second petition by twenty other voters under another 
caption cannot be filed which has the same persons on its delegation, and which 
would, if recognized, give the rigut to present the names of additional clerks and 
judges to the election commissioners: Johnson vs. Jones, 82 Mo. App. 204. 


Under the same primary law in force when the above case was decided (R. S. 1899 
secs. 7146-7161) it was held that mass-meetings held for tne election of delegates 
to a congressional convention were not excluded as a lawful method, the law only 
requiring that if primaries were held, that then they be held in the manner desig- 
nated: State ex rel. vs. McCaffery, 160 Mo. 317 (holding also that it made no difference 
that a different method had first been determined on by the committee if such action 
be properly rescinded by a full quorum of the committee). 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 145 


thus called, shall file with the election commissioners within the time fixed to file 
delegations as provided in section 12 of this act, a petition duly signed by at least 
one hundred qualified electors of the city, or if from a district in such city, then at 
least twenty-five qualified electors of said district, and such petition shall state the 
full name of each candidate, his residence address, the office for which he seeks a 
nomination, and the political subdivision, city, or district, or ward in which he seeks 
such nomination. After all persons who desire to submit their names as candidates 
for nomination shall have filed their petition as above provided, the election commis- 
sioners shall apportion among such candidates, as nearly as may be, the expense of 
conducting said primary, taking into account only the sums of money necessary to 
pay the per diem of the primary judges and clerks, and all candidates thus submit- 
ting their names for nomination shall within three days after the last day fixed for 
filing their petitions, pay into the election commissioner’s office, the amount assessed 
against them as their just proportion of such expense. Said election commissioners 
shall not place the name of any candidate for nomination on the official primary bal- 
lot who shall fail to fully comply with the provisions hereof. The judges, clerks and 
challengers, who serve at such primary shall be selected by the election commission- 
ers from lists submitted by the managing committee of the party holding the same. 
(Ib., sec. 15—Z.) 

Sec. 311. Ballots.—If the call for such official primary election shall require 
nominations to be made by a delegate convention, the election commissioners shall 
prepare an official ballot on white paper of good quality, which shall contain the 
names of each delegation in any ward, grouped together, and side by side. Over 
each delegation shall be printed a caption designating the same, which in no case 
shall consist of more than three words. If the official call for such primary shall 
require candidates to be nominated by the direct vote of the electors, the election 
commissioners shall group the names of all the candidates for a given office to- 
gether, with a caption above each set of candidates, designating the office for which 
they seek nomination, and all of said separate groups of candidates shall be printed 
on white paper of good quality, and in a single column. All ballots shall be printed 
plainly in good sized type and with black ink, and all printing on such ballots shall 
be of uniform size, excepting the captions thereon. After such official ballots for 
such primary election shall have been printed, the election commissioners shall se- 
curely keep the same and deliver to the judges of each primary district within twenty- 
four hours preceding the time fixed for opening the polls at said primary, a sufficient 
number of said ballots to accommodate the electors in each primary district. Such 
ballots shall be by said election commissioners placed in the ballot-boxes, which boxes 
shall be securely locked, and the ballots and boxes shall be thus delivered to said 
judges. The judges of primary election shall not deliver to any elector, or other 
person, any of the ballots, until after the opening of the polls, and shall then deliver 
but one ballot to any elector, who shall vote the same, or return it to the judges 
before leaving their presence. In case an elector shall require a second ballot, he 
shall return the first one given him, and the same shall be by the judges openly de- 
stroyed before a second ballot shall be given him. AIll unvoted ballots, except those 
destroyed as above provided, shall be returned to the office of the election commis- 
sioners in the ballot-box not containing voted ballots, and the same shall be securely 
locked. (Ib., sec. 16.) 

Sec. 312. Registration books open to inspection.—The primary registration 
books used at primary elections shall be returned with the ballot-boxes, keys thereof, 
and the registration books, together with the affidavits, certificates and other papers 
in this act provided, and said registration books shall for thirty days thereafter, at all 
reasonable hours, Sundays and public holidays excepted, be open to the inspection of 
any citizen; and any elector who shall have voted at the primary election held by 
one party on any primary day shall not be permitted to vote at a primary election 
held by any other party during any one primary election period. (Ib., sec. 17.) 

Sec. 313. Opening of polls, and voting at official primary elections.—Subdi- 
vision 1. The election commissioners in cities to Which this act is applicable, 
shall within twenty-four hours prior to the time fixed for opening the polls at an 
official primary election, deliver to one of the judges appointed and qualified as re- 
quired in this act in each primary district, two of the ballot-boxes used at general 
state elections, together with the keys to said boxes. Such ballot-boxes shall be se- 
curely locked, and one of them shall contain the official ballots for such primary 
district, as required in section 14 of this act, and said ballot-boxes shall not be opened 
until the hour of one o’clock p. m. on the day of such official primary. At said hour 
said boxes shall be opened, and the one found not to contain the ballots as aforesaid 
shall be publicly examined, and nothing shall remain therein. After such last named 
ballot-box shall be found to be entirely empty, the same shall be closed and securely 


(7) In selecting the judges, clerks and challengers (under the last sentence of 
this section) the election commissioners do not act in a judicial capacity. and_ the 
writ of prohibition will not lie against them: Kalbfell vs. Wood, 193 Mo. 675, 687, 689. 


146 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


locked, and the ballots of all electors voting at said primary shall be deposited therein. 
The judges shall then declare the primary opened, provided all of the judges and 
clerks appointed for such primary district are present. If any judge or clerk so ap- 
pointed shall be absent, his place shall be filled as provided in section 12 of this act. 
When such vacancies, if any, shall be thus filled, the judges shall declare the primary 
opened. When any elector shall present himself to the judges, and declare his desire 
to vote, he shall announce his name, and residnce, and if he shall be found to be 
duly registered in the primary registration books in his precinct, the judges of elec- 
tion, or a member thereof, shall deliver to him, unfolded, an official ballot. Thereupon 
and before voting, the elector shall retire into one of the booths of the polling place. 
Immediately upon entering such booth, the elector shall prepare his ballot by striking 
out with indelible pencil which shall be provided by the election commissioners, all 
but one of the delegations on the official ballot. The elector may strike out any name 
on the remaining delegation, and insert in lieu thereof any name appearing on any 
delegation stricken out. If the purpose of such primary is to nominate candidates by 
direct vote of the electors, each elector, on receiving his ballot in the manner above 
provided, shall retire into one of the booths and prepare his ballot by striking out all 
names on his ballot except the names of the candidates for whom he wishes to vote, 
but such ballot, when so prepared, shall not contain the names of more than one 
candidate for a given office. The elector shall, upon leaving such booth, be permitted 
to vote by delivering to one of the judges the ballot thus by him prepared, but the 
same shall be so folded that none of the printed or written matter on the inside 
thereof shall be visible. If any elector shall be unable to read or write, he may 
publicly request one of the judges of election to enter the booth with him and assist 
in preparing his ballot, but said judges shall alternate in rendering assistance to 
electors requesting the same. The ballot thus prepared shall be folded as above pro- 
vided before it is delivered to the receiving judge. The judge to whom such ballot 
is delivered shall, unless the right of the elector offering to vote shall be challenged, 
at once and in the presence of the elector deposit the ballot in the proper ballot-box, 
and one of the judges of election shall immediately, in the presence of such elector, 
enter upon the poll-books in the proper column opposite his name the word “voted.” 
If any challenger officiating at said primary polling place, or any judge or clerk offi- 
ciating thereat, shall challenge the right of any elector to vote at such primary, the 
person making such challenge must state his grounds therefor, and one of the judges 
shall immediately, in the presence of such elector, enter in the proper column in the 
primary registration books the word “challenged,” and the date thereof. Such chal- 
lenge must be made before the ballot prepared by the elector shall have been deposited 
in the ballot-box. In case the right of an elector to vote be challenged, one of the 
judges of such primary shall forthwith put to him an oath or affirmation to answer 
truly such questions as shall be put to him, and he shall be allowed to vote if, and 
only if, he shall make such oath or affirmation, and shall answer in the affirmative 
each of the following questions: “Are you................ ?” (using the name which 
he has given as his name). “Do you reside at ............ , and is such your present 
and only home?” (giving the address that he has given as his residence). “Are you 
a registered and qualified voter of the election precinct in which you now reside?” 
SATO WWOUlAl ee suse ces ?” (giving the name of the party holding the primary). If 
such elector shall make oath that he will truly answer such questions, and shall 
answer in the affirmative each of the questions above given, one of the judges 
shall immediately enter, in the proper column in the primary registration books, in 
the presence of the elector, the words “oath administered,’ and the ballot of such 
elector shall then be received and deposited in the ballot-box: Provided, however, 
that any challenger, judge, or clerk, making challenge of the right of such elector to 
vote may require a further identification of such elector by comparison of his signa- 
ture, and-in such case the judges shall require the elector to sign his name on slips 
provided therefor made of white paper and of good quality, and the judges shall 
thereupon compare the signature thus written by such elector with the signature op- 
posite the name on which such elector offers to vote on the original primary 
election books. If the judges after making comparison shall believe that 
such challenged elector is entitled to vote, they shall receive his ballot and deposit 
the same in the proper ballot-box, and one of the judges shall immediately enter in 
the proper column in the primary registration books, in the presence of such elector, 
the word “voted.” If such elector shall fail in any way to comply with the above 
provisions he shall not be allowed to vote at such primary. Each ballot shall have 
written on the back thereof the initials of at least two of the judges before the same 
is offered to the elector, but such ballot shall not be marked for identification in any 
other way. No person shall cast more than one ballot. The judges shall declare the 
primary election closed promptly at the hour of eight o’clock p. m. on such primary 
day. 


Subdivision 2. From the time of the opening of the polls until the result of 
the canvass of the votes cast thereat shall have been announced, and the official state- 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 147 


ment of such canvass shall have been duly signed, the ballot-box and all ballots shall 
be kept within the polling place. No person shall be admitted within the polling 
place during such period, excepting primary election judges and clerks, and duly 
authorized watchers or challengers, except persons duly admitted for the purpose of 
voting, officers admitted by the judges to preserve order or enforce the law, and per- 
sons admitted under the provisions of subdivision 3 next following. 

Subdivision 3. Watchers, not exceeding one for each election district, may 
be appointed by any political committee, and by two or more persons whose names 
are upon any delegation or ticket to be voted for at such primary election by direct 
vote. Such watchers may be present at such polling place and within the same from 
at least fifteen minutes before the opening and examination of the ballot-boxs at the 
opening of the polls at such primary election until such primary is declared open by 
the judges; said watchers shall then retire from the polling place, but shall have free 
communication with the challengers therein, and when the polls are declared closed by 
the judges said watchers may re-enter the polling place and there remain until after 
the announcement of the result of the canvass of the votes cast thereat and the 
signing of the statement thereof by the judges. Electioneering shall not be allowed 
within any polling place, nor shall it be allowed within fifty feet of the door through 
which electors desiring to vote shall enter. No police officer, or deputy sheriff, or 
other peace officer shall remain with any polling place except when called in by one 
of the judges, and then only so long as may be necessary to quell actual or threat- 
ened breaches of the peace, or enforce the law. Any candidate being voted for for 
nomination for public office at any primary may be his own watcher if he so desires. 
desires. 

Sec. 314. Canvass of votes.—Subdivision 1. As soon as the polls at any 
official primary election shall close the judges of election shall forthwith publicly 
canvass and ascertain the result thereof, and they shall not adjourn or postpone the 
canvass until it shall have been fully completed. All questions touching the validity 
of ballots or their conformity with the provisions of this act shall be determined by 
said judges. The room in which such canvass is made shall be clearly lighted, and 
such canvass shall be made in plain view of the public, and in plain view of the 
watchers representing the parties as hereinbefore provided. The judges shall proceed 
to canvass the vote by counting the total number of ballots found in the box to have 
been voted, and comparing the number of ballots so found to have been voted with 
the number of electors marked “voted” on the original primary registration books. 
They shall then proceed to count the number of votes received by all persons voted 
for by direct vote of the people for any office, and make out a statement which shall 
be signed by them showing the total number of votes cast for each such person running 
for a particular office named and shall certify the result over their own signatures 
to the election commissioners immediately after such canvass is completed. In case 
the purpose of such primary shall be to elect delegates to a political convention, said 
judges shall first verify the number of ballots voted in the ballot-box with the number 
of electors marked “voted” on the original primary registration books, and they shall 
thereafter canvass the number of votes cast for each person whose name is voted for 
at such primary for delegates to any convention, and immediately certify to the elec- 
tion commissioners over their own signatures the names of all persons voted for as 
delegates and the number of votes cast for each. If two or more ballots shall be 
found in the ballot-box so folded together as to present the appearance of a single 
ballot they shall be destroyed, if the whole number of ballots in such box exceed the 
whole number of electors marked “voted,” as shown by the registration books, and 
not otherwise. If any ballot shall be rejected as void, the reason for such rejection 
shall be written on the back thereof by one of the judges, or by the clerk of election 
at the direction of one of the judges. All ballots returned as void shall be secured 
in a separate sealed package, which shall be endorsed on the outside thereof with 
the names of the judges, the designation of the election district and the ward, and 
the number and kind of ballots contained therein. Such package shall be filed by the 
judges of election, together with the original statement of the canvass, with the elec- 
tion commissioners. 

Subdivision 2. Immediately upon the completion of such canvass the judges 
in each primary district shall make public oral proclamation of the result thereof, 
and shall make a written statement of such result for such primary district in said 
ward, and also a duplicate thereof, which shall be known as the duplicate statement. 
Immediately after the completion of such statements, the judges shall file the original 
thereof with the election commissioners, together with all ballots marked “void” as 
hereinbefore provided and shall post the duplicate statement in a conspicuous place 
in said polling place, and it shall be unlawful for any person or persons to in any way 
tear down, or remove, or deface, or displace, or destroy said duplicate statement so 
posted, for three days after the date when such primary election is held. 

Snbdivision 3. At all reasonable times any elector shall have reasonable op- 
portunity to make a transcript of such statement or any portion thereof, and any 
candidate shall be entitled to receive, upon demand, a written statement showing the 


148 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9, 


result of the primary election, so far as he is concerned, in any one or more primary 
districts in such city. After the close of the canvass of the votes at primary elections, 
the ballots cast thereat except those rejected as void, shall be placed in one of the 
ballot-boxes, which at the time shall be empty, and such ballot-boxes shall then be 
securely locked and sealed, and shall be returned to the election commissioners from 
whom such boxes were received, who shall safely keep the same; subject, however, 
to be produced upon the order of any court of record or judge thereof, for not less 
than thirty days after the primary election, when the ballots shall be removed and, 
without examination, be destroyed. 


Subdivision 4. The election commissioners shall forthwith proceed to can- 
vass the statements so filed, and shall forthwith declare the results of such primary 
election, which result shall be entered of record in the office of such commissioners 
in a book to be provided therefor, which book shall be open at all reasonable times 
to the inspection of the public. In case the purpose of said primary shall be to elect 
delegates to any political convention, the election commissioners shall issue certifi- 
cates duly signed and sealed, certifying to the election of each delegate who is en- 
titled to admission as a delegate to the convention, as shown by the results of said 
primaries, and such certificate so held by such delegate shall entitle him to a seat in 
such convention and to participate in the preliminary organization thereof. In case 
the purpose of said primary is to vote for the nomination of a candidate or candi- 
dates for public office, or for committeemen of any political party, by direct vote of 
the people, the election commissioners shall issue a certificate to the person having 
received the highest number of votes for any office in the city if such primary is 
confind to the entire city and in a district if confined to a district, and in a ward if 
confined to a ward, and such certificate so issued, signed, sealed and delivered to 
such candidate shall be prima facie evidence of his nomination for the office therein 
named. (Ib., p. 159, sec. 19.) 


Sec. 315. Judges and clerks to sign returns.—No judge or clerk of primary 
election shall, without reasonable cause, refuse to join in signing and certifying, 
with such objections as he may wish to note, the returns of any primary, or in any 
way interfere with the returning to the board of election commissioners of any bal- 
lots, books, lists, papers and boxes pertaining to such primary. (Ib., p. 161, sec. 20.) 

Sec. 316. Committees and rules and regulations of parties.—Subdivision 1. 
Each party shall have a general committee for each county to which this act is ap- 
plicable, and the city of St. Louis shall be construed as a county for the purposes of 
this act. Any party may also have committees in and for such other political sub- 
divisions of such county or cities as the rules and regulations of such party may 
prescribe. All members of general committees, including congressional, and senatorial 
district committees, chosen in and for any city or district to which this act is appli- 
cable, shall be elected biennially at the primary elections on the day of primary for 
nominating candidates, or electing delegates to delegateconvention to nominate can- 
didates for circuit judge, sheriff, and other county officers: Provided, however, that 
in all cities and counties to which this act is applicable, there may be called a pri- 
mary election prior to the first official primary day held under the provisions of this 
act, at which there may be elected members of all political committees for such cities, 
or political subdivisions thereof, which primary election shall only be called by au- 
thority of the now existing political committees of such cities. In case a primary or 
primaries shall be called for the purpose of electing such committeemen to represent 
any political party prior to first official primary day under the provisions of this act, 
such special primary election so called shall be subject to all the provisions of this 
act and shall be conducted under the provisions of this act, except the expenses 
thereof shall not be paid as herein provided for the payment of the expenses of offi- 
cial primaries. 

Subdivision 2. The ruts and regulations of parties and of the conventions 
and committees thereof shall not be contrary to or inconsistent witn the provisions 
of this act, or of any other law of this state, and shall not be amended except upon 
reasonable notice. Every political committee shall, within ten days after its organi- 
zation, file with the election commissioners a certificate specifying the names and ad- 
dresses of its chairman and secretary. If any change shall thereafter be made as to 
either of said officers, a like certificate shall be filed with said commissioners. (Ib., 
sec. 21.) 

Sec. 317. Conventions.—The delegates to every party convention in and for 
any city to which this act is applicable, or district in such city, shall be apportioned 
among the wards in such city, or district, as nearly as possible upon the basis of the 
number of votes cast therein for the party candidate for governor at the last preced- 
ing general election, or for supreme judge, if the office of governor was not filled at 
such general election. If the boundaries of any such ward or district shall have been 
changed since the last preceding general election, the party vote for governor or 
supreme judge, at such election within the limits of such newly constituted ward or 
district shall be estimated as closely as possible, and the apportionment of delegates 
shall be made in accordance with such estimate. The room designated for the meet- 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 149 


ing place of any convention shall have ample seating capacity for all delegates and 
alternates. Every convention shall be called to order by the chairman of the com- 
mittee from whom the call originates, or by a person designated in writing for the 
purpose by such chairman, and such chairman or person so designated shall have the 
custody of the roll of the convention until it shall have been organized. No conven- 
tion shall proceed to the election of a temporary chairman or transact any business 
until the time fixed for the opening thereof has arrived and at least a majority of the 
delegates named in the official rolls shall be present. The roll call upon the election 
of a temporary chairman shall not be delayed more than one hour after the time 
specified in the call for the opening of the convention: Provided, a majority of the 
delegates are present. The temporary chairman of the convention shall be chosen 
on a call of the roll. The person who calls the convention to order shall exercise no 
other function than that of calling the official roll of the delegates upon the vote for 
temporary chairman and the declaring of the result thereof. The committees of a 
convention shall be appointed by the convention, or by the temporary chairman, as 
the convention may order. Unless the convention shall otherwise order, the per- 
manent chairman shall be chosen on _ roll call. The permanent officer 
shall keep the records of the convention and within forty-eight hours 
after the adjournment thereof, shall certify and file the same in the office of the elec- 
tion commissioners. Before entering upon their duties, the temporary and permanent 
chairman of every convention, and the chairman of any committee on contested seats 
therein, shall respectively take an oath to faithfully perform the duties of their of- 
fices, which oath may be taken before any officer authorized by law to administer an 
oath, and shall form a part of, and be filed with, the records of the convention. Each 
convention shall decide all questions as to contested seats therein. (Ib., p. 162, 
sec. 22—m.) 

Sec. 318. Jurisdiction of and review by the courts.—Any action or neglect 
of the officers or members of a political convention or committee, or of any judge or 
clerk of primary election, or of any public officer, or board, with regard to the right 
of any person to participate in a primary election, convention or committee, or to 
register, or with regard to any right given to, or duly prescribed for, any elector, 
political committee, political convention, officer or board, by this act, shall be review- 
able by the appropriate remedy of mandamus or certiorari, as the case may require. 
In addition thereto, the supreme court of this state, or any justice thereof, or the 
court of appeals having jurisdiction over any city to which this act is applicable, or 
any judge of such court of appeals, or the circuit court of any such city, or any 
judge of such circuit court, shall have summary jurisdiction, upon complaint of any 
citizen, to review such action or neglect. Such complaint shall be heard upon such 
notice as the said court or justice or judge thereof shall direct. In reviewing such 
action or neglect, the court or justice or judge shall consider, but need not be con- 
trolled by any action or determination of the regularly constituted party authorities 
upon the questions arising in reference thereto, and make such decisions and order 
as, under all the facts and circumstances of the case, justly may require. For any of 
the purposes of this section, service of a writ of mandamus, certiorari, order or other 
process of such court, or justice or judge thereof, upon the chairman or secretary of 
such convention, committee or board shall b@ sufficient. (Ib., sec. 23—n.) 

Sec. 319. Optional to certain parties.—No party which, at the last preceding 
election of a governor or supreme judge, cast less than ten thousand votes for gov- 
ernor or supreme judge, shall be subject to the provisions of this act, unless, on or 
before the first day of May, in any year, such party shall elect to come in under the 
same. The evidence of such election shall be a certificate filed by the chairman and 
secretary of the state committee of such party with the election commissioners in 
each city in this state to which this act is applicable. In case such a certificate shall 
be so filed, the party on behalf of which it is filed shall be subject to the provisions 
of this act on and after the date of filing the same with said election commissioners 
and thereafter its registration, primary elections, conventions and committees shall 
proceed, in accordance therewith, until such time as a certificate of its election to be 
no longer subject to the provisions of this act shall be filed with the officers above 
mentioned. (Ib., p. 163, sec. 24.) 

Sec. 320. Crimes and punishments.—Misdemeanors at, or in connection with, 
political caucuses, primary elections, registrations, committees and conventions. Any 
person who: 


: Cm) Whether district delegates are duly accredited or not is to be ‘settled by the 
city convention: Sieber vs. McCaffery, 108 Mo. App. 49, 60. 


(n) This section (sec. 23 of act of 1901) does not authorize the circuit court by 
certiorari to direct the election commissioners and clerks to bring into court, after 
a primary election and before a certificate of election is issued, the ballots, ballot 
boxes, poll books and returns in order that the count may be made by direction of 
the court; that section does not purport to cover a contested election with either 
certiorari or mandamus, and hence neither writ is “appropriate:” State ex rel. vs. 
Reynolds, 190 Mo. 578. See section cited: Sieber vs. McCaffery, 108 Mo. ADDe Lic ca 60: 


150 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 49; 


1. At a political caucus, or at a primary election of a party, willfully votes, or 
attempts to vote without being entitled to do so or votes, or attempts to vote on any 
name other than his own, or more than once on his own name; or 

2. Votes, or attempts to vote, at a political caucus or at a primary election of a 
party, having voted at the political caucus or primary election of any other political 
party in any one primary period, or votes, or attempts to vote, at the primary election 
of a party other than the party to which he belongs; or 

3. At a political caucus, or at a primary election, for the purpose of affecting 
the result thereof, votes or attempts to vote, two or more ballots, or adds or attempts 
to add any ballot to those lawfully cast by fraudulently introducing the same into the 
ballot-box before or after the ballots therein have been counted, or who adds to or 
mixes with, or attempts to add to or mix with, the ballots lawfully cast, another ballot 
or other ballots before the votes have been counted or canvassed, or while the votes are 
being counted or canvassed; or at any time abstract any ballots lawfully cast, with 
intent to change the result of such election, or to change the count thereat, in favor 
of or against any person or persons voted for at such election, or to prevent the bal- 
lots being recounted or used in evidence; or carries away, destroys, loses, conceals, 
detains, secretes or mutilates, or attempts to carry away, destroy, conceal, detain, 
secrete or mutilate, any tally lists, ballots, ballot-boxes, registration books, certificates 
of return, or any official documents provided for by the primary election law, or 
otherwise by law, for the purpose of affecting or invalidating result of such election, 
or destroying evidence; or any manner interferes with the officers holding any pri- 
mary election or conducting the canvass of the votes cast thereat, or with voters law- 
fully exercising, or seeking to exercise, their right of voting av such primary elec- 
L101 340) Son 

4. For the purpose of being allowed to vote at a primary election as a member 
of a political party, makes and files, or makes or files, with the election judges, or 
with any other public officer, or the election commissioners, a false declaration of 
party affiliation or residence, or falsely answers any pertinent questions asked him 
by the election judges, or by any public officer, or the election commissioners; or 

5. Fraudulently or wrongfully does any act tending to affect the result of any 
election at a political caucus or of a primary election or convention; or 

6. Induces, or attempts to induce, any officer, teller, canvasser, or primary elec- 
tion judge or clerk at a political caucus or primary election or convention, to do any 
act in violation of his duty, or in violation of the election law or the primary election 
law; or 

7. Directly or indirectly, by himself or through any other person, pays or offers 
to pay, money or other valuable thing, or promises a place or position, or offers any 
other consideration or makes any other promise, to any person, to induce any voter 
or voters to vote, or refrain from voting at a political caucus, primary election, or 
convention, for or against any particular person or persons, or does or offers to do 
anything to hinder or delay any elector from taking part in or voting at a political 
caucus or at a primary election; or 

8. By menace or other unlawful or corrupt means, directly or indirectly influ- 
ences or attempts to influence the vote of any person entitled to vote at a political 
caucus, primary election or convention, or obstructs such person in voting or pre- 
vents him from voting thereat; or 

9. Directly or indirectly, by himself or through any other person, receives money 
or other valuable thing, or a promise of a place or position, before, at, or after any 
political caucus, primary election or convention, for voting or refraining from voting, 
for or against any person or for voting or refraining from voting at a political cau- 
cus, primary election or convention; or 

10. Being an officer, canvasser, primary judge or clerk at a political caucus or 
at a primary election, knowingly permits any fraudulent vote to be cast, or know- 
ingly receives and deposits in the ballot-box any ballots offered by any person not 
qualified to vote; or 

11. Being an officer, election commissioner, election judge, poll clerk, primary 
judge or clerk, knowingly registers, or attempts to register, upon any of the primary 
registration books, any person not qualified to register, or fraudulently enters there- 
upon, the name of any person, or refuses or willfully neglects to register upon any 
of the primary registration books the name of any qualified person who has demanded 
to be registered, or at any time strikes from any of the registration books the name 
of any person duly registered, or at any time adds to any of the registration books 
the name of any person not qualified to be registered, or mutilates, alters or destroys, 
any statement or declaration made by a qualified voter for the purpose of registering 
or voting; or 

12. Being an officer, canvasser, election judge, primary judge or clerk, or e:ec- 
tion commissioner, willfully omits, refuses or neglects to do any act required by the 


(o) Subdivision 3: State vs. Flynn, 119 Mo. App. 712,°723. 


ART. 3-4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 151 


primary election law, or otherwise by taw, or violates any of the provisions of the 
primary election law, or makes or attempts to make any false canvass of the ballots 
cast at a political caucus, primary election or convention, or a false statement of the 
result of a canvass of the ballots cast thereat; or 

13. Being an election commissioner, or an officer of a political committee, or of 
a. convention, who is charged with, or assumes, the duty of making up the preliminary 
roll of any convention, willfully includes in such roll the name of any person not 
certified to be elected thereto in accordance with the provisions of law, or who will- 
fully omits from such roll the name of any person who is so certified to be a delegate 
to such convention; or 

14. Who tears down, removes, defaces or destroys or displaces, or attempts to 
tear down, remove, deface or destroy, or displace the duplicate statement of the result 
of any primary election, posted up in the polling place where such primary has been 
held, in accordance with subdivision 2, of section 8 of this act; is guilty of a mis- 
demeanor, punishable by imprisonment for not more than one year, not less than six 
months, or by a fine of not more than five hundred dollars, or by both such fine and 
imprisonment. (Ib., p. 163, sec. 25.) 

Sec. 321. Inconsistent acts repealed.—aAll acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. (Ib., p. 165, sec. 26.) 


ARTICLE IV. 


Primary Election Law of March 18, 1907, (Session Laws 1907, pages 263- 
270; applicable in all cases except as indicated in section one thereof*). 


AN ACT to provide for party nominations by direct vote. 


SECTION SECTION 
1. Shall apply to what offices. 22. Vote—how canvassed. 
2. Where and when held. 23. Returns—how made. 
3. Secretary state to certify names. 24. Returns, how canvassed. 
4. County clerk to publish. 25. Who declared the nominee. 
5. Form of batl.ot. 26. Secretary of state to certify result. 
6. Nomination papers—form. 27. Secretary state to certify to county 
7. Petition for nomination. clerk. ; 
8. Qualification of signers. 28. Party committeeman—how elected— 
9. Petition shall be signed by whom. platform, how made. 
10. Basis of percentage, how determined. Tie vote to be determined by lot. 
11. Nomination papers, where filed. 30. Secretary of State to furnish forms— 
12. Duty of secretary of state. August primary day to be holiday. 
13. Notice to be published. 31. Corrupting voters—penalty. 
14. How published. 3la. Qualification of judges and clerks. 
15. Ballots to be printed. 32. Certain provisions of general election 
16. Clerk to prepare sample ballot. law to apply. : te : 
17. Costs of election—how paid. 32a. Authorizing election commissioners in 
18. Names, how arranged—manner of St. Louis. 

voting. 33. Repealing inconsistent acts. : 
19. Vacancies—how filled. 33b. Presidential electors—how nominated. 


20. Qualification of voter. 
21. Party committee to appoint chal- 
lengers. 


Be it enacted by the General Assembly of the State of Missouri, as follows: 


Section 1. Hereafter all candidates for elective offices shall be nominated by a 
primary held in accordance with this act. This act shall not apply to special elec- 
tions, to fill vacancies, nor to county superintendents of schools, to city officers not 
elected at a general state election, to town, village and school district officers. 

Sec. 2. The primary shall be held at the regular polling places in each precinct 
on the first Tuesday of August, 1908, and biennially thereafter, for the nomination 
of all candidates to be voted for at the next November election. 


Sec. 3. At least ninety days before the time of holding such August primary the 
secretary of state shall prepare and transmit to each county clerk a notice, in writing, 
designating the offices for which candidates are to be nominated at such primary. 

Sec. 4. Upon receipt of such notice, such county clerk shall, not less than ten 
days thereafter, publish so much thereof as may be applicable to his county, once 
each week, for six consecutive weeks, in at least two, and not to exceed four, news- 
papers of general circulation, published in said county. , 


Sec. 5. The name of no candidate shall be printed upon an official ballot used 
at any primary unless at least sixty days prior to such primary a nomination paper 
shall have been filed in his behalf, as provided in this act, in substantially the follow- 
ing form: 


*As to which see preceding article of this Chapter. This law of 1907 (acts 1907, 
p. 263-270, approved March 18, 1907) was enacted too late to permit of numeral 
sectionizing herein, hence is inserted as enacted. 

As to primary selection for United States Senator see acts T9074. DepaGes 


152 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


I, the undersigned, a qualified elector of the (........ precinct of the town of 
SPE eters cathe ); or (the........percinct of the. /....... ward of the city of... 7.2); coun 
OLE. Fa. Sores and state of Missouri and a member of the........ party, hereby nominate 
Phos ders , who resides’ (at: No, v.....2 270 a4 eBtreet, City Ol (at. Ys) Oe 
the ‘town of); Vs J s.8 y pin the :countyiofy. eee , aS a candidate for the office of (here 
specify the office) ........ , to be voted for at the primary, to be held on the first 


Tuesday of August, 1908, as representing the principles of said party, and I further 
declare that I intend to support the candidate named herein. 

In cities. 
Name of signer. Street No. Date of signing. 


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“Provided, that for county offices a declaration by the candidate, in which shall be 
stated the applicant’s full name and residence, the office for which he proposes as a 
candidate, and the party upon whose ticket he is to be a candidate, shall be accepted 
and filed by the proper official in lieu of all other nomination papers as required in 
this act. Said declaration to be filed in the same time and manner as is provided for 
the filing of other nomination papers in this act.” 

Sec. 6. All nomination papers “except for county offices” shall have substan- 
tially the above form written or printed at the top thereof. No signatures shall be 
counted unless they be upon sheets, each having such form written or printed at the 
top thereof. 

Sec. 7. Each signer of a nomination paper shall sign but one such paper for 
the same office, and shall declare that he intends to support the candidate named 
therein; he shall add his residence, with the street and number, if any, and the date 
of signing. 

Sec. 8. For all nominations, except state officers, all signers of each separate 
nomination paper shall reside in the same precinct. For state officers, all signers 
on each separate nomination paper shall reside in the same county. The affidavit of 
a qualified elector shall be appended to each such nomination paper, stating that he 
is personally acquainted with all persons who have signed the same, and that he 
knows them to be electors of that precinct or county, a [s] the nomination papers 
shall require; that he knows that they signed the same with full knowledge of the 
contents thereof, and that their respective residences are stated therein, and that each 
signer signed the same on the date stated opposite his name, and that he, the affiant, 
intends to support the candidate named therein. Such affidavit shall not be made 
by the candidate, but each candidate shall file with his nomination paper, or papers, 
a declaration that he will qualify as such officer, if nominated and elected. 

Sec. 9. Such nomination papers shall be signed: (a) If for a state office, by 
at least one per cent of the voters of the party of such candidate, in at least each of 
six counties in the state, and in the aggregate not less than one per cent, nor more 
than ten per cent of the total vote of his party in the state. (b) If for a repre- 
sentative in congress, by at least two per cent of the voters of his party, in at least 
one-tenth of the election precincts in each of at least one-half of the counties of the 
congressional district, and in the aggregate not less than two per cent, nor more 
than ten per cent, of the total vote of his party in such district. (c) If for an 
office representing less than a congressional district in area, by at least three per 
cent of the party vote in at least one-sixth of the election precincts of such district, 
and in the aggregate not less than three per cent, nor more than ten per cent of the 
total vote of his party in such district. Provided, that the office of representative to 


the general assembly of Missouri shall be regarded as a county office under the pro- 
visions of this act. 


Sec. 10. The basis of percentage in each case shall be the vote of the party for 
the presidential elector receiving the largest vote at the last preceding presidential 
election. But any political organization which at the last preceding general election 
was represented on the official ballot by either regular party candidates or by indi- 
vidual nominees only, may, upon complying with the provisions of this act, have a 
separate primary election ticket as a political party, if any of its candidates or indi- 
vidual nominees receive one per cent of the total vote cast at the last preceding gem 
eral election in the state, or subdivision thereof, in which the candidate seeks the 
nomination. Nomination papers may also be filed for non-partisan candidates; such 
papers shall contain at least two per cent and not more than ten per cent of the 
total vote cast at the last preceding general election in the state, or subdivision 
thereof, in which the person is a candidate, such signers to be distributed in each 
case as provided by the provisions of this act. 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 153 


Sec. 11. All nomination papers shall be filed as follows: 1. For state officers, 
representatives in congress, and those members of senate and assembly whose dis- 
tricts comprise more than one county, in the office of the secretary of state. 2. For 
officers to be voted for wholly within one county, in the office of the county clerk 
of such county. 8. When nomination papers shall be received which contain ten 
per cent of the total vote, as limited in subdivisions a, b and c of section 9 of this 
act, the clerk, with whom such papers are required to be filed, shall not receive or 
file further nomination papers for the candidate named therein. 

Sec. 12. At least fifty-five days before any primary preceding a general election, 
the secretary of state shall transmit to each county clerk a certified list containing 
the name and postoffice address of each person for whom nomination papers have 
been filed in his office, and entitlea to be voted for at such primary, together with a 
designation of the office for which he is a candidate, and the party or principle he 
represents. 

Sec. 13. Such clerk shall forthwith, upon receipt thereof, publish, under the 
proper party designation, the title of each office, the names and addresses of all 
persons for whom nomination papers have been filed, giving the name and address 
of each, the date of the primary, the hours during which the polls will be opened, and 
that the primary will be held at the regular polling places in each precinct. It shall 
be the duty of the county clerk to publish such notice for three consecutive weeks 
prior to said primary. . 

Sec. 14. Every publication required in this act shall be made in at least two, 
and not to exceed four, newspapers of general circulation in such county; one of such 
newspapers shall represent the political party that cast the largest vote in such 
county at the preceding general election, and one of such newspapers shall represent 
the political party that cast the next largest vote in such county at the preceding 
general election. In any case where the publication of notice cannot be made, as 
hereinbefore required, it may be made in anynewspaper having a general circulation 
in the county in which the notice is required to be published. 

Sec. 15. An official ballot shall be printed, and provided for use at each voting 
precinct in the form provided herein. The names of all candidates for the respective 
offices, for whom the nomination papers prescribed shall have been duly filed, shall 
be printed thereon. 

Sec. 16. At least twenty days before the August primary each county clerk shall 
prepare sample official ballots, placing thereon, alphabetically, under the appropriate 
title of each office and party designation, the names of all candidates to be voted for 
in the precinct of his county, for whom nomination papers have been filed. Such 
sample ballot shall be printed upon tinted or colored paper, and shall contain no 
blank endorsement or certificate. Such clerk shall forthwith submit the ticket of 
each party to the county chairman thereof, and mail a copy to each candidate for 
whom nomination papers have been filed with him, as required by this act, to his 
postoffice address, as given in such nomination paper, and he shall post a copy of 
each sample ballot in a conspicuous place in his office. On the tenth day before 
such primary the county clerk shall correct any errors or omissions in the ballot, 
cause the same to be printed and distributed, as required by law, in the case of 
ballots for the general election, except that the number of ballots to be furnished to 
each precinct shall be twice the number of votes cast thereat in the last preceding 
general election. 

Sec. 17. All ballots, blanks and other supplies to be used at any primary, and 
all expenses necessarily incurred in the preparation for or conducting such primary, 
shall be paid out of the treasury of the city, county or state, as the case may be, in 
the same manner, with like effect, and by the same officers as in the case of elections. 

Sec. 18. At all primaries there shall be as many separate tickets as there are 
parties entitled to participate in said primary election. There shall also be a non- 
partisan ticket, upon which under appropriate title of each office, shall be printed 
the names of all persons for whom nomination papers shall have been filed, as re- 
quired by this act, who are not designated on such nomination papers as candidates 
for any political party, as defined by this act. The names of all candidates shall be 
arranged alphabetically, according to surnames, under the appropriate title of the 
respective offices, and under the proper party designation upon the party ticket, or 
upon the non-partisan ticket, as the case may be. If any elector write upon his 
ticket the name of any person who is a candidate for the same office upon some 
other ticket than that upon which his name is so written, this ballot shall be counted 
for such person only as a candidate of the party upon whose ticket his name is writ- 
ten, and shall in no case be counted for such person as a candidate upon any other 
ticket. In case the person is nominated upon more than one ticket, he shall forth- 
with file with the proper officer, or officers, in charge of the preparation of the bal- 
lots, a written declaration, indicating the party designation under which his name is 
to be printed on the official ballot. On any day of nomination of public officers in 
any primary election precinct, each qualified elector shall be entitled to receive from 
the judges of election one ballot of the political party participating in such electioh 


154 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


for which he desires to vote. It shall be the duty of such judges of election to de- 
liver such ballot to the elector. Before delivering any ballot to the elector, the two 
judges of election having charge of the ballots shall write their names or initials 
upon the back of the ballot with indelible pencil, and no other writing shall be on the 
back of the ballot, except the number of the ballot voted. 

Sec. 19. Vacancies occurring after the holding of any primary shall be filled 
by the party committee of the district, county or state, as the case may be. 

Sec. 20. No person shall be entitled to vote at any pirmary unless a qualified 
elector of the precinct, and duly registered therein, if registration thereat be required 
by law. 

Sec. 21. The party committee of each county may appoint, in writing, over their 
signatures, two party agents at each precinct or representatives, with an alternate 
for each, who shall act as challengers for their respectfve parties, and have the power 
prescribed by law. The right of any person to vote at a primary may be challenged 
upon the same ground, and his right to vote be determined in the same manner as at 
an election. The chairman of each party committee of any county may represent his 
party at the polling booth during the canvass and return of the vote at a primary, or 
he may appoint an agent, or designate a member of his committee for that purpose. 

Sec. 22. The canvass of votes cast shall be made in the same manner and by 
the same officers as the canvass of an election. The party chairman of the county 
in a precinct canvass, of the county in a county canvass, of the state in a state can- 
vass, or some duly appointed agent to represent each party, shall be allowed to be 
present and observe the proceedings. 

Sec. 23. The precinct judges and clerks of election shall, on separate sheets, on 
blanks to be provided for that purpose, make full and accurate returns of the votes 
cast for each candidate, and shall, within twenty-four hours, cause to be delivered 
one copy of such returns as to each political party, to the county chairman of that 
party, and also cause such returns to be delivered to the county clerk: Provided 
always, that such returns shall be sent by registered mail where practicable. 

Sec. 24. The county canvass of the returns of a primary shall be made by the 
same officers, and in the manner as now provided by law, for the canvass of returns 
of a November election. The canvassers shall meet and canvass such returns at ten 
o’clock on the Friday following the primary. Their returns shall contain the whole 
number of votes cast for each candidate of each political party, and a duplicate as to 
each political party shall be delivered to the county chairman of such party. The 
canvassers shall also make an additional duplicate return in the same form, show- 
ing the votes cast for each candidate not voted for wholly within the limits of the 
county. The county clerk shall forthwith send to the secretary of state, by registered 
mail, one complete copy of all returns as to such candidates, and he shall likewise 
send to the chairman of the state central committee of each party a duplicate copy 
of the returns last described relating to such candidates of each party. 

See. 25. The person receiving the greatest number of votes at a primary as 
the candidate of a party for an office shall be the candidate of that party for such 
office, and his name as such candidate shall be placed on the official ballot at the 
following election. 

Sec. 26. As soon as the state canvass of a primary shall be certified to him, 
the secretary of state shall cause to be published a certified statement of the result 
of such primary as to candidates for state officers, and representatives in congress, 
and any other candidate whose district extends beyond the limits of a single county, 
and shall mail to the chairman of the state central ae ee of each party so much 
of such certificate as retates to his party. 

Sec. 27. Not less than fourteen days before any bNoremnber election, the secre- 
tary of state shall certify to the county clerk of each county within which any of 
the electors may vote for the candidates for such offices, the name and description 
of each person nominated for any such office as specified in the nomination papers. 

Sec. 28. At the August primary each voter may write, in the space left on his 
ticket for that purpose, the name of one qualified elector of the ward or township, 
as the case may be, for his ward or township committeeman, and the one having the 
highest number of votes in such ward and township shall be the member of the 
party committee of such county, and each county committee composed of the various 
ward and township committeemen shall meet at the county seat of such county on 
the first Friday after the said August primary and organize by the election of a 
chairman, secretary and treasurer of such committee, and the chairman so elected 
of each county committee shall, by virtue thereof, become a member of the party 
congressional, senatorial and judicial committee of the district of which his county 
is a part. Provided, that if any such congressional district shall consist wholly of 
one county, then the members of the county committee of such county shall consti- 
tute the congressional committee of such district. Such congressional committee, so 
composed of the various county chairmen of each district, shall meet at ............ 
point, in such congressional district, designated by the then chairman of the con- 


ART. 4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 155 


gressional committee, on the second Tuesday in August after such primary election, 
and, when so met, shall organize by the election of one of its members as chairman 
of such committee, and by electing a secretary and treasurer, and shall then proceed 
to name two qualified electors of such district as members of the party state com- 
mittee, which state committee, being composed of two members from each congres- 
sional district in the state, shall meet. at noon on the second Tuesday of September 
at the state capitol and organize by the election of a chairman, who shall be chair- 
man of the state committee, and by the election of a secretary and treasurer of such 
committee, and after having so organized shall meet with the party nominees for 
state officers, congressmen, state senators, representatives, and forthwith formulate 
a state platform for their party, and make public the same not later than 6 o’clock 
in the afternoon of the following day. The provisions of this section, so far as con- 
sistent, shall apply to cities that are divided into wards for election purposes, and 
when the word county is used, it shall apply to such committees by wards, so far as 
applicable. 


Sec. 29. In case of a tie vote, the tie shall forthwith be determined by lot by 
the canvassers. 


Sec. 30. It shall be the duty of the secretary of state, on or before March 1, 
1908, to prepare all forms necessary to carry out the provisions of this act, which 
forms shall be substantially followed in all primaries held in pursuance hereof. Such 
forms shall be printed with copies of this act for public use and distribution. Every. 
day on which an August primary shall be held shall be a legal holiday. 


Sec. 31. Any person who shall offer, or with knowledge of the same, permit 
any person to offer for His benefit, any bribe to a voter to induce him to sign any 
nomination paper, and any person who shall accept any such bribe or promise of gain 
of any kind in the nature of a bribe as consideration for signing the same, whether 
such bribe or promise of gain in the nature of a bribe be offered or accepted before or 
after such signing, or any candidate, who shall knowingly cause a nomination paper 
or papers, to be signed in his behalf by more than the maximum number of qualified 
electors provided for his district by this act, shall be guilty of a misdemeanor, and, 
upon trial and conviction thereof, be punished by a fine of not less than twenty-five 
nor more than five hundred dollars, or by imprisonment in the county jail of not less 
than ten days nor more than six months, or by both such fine and imprisonment. Any 
act declared an offense by the general laws of this state concerning caucuses and 
elections, shall, also, in like case, be an offense in all primaries, and shall be punished 
in the same form and manner as therein provided, and all the penalties and pro- 
visions of the law as to such caucuses and elections, except as herein otherwise pro- 
vided, shall apply in such case with equal force, and to the same extent as though 
fully set forth in this act. Any person who shall forge any name of a signer or wit- 
ness to a nomination paper shall be deemed guilty of forgery, and, on conviction, 
punished accordingly. Any person who, being in possession of nomination papers 
entitled to be filed under this act, or any act of the legislature, shall wrongfully, 
either suppress, neglect or fail to cause the same to be filed at the proper time in the 
proper office shall, on conviction, be punished by imprisonment in the county jail not 
to exceed six months, or by a fine not to exceed five hundred dollars, or by both such 
fine and imprisonment, in the discretion of the court. 


Sec. 3la. The judges and clerks for primary elections held under this act, shall 
be provided by the same appointing power, in the same manner, and possess the same 
qualifications and consist of the same number as judges and clerks of general elec- 
tions in this state: Provided, that in all counties in this state which now contain, 
or hereafter may contain, a city of not less than 100,000 inhabitants nor more than 
400,000 inhabitants, the county committee of each political party which, at the gen- 
eral election held next preceding any primary election held under the provisions of 
this act, cast at least ten per cent of all the votes cast at such election in such county, 
shall appoint three judges and one clerk for such primary election for each election 
precinct in such county outside of such city, and in all such cities the judges and 
clerks of election regularly appointed and commissioned for regular elections shall 
act as judges and clerks of all primary elections held under the provisions of this act. 


Sec. 32. The provisions of the statutes now in force in relation to the holding 
of elections, the solicitation of voters at the polls, the challenging of voters, the 
manner of conducting elections, of counting the ballots and making return thereof, 
and all other kindred subjects, shall apply to all primaries in so far as they are con- 
sistent with this act, the intent of this act being to place the primary under the 
regulation and protection of the laws now in force as to elections. 

Sec. 32a. That any duty devolved upon or power given to the county clerk by 
this act shall, in the city of St. Louis, be performed by the board of election com- 
missioners for said city, or a majority of them. 


Sec. 33. All acts or parts of acts inconsistent with, or in conflict with the pro- 
visions of this act, are hereby repealed. 


156 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 9. 


Sec. 33b. The state committee of any political party may call a convention of 
delegates to be apportioned, chosen or elected in such manner as it may prescribe, 
for the purpose of nominating presidential electors, electing delegates to national 
conventions, electing members of national committees, adopting or making such dec- 
larations of party principles with reference to national questions as may be deemed - 
advisable, and to do and to perfosm any other act not prohibited by or inconsistent 
with this law. 

Approved March 18, 1907. 


In connection with the election laws there is subjoined hereto, the act of March 
15, 1907 (Session Laws 1907, p. 262), respecting United States senators, though the 
same is not strictly included within the scope of this work. 


ELECTIONS, PRIMARY: U. S. SENATOR. 


AN ACT to provide for the selection of the caucus nominee for United States senator, 
and instructing the members of the general assembly of the state of Missouri to 
vote for said nominees. 


SECTION SECTION 
i, VGandidatesm tora as-eSenate sto: pe 4. Duty of county clerk to prepares 
voted on, when. ballot. 
2. Application to be, filed with secretary 5. Vote, how counte3. 
of state. 6. Who declared nominee. 


38. Secretary of state to certify list. 


Be it enacted by the General Assembly of the State of Missouri, as follows:: 


Section 1. At each general election held in the state of Missouri, at which a 
legislature is chosen, whose duty it shall be to elect a United States senator, accord- 
ing to the laws and Constitution of the state, the names of the candidates of each 
political party for said office of United States senator shall be placed upon the ballots 
of the political party to which the candidate belongs, of the several political parties, 
and be voted upon at said general election. 


Sec. 2. At least sixty (60) days prior to said general election each person de- 
siring to be a candidate for the office of United States senator shall file with the 
secretary of state his application, stating his full name, residence and postoffice ad- 
dress, also the political party to which he belongs, and upon whose ticket he wishes 
his name entered as a candidate. 


Sec. 3. The secretary of state shall, at least thirty (30) days prior to the gen- 
eral election, make out separate lists of the candidates for each ticket and arrange 
them in alphabetical order in relation to the surname, and certify a true copy of each 
ticket to each county clerk in the state, and to the proper officer in the city of St. 
Louis. 


Sec. 4. The county clerks and the proper officer in the city of St. Louis shall 
have these names printed upon the official ballots to be voted at such general election. 
The names shall be printed in the order as arranged by the secretary of state, and 
the list of each party’s candidates shall be placed only upon the ticket of that par- 
ticular party. The names shall be placed as aforesaid under the heading ‘‘Candidates 
for United States senator,’ and shall be placed immediately following the caption or 
heading of the ticket. Immediately underneath the heading, ‘‘Candidates for United 
States senator” shall be printed in small type, and in parenthesis, the following in- 
structions to voters: -“‘“Draw a line through all the names you do not wish to vote 
for.” The voter may scratch out all the names of candidates for the United States 
senate on one ticket and vote for some person not on any ticket, by writing said 
name underneath those scratched out, and said vote shall be counted for the person 
thus voted for; but no voter can vote on one ticket for any candidate for United 
States senator whose name Officially appears on any other ticket. 


Sec. 5. The vote for United States senator shall be counted, recorded and cer- 
tified to the same as the vote for all other officers. 


Sec. 6. The person found to have the largest number of votes, upon the ticket 
that shall have a majority on joint ballot in the joint assembly of the state legis- 
lature, at the session held next after said election, shall be declared to be the caucus 
nominee of said political party, and all members of said party in the legislature shall 
vote for said person. Likewise the caucus nominees of the other political parties shall 
be the persons receiving the highest number of votes upon their respective tickets. 

Approved March 15, 1907. 


CHAP. 10.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 157 


CHAPTER TEN. 
FIREMEN’S PENSIONS. * 


Section 322. Firemen’s pension fund authorized.—Any fire department ex- 
isting by authority of the laws of this state, or any municipal authority thereof, in 
any city in this state now having or which may hereafter acquire a population of 
more than one hundred thousand inhabitants, is hereby authorized and empowered 
to create funds for the purpose of pensioning firemen, and affording relief to 
members of such fire department when sick, or who may become disabled in the 
service, or retired, and provide for the relief of the families and other dependents 
of such firemen in case of death, under such rules and regulation as may be 
enacted by the board of trustees of such funds, subject to the provisions of this 
act, and not inconsistent with the constitution and laws of this state. (Laws 1903, 
p. 87, sec. 1.) 

Sec. 323. Honorary Members.—The board of trustees may provide for the 
admission of honorary members of the department in such manner and under such 
conditions as may be set forth in the rules and regulations enacted by said board 
of trustees. (Ib., sec. 2.) 

See, 324. Board of Trustees.—In cities, the treasurer, the counselor, the 
clerk or register, and the comptroller, where such office exists, the chief officer 
of the fire department, four delegates at large from the fire dpartment, to be elected 
by the members thereof on the first Monday of December of each year, whose 
term of office shall be for one year, and one delegate from the retired or pensioned 
list, to be elected by the retired or pensiond members on the first Monday of De- 
cember of each year, whose term of office shall be for one year, shall constitute 
and be a board to be known as the “board of trustees of the firemen’s pension 
fund.’’ The board shall select from their members a ‘president and secretary. 
mips sec. 3.) 

Sec. 325. Treasurer.—The treasurer, in all cities in this state to which this 
act is applicable, shall be ex officio treasurer of said board, and as such shall have 
charge of the funds and securities provided for herein. He shall give such bond as 
the board may require, and shall be subject to the order and direction of the board. 
mi. SOC, :4;)) 

Sec. 326. Relief fund and retirement fund—sources of revenue.—The reve- 
nues which shall form and maintain the fire department pension funds in cities to 
which this act is applicable, shall be divided as follows, viz: first, into the ‘‘relief 
fund,’’ and, second, into the ‘‘retirement fund.’’ Said funds shall be created as 
hereinafter provided, and shall be separately kept, and used only as provided in 
this act. The funds which shall be credited to and form the ‘‘relief fund”’ shall be 
realized and secured from the following sources: all moneys and securities re- 
maining in the hands or under control of any incorporated fire department pension 
fund and relief association existing in any such city at the time this act shall take 
effect, which may be transferred to said fund by authority of the members of such 
association, and all moneys which may now be under the control of any board of 
trustees of the firemen’s fund, or firemen’s pension fund, in any such city at the 
time when this act shall take effect; all moneys derived by any such city from 
the sale of all condemned stock, horses, mules, condemned hose, or other fire ap- 
paratus of every kind or description, which may be set apart to said fund by act or 
ordinance of the municipal authorities of such city; all moneys received from re- 
jected or surplus material or article of value coming into the department and dis- 
posed of and sold by the officers of any such city, which may be set apart to said 
fund by act or ordinance of the municipal authorities of such city; all moneys 
levied and collected by any court as fines for the violation of the laws in relation to 
the construction of any certain class of buildings of prohibited materials within 
the fire limits of any such city as established by law or ordinance, which may be 
set apart to said fund by act or ordinance of the municipal authorities of such 
city; all fines derived from any violation of any building law or ordinance in any 
such city, which may be set apart to said fund by act or ordinance of the municipal] 
authorities of such city; all fines and penalties that may be collected for violating 
the municipal laws or ordinances regulating the quantity, quality or storage of 
petroleum, coal oil, gasoline, turpentine, or any product thereof, all hemp, cotton, 
powder, giant powder, dynamite or other combustible or inflammable substance, 
liquid or material that is considered extremely dangerous or hazardous, which 
may be set apart to said fund by act or ordinance of the municipal authorities of such 
city; all moneys derived from licenses or privileges to store or manufacture coal 
oil, petroleum, gasoline, turpentine, powder, giant powder, dynamite, hemp, cotton, 
or other combustible or inflammable substances, liquid or material that is con- 


*This act accepted by ordinance 21467—now Rev. Code Sec. 304. The act was au- 
thorized by amendment to Constitution of Art. IV, Sec. 47. 


158 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 10; 


sidered extremely dangerous or hazardous, which may be set apart to said fund 
by act or ordinance of the municipal authorities of such city; and all moneys 
derived from any and all other sources that may by any law or ordinance of this 
state, or any municipality thereof, be set apart for the benefit of any such fire 
department pension fund in any such city in this state. 

The funds which shall be credited to and form the “retirement fund” shall be 
realized and secured from the following sources: All initiation fees and dues from 
the active and honorary members of the department; all moneys derived from citizens 
or others for services rendered by any such fire department to such citizens or others 
for pumping out cellars, filling cisterns, removing dangerous walls, buildings or other 
obstructions that are injurious or dangerous to the inhabitants of any such city, and 
the emoluments from all such other work as may be permitted by any such city to be 
performed by the department outside of its legitimate and proper duty; all fines and 
penalties imposed upon any members of the department for any dereliction of duty, 
or for violation of any rule or order or regulation of the department, after any such 
rule, order or regulation has been properly promulgated and made known to the de- 
partment—such fine or penalty shall not exceed fifty dollars, or be less than five dol- 
lars, for any one offense; all donations received by the chief or any other officer of 
the department from any citizen or other person or corporation for and in the name 
of the department; and all moneys derived from lectures, picnics and other enter- 
tainments authorized by the department. (Ib., sec. 5.) 

Sec. 827. Same—Municipal revenue.—The municipal authorities in cities in 
this state to which this act is applicable, may, by act or ordinance, set apart not ex- 
ceeding one per centum of all revenues received for municipal purposes by such cities 
from licenses issued by such cities, as a fund for the pensioning of crippled and dis- 
abled members of the fire department, and of the widows and orphans of deceased 
members of the fire department of such cities, which moneys shall be credited to said 
“relier Lund. = “Cid. p: 76 8,.86c. 0.) 

Sec. 328. Certain money for retirement fund.—All rewards in money, fees, 
gifts and endowments that may be paid or given for or on account of extraordinary 
services by said fire department, or any member thereof, except when permitted by 
order of the board to be retained by said member, may be paid into said “‘retirement 
fund,’ and the said board of trustees may take by gift, grant, devise or bequest any 
money, real estate, personal property, right of property or other valuable thing, and 
and same shall be treated as a part of and for the use of said ‘‘retirement fund:’’ 
Provided, however, the principal of said fund shall never in the aggregate exceed 
the sum of two hundred and fifty thousand dollars. (Ib., p. 88, sec. 7.) 

Sec. 329. Powers of board of trustees.—The board of trustees of the fire- 
men’s funds shall have exclusive control and management of the separate funds men- 
tioned in this act, and of all the moneys donated, paid or assessed, for the relief or 
pensioning: of crippled, disabled or retired members of the fire department, and their 
widows, minor children and dependents. Said board shall make all needful rules and 
regulations for its government in the discharge of its duties, and shall hear and decide 
all applications for relief or pensions under this act, and its decision on such applica- 
tions shall be final and conclusive and not subject to review and reversal except by 
the board, and a record shall be kept of all the meetings and proceedings of the board. 
(Ib., p. 89, sec. 8.) 

Sec. 330. Transfer from retirement to relief fund, etc.—The moneys and 
securities credited to the “relief fund” under the provisions of this act shall in no 
case be transferred to or become a part of the “retirement fund,” or used in whole or 
in part for the purposes for which the latter fund is created; but the board of trustees 
shall have the power, for the purpose of equalizing the demands against said funds, 
to transfer any part of the moneys credited to said “retirement fund” to the former 
fund, and such moneys shall thereafter become a part of the same. (Ib., sec. 9.) 

Sec. 331. Assessment of members.—The board of trustees may assess each 
member of the fire department such sum per month as may be determined by the rules 
and regulations adopted by the board, and such assessment shall not be increased or 
diminished during any one fiscal year, the sums so assessed to be deducted and with- 
held from the monthly pay of each member, and the same to be placed by the treas- 
urer of the board to the credit of the “relief fund.” (Ib., sec. 10.) 


Sec. 332. Investment.—Said board of trustees shall have power to draw such 
funds as are credited to the “relief fund” under the provisions of this act from the 
treasury of such city, and may invest the same, or any part thereof in the name of 
the “board of trustees of the firemen’s pension fund,” in interest-bearing bonds, of the 
United States or the state of Missouri, or of any county, township or municipal cor- 
poration of the state, or loan the same on real estate in the city where such pension 
funds are established, not exceeding in amount in any case two-thirds of the assessed 
tax-paying valuation of such real estate; and said board shall have power to invest 
the funds credited to the “retirement fund” in like manner. All such securities shall 
hide ae with the treasurer of such city, as ex officio treasurer of such board. 

. sec. 11.) 


CHAP. 10.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 159 


Sec. 333. How loaned—interest.—Said funds shall be'loaned separately, and 
the interest received from the investment of same shall be credited to said funds re- 
spectively. (Ib., sec. 12.) 

Sec. 334. Who beneficiaries of relief fund.—If any member of the fire de- 
partment of any such city shall, while in performance of his duty, become and be 
found, upon an examination by a medical officer ordered by said board of trustees, to 
be physically or mentally permanently disabled by reason of service in such depart- 
ment, so as to render necessary his retirement from service in said fire department, 
said board of trustees shall retire such disabled member from service in such fire de- 
oartment: Provided, however, no such retirement on account of disability shal? occur 
unless said member has contracted said disability in the service of such fire depart- 
ment; and upon such retirement the said board of trustees shall order the payment 
to such disabled members of such fire department monthly, from the “relief fund,” 
such sum of money as may be determined by the rules and regulations provided for 
the management of said funds; and in case the party suffering such disability is a 
member of the volunteer department receiving no pay, the amount to be paid him 
shall be fixed by the board of trustees. (Ib., p. 89, sec. 13.) 

Sec. 335. When widows and children beneficiaries.—If any member of such 
fire department shall, while in the performance of his duty, be killed or die as the 
result of an injury received in the line of his duty, or of any disease contracted by 
reason of his occupation as fireman, or shall die from any cause whatever while 
in such service, and shall leave a widow, or child or children under the age of 
sixteen years surviving, said board of trustees shall direct the payment, from said 
“relief fund’’ monthly to such widow, while unmarried, such sum of money as may 
be determined by the rules and regulations provided for the management of said 
funds, and said board shall also direct the payment out of said ‘‘relief fund’’ for 
each child until it reaches the age of sixteen years such sum of money as may be 
determined by said rules and regulations; and in case the party suffering such disa- 
bility is a member of the volunteer department, the amount to be paid monthly to 
his widow and children aforesaid shall be fixed by said board of trustees. (Ib., 
sec. 14.) : he 

Sec. 336. Retirement fund—relatives beneficiaries of retirement fund, when 
—If any member of such fire department being single and unmarried shall, while 
in the performance of his:duty, be killed, or die as the result of an injury received, 
or shall die of any disease contracted by reason of his occupation as fireman, or 
shall die from any cause whatever while in said service, and shall leave a father or 
mother who are dependent upon him for support, or a brother or sister under the 
age of sixteen years so dependent, said board of trustees shall direct the payment 
from the ‘“‘retirement fund’’ monthly to each such dependent parent, and to each 
such dependent brother or sister under sixteen years of age, such sum of money 
as may be determined by the rules and regulations provided for the management 
of said funds. (Ib., sec. 15.) 


Sec. 337. Same—member of fire department beneficiary, when.—Any mem- 
ber of the fire department of any such city, arriving at the age of fifty years, and 
having served twenty-two years or more in such fire department, of which the last 
two years shall have been continuous, may make application to be relieved from 
such fire department and retired; and if his application is granted, or if he shall 
be discharged from such department, the said board of trustees shall order and 
direct that said person shall be paid out of the ‘‘retirement fund’? monthly such 
sum of money as may be determined by the rules and regulations provided for the 
management of said funds; and if he be a member of the volunteer fire department 
and not under pay, such amount monthly as may be fixed by the board of trustees. 
After the decease of such member, his widow, providing their marriage shall have 
occurred prior to such retirement, and his children under the age of sixteen years, 
if any, shall be paid out of the retirement fund such sum of money as may be de- 
termined by said rules and regulations. (Ib., sec. 16.) 

Sec. 338. Same—widow and children, when.—If any member of such fire de- 
partment shall die after having been retired and pensioned by reason of injuries 
sustained or disease contracted while serving as a member of the department, his 
widow, providing their marriage shall have occurred prior to such retirement, and 
children under sixteen years of age, if any, shall be paid monthly out of the ‘‘re- 
tirement fund’’ such sum of money as may be determined by the rules and regula- 
tions provided for the management of said funds. 


Sec. 339. Funds pro-rated, if insufficient.—If at any time there shall not be 
sufficient money in the funds created under the provisions of this act to pay each 
person entitled to the benefits herein provided the full amount per month pro- 
vided for in said rules and regulations, then an equal percentage of such monthly 
payments shall be paid to each beneficiary until said funds shall have been re- 
plenished so as to warrant the payment in full of each of said beneficiaries. (Ib., 
sec. 18, p. 91.) 


160 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 11-12 


Sec. 340. Treasurer’s bond—duties.—The treasurer of the board of trustees 
shall be the custodian of said pension funds, and shall secure and safely keep the 
same, subject to the control and direction of the board, and shall keep his books 
and accounts concerning said funds in such manner as may be prescribed by the 
board, and said books and accounts shall always be subject to the inspection of the 
board or any member thereof. The treasurer shall execute a bond to the city, with 
good and sufficient sureties, in such penal sum as the board shall direct, to be ap- 
proved by the board, conditioned for the faithful performance of the duties of his 
office, and that he will safely keep and well and truly account for all moneys and 
property which may come to his hands as such treasurer, and that on the expira- 
tion of his term of office he will surrender and deliver over to his successor all un- 
expended moneys, and all securities and property which may have come to his 
hands as treasurer of such funds; and said bond shall be filed in the office where 
the records of the city are kept, and may be sued on in the name of said city, to the 
use of said board or any person or persons injured by a breach thereof. (lIb., 
sec. 19.) 

Sec. 341. Warrants—when and how drawn.—lIt shall be the duty of the 
officer or officers of such city who are designated by law to draw warrants on the 
treasurer of such city, upon request, in writing, by said board of trustees, to draw 
warrants on the treasurer of such city, payable to the treasurer of such board of 
trustees, for all funds belonging to said pension funds as aforesaid. (Ib., sec. 20.) 

Sec. 342. Same.—All moneys ordered to be paid from said pension funds to 
any person or persons shall be paid by the treasurer of the board of trustees only 
upon warrants signed by the president of said board and countersigned by the sec- 
retary thereof, and no warrant shall be drawn except by order of the board, duly 
entered on the records of the proceedings of the board. (Ib., sec. 21.) 

Sec. 343. Reports of board.—The board of trustees shall make report to the 
‘ legislative body of such city of the condition of said pension funds, immediately 
after the first meeting of said board in January of each year. (Ib., sec. 22.) 

Sec. 344. Pension funds exempt from legal process for debt.—No portion of 
said pension funds shall, before or after its order of distribution by the board ot 
trustees to the persons entitled thereto, and before the actual payment thereof to 
such persons, be held, seized, taken, subjected to, or detained or levied on by virtue 
of any attachment, execution, injunction, writ interlocutory or other order or de- 
cree, or any process or proceeding whatever issued out of or by any court of this 
state for the payment or satisfaction, in whole or in part, of any debt, damages, 
claim demand or judgment against the beneficiary of said funds; but the said 
funds shall be held and distributed for the purposes of this act, and for no other 
purpose whatever. (Ib., sec. 23.) 

Sec. 345. Fire Department Association—may transfer funds to board of 
trustees.—Any fire department pension fund and relief association existing in any 
city to which this act is applicable is hereby empowered, by a majority vote of its 
members, to transfer and deliver all its property and effects, after the payment of 
all debts and liabilities then due, to the board of trustees created under this act, 
and the said board of trustees is hereby authorized to credit said property and ef- 
fects to the ‘‘relief fund’’ provided for in this act. (Ib., sec. 24.) 

Sec. 346. Funeral expenses.—Whenever an active or retired fireman shall 
die, as aforesaid, the board of trustees may appropriate from the ‘“‘retirement 
fund,’ a sum not exceeding one hundred dollars to the widow or family of such 
fireman for funeral expenses, and may expend a sum not exceeding fifty dollars, 
to be drawn from said fund, for the expenses of the attendance of the firemen at 
said funeral. 

Sec. 347. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. 


COA Lae ha ev Ne 
FLOUR, INSPECTION OF. 


Section 348. Flour inspectors may be appointed.—The chamber of commerce 
of the city of St. Louis is hereby authorized to appoint a board of flour inspectors 
for the city of St. Louis, for the purpose of inspecting flour designed for shipment, 
under such rules and regulations as it may see fit to establish, whose brands, be- 
tween buyer and seller, shall be evidence of the quality of the flour they represent, 
and which may have been subjected to said inspectors. (Laws 1857, p. 446, sec. 1. 
R. 8S. 1899, p. 2563, sec. 8.) 


CHAPTER TWELVE. 


HOLIDAYS—SATURDAY AFTERNOON. 


Section 349. Doors closed at noon.—lIt shall be the duty of the heads of de- 
partments in every county or municipal office in cities which now have or may 
hereafter have a population of 300,000 inhabitants or over, or in any county ad- 


CHAP. 13.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 161 


joining such city, having one or more deputies, assistants or clerks, to close the 
doors of said office at twelve o’clock noon on each and every Saturday in the year: 
Provided, that the person in charge or possession of said office may require such 
deputies, assistants or clerks to work whenever the necessities of the service, in his 
judgment require it; and provided further, that the provision of this section shall 
not apply to constables, fire department or police forces. (Laws 19038, p. 93, 
amending R. S. 1899, sec. 6247.) 


CHAPTER THIRTEEN. 
HOSPITAL, SOCIAL EVIL. 


Section 350. Social evil hospital, how supported.—The mayor and city coun- 
cil [municipal assembly] of the city of St. Louis shall, at the earliest day practica- 
ble, after the approval of this act, provide by ordinance for the government and 
support of the institutions known as “the Social Evil Hospital, and the House of In- 
dustry of the city of St. Louis;’’ and until provision is so made, the aforesaid in- 
stitutions shall continue under the care and control of the board of health of the 
city of St. Louis. But when such ordinance shall have been passed, the board of 
health shall turn over to the person or persons therein named the control of the 
institutions aforesaid, together with the money and property pertaining thereto, 
and derived from the so-called social evil regulation and shall account to such 
person or persons for all such moneys which may now be in their possession, or 
which may come into their possession as aforesaid. (Laws 1874, p. 384, sec. 1. 
R. S. 1899, p. 2559.) 

Sec. 351. To be held by city for what purposes.—The aforesaid hospital shall 
be held by the city for the free use of such female prostitutes and bawds belonging 
to said city of St. Louis, as may be afflicted with any venereal disease; and here- 
after no female so afflicted shall be placed in any other city hospital for treatment. 
(Laws 1874, p. 384, sec. 2. R.S. 1899, p. 2560.) 

Sec. 352. House of Industry.—The House of Industry shall be maintained by 
the said city, for the purpose of affording a home and the acquirement of some use- 
ful occupation as a means of reformation for such bawds or prostitutes in said city 
as may desire to reform and abandon their life of shame. (Laws 1874, p. 384, 
eece os) Rh, S. 1899, p. 2560.) 

Sec. 353. Appropriations to be made for support of, etc.—The said mayor and 
city council [municipal assembly] shall annually provide, by appropriation or other- 
wise, such sum as may be necessary for the support of the hospital and House of 
Industry aforesaid. (Laws 1874, p. 384, sec. 4. R.S. 1899, p. 2560.) 

Sec. 354. Duty of physician treating venereal diseases.—Hereafter every phy- 
sician in the city of St. Louis treating any person having the reputation of being a 
prostitute, or whom he has reason to suspect of so being, for any venereal disease, 
shall immediately certify the fact, with the name and residence of the patient, to 
the board.of police commissioners, and the vice-president of said board shall, at the 
discretion of the said board, thereupon issue his warrant for the confinement of 
such person in the aforesaid hospital for treatment, during the term of such sick- 
ness, unless sooner discharged by competent authority. (Laws 1874, p. 384, sec. 5. 
R. S. 1899, p. 2560.) 


162 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 14. 


CHAPTER FOURTEEN. 
HOUSE OF REFUGE.* 


Section 355. Board of managers.—The institution known as the St. Louis 
House of Refuge shall hereafter be under the control of a board of managers, to be 
appointed as soon after the 1st day of April, 1873, as practicable, which shall con- 
sist of five members, four of whom shall be appointed by the mayor, with the ad- 
vice and consent of the [municipal assembly] city council; and the mayor of the 
city shall be ex officio a member of and president of said board. (Laws 1873, p. 
353, sec. 1. R. S. 1899, p. 2553.) 

Sec. 356. Organization of board—term of office.—The board of managers so 
appointed shall organize within ten days after their appointment, by the election 
from among their members of a vice-president and secretary, and the members 
shall thereupon proceed to draw lots for their term of service; the one drawing 
ballot numbered one shall serve for one year; the one drawing ballot numbered 
two shall serve for two years; the one drawing ballot numbered three shall serve 
for three years; the one drawing ballot numbered four shall serve for four years; 
so that the term of srevice of one member of the board shall expire every year; 
vacancies occurring in the board by expiration of the term of service, resignation 
or otherwise, shall be filled. by the mayor, with the advice and consent of the 
[municipal assembly] city council; a majority of said board of managers shall con- 
stitute a quorum for the transaction of any business or the exercise of any power 
conferred upon said board. (Ib., sec. 2.) 

Sec. 357. Commitment of children, etc.—Every child found in the city of St. 
Louis in a state of want, or abandoned or improperly exposed, or grossly neglected 
by its parents or persons having its charge, and every child of any person in said 
city or county convicted of being a common prostitute, or keeper of a bawdy house 
or house of resort for prostitutes or of assignation, and every child found living in 
such house, may be committed to said house of refuge by the mayor or police justice 
of said city, or any judge of a court of record having jurisdiction within St. Louis 
county [city], upon complaint and competent proofs of the facts charged. (Ib., 
sec. 3—p.) 

Sec. 358. Parents or guardian may send children, etc.—All males under the 
age of sixteen years, and females under the age of fourteen years, shall be liable 
to commitment to the house of refuge in accordance with the provisions of the 
foregoing section; and any parent or guardian having legal power to apprentice 
any male child or ward under the age of sixteen years, or any female child or ward, 
under the age of fourteen years, who shall, in writing, by him or her signed, repre- 
sent to the board of managers of said house of refuge that such child or ward is a 
proper and fit subject for admission into said house of refuge, stating the particular 
facts which constitute such fitness, and petitioning said managers to take charge 
of said child or ward, may be examined in relation thereto by said board of man- 
agers, who are authorized to receive all such children or wards at their discretion; 


*The name of ‘‘House of Refuge’’ was by ordinance of the City of St. Louis No. 
22145° (CR. C. sec. 1785) changed to “St. Louis Industrial School.” See notation and 
reference in note to R. C. sec. 1785. Power of board of managers to arrange with pub- 
lic school authorities for education of children in House of Refuge. See Laws 1905, p. 
301, set out infra, sec. 497. 

The House of Refuge is an eleemosynary institution; its object is reformatory. Its 
design is to train its inmates to industry and to improve their morals. Such institu- 
tions are both penal and reformatory, and are well adapted for the confinement of 
juvenile culprits by separating them from the matured and hardened class of criminals. 
* %* * ‘When the house of refuge is designated as the place of confinement of a youth 
under 16 years of age under sentence for misdemeanor, it is as to him a penal institu- 
tion, etc.; per Goode, (Barclay concurring) in In re Larkowski, 94 Mo App. l. c. 631-632; 
Goode, J., holding in a concurring opinion that a law (sec. 360 infra, being sec. 6 of 
the act) permitting restraint of liberty indefinitely at the discretion of the board, “is 
wholly inconsistent with the spirit of our institution, with the rights of citizens, and 
with the Constitution itself, whch requires uniform punishment for offenses through- 
out the State and punishment of no unusual character,’ and concludes that there can 
be no lawful commitment for crime to the refuge. The majority held that prisoners 
committed for crime are entitled to one dollar per day in working out the fine, and that 
the fifty-cent law of the Court of Criminal Correction, (which had sent the youth to 
the House of Refuge) was void. 

So in State ex rel. vs. Walbridge, 69 Mo. App. 659, 1. c. 667 the court, commenting 
on Sec. 3 of the act (secs. 357 infra) observed: ‘“‘The House of Refuge, as its name sig- 
nifies, is an institution established and maintained by the City of St. Louis, under the 
sanction and authority of the State, for the benefit of the most exposed and unfortunate 
of the City’s young children, such children, if unprotected and uncared for by the City, 
as would either find an early grave from neglect, starvation or from brutal treatment, 
or surviving, would grow up in ignorance and vice. The object of this charity is two- 
fold: First, to provide a place of refuge, a home for the unfortunate and outcast 
children of the city; secondly, to provide them educational facilities and training in 
industrial pursuits.” 


ee (~) See comments on this section in State ex rel. vs. Walbridge, 69 Mo. App. 659, 


CHAP: 14.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 163 


the expenses of such child or ward before such reception shall be secured to be paid 
by the parent or guardian, unless in cases where the managers, for good cause, 
shall otherwise determine; and in all cases where such payment is ordered to be 
made by such parent or guardian, it shall be according to the rates fixed in the 
general regulations hereinafter provided for; but in no case shall any child be com- 
mitted to the house of refuge under the age of three years; and all minors com- 
mitted thereto shall be under the control of said board of managers, until dis- 
charged under the provisions of this act or under the general laws of the state. 
(Laws 18738, p. 354, sec. 4. R.S. 1899, p. 2554.) 

Sec. 359. Pardoning power of mayor, etc.—The mayor shall have authority to 
order the discharge of any inmate from the house of refuge when, in his opinion, 
an urgent reason exists for granting said discharge before the next meeting of the 
board of managers, but in all other cases applications shall be made to said board, 
which shall dispose of the same at a regular meeting. The said board may surrender 
any inmate of said house of refuge, not convicted of crime, to its parents or guard- 
ian, or if it have no parents or guardian, to the managers of any asylum within 
the county of St. Louis, or chartered protectorate, who may desire to take charge 
of the same at their own expense: Provided, Such person shall satisfy the board of 
managers as to the qualification and ability to provide for the comfort and wants 
of such child, and to care for their moral and physical welfare; and provided, 
further, that no such child shall be surrendered to or placed in such asylum or 
protectorate, the officers or managers whereof, or a majority of them, are of differ- 
ent religious tenets from those of its former parents or guardians, if such tenets 
can be ascertained; and provided also, that no such asylum or protectorate shall 
have any claim upon the city of St. Louis or upon the county of St. Louis, or upon 
any public fund whatever, for or in respect of the care or support of any such 
child, nor on account of any expense incurred on account thereof. The board shall 
meet not less than twice in each month for the auditing of bills and other business. 
(Laws 18738, p. 354, sec. 5. R.S. 1899, p. 2554.) 

Sec. 360. Commitment—transfer of males and females under certain ages to 
house of refuge.—AI1l males under sixteen years of age and females under fourteen 
years of age who shall, under existing laws of the State of Missouri or ordinance 
of the city of St. Louis, or such as may hereafter be enacted or passed, be liable 
to confinement in the work-house of St. Louis city, the county jail of St. Louis 
county, may, at the discretion of the court or magistrate giving sentence, be placed 
in said house of refuge or the state reform school, if such school shall be estab- 
lished, and when so placed in the said house of refuge, shall be under the control of 
the board of managers thereof; but no such commitment shall be made for any 
specified term, but said minor or minors may be discharged at any time under the 
provisions of the preceding section. (Laws 1873, p. 354, sec. 6. R. S. 1899, p. 
2555—4q. ) 

Sec. 361. Who to pay for children.—For each child residing in St. Louis 
county, outside of the city of St. Louis, who may be committed to said institution, 
as hereinbefore provided, by order of any court of competent jurisdiction, the 
county court of said county shall pay into the city treasury forty cents per day; and 
the superintendent of said house of refuge shall render quarterly to said county 
court a statement of the number so confined, and said court shall audit and allow 
the same. (Laws 1873, p. 355, sec. 7. R. S. 1899, p. 2555.) 

Sec. 362. Board of managers—general powers.—Said board of managers of 
said house of refuge shall have power and authority:— 

First—To make all needful contracts for said house of refuge, its officers and 
inmates, subject to such conditions as may be imposed by the city council. 

Second—To make, establish, alter and enforce all needful regulations for the 
government and control of said house of refuge, its officers and inmates. 

Third—To issue a writ directed to any sheriff, marshal or constable of the 
State of Missouri or any municipality or county thereof, for the recapture of any 
fugitive from said house of refuge; such writ shall be in the name of the State of 
Missouri, and shall be signed by the mayor or acting mayor, and shall therefore 
be of legal and valid force. 

Fourth—To make all needful by-laws for the government of said house of 
refuge. 

Fifth—To employ and appoint such officers as may be needful. 

Sizth—To apprentice any inmate of said house of refuge until the time when 
such inmate shall reach the age of eighteen years: Provided, That the maydr an 


(g) So much of this section as seeks to authorize commitment for crime, without a 
Specified term, is void, because in conflict with later controlling statutes (R. S. 1899, 
sec. 1791, 1792, 1793, 2384, 2685, 2686, etc.); nor is it within the power and authority of 
the board of managers to retain a minor for a longer term than specified in the com- 
mitment: In Larkowski, 94 Mo. App. 623, 629, 631. Judge Goode, in concurring, holds 
the entire section void as unconstitutional and void and that there can be no lawful 
commitment to the House of Refuge for crime. 


164 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [(CHAP.14. 


city council [municipal assembly] of the city of St. Louis may, from time to time, 
provide by ordinance, not inconsistent with law, for the support, control and man- 
agement of said house of refuge. (Laws 1873, p. 355, sec. 8. R S. 1899, p. 2555.) 


Sec. 363. Appropriations for support of.—The city council [municigal as- 
sembly] of the city of St. Louis shall annually appropriate a sufficient sum for the 
maintenance and to secure efficient operation ot the said house of refuge. Said 
amount shall be based on an estimate submitted by the board of managers afore- 
said to said council [assembly], and all bills presented for payment shall be signed 
by not less than two members of said board of managers, and approved by the 
mayor; and the said city council [municipal assembly] is hereby authorized to 
erect upon the following described lot of ground or parcel of land, to wit: block 
numbered eighty of the common of St. Louis, according to the survey and plat 
thereof made by Charles DeWard, such buildings and improvements, in addition 
to those now on said land, as may be suitable for a house of refuge for the con- 
finement and reform of juvenile offenders, and for this purpose, when so required 
by the board of managers, may issue the bonds of the city of St. Louis to an 
amount not exceeding fifty thousand dollars, of such style and for such time as the 
council [assembly] may direct, or otherwise provide said amount: Provided, That 
the mayor and common council [municipal assembly] of the city of St. Louis may 
provide by ordinance for the sale of the property described above, and for the 
erection, with the proceeds of such sale, and with the money provided for by this 
act, of suitable buildings at any other place in the county [city] of St. Louis. 
(Laws 1873, p. 355, sec. 9. RIS., p. 2555.) 


Sec. 364. Superintendent and matron.—A superintendent and matron may 
be appointed by said board for said house of, refuge, who shall hold their office 
during the pleasure of said board unless sooner removed by the mayor, with the 
consent of the council [assembly], and the compensation of such superintendent 
and matron may be fixed by said board, subject to the approval of the council 
[assembly]; said board may also appoint such other employes as may be neces- 
sary; said superintendent shall render to said board of managers a monthly state- 
ment of all moneys by him received and paid out on behalf of said house of refuge, 
which shall be carefully inspected by at least two members of said board; and, if 
found to be in all respects correct, the same shall be approved. Said board shall 
keep a record of their proceedings, and shall report semi-annually to the city 
council [municipal assembly] of the city of St. Louis, the fiscal affairs, manage- 
ment and condition of the said house of refuge. (Laws 1873, p. 356, sec. 10. 
R. §. 1899, p. 2556.) 


Sec. 365. House to be open to visitors.—Said house of refuge shall be open to 
visitors at reasonable hours, and shall be conducted in a manner entirely non- 
sectarian, and yet open to ministers of every denomination, and with a discipline 
suited to the government of children; but no clergyman or teacher of any re- 
ligious sect or denomination shall be appointed a manager of said house of refuge, 
nor shall said house of refuge be in any manner placed under the management or 
control of any religious sect or denomination. No child shall be compelled to 
perform severe or exhaustive labor, and any cruelty or unnecessary harshness by 
any officer or employe shall be followed by the immediate discharge of such officer 
or employe. The board shall provide educational facilities, and some suitable em- 
ployment for the inmates of said house of refuge; and all moneys derived from 
said employments, or in any other manner from the operation of said house of 
refuge, shall be promptly paid into the city treasury; and the semi-annual reports 
of the board of managers, which they shall make to the city and county, shall 
give a detailed statement of said collection. (Laws 1873, p. 356, sec. 11. R. S. 
1899, p. 2556.) 


Sec. 366. Certain inmates to be kept separate.—Said board of managers shall 
as far as may be possible, establish, and it is hereby made their special duty to 
establish apartments and grounds for inmates of said house of refuge committed 
there under sentence of court, as in section 6 hereinbefore provided, or inmates 
deemed by the superintendent especially vicious or ungovernable, separate and 
apart from the remainder of said inmates; and it is made the special duty of said 
managers and superintendents to prevent all contact and association between said 
classes hereinbefore mentioned, so far as may be practicable. (Laws 1873, p. 
356, sec. 12.) 


Sec. 367. Present board to cease, when.—Immediately upon the organization 
cf the board herein authorized, the terms of the office of the existing board of man- 
agers of said house of refuge and its present officers shall cease and determin; 
and all books, papers and property belonging to said house of refuge shall be 
turned over to the board appointed under this act. (Laws 18738, p. 356, sec. 13. 
R. 8S. 1899, p. 2556.) 


CHAP. 15-16.) STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 165 


Sec. 368. Inconsistent acts repealed.—All acts heretofore enacted in refer- 
ence to the St. Louis house of refuge, and all acts and parts of acts inconsistent 
with or contrary to the provisions of this act, are hereby repealed. (Laws 1878, 
p. 356, sec. 14.) 


CHOoAPTERSEIET BEN: 


LAWS—CONSTRUCTION. 


Section 369. Certain funds to be paid out of city treasury.—All moneys re- 
quired to be paid out of the county treasuries of the different counties of this state 
by an act entitled “‘An act to amend section twenty-seven of chapter eighty-five of 
the General Statutes of eighteen hundred and sixty-five,’ approved March 4, 1868, 
shall, in the city of St. Louis, be paid out of the city treasury of said city. (Laws 
mae. LO 1) SCCi a.) kt. oe O99, p. 2562; sec: 1.) 

Sec. 370. Municipal assembly to perform duties of county court.—All acts 
and parts of acts which provide for the performance of any duty or trust by any 
county court in this state, shall also include the municipal assembly, and the mayor 
and comptroller of the city of St. Louis. (Laws 1877, p. 187, sec. 2. R. S. 1899, 
p. 2562, sec. 2.) 

Sec. 371. Certain laws to apply to St. Louis.—All laws requiring any officer 
of any county to perform any duty, service or trust, under the laws of this state, 
shall include all corresponding city officers named in the charter and scheme of 
separation for the government of the city and county of St. Louis. (Laws 1877, 
peers cec. 4. R.'S./1899,)p: 2562, sec.'3.) 

Sec. 372. Duties of the county clerk to be performed by the register.—Al]l 
laws providing for the performance of any duty, service or trust, by any county 
clerk, shall apply to the register of the city of St. Louis, as if such officer was 
specially named in such law, acts or parts of acts. (Laws 1877, p 187, sec. 3. 
.RS. 1899, p. 2562, sec. 4—r.) 

Sec. 373. Rules for construing statute.—The construction of all statutes of 
this state shall be by the following additional rules, unless such construction be 
plainly repuenant to the intent of the legislature, or of the context of the same 
erative: *.” * * * eighteenth, whenever, under the provisions of any law 
which shall be applicable to the city of St. Louis, as to the counties of this state, 
any act or duty shall be authorized or required to be performed by the clerk of the 
county court, such act or duty shall be performed by the register of the said city 
of St. Louis and the term “‘county clerk’’ shall be construed to include the register 
of the city of St. Louis, so far as the same relates to any act or duty required to 
be performed in said city, similar in character to that required of such county 
clerk in the respective counties of this state: nineteenth, whenever the word 
“county’’ is used in any law, general in its character to the whole state, the same 
shall be construed to include the city of St. Louis, unless such construction be in- 
consistent with the evident intent of such law, or of some law specially applicable 
to such city; twentieth, wherever the term ‘“‘justice of the county court’’ shall ap- 
pear in any statute, it shall be construed to mean judge of such court, and when 
the term ‘‘county or circuit attorney’’ shall be used in any law it shall be construed 
to mean prosecuting attorney, except when applied to the circuit attorney of the 
eity of St:.-Louis; * * * * * i(R. 8. 1899, sec. 4160—s.) 


S} ys aVe Weed £2 eed OO Od ea 
LIBRARIES, FREE PUBLIC. 


Section 374. Directors.—When any incorporated city containing over three 
hundred thousand inhabitants shall have decided to establish and maintain a pub- 
lic library and reading-room under the act entitled ‘‘An act relating to libraries in 
cities, villages, towns and townships,’ approved April 10, 1885, the mayor of such 
city shall, with the approval of the city council, proceed to appoint a board of nine 
directors for the same, chosen from the citizens at large, with reference to their 
fitness for such office; and no member of the municipal government shall be a 
member of said board: Provided, that not more than five of such directors shall 
be members of the same political party. (Laws 1895, sec. 1, p. 220. R.S. 1899, 
sec. 6481.) 


(r) See notation R. C. 2062 and note introductory to Charter Art. I. 

(s) Subdivision 18: see notes to Rev. C. See. 2062; Subdivision 19: See Henderson 
vs. Koenig, 168 Mo. loc. cit. 363; St. Louis v. Clabby, 88 Mo. 573; State ex rel. vs. Wilder, 
198 Mo. 1. c. 173; State ex rel. vs. Dillon, 87 Mo. 487; Bank v. Umrath, 55 Mo. App. 1. c. 48. 
tp further note introductory to Charter, infra, ‘General Considerations respecting the 

arter.”’ 


166 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 16. 


Sec. 375. Term of office—removal.—Said directors shall hold office, one- 
third for one year, one-third for two years and one-third for three years, from the 
first of June following their appointment, and at their first regular meeting shall 
cast lots for their respective terms; and annually thereafter, the mayor shall, 
before the first of June of each year, appoint, as before, three directors, who 
shall hold office for three years, and until their successors are appointed. The 
mayor may, by and with the consent of the city council, remove any director for 
misconduct or neglect of duty. (Ib., sec. 2. R.S., sec. 6482.) 


Sec. 376. WVacancies—compensation.—Vacancies in the board of directors, 
occasioned by removals, resignations or otherwise, shall be reported to the mayor, 
and be filled in like manner as original appointments, and no director shall receive 
compensation as such. (Ib., sec. 3. R. S. 1899, sec. 6483.) 


Sec. 377. Duty of directors—appointment of officers of the board—powers 
of the board.—Said directors shall be known and styled in their corporate name 
as the board of directors of the public library, and in such name may exercise the 
powers hereinafter granted. They shall, immediately after appointment, meet and 
organize by the election of one of their number as president, and by the election 
of such other officers as they may deem necessary. They shall make and adopt 
such by-laws, rules and regulations for their own guidance, and for the govern- 
ment of the library and reading-room, as may be expedient, not inconsistent with 
this and the aforesaid act. They shall have the exclusive control of the expenditure 
of all moneys collected to the credit of the library fund, and of the construction 
of any library building, and of the supervision, care and custody of the grounds, 
rooms or buildings constructed, leased or set apart for that purpose. Provided, 
that all moneys received for such library shall be deposited in the treasury of said 
city, to the credit of the library fund, and shall be kept separate and apart from 
other moneys of such city, and drawn upon by the proper officers of said city, 
upon the properly authenticated vouchers of the library board. Said board shall 
have power to purchase, hold or lease grounds, to occupy, lease or erect an appro- 
priate building or buildings, for the use of the said library, and to issue bonds, 
secured by deed of trust on any land [of] which they may be possessed, for the 
purpose of erecting library buildings, and for no other purpose; and all property 
by such board purchased, or otherwise obtained, shall vest in such board as a 
body corporate, and be held by it in trust. They shall have power to appoint a 
suitable librarian and necessary assistants, and fix their compensation, and shall 
also have power to remove such appointees; and shall, in general, carry out the 
spirit and intent of this and the aforesaid act in establishing and maintaining a 
public library and reading-room. (Ib., sec. 4. R.S. 1899, sec. 6484.) 


Sec. 378. Board shall make annual report to the mayor—what report shall 
contain.—The said board of directors shall make, on or before the second Monday 
in June, an annual report to the mayor, stating the condition of their trust on the 
first day of May of that year, the various sums of money received from the library 
fund and from other sources, and how such moneys have been expended and for 
what purposes; the number of books and periodicals on hand, the number added 
by purchase, gift or otherwise, during the year; the number and general char- 
acter and kind of such books, with such other statistics, information and sugges- 
tions as they may deem of general interest. All such portions of said report as 
relate to the receipt and expenditure of money, as well as the number of books on 
hand, books lost or missing, and books purchased, shall be verified by affidavit. 
(Ib., sec. 5, p. 221. R. 8S. 1899, sec. 6485.) 


Sec. 379. Cities to pass ordinances to impose penalties.—The said cities shall 
have power to pass ordinances imposing suitable penalties for the punishment of 
persons committing injury upon such library, or the grounds or other property 
thereof, and for injury to or failure to return any book belonging to such library. 
(Ib., sec. 6, p. 221. R. S. 1899, sec. 6486.) 


Sec. 380. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Ib., sec. 7, p. 221.) 


Sec. 381. Emergency clause.—There being no adequate provisions for the 
government and protection of free public libraries in cities containing over three 
hundred thousand inhabitants, an emergency is created within the meaning of the 
constitution; therefore, this act shall take effect and be in force from and after 
its passage. (Ib., sec. 8, p. 221.) 


CHAP. 17] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 167 


CHAPTER SEVENTEEN. 
LICENSE COLLECTOR.* 


Sec. 382. Office of license collector in cities of 300,000 inhabitants or over 
created.—tThe office of license collector is hereby created in cities now having 
or which hereafter may have three hundred thousand inhabitants or more. (Laws 
1901, p. 80, sec. 1.) 

Sec. 383. Providing for election of license collector—term of office—oath 
and bond, where filed, vacancy, how filled.—On the Tuesday next following the 
first Monday in November, A. D. 1902, and every four years thereafter, there shall 
be elected in said cities, in the manner provided by law for the election of city 
officers, a license collector, who shall hold his office for the term of four years, 
and until his successor is elected and qualified; he shall take the oath of office re- 
quired of state officers, and give bond to such city in the sum of twenty-five thou- 
sand dollars, conditioned that he will faithfully and punctually collect and pay 
over all revenue for licenses and license tax collected and received by him, and in 
all things faithfully perform the duties of the office of license collector according 
to law and the ordinances of said city, to be approved by the mayor; and said oath 
and bond to be filed in the office of the city register of such city. Vacancies in said 
office of license collector from any cause shall be filled by the governor, from and 
until the end and expiration of the term in which the vacancy is created. Said 
license collector shall have his office in the city hall in such rooms as may be 
designated for the purpose by the proper authority. (Ib., sec. 2.) 

Sec. 384. Powers and duties of license collector.—The said license collector 
shall have exclusive authority in all such cities to issue all licenses and receipts 
for license taxes, except water, dramshop and boat or wharf licenses; he shall have 
authority to revoke any license by him granted, if the person to whom the license 
has been issued, shall have been convicted of the violation of any law or ordi- 
nance relative to such licenses. It shall be his duty to prevent any persons carry- 
ing on any business, object or calling for which a license or license tax is re- 
quired, without having a license or license receipt for that purpose; and he shall 
report to the police court of such city all violations of law and ordinances relating 
to licenses and license taxes. No commissions or fees shall be paid or allowed said 
license collector, or any state or city officer for the collection of any licenses or 
license tax to which this act applies. (Ib., sec. 3.) 

Sec. 385. City collector or commissioner shall turn over all books, etc., to 
license collector—further duties of license collector.—It shall be the duty of the 
license collector, immediately after taking charge of his office, to obtain from the 
city collector, license commissioner or other officer of such city, and it is hereby 
made their duty to transfer to said license collector all books, papers, data and 
blanks relating to the assessing, levying, issuing, transferring and revoking of 
licenses and license taxes, and he shall at once proceed to obtain a complete list 
of all persons, firms, associations and corporations who are required by law, or 
ordinance, to obtain a license, or pay a license tax, and collect all information 
which may be necessary for the proper assessing, levying and issuing of licenses 
and license taxes. Such lists and information shall be kept in proper books and 
at all times as complete and correct as possible and up to date, in said office of 
license collector. (Ib., sec. 4, p. 81.) 

Sec. 386. Proceedings necessary in obtaining and granting licenses.—To ob- 
tain a license or to pay a license tax the person making application therefor shall 
accompany his application with such statements and affidavits as may now or 
hereafter be required by law or ordinance; the license collector, as soon thereafter 
as practicable, shall give to the applicant a statement that, upon the payment of 
the amount of the license or license tax required by law or ordinance to be paid, a 
license or tax receipt, as the case may be, will be issued to such applicant. Upon 
the receipt of said statement, the applicant shall pay to the license collector the 
amount named in such statement, taking therefor duplicate receipts, one of which 
shall be by him filed with the city auditor, and the license collector shall thereupon 
issue the license or license tax receipt to the applicant for the period required by 
law or the ordinances of such city. (Laws 1901, p. 81, sec. 5.) 

Sec. 387. License collector shall keep separate records of the several classes 
of licenses issued—records open to public inspection.—The license collector shall 
keep a separate record or book for each kind of license, or tax receipt which he is 


*This act supersedes the provisions of the Charter, Art. V, Sec. 31 and Art. IV, 
Sec. 24, in so far as they impose:on the City Collector the duty to collect the license 
taxes, the collection of which by this act is cast upon the License Collector. The 
duties formerly resting on the License Commissioner are also transferred to the 
License Collector. See in connection herewith Rev. Code, Chap. 30, constituting Secs. 
2104 to 2125 and see notations thereto. Also as to the [City] Collector Rev. C., Secs. 
2288 et sieq. 


168 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 17-18. 


authorized to issue, in each of which shall be recorded the names of all applicants 
for such licenses, the place at which the applicant is permitted to conduct the 
business authorized, if the license is for such purpose, otherwise the place of busi- 
ness or residence of the applicant, and the date of issuance of the license, all of 
which shall be public and open to the inspection of any citizen; he shall also keep 
all statements and affidavits furnished him in his office for public reference and 
the convenience of the officers of such city. (Ib., sec. 6.) 


Sec. 388. Powers and duties of city collector or commissioner transferred to 
the license collector.—Every person, firm, association or corporation, shall owe to 
the license collector all and every duty now due by law or ordinance to the city 
collector of the revenue or to the license commissioner, or other city officer of 
such city, with respect to the assessment, levy, issue, transfer or revoking of 
licenses, or license taxes, for any purpose whatever; all and every duty of said city 
collector, license commissioner and other officer of such city imposed by law or 
ordinance with respect to the assessment levy, issue, transfer or revoking of li- 
cense or license taxes for any purpose whatever is hereby transferred to the office 
of license collector created by this act. (Ib., sec. 7.) 


Sec. 389. The words ‘“‘license’’ and ‘license tax’? shall include what.—The 
words ‘‘license’’ and ‘‘license tax,’’ used in this act, shall include licenses for all 
purposes authorized or required by law or ordinance and also the tax on telegraph 
and telephone poles, the dog tax, the merchants’ ad valorem tax, the vehicle li- 
cense tax and the special tax on foreign insurance companies, and excepting al- 
ways dramshop, water and boat or wharfage licenses. (Ib., sec. 8.) 


Sec. 390. Salary of license collector—Shall appoint deputies, clerks and in- 
spectors, compensation of each—may administer oaths—collector responsible for 
official acts of employes.—The license collector shall receive a salary of three thou- 
sand dollars a year, payable monthly by the city treasurer. Said license collector 
shall appoint one chief deputy and one assistant deputy license collector, either of 
whom, in the absence for any cause of the license collector, may perform all the 
duties of the license collector; he shall appoint such clerks as may be required 
and necessary to properly and efficiently perform the duties of the office, not to 
exceed six, and may also appoint inspectors not to exceed ten. The salary and 
compensation of said employes is hereby fixed, as follows: The chief deputy at the 
rate of eighteen hundred dollars a year; assistant deputy at the rate of fifteen 
hundred dollars a year; clerks at the rate of one hundred dollars a month; in- 
spectors at the rate of seventy-five dollars a month, all payable monthly and by 
the treasurer of such city. Said license collector, deputy license collectors and 
clerks are hereby authorized to administer oaths in the transaction of the business 
of the office. The license collector and his sureties shall be responsible for the 
official acts of all employes appointed by him. (Ib., sec. 9—+.) 


Sec. 391. Collector shall make weekly payments to city treasurer—duty of 
treasurer.—The said license collector shall, on Monday of each week, pay to the 
treasurer of such city all moneys received by him for licenses and license tax; said 
treasurer shall issue duplicate receipts therefor, one of which he shall deliver to 
the license collector, the other to the auditor of such city. (Ib., p. 82, sec. 10.) 

Sec. 392. Mayor shall appoint license collector—term of office.—Immediately 
on the taking effect of this act the mayor of the City of St. Louis shall appoint a li- 
cense collector under this act, who shall hold his office for a term ending on the 
first day of January, A. D. 1903, and until his successor is elected and qualified. 
(Laws 1901, p. 82, sec. 11.) 


CHAPTER EIGHTEEN. 


LIQUORS. 


Sec. 393. Register’s duties.—When spirituous or alcoholic liquors are to be 
sold or offered for sale, are to be manufactured or rectified, in the city of St. 
Louis, the oath required by sections 2289 and 2290, Revised Statutes 1899, shall 
be administered by the register of the city of St. Louis, who is authorized and re- 
quired to administer said oath, and said register is required to take the bond 
prescribed in section 2290. (Laws 1877, p. 341, sec. 1; R. S. 1899, p. 2563, sec. 10.) 


(4) See additional employes, Rev. Code, Secs. 2119-2120 and note thereto. 


CHAP 19-20-21.| STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 169 


CHAPTER NINETEEN. 


MARKETS, PUBLIC.* 


Sec. 394. Public markets to be established in cities of 300,000 inhabitants 
for farm products.—It shall be the duty of the mayor and municipal assembly or 
council in all cities of three hundred thousand inhabitants or over, or which may 
hereafter attain a population of three hundred thousand or over, to establish and 
locate a market for the sale, at wholesale or retail, of fruits, vegetables and other 
farm or dairy products. (Laws 1891, p. 66, sec. 1; R. S. 1899, sec. 6248.) 

Sec. 395. Business regulated by ordinance—privileges extended only to pro- 
ducers.—Such mayor and municipal assembly shall, by ordinance, regulate the 
business to be conducted and carried on in such market, and fix a yearly rental to 
be charged for stands or stalls in said market: Provided, however, that no privileges 
shall be let to any person or persons to do business in said market in the sale of 
any garden, farm, fruit or dairy products, except the producer thereof. (Ib., sec. 
2; R. S. 1899, sec. 6249.) 

Sec. 395a. When not to sell market places now owned.—No city amenable to 
the provisions of sections 6248 and 6249 of the Revised Statutes of Missouri, 1899, 
now owning a public market place or public market places, or which shall here- 
after acquire a public market place, shall be permitted to disburse or use for other 
purposes any of the proceeds received from the sale or disposition of such market 
place or market places, unless such said city shall have, prior thereto, acquired the 
necessary ground for the establishment of a market place or market places, as con- 
templated in said sections 6248 and 6249, and which ground shall be of dimen- 
sions commensurate with the requirements of said city, and not to exceed in cost 
the sum of $1,000,000, and unless said city shall, prior thereto, have made pro- 
visions for the establishment and maintenance of a market place or market places 
on such grounds, as is contemplated in sections 6248 and 6249. (Laws 1907, 
D6.) 

Sec. 395b. Lands may be condemned for market places, when.—In the event 
any city amenable to the provisions of sections 6248 and 6249 shall fail to provide 
a market place or market places of the dimensions set out in section 6249a, any 
corporation composed of five or more residents of this state, organized under the 
laws of the state of Missouri, for the purpose of establishing a market or markets, 
as contemplated by said section 6248, shall have the power to condemn lands or 
other property, or any interest therein, to be the amount set out in section 6249a,, 
for use by it in establishing and maintaining such market place or market places, 
in the same manner and with like effect as provided in sections 1264, 1265, 1266, 
1267, 1268, 1269, 1270, 1271, 1272 and 12738, Revised Statutes of Missouri, 1899. 
(Laws 1907, p. 115.) 


CHAPTER TWENTY. 
MEDICINE AND SURGERY. 


Sec. 396. Duty of County Clerk Cast on Health Commissioner—W henever 
in this act [act of 1901, p. 207, regulating practice of medicine and surgery, as 
amended acts 1907, p. 359] it is provided that any duty or service shall be per- 
formed by any county clerk, such duty or service in the city of St. Louis shall be 
performed by the health commissioner, as if said officer was specially named to 
perform these duties and services, and said officer shall receive the same com- 
pensation therefor as this act provides shall be paid to the county clerk: Provided, 
further, that whenever in this act the word county is used it shall include the city 
of St. Louis the same as if said city were specially named. (Laws 1901, p. 207, 
sec. 8.) 


CHAPTER TWENTY-ONE. 


MONEY, PUBLIC.** 


Section 397. Bank for deposit to be selected—bond—amount.—In all cities 
in Missouri having three hundred and fifty thousand inhabitants or more, the 
mayor, comptroller and treasurer shall annually select a bank or banks which will 
give the highest rate of interest for the current deposit of the city’s funds: Pro- 
vided, however, that before any deposit shall be made by the treasurer, the bank 
shall give a bond for five hundred thousand dollars, with good and sufficient sure- 
ties, to be approved by the unanimous vote of the mayor, comptroller and treas- 
urer, for the safe keeping and prompt payment of said funds, or any part thereof, 


: *See as to the city ordinances, Rev. Code, Chap. 16, Sections 1415 to 1486, concern- 
ing Markets, and notes thereto. 


**See Charter, Art. FV, Sec 22. 


170 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 21-22-23, 


when demanded by the treasurer, and shall at all times keep the sureties on its 
bond satisfactory to the mayor, comptroller and treasurer; and provided further, 
however, that before any greater amount or sum than five hundred thousand dol- 
lars shall be deposited by the treasurer in any bank, such bank shall give an ad- 
ditional bond for five hundred thousand dollars, with good and sufficient sureties 
to be approved by the unanimous vote of the mayor, comptroller and treasurer, 
for the safe keeping and prompt payment of said funds or any part thereof when 
demanded by the treasurer, and shall at all times keep the sureties on its bond 
satisfactory to the mayor, comptroller and treasurer; and provided further, that 
no greater sum than one million dollars of the money of the city shall be on de- 
posit in any one bank. (Laws 1903, p. 95, sec. 1; amending R. S. 1899, sec. 6251.) 

Sec. 398. Emergency.—The fact that the city of St. Louis is about to deposit 
a large sum of money and it is for the benefit of said city that it have choice of a 
large number of depositories creates an emergency within the meaning of the 
constitution; therefore this bill shall be effective immediately upon its approval 
by the governor. (Ib., sec. 2.) 


CHAPTER TWENTY-TWO. 
MORGUE, ESTABLISHMENT OF. 


Sec. 399. Morgue may be established.—The city of St. Louis and the county 
of St. Louis are hereby authorized, jointly, to provide for the erection and main- 
tenance, at some point within the corporate limits of said city, of a morgue or 
dead-house for the reception of the corpses of persons unknown, or not readily identi- 
fied, and found dead within said [city] county. The expense of erecting and main- 
taining said morgue shall be paid, one-half by said county and the other half by 
said city, according to such plans as may be agreed on by the county court of said 
county and the city council of said city; and said court and council may, by like 
agreement, and from time to time, make and alter regulations for the control and 
management of said morgue, and for the employment of a person or persons to 
take care thereof. It shall be the duty of the coroner of said county [city] to 
view, and if necessary, hold a formal inquest on, the body of every dead person 
brought to said morgue; and the county court [municipal assembly] of said county 
[city] may, in his discretion, assign him a fixed salary for such services, in lieu 
of his statutory fee in like cases. (Laws 18738, p. 357, sec. 1; R. S. 1899, p. 2563, 
sec. 9—w.) 


CHAPTER TWENTY-THREE. 
PARKS.* 


Sec. 400. Tower Grove Park described.—As much and such portions of the 
following described tracts or parcels of land, partly within and mostly without the 
present corporate limits of the city of St. Louis, to wit: Bounded by Grand avenue 
on the east, Arsenal street or road on the south, Magnolia avenue, as now existing, 
on the north, and the King’s highway, so called, on the west, in the city and 
county of St. Louis, as Henry Shaw may see fit to give, grant and convey to the 
city of St. Louis, for the purposes of a public park, shall be known and designated 
as the Tower Grove Park of St. Louis. (Session Laws 1867, p. 172, sec. 1.) 

Sec. 401. Board of commissioners.—The said park shall be under the ex- 
clusive control and management of a board of commissioners, to consist of not less 
than five nor more than seven persons, who shall be named and styled the commis- 
sioners of the Tower Grove Park, and who shall be appointed as hereinafter pro- 
vided; but of which commissioners Henry Shaw, the donor to the city of St. Louis 
of the land for the said park hereby established, during his natural life, and after 
his death his successor, in the direction of the Missouri Botanical Garden, as he 
may create the same in any devise or conveyance which he may be authorized by 
law to make, shall be and constitute one member. (Session Laws 1867, p. 173, 
sec. 2.) ; 

Sec. 402. How constituted.—The following named person, Henry Shaw, and 
such persons as he may select, shall constitute the board of commissioners of said 
park. They shall hold their offices as such commisioners for five years from the 
time of the passage of this act, and until their successors are appointed and quali- 


(zx) For ordinance provisions concerning Morgue, see Rev. Code, Chap. 38, Art. 2, 
being sections 258 to 268, inclusive. Also 450. 


*Acts to Establish Forest Park (March 25, 1874,) Carondelet Park (Feb. 25, 1874) 
and O’Fallon Park, (March 25, 1874) are “repealed” by Charter Art. VIII, Sec. 6. See 
as to the various ordinance provisions concerning parks. Rev. Code, Chapter 25, and 
note to Chapter heading and sections 2018 to 2035 with notations thereto, and refer-. 
ences to the charter provisions there found; also R. C. sections 1970 to 1975; Sec. 2157 
and note. Charter Art. VIII. 


CHAP 23.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. bya! 


fied. No member of said board shall receive any compensation for his services, but 
each commissioner shall, nevertheless, be entitled to receive for his personal ex- 
penses, in visiting and superintending the said park, a sum not exceeding one 
hundred dollars per annum. (lIb., sec. 3.) 

Sec. 403. Quorum.—A majority of the said commissioners, in office for the 
time being, shall constitute a quorum of the board for the transaction of business, 
but no action of the board shall be deemed final or binding, unless it shall have 
received the approval of a majority of the board, whose names shall be recorded 
in the minutes. (Ib., sec. 4.) 

Sec. 404. Duties of the board.—The said board shall have the full and ex- 
clusive power to govern, manage, direct and control the said park; to lay out and 
regulate the same; to pass ordinances for the regulation and government thereof, 
not inconsistent with the ordinances and regulations of the corporation of St. 
Louis; to appoint such engineers, surveyors, clerks, and other officers as may be 
necessary; to prescribe and define their respective duties and authority, fix the 
amount of their compensation, and generally, in regard to said park, they shall 
possess all the power and authority which now is, or which may hereafter be, by 
law conferred upon or possessed by the corporation of St. Louis in respect to the 
public squares and places in said city. (Ib., sec. 5.) 

See. 405. Ordinances, etc., concerning, to be published.—All ordinances, rules 
and regulations which may be passed and adopted by the board of commissioners 
for the regulation, use and government of said park shall, immediately upon their 
passage, be published for ten days in three daily newspapers published in said 
city to be selected by said commissioners, one whereof shall be a newspaper pub 
lished in the German language. (Ib., sec. 6.) 

Sec. 406. Penalty for violating ordinances.—All persons offending against 
such ordinances shall be deemed guilty of a misdemeanor, and be punished, on con- 
viction, before the police justice of said city, or any justice of the peace in the 
county of St. Louis, by a fine not exceeding fifty dollars, and in default of payment, 
by imprisonment not exceeding thirty days. (Ib., sec. 7.) 

Sec. 407. Penalty against commissioner.—It shall be a misdemeanor for any 
commissioner to be, directly or indirectly, in any way pecuniarily interested in any 
contract for work of any kind whatever connected with said park, and it shall be 
the duty of any commissioner, or other person who may have knowledge or infor- 
mation of the violation of this provision, forthwith to report the same to any judge 
of the circuit court of St. Louis county. Such judge shall hear, in a summary 
manner, such charge,.and any evidence which may be offered in support thereof; 
and if after such hearing he shall be satisfied of the truth thereof he shall imme- 
diately, by his order in writing in such matter, remove the commissioner thus 
offending. Every commissioner shall before entering upon the duties of his office, 
take and subscribe the same oath prescribed by the constitution of the State to 
civil officers, and which oath, when subscribed, shall be filed in the office of the 
clerk of the county court of the county. (Ib., sec. 8.) 

Sec. 408. Bond may be issued.—tThe city of St. Louis is hereby authorized 
and required, immediately after the passage of this act, to cause to be issued its 
bonds in the sum of one thousand dollars each, payable at such time or times, not 
less than five nor more than thirty years from the date thereof, as the mayor and 
fund commissioner of said city shall deem best, to an amount sufficient to realize 
on a sale on the best possible terms the sum of three hundred and sixty thousand 
dollars, which bonds shall bear interest at the rate of six per cent per annum, 
payable semi-annually, and shall have attached to them semi-annual coupons for 
the payment of said interest. Said bonds shall be entitled and designated on their 
face, ‘Park Bonds of the City of St. Louis;’’ shall be payable where the said mayor 
and fund commissioner shall designate on their face; shall be signed by the mayor 
and countersigned by the comptroller of the city, shall have the seal of said city 
affixed thereon, and be binding and obligatory on said city as an indebtedness 
thereof generally. (Laws 1867, p. 174, sec. 9.) 

Sec. 409. Bonds how sold.—Said bonds shall be sold by the said mayor or 
by some person duly authorized by him to sell the same, and the proceeds thereof 
shall at once be paid over into the hands of the aforesaid commissioners of the 
Tower Grove Park. (lIb., sec. 10.) 

Sec. 410. Moneys where deposited.—The moneys raised upon the fund or 
stock hereby authorized, as well as other moneys by them received and as soon as 
received, shall, by the said commissioners, be deposited to their credit in any bank 
or banks of St. Louis to be designated by the board. Such bank or banks shall 
allow interest upon such deposits as may be agreed upon with said board, and 
shall open and keep an account with said board, and no moneys shall be drawn 
therefrom, except upon a warrant signed by at least a majority of the commis- 
sioners in office, and all receipts and vouchers shall be filed in the office of said 
board. (Ib., sec. 11.) 

Sec. 411. Moneys how applied.—The said commissioners shall apply and use 
the said moneys so coming to their hands, in the fencing, improving, ornamenting, 


172 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 23. 


and beautifying of said park, in such manner as in their judgment will best serve 
to make said park a place of recreation in the resort of the people thereto; but the 
amount expended in any one year as aforesaid in said park, shall not exceed one- 
third of the said amount so authorized to be paid over to them from the proceeds 
of the sale of the aforesaid bonds. (Ib., sec. 12.) 

Sec. 412. Taxes to be levied.—The city of St. Louis and the county of St. 
Louis, after the expiration of three years after the passage of this act, shall order 
and cause to be raised by tax on the estates, real and personal, subject to taxation 
according to existing laws within said city and county, and to be collected in addi- 
tion to the ordinary taxes yearly, and every year following, a sum of money suffi- 
cient and equal to the sum of twenty-five thousand dollars in specie funds, to be a 
perpetual fund for the keeping up, maintaining and improving the said public 
park, one-third of which annual sum shall be levied out of the taxable estates as 
aforesaid within the county of St. Louis, outside of the limits of the city of St. 
Louis, and the remaining two-thirds of which annual sum shall, in like manner, 
be levied within the limits of said city. (Ib., sec. 13.) 

Sec. 413. Avenues to be widened.—lIt is hereby made the duty ot the county 
court of St. Louis county, to cause Tower Grove avenue to be widened in its 
present extent to the width of sixty feet, and to be opened the same width on 
the same course till an intersecting with the Market street road; also to cause 
Magnolia avenue to be opened from Grand avenue, and also to cause the same to 
be widened to a width of seventy feet, the additional width of twenty feet to be 
taken from the south side of said avenue. (Ib., sec. 14.) 

Sec. 414. Proceedings therefor.—The proceedings for opening and widening 
said avenues and roads, shall be had and pursued in the same manner as is or 
may be provided by law for the opening, widening or establishing of roads, public 
or private, in said county. (Ib., sec. 15.) 

Sec. 415. Avenues to be improved.—As soon as the roads mentioned in the 
last preceding sections shall be widened, opened and established, as herein pro- 
vided, or as soon thereafter as practicable, the said county court shall cause Shaw 
avenue, Tower Grove avenue and Floral avenue, as now known and as the same 
shall be established, to be macadamized and improved in the same manner as 
other public roads in said county are macadamized and improved. (Ib., sec. 16.) 

Sec. 416. Debts to be incurred only with authority of board.—None of the 
said commissioners, nor any person, whether in the employ of said commissioners 
or otherwise, shall have the power to create any debt, obligation, claim or liability 
for or on account of said board or the moneys or property under its control, except 
with the express authority of said board conferred at a meeting thereof duly con- 

vened and held. (Ib., sec. 17.) 


Sec. 417. Board may hold gifts, etc.—The said board is hereby authorized to 
take and hold any gifts, devises or bequests that may be made to said board, upon 
such trusts and conditions as may be prescribed by the donors or grantors thereof, 
and agreed to by said board, for the purpose of embellishing or ornamenting said 
park, and shall annually make in its report a statement in detail of the conditions 
and value of all such gifts, devises or bequests, and of the names of the persons by 
whom the same are so given, devised or bequeathed. (Ib., sec. 18.) 


Sec. 418. Gunning, etc., prohibited.—Gunning or the discharging of fire- 
arms in St. Louis city or township, within the limits of one mile of said park in 
any direction, is hereby prohibited, and any person who shall violate this pro- 
vision of law shall be deemed guilty of a misdemeanor, and, on conviction before 
the police magistrate of the city of St. Louis, or any justice of the peace of St. 
Louis county, shall be subject to a fine of twenty dollars, and in default of pay- 
ment of such fine to imprisonment in the county jail of the county not less than 
ten nor more than twenty days. (Ib., sec. 19.) 

Sec. 419. Cattle prohibited at large.—All persons are, in like manner, within 
the limits in the preceding section stated, prohibited from turning horses, cows, 
sheep, swine or other cattle on the public highways, or other roads, or uninclosed 
lands, or from willfully permitting the same to go at large thereon for the purpose 
of grazing or any other purpose, under the penalty prescribed in said section, and 
to be enforced in like manner as therein prescribed. (Ib., sec. 20.) 

Sec. 420. Office commissioner, vacant when.—The office of either of said 
commissioners who shall not attend the meetings of the board for three successive 
months, after having been duly notified of said meetings, without reasons satis- 
factory to said board, or without leave of absence from said board, may, by said 
board be declared vacant. (Ib., sec. 21.) 

Sec. 421. Vacancy, how filled.—In case of any vacancy occurring in the mem- 
bership of the board of commissioners from death, resignation or disqualification 
to act, the same shall be filled by the remaining members of the board for the 
residue of the term then vacant, and all vacancies caused by expiration of the 
term of office shall be filled by the appointment of the judges of the supreme 
court of the State for the time being, or a majority of them. (Ib., sec 22.) 


CHAP. 23.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 173 


Sec. 422. Board to report.—The said board shall, annually, and in the month 
of January in each year, make to the city council of said city a full report of their 
proceedings, and a detailed statement of all their receipts and expenditures. (Ib., 
p. 175, sec. 23.) 


Sec. 423. Lands exempt from taxation.—As soon as the said Henry Shaw 
shall grant and convey to the city of St. Louis, any land contained within the 
boundaries named in the first section of this act, the said land, and every part 
thereof so conveyed, so long as the same shall be held in fee by the said city of 
St. Louis, and, in consideration of such grant and conveyance by him, shall be 
exempt from the payment of all State, county, municipal or other taxation imposed 
or to be imposed under or by virtue of any law of this State whatsoever. (Ib., 
sec. 24.) 

Sec. 424. Additional bonds may be issued.—The city of St. Louis is author- 
ized in addition to the bonds authorized to be issued under the ninth section of 
this act, to issue other bonds of the same character and in the same manner as in 
said section provided, to the amount of not exceeding fifty thousand dollars, for the 
purchase of land adjoining to the land mentioned in the first section of this act, 
for the purposes of a public park and to form part of said Tower Grove Park, and 
which land if and when acquired by purchase, shall be held, governed and regu- 
lated as is, in all respects, provided by this act with reference to the aforesaid 
public park. (Ib., sec. 25.) 

Sec. 425. Levy of taxes for park.—lIf for any years, the city of St. Louis, or 
the county of St. Louis shall have failed, or may hereafter fail to levy the pro- 
portional amount of the annual sum to be raised under the provisions of said sec- 
tion (section thirteen), [412 supra] to be levied by such city or county, then said 
city or county may include in and add to the levy of any succeeding year such 
amounts so omitted be levied, in addition to the amount to be levied for such suc- 
ceeding year,.and the whole amount shall be levied on estate, real and personal, 
subject to taxation according to existing laws within said city and county, in the 
year in which said levy shall be made. The said city of St. Louis shall levy upon 
said taxable estates, within its limits, two-thirds of said tax, and the remaining 
one-third shall be levied by the county court upon the taxable estates outside of 
said limits. The annual amount to be raised may be paid by the city, or the 
county, out of their general funds, each respectively, and in that event, the city or 
county so paying may add to its other rates of taxation for the same year a per- 
centage sufficient to reimburse it for the sum so paid, without making it a direct 
tax; and the general tax thus augmented, may be assessed, levied and collected as 
provided by law for the time being. With the assent of the city of St. Louis the 
county court of St. Louis [county] may levy the whole of said tax on the taxables 
of the entire county, without sub-dividing the tax between the city limits and the 
portion of the county beyond them. At the time of assessing in any of the modes 
hereinbefore set forth, the rate of the equivalent of gold shall be fixed by the city 
or county respectively assessing the same. The powers in this act given to said 
county of St. Louis’ shall be exercised or not by their respective authorities at their 
discretion and such arrangements as they may severally make, if they deem neces- 
sary, with the grantor and commissioners of said Tower Grove Park. (Session 
Laws 1872, p. 469, sec. 1.) 

Sec. 426. Slaughter houses, etc., prohibited, where.—The erection of slaugh- 
ter houses, tanneries, skin-dressers’ shops or establishments, bone factories, bone 
burners’ establishments, chemical works, candle factories, soap factories, tallow 
chandlers’ establishments and within the limits of one-quarter of a mile in any di- 
rection from the exterior lines of Tower Grove Park, in the city or county of St. 
Louis, as the same is now laid out, is hereby prohibited. And if the said park 
shall hereafter be extended so as to include additional land, such erections are 
also hereby prohibited within the limits aforesaid, from the exterior lines of said 
park as the same may be extended, as soon as such extension shall be made. And 
any person making any such erection, or carrying on business at or in the same 
within the above limits, and in vio.ation of the above provisions, shall be deemed 
guilty of a misdemeanor, and may be prosecuted therefor in the name of the city 
of St. Louis, before the police justice of the city of St. Louis, or before any justice 
of the peace of St. Louis county, or before the St. Louis court of criminal correction, 
and on conviction thereof shall be subject to a fine of not less than fifty nor more 
than five hundred dollars, which fine if collected, shall be paid to the city of St. 
Louis, and in default of payment of such fine, to imprisonment in the county jail 
of St. Louis county, or the work-house of the city of St. Louis not less than ten 
nor more than sixty days. (Session Laws 1871, p. 189, sec. 1.) 


174 STATH LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. 


CHAPTER TWENTY-FOUR. 
POLICE. 


Art. 1. The Police Act creating board and authorizing appointment of force. 
Art. II. Pensions of policemen. 

Art. III. Holidays to officers of police. 

Art. IV. Special police officer of Humane Society. 


ARTICLE I. 


THE POLICE ACT CREATING Boa Re anes AUTHORIZING APPOINTMENT OF 
TORCE.* 


Section 427. Act of 1861 and amendatory acts repealed.—An act entitled 
“An act creating a board of police commissioners and authorizing the ap- 
pointment of a police force for the city of St. Louis,’’ approved March 27th, 1861, 
and all acts supplementary to and amendatory thereof be and the same are hereby 
repealed. (Laws 1899, p. 51—2,) 

Sec. 428. Ordinances to be passed to protect persons and property.—In all 
cities of this state that now have or may hereafter attain a population of three 
hundred thousand inhabitants or over, the common council or municipal assembly, 
as the case may be, of such cities may pass ordinances for preserving order, se- 
curing property and persons from violence, danger or destruction, protecting pub- 
lic and private property, and for promoting the interests and insuring the good 
government of such cities; but no ordinances heretofore passed or that may here- 
after be passed by the common council or municipal assembly of such cities, shall, 
in any manner, conflict or interfere with the powers or the exercise of the powers 
of the boards of police commissioners of such cities, as hereinafter created, nor 
shall the said cities or any officer or agent of the corporation of said cities, or the 
mayor thereof, in any manner, impede, obstruct, hinder or interfere with the said 
boards of police or any officer, or agent or servant thereof or thereunder. (Ib., p. 
51) seco 2.) Ra S.18897 seer 62092) 

Sec. 429. Boards of police commissioners established.—In all cities of this 
state that now have or may hereafter attain a population of three hundred thou- 
sand inhabitants or over, there shall be, and is hereby established, within and for 
said cities, a board of police, to consist of four commissiners, as hereinafter 
provided, together with the mayor of said cities for the time being, or whosoever 
may be officially acting in that capacity, and said board shall appoint one of its 
members as presidest, and one member who shall act as vice-president during the 
absence of the president; and such president, or vice-president, shall be the execu- 
tive officer of the board and shall act for it when the board is not in session. The 
said commissioners shall be citizens of the State of Missouri, and shall have been 
residents of the cities for a period of four years next preceding their appoint- 
ment; they shall, except as hereinafter specified, hold their offices for four 
years, and until their respective successors shall have been appointed and quali- 
fied, and receive each a salary of one thousand dollars ($1,000.00) per annum, 
payable monthly; before entering upon the duties of their said offices, the said 
commissioners and the said mayor, shall take and subscribe before some judge of 
the circuit court of judicial circuit in which said cities shall be located or the 
clerk thereof, the oath or affirmation prescribed by the constitution of the State 
of Missouri, and shall also take and subscribe before the same judge or clerk the 
further oath or affidavit that in any and every appointment or removal to be made 
by them to or from the police force created and to be organized by them under 
this article, they will in no case and under no pretext appoint or remove any police- 
man or officer of police or other person under them, on account of the political 
opinions of such police officer or other person, or for any other cause or reason 
than the fitness or unfitness of such a person, in the best judgment of such com- 
missioners, for the place for which he shall be appointed, or from the place from 
which he shall be removed. The said oaths or affirmations shall be recorded and 
preserved among the records of the said circuit court. One of their number shall, 
from time to time, be appointed by the said commissioners treasurer of said board 
of police; and his appointment, when made, shall be certified to by the clerk of 
the circuit court of the judicial circuit in which said cities shall be located, under 


*This police act was upheld by the Supreme Court in State ex rel. vs. Mason, 153 
Mo. 23, its validity being fully sustained, and in this case as well as the later case of 
State ex rel. vs. Stobie, 92 Southw. 191; s. c. 194 Mo. 14, the history of the police acts 
were discussed in the opinions, as well as the principles upon which these acts rest. In 
the latter case Sec. 14 of the Scheme was held to be annulled in so far as it purported 
to confer authority on the St. Louis city police force to act in the county of St. Louis. 

(6) The act of 1899 is really an amendment of the act 1860-1861, although it pur- 
ports to repeal the latter: State ex rel. vs. Mason, 153 Mo. 25. But in so far as differing 
therefrom of course repeals the old law: State ex rel. vs. Stobie, 194 Mo. 14, (see both 
majority and dissenting opinions.) 


Wren 1] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 175 


the seal of said court. Said treasurer shall hold his office for such time as may be 
designated by the commissioners, who may remove him at pleasure. Before he 
enters upon the duties of his office as treasurer, he shall give bond to the State of 
Missouri, with one or more sureties, in the penalty of ten thousand dollars, con- 
ditioned for the faithful discharge of his duties as treasurer of the board 
of police, and for the faithful application and payment over, pursuant to the 
order and direction of said board, of all moneys which may come to his hands as 
such treasurer. The bond of the treasurer shall be approved by a judge of the 
circuit court of the judicial circuit in which said cities shall be located and shall 
be delivered to and safely kept by the treasurer of said cities. The boards shall 
appoint a secretary to act as such for the board of police commissioners, to serve 
for the same time and in the same manner as other officers, and such appoint- 
ments shall be additional to the number of appointments hereinafter provided for: 
Provided, that his salary shall be determined and fixed by the boards of police 
commissioners, and no other provisions of this article shall apply in the determin- 
ation of the amount of said salary.A majority of the boards of police shall constitute 
a quorum; and the failure or refusal of the mayor or acting mayor of said cities 
to qualify or act hereunder, shall in nowise impair the right or duty of said com- 
missioners to organize and proceed as herein provided. In case a vacancy shall 
occur on said board, the same shall be filled by the governor of the State of Mis- 
souri forthwith, after having been notified that such vacancy exists. Anyone of 
said commissioners, who, during his term of office, shall accept any other place of 
public trust or emolument, or who, during the same period, shall knowingly re- 
ceive any nomination for an office elective by the people, without publicly declin- 
ing same within tenty days succeeding such nomination, or shall become 
a candidate for the nomination for any office at the hands of any political party, 
shall be deemed to thereby forfeit or vacate his office. Any of said commission- 
ers may be removed by the governor of the State of Missouri upon his being fully 
satisfied that the commissioner is guilty of any official misconduct. (Ib., p. 52, 
sec. 3. R.S. 1899, sec. 6210—c.) 

Sec. 430. Governor to appoint commissioners.—The governor of the State of 
Missouri, by and with the advice and consent of the senate, shall appoint the four 
commissioners provided for in section 3 of this article [sec. 429 above] and said 
commissioners shall hold their offices for four years and until their successors shall 
have been appointed and qualified. The governor shall issue commissions to the 
persons so appointed, designating the time for which they are appointed in case the 
appointment is to fill an unexpired term occasioned by death, resignation or any 
other cause, and whenever the term of office of any commissioner expires, the ap- 
pointment of his successor shall be for four years. The commissioners now 
holding offices under existing laws in any city of this state to which this act ap- 
plies, are to hold their offices until the expiration of their terms, and their suc- 
cessors are duly appointed and qualified. (Ib., p. 53, sec. 4. R.S. 1899, sec. 6211.) 

Sec. 431. Duties of commissioners.—The duties of the boards of police 
hereby created shall be as follows: They shall, at all times of the day and night, 
within the boundaries of said cities, as well on water as on land, preserve the pub- 
lic peace, prevent crime and arrest offenders; protect the rights of persons and 
property; guard the public health; preserve order at every public election, and at 
all public meetings and places, and on all public occasions; prevent’ and remove 
nuisances on all streets, highways, waters and other places; provide a proper po- 
lice force at every fire for the protection of firemen and property; protect emi- 
grants and travelers at steamboat landings and railway stations; see that all laws 
relating to elections and to the observance of Sunday, and regulating pawnbrokers, 
gamblers, intemperance, lotteries and lottery policies, vagrants, disorderly per- 
sons, and the public health are enforced. They shall also enforce all laws and all 
ordinances passed or which may hereafter be passed by the common council or 
municipal assembly of said cities, not inconsistent with the provisions of this article 
er any other law of the State, which may be properly enforceable by a police force. 
In case they shall have any reason to believe that any person within said cities in- 
tends to commit any breaches of the peace, or violation of the law or order beyond 
the city limits, any person charged with the commission of crime in said cities and 
against whom criminal process shall have issued, may be arrested upon the same 
in any part of this state by the police force created or authorized by this act: Pro- 
vided, however, that before the person so arrested shall be removed from the 
county in which such arrest is made he shall be taken before some judge or 
justice of the county, to whom the papers authorizing such arrest shall be sub- 
mitted; and the person so arrested shall not be removed from said county, but 
shall forthwith be discharged, unless such judge or justice of the peace shall en- 
dorse and approve said papers. The said police commissioners, or either of them, 

shall have the power to administer oaths or affirmations in the premises, to any 


(c) Under the act of 1860 the members of the police force are the executive officers 
of the board when it is not in session, and not the mayor: Francis vs. Blair, 96 Mo. 515. 


176 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. 


person appearing or called before them. They shall also have the power to sum- 
mon and compel the attendance of witnesses before them, whenever it may be 
necessary for the more effectual discharge of their duties. (Ib., p. 35, sec. 5. R. 
S. 1899, sec. 6212—d.) 


Sec. 432. May appoint and employ permanent police force—number of— 
term, etc.—To enable the said boards to perform the said duties imposed upon 
them, they are hereby authorized and required to appoint, enroll and employ a 
permanent police force for the said cities, which they shall equip and arm as they 
may judge necessary. The number of policemen to be appointed shall not be less 
than twelve hundred and fifty patrolmen and one hundred and fifty probationary 
patrolmen; provided, however, that appointees constituting the increase of patrol- 
men authorized by this act shall serve one year as probationary patrolmen before 
attaining the rank of patrolmen; the number of detectives to be appointed shall 
not be less than twenty-five; the number of turnkeys to be appointed shall not be 
less than thirty-five, and in the appointment of such turnkeys, retired and disabled 
policemen shall be given the preference, together with the officers hereinafter 
mentioned, and such number may be increased to such additional force as extraor- 
dinary emergencies may require, and any act of the municipal assembly or common 
council tending to diminish the number of men above specified shall be null and 
void. The boards alone shall have the power to determine whether such extraor- 
dinary emergencies requiring additional patrolmen exist or not, and their finding 
in the matter is not subject to review by any other power. Said boards shall cause 
the force of sergeants, patrolmen and probationary patrolmen in such cities to be 
divided as equally as may be into three platoons, and thereafter eight hours shall 
constitute the time of regular service for the members of each platoon during any 
one day of twenty-four hours. Nothing herein, however, shall be so construed 
as to prevent the Board of Police Commissioners in any city from suspending the 
operation of such rule fixing the time of regular daily service of such police offi- 
cers in case of existing emergencies, and said board shall have full power to de- 
termine the existence and duration of such emergencies, and its finding in respect 
thereto shall not be subject to review by any other power. No person shall be 
appointed or employed as policeman, detective, turnkey or officer of police who 
shall have been convicted of, or against whom any indictment may be pending for 
any offense, the punishment of which may be confinement in the penitentiary; 
nor shall any person be so appointed who is not of good character, or who is not 
a citizen of the United States or who is not able to read and write the English 
language, or who does not possess ordinary physical strength and courage. The 
patrolmen, detectives and turnkeys hereafter appointed shall serve while they 
shall faithfully perform their duties, and possess mental and physical ability, and 
be subject to removal only for cause at the hearing by the board who are hereby 
invested with the exclusive jurisdiction in the premises. (Laws 1907, p. 113, 
amending Laws 1903, p. 92, amending R. S. 1899, sec. 6213—e.) 


Sec. 433. Officers of police—rank—number—bond.—tThe officers of police 
shall be as follows: One chief of police, with rank of colonel, who shall give 
bond, with security, in the penal sum of twenty thousand dollars ($20,000), for 
the faithful performance of his duties; one assistant chief of police, with rank of 
lieutenant-colonel; one chief of detectives, with rank of major; one assistant chief 
of detectives, with rank of lieutenant; one inspector, with rank of major; one 
secretary of the chief; one superintendent of Bertillon system; fourteen captains; 
fourteen lieutenants, and one hundred and thirty sergeants. They shall have 
commissions issued to them by the board of police commissioners and those here- 
after commissioned shall serve while they shall faithfully perform their duties, 


(d) State vs. Boyd, 108 Mo. App. 1. e. 524-525; See also State ex rel. vs. Stobie, supra. 


(ec) As to the reasonableness of the number of the force (under the act of 1899 
before the above amendment) see State ex rel. vs. Mason, 153 Mo. 238, also holding 
that there was no delegation of authority to the board contemplated to determine the 
number of men. The term for which a policeman is appointed was four years, and 
1f he holds over after the expiration of that time it is not a new appointment by 
implication for another four years, but he becomes a mere locum tenens, and may be 
discharged by the board at will without notice, nor does the former provision giving 
an officer who has faithfully performed his duty a preference for reappointment change 
this result: State ex rel. Rife vs. Hawes, 177 Mo. 360 (overruling State ex rel. Campbell 
vs. Board, 14 Mo. App. 308, s. c. 88 Mo. 144, which held that where there was no 
definite period of appointment the law fixed it at four years). But during the term 
for which the officer was appointed he could not be removed without notice and 
a hearing, and if so illegally removed he could mandamus the board to issue a warrant 
for his salary: State ex rel. Gieselman vs. Hawes, 177 Mo. 387, following State ex rel. 
vs. Chapman, 153 Mo. 194. The tenure of a captain is not a definite term of four years 
but indefinite, depending on the pleasure of the board: State ex rel. Young vs. Hawes, 
177 Mo. 393; State ex rel. vs. Huebler, 177 Mo. 398. As to removal of turnkeys see State 
ex rel. Bruce vs. Hawes, 177 Mo. 394; State ex rel. Rife vs. Hawes, 177 Mo. 360, 382 
(holding that a turnkey held at the pleasure of the board). 


ART. 1.) STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. V7 


and possess mental and physical ability, and be subject to removal only for cause 
after a hearing by the board, who are hereby invested with the exclusive juris- 
diction in the premises. (Laws 1907, p. 114, amending R. S. 1899, sec. 6214—-f.) 

Sec. 434. Compensation of police.—The chief of police shall receive five 
thousand dollars ($5,000.00) per annum, payable in monthly installments; the as- 
sistant chief of police shall receive thirty-eight hundred dollars ($3,800.00) per 
annum, payable in monthly installments; the chief of detectives shall receive 
thirty-five hundred dollars ($38,500.00) per annum, payable in monthly install- 
ments; the assistant chief of detectives shall receive eighteen hundred dollars 
($1,800.00) per annum, payable in monthly installments; the secretary of the po- 
lice board shall receive a salary of twenty-five hundred dollars ($2,500.00) per 
annum, payable in monthly installments; the inspector shall receive twenty-five 
hundred dollars ($2,500.00) per annum, payable in monthly installments; the sec- 
retary to the chief shall receive two thousand dollars ($2,000.00) per annum, 
payable in monthly installments; the superintendent of the Bertillon system shall 
receive eighteen hundred dollars ($1,800.00) per annum, payable in monthly in- 
stallments; each captain shall receive twenty-four hundred dollars ($2,400) 
per annum, payable in monthly installments; each lieutenant shall receive fifteen 
hundred dollars ($1,500.00) per annum, payable in monthly installments; each 
sergeant shall receive thirteen hundred and eighty dollars ($1,380.00) per annum, 
payable in monthly installments; each detective shall receive thirteen hundred 
and eighty dollars ($1,380.00) per annum, payable in monthly installments; each 
patrolman shall receive ten hundred and eighty dollars ($1,080.00) per annum, 
payable in monthly installments; each probationary patrolman shall receive seven 
hundred and eighty dollars ($780.00) per annum, payable in monthly install- 
ments; each turnkey shall receive seven hundred and eighty dollars ($780.00) 
per annum, payable in monthly installments. The rate of salaries herein pro- 
vided shall not be less than the amounts above enumerated, and any act of the 
municipal assembly or common council of the said cities tending to lower .the 
above scale shall be null and void. It shall be the duty of the municipal assembly 
or common council of the said cities to make the necessary appropriation for the 
expense of maintenance of said police force in the manner hereinafter provided. 
fib: p..5b5, sec. 8. Re So 1899, sec: 6215.) 

Sec. 435. Vacancies, how filled—promotions—relief—rules, etc.—When any 
vacancy shall take place in any grade of officers, it shall be filled from the next 
lowest grade: Provided, however, that probationary patrolmen shall serve at 
least one year as such before being promoted to the rank of patrolman; 
patrolmen shall serve at least three years as such before being  pro- 
moted to the rank of sergeant; sergeants shall serve at least one year as such be- 
fore being promoted to the rank of lieutenant; lieutenants shall serve at least one 
year as such before being promoted to the rank of captain; and in no case shall 
the chief or assistant chief be selected from men not members of the force or below 
the grade of captain. Patrolmen shall serve at least three years as such before 
promotion to the rank of detective; the inspector shall be taken from men in the 
rank not below the grade of lieutenant. The boards of police are hereby authorized 
to make all such rules and regulations, not inconsistent with this act, or other 
laws of the state, as they may judge necessary, for the appointment, employment, 
uniforming, discipline, trial and government of the police, and for the relief and 
compensation of members of the police force injured in person or property in the 
discharge of their duties, and the families of the officers or men killed while in 
such discharge of duty: Provided, that the allowance shall not exceed, in any one 
instance, twelve months’ pay. The said boards shall also have power to require 
of any officer or policeman bond with sureties, when they may consider it de- 
manded by the public interests. All lawful rules and regulations of the boards 
shall be obeyed by the police force on pain of dismissal, or such lighter punish- 
ment, either by suspension, fine, reduction or forfeiture of pay, or otherwise, as 
the boards may adjudge. (Ib., p. 55, sec. 9. R. S. 1899, sec. 6216.) 

Sec. 436. Police officers to receive no gratuity.—No officer of police or 
policeman shall be allowed to receive any money or gratuity or compensation for 
any service he may render without the consent of the said boards; and all such 


(f) As to holding over after term and removal with or without notice and preference 
for reappointment, see preceding note. The power to determine whether a policeman 
has faithfully performed his duties is vested in the board and is not subject to review 
by the court: State ex rel. Rife vs. Hawes, 177 Mo. 360, 379. Under the former act 
the board appointed the chief for a fixed time; where however they expressly did 
not fix the time it was held that the law fixed it at four years and that he could not 
be removed without cause before the end of the term: State ex rel. Campbell vs. 
Board, 14 Mo. App. 297, affirmed 88 Mo. 144; but that case was expressly overruled 
by the later case of State ex rel. Rife vs. Hawes, 177 Mo. 360. The chief may be 
Suspended pending trial: State ex rel. Campbell vs. Board, 16 Mo. App. 48 He is 
entitled to the benefit of counsel at the trial; so held in State ex rel. Kiely vs. Board 
of Police Commissioners, (Supreme Court in bane Feb. 26, 1906; no opinion was filed 
in the cause, to the time of this writing). The police are both state and city officers: 
See infra Sec. 451 and note to Art. IV, Sec. 43 of Charter. 


178 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP, 24. 


moneys as any policeman or police officer may be so permitted to receive, shall be 
paid over to the boards, and together with all the proceeds of all fines, forfeitures 
and unreclaimed property which may come to the possession of said boards, or to 
be recovered by them under the provisions of this act, or any other law, or ordi- 
nance, shall be disposed of in accordance with rules adopted by the said boards, 
subject to the provisions of the laws of this state controlling and directing the dis- 
pensation of such funds. (Ib., p. 56, sec. 10. R. S. 1899, sec. 6217.) 

Sec. 437. The boards to have office furniture, etc.—The said boards shall be 
and they are hereby authorized to provide themselves with such office and office 
furniture, and such clerks and subordinates as they shall need; and to have and 
use a common seal. They shall divide the said cities into twelve police districts, 
and provide in each of them, if necessary, a station house or houses, with all 
things and equipments required for the same, and all such other accommodations 
as may be required for the use of the police. The said boards, for all the purposes 
of this act, shall have the use of the fire alarm telegraph of said cities for police 
purposes, and all station houses, watch-boxes, firearms, equipments, accoutrements 
and other accommodations and things provided by said cities, for the use and 
service of the police, as fully and to the same extent as the same are now used 
by or for any present police, or as fully and to the same extent as the same may 
be used by any police force in any of the cities to which this act may hereafter 
apply; and the mayor and common council or municipal assembly, and all persons 
and municipal officers in charge thereof, are hereby ordered and required to allow 
such use accordingly. In case the said mayor and common council or municipal 
assembly of any [of] said cities, or its officers or agents, refuse or neglect to allow 
such use, as and whenever the same shall be required by the boards created by 
this act, or refuse to set aside and appropriate the revenue necessary to carry out 
the provisions of this act, or place obstructions or hindrances in the way of the 
proper discharge of the powers of said boards, the said boards may apply to the 
circuit courts of the judicial circuit in which said cities may be located, in the 
name of the state, for a mandamus to compel a compliance with the provisions of 
this section, and the application thereof shall be heard and decided by the court. 
One week’s notice of the application shall be given, and the respondent or re- 
spondents shall have the right to answer within the week; and if testimony be 
needed on either side, the same shall be taken within ten days atfer the same is 
filed, or the said week shall be expired. From the decision of the circuit court in 
the premises either party may appeal within ten days; and it shall be the duty of 
the clerk of said courts to send up the record immediately, and the appeal shal} be 
heard immediately by the supreme court, if then in session, and if not in session, 
at the next term. In both courts the case shall be taken up and tried in preference 
to all others. (Ib., p. 56, sec. 11. R. S. 1899, sec. 6218—g,) 

Sec. 438. Sheriff to aid in maintaining public peace.—It shall be the duty of 
the sheriff of the county or city in which any of the cities to which this act may 
apply shall be located, whenever called on for that purpose by said boards, to act 
under their control for the preservation of the public peace and quiet; and, if 
ordered by them to do so, he shall summon the posse commitatus for that pur- 
pose, and hold and employ such posse subject to their direction; whenever the ex- 
igency or circumstances may, in their judgment, warrant it, the said boards shali 
have the power to assume the control and command of all conservators of the 
neace of the county or city in which any of the cities to which this act may apply, 
whethe1 sheriff, constable, policemen or others, and they shall act under the or- 
ders of the said boards and not otherwise. (Ib., p. 57, sec. 12. R. S. 1899, sec. 
6219—h). 

Sec. 489. Boards to make estimate, etc.—lIt shall be the duty of said boards, 
within thirty days after this act shall take effect, and annually thenceforward on 
the 35lst day of March of each year to prepare, in writing, an estimate of the suin 
of money which will be necessary for each current fiscal year, to enable them to 
discharge the duties: hereby imposed upon them, and to meet the expenses of the 
police department, and they shall forthwith certify the same to the board of com- 
mon council or municipal assembly, as the case may be, of said cities, who are 
hereby required to set apart and appropriate the amount so certified, payable out 
cf the revenue of said cities, after having first deducted the amount necessary to 
pay the interest upon the indebtedness of said cities, the amount necessary for the 
expenses of the city hospital and health department, the amount necessary for 
lighting the city, and any sum required by law to be placed to the credit of the 
sinking fund of said cities. The said boards of police commissioners shall pass 


(e) See State ex rel. vs. Mason, 153 Mo. 23. 


(hk) A member of the posse comitatus called during the street car strike of 
1900 was a conservator of the peace and not entitled to a reward for services within 
the scope of his duties but after their cessation occupied the same position as a private 
person and could recover under promise of reward from the street car companiés: 
Cornwell vs. Transit Co., 100 Mo. App. 258, 262. 


ART. 1.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 179 


upon all claims presented against them for the expenses incurred in the discharge 
of their duties as herein provided and shall certify, by their president and secre- 
tary, all such claims as are entitled to payment and all salary rolls for salaries as 
provided in this act, and such claims and salary rolls, when so certified, shall be 
duly audited and paid by the proper disbursing officer or officers of said cities 
within five days after being audited, out of any moneys in the city treasury not ap- 
propriated to the specific purposes above enumerated: Provided, however, that 
the amount of said claims and salary rolls so certified shall not exceed, in any one 
year, the amount so, as aforesaid, estimated for that year to the common council 
or municipal assembly of said cities aforesaid. The common council or municipal 
assembly of said ctiies shall have no power or authority to levy or collect any taxes 
or appropriate any money for the payment of any police force, other than that 
organized and employed under this act. No officer or servant of the mayor or the 
common council or municipal assembly of said cities shall disburse any money for 
the payment of any police force other than that organized and employed under this 
act, and the power of said mayor and common council or municipal assembly to 
appropriate and disburse money for the payment of the police force organized and 
employed under this act shall be exercised as in this section directed and not 
otherwise. (Ib., p. 57, sec. 13. R. S. 1899, sec. 6220—i.) 

Sec. 440. Interference with the enforcement of this act, how punished.— 
Any officer or servant of the mayor or common council or municipal assembly of 
the said cities, or other persons whatsoever, who shall forcibly resist or obstruct 
the execution or enforcement of any of the provisions of this act or relating to the 
same, or who shall disburse any money in violation thereof, or who shall hinder 
or obstruct the organization or maintenance of said board of police, or the police 
force hereinbefore provided to be organized and maintained, or who shall main- 
tain or control any police force other than the one herein provided for, or who 
shall delay or hinder the due enforcement of this act by failing or neglecting to 
perform the duties by this act imposed upon him, shall be liable to a penalty of 
one thousand dollars ($1,000.00) for each and every offense, recoverable by the 
boards by action at law in the name of the state, and shall forever thereafter be 
disqualified from holding or exercising any office or employment whatsoever under 
the mayor or common council or municipal assembly of said cities, or under this 
act: Provided, however, that nothing in this section shall be construed to inter- 
fere with the punishment, under any existing or any future laws of this state of 
any criminal offense which shall be committed by the said parties in or about the 
resistance, obstruction, hindrance, conspiracy, combination or disbursement afore- 
Beem tLD, ep. 5, sec. 1.4: RS. 1899 sec..6221.) 

Sec. 441.. Parties Arrested—Disposal—Sureties, etc.—The commissioners of 
police shall cause all person arrested by the police to be brought beforesome justice 
of the peace or other proper magistrate within said cities, to be dealt with according 
to law. Proper police officers in charge of police station houses may, if the offense 
charged against any person is a bailable one, at the request of such person, take 
from him a recognizance in such sum as may seem to be sufficient and proper with 
sufficient sureties for his appearance at the proper time before some justice of the 
peace or other proper magistrate; but no attorney-at-law, police officer, constable 
or his deputy, and no official or employe holding office under the municipality of 
the said cities, or the state of Missouri, and no clerk in the employ of such officer, 
officials or employes shall be accepted as surety upon such bond or bonds; the 
proper officers in charge of said station houses may administer oaths to parties 
qualifying as such surety or sureties; and may refuse to receive as such surety or 
sureties any and all parties with unsavory reputations or who as _ professional 
bondsmen, tend to defeat the ends of justice, and no one shall be accepted as 
bondsman who shall have standing against him an unsatisfied judgment rendered 
on a forfeited bond; such proper police officers in charge of police stations may, 
prior to the appearance of any person arrested before some justice of the peace or 
other proper magistrate, refuse to admit to the presence of arrested persons con- 
fined in stations, all persons who have the reputation of being what is known as 
grafters or shysters, or those attorneys who are guilty of the practice of soliciting 
Sisiness,. (Ib:, p..58, sec. 15. R.-S: 189.9, secs 6222.) 

Sec. 442. sertillon system department.—The boards of police commissioners 
shall establish the Bertillon system of identification of criminals and others by 
means of anthropometric indications, which shall be placed in charge of the super- 
intendent of the Bertillon system provided for in section 7 [6214], and they are 


(4) See Scheme Sec. 14. The police of the City have no right to act in the 
County of St. Louis (annulling so much of Sec. 14 of the Scheme as purports that they 
have: State ex rel. vs. Stobie, 194 Mo. 14 (Marshall and Valliant dissenting). See also 
iharter Art. Ill; Sec. 26, clause 2; also 76 Art. XVI, Sec. 16, which latter, however, is 
inconsistent with the above act of 1899 which requires the city to pay the police 
expenses according to the estimate of the Board, which estimate in itself operates as an 
appropriation, and the assembly is powerless to disregard same: State ex rel. vs. 
Mason, 153 Mo. 238. 


180 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24. 


further required to employ such additional assistance as may be necessary to prop- 
erly conduct and manage this department. (Ib., p. 59, sec. 16. R. S. 1899, sec. 
6223.) 

Sec. 443. Boards to keep journal of their proceedings.—The boards shall 
cause a full journal of their proceedings to be kept, and shall also cause all their 
receipts and disbursements of money to be faithfully entered in books to be pro- 
cured and kept for that purpose, and said journal, and all said books, and all other 
documents in possession of said boards, shall always be open to the inspection of 
the general assembly of the state of Missouri or any committee appointed by it for 
that purpose. It shall be the duty of the boards to report to the common council 
or municipal assembly of the said cities at each annual session thereof, the num- 
ber and expenses of the police force employed by them under this act, and all such 
other matters as may be of public interest, in connection with the duties assigned 
them by this act. (Ib., p. 59, sec. 17. R. S. 1899, sec. 6224.) 

Sec. 444. Mounted police.—The boards, whenever and for so long a time as 
may be necessary, is [are] authorized, out of the force hereinafter provided for, 
to appoint, mount and equip as many policemen as they may deem necessary for 
duty in the parks, outskirts and such other portions of the said cities as the board 
may deem necessary. (Ib., p. 59, sec. 18. R. SS. 1899, sec. 6225—j.) 

Sec. 445. Proceedings to suppress gambling.—Whenever the president or 
acting president of said board shall have the knowledge or shall receive satisfactory 
information that there is any prohibited gaming table or other gaming device or ap- 
paratus used in gambling, or any books, instruments, boards or devices used in re- 
cording or registering bets or wagers or selling pools, kept or used in any of said 
cities, he shall have the power to issue a warrant, directed to some officer of the police 
force under said board, to seize and bring before him such gaming table or other 
gambling device or apparatus used in gambling, or such books, instruments, boards 
or devices used in recording or registering bets or wagers or selling pools, and to 
arrest such person or persons as may be in charge of, conducting, owning or operat- 
ing such table, device, apparatus, books, instruments, boards or devices so used; and 
upon the service of such warrant or warrants and seizure of any such table, device, 
apparatus, books, instruments, boards or devices, under such warrant or warrants, 
said acting president shali set a day, not less than five days nor more than ten days 
_after the date of such service and seizure, for determining whether such property so 
seized is the kind of property mentioned in this act, anu was so used or held for 
gambling purposes, or for recording or registering bets or wagers or selling pools. A 
written notice of the date or place of such hearing shall be given the owner or owners 
of such property by posting a copy of such notice in a conspicuous place on the 
premises in which said property is seized, at least five days before the date of said 
hearing, and such owner or owners may appear at such nearing and defend against the 
charges as to the nature and use of the property so seized, and said acting president 
shall determine, from the evidence produced at such hearing, whether the property is 
the kind of property, and was used or held for the purpose hereinbefore mentioned; 
and said acting president is hereby declared to be, and is constituted a magistrate and 
clothed with jurisdiction and power to issue such warrants in the same manner, and 
with like effect as warrants are now issued by justices of the peace, and to determine 
judicially the character, nature and use of the property so seized: Provided, that 
persons arrested under such warrants shall be sent before the judge of the police 
court or other proper magistrate of the said cities, together with the charges filed 
against them, and a list of witnesses to be summoned on part of the prosecution, and 
said judge of the police court shall thereupon have jurisdiction to try such persons as 
provided: by law. (Ib., p. 59, sec. 19. R. S. 1899, sec. 6226.) 

Sec. 446. Power of officers to break doors.—The officer charged with the 
execution of such warrants shall have the power to break open doors for the purpose 
of executing the same and for that purpose may have the assistance of the whole 
police force. (Ib., p. 60, sec. 20. R. S. 1899, sec. 6227.) ; 

Sec. 447. Gambling devices, etc., to be destroyed.—It shall be the duty of 
such president or acting president before whom any such prohibited gambling table or 
other gaming device or apparatus used in gambling, or books, instruments, boards, or 
devices used in recording or registering bets, or selling pools, shall be brought, in case 
he decides after hearing, that such property so seized was used or held for gambling 
purposes, or for recording or registering bets or wagers, or selling pools, to cause the 
same to be publicly destroyed by burning or otherwise. (Ib., p. 60, sec. 21. R. S. 1899, 
sec. 6228.) 

Sec. 448. Proceedings where property has been stolen.—Upon complaint be- 
ing made, on oath, to the president or acting president of the board, that any personal 
property has been stolen or embezzled and that the complainant suspects that such 
property is concealed in any particular house or place in any of said cities, if such 
president or acting president shall be satisfied that there is reasonable ground for sus- 


x i? Section referred to in State ex rel. vs. Stobie, 92 Southw. 191, 202, S. C. 194 
(Oy 3 


ART. 1-2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. IS] 


picion, he may issue a warrant to search for such property, and said president or act- 
ing president is hereby declared to be and is constituted a magistrate and clothed with 
judicial functions and powers to issue such warrants in the same manner and with 
like effect as warrants are now issued by justices of the peace. (lIb., p. 60, sec. 22. 
R. S. 1899, sec. 6229.) 

See. 449. Warrants, how directed.—Suck ~.arrauts shall be directed to some 
officer of the police force and shall command him to search the place where such 
property is suspected to be concealed, which place shall be designated and the property 
particularly described in such warrant, and to bring such stolen property before the 
police justice or some justice of the peace of said cities, and upon the return of such 
warrants to such justice he shall proceed thereon in like manner as if such warrants 
had been by him issued. (Ib., p. 60, sec. 23. R. S. 1899, sec. 6230.) 

Sec. 450. No fee allowed, when.—No fee shall be allowed for the issue or 
execution of the warrants aforesaid. (Ib., p. 60, sec. 24. R.S. 1899, sec. 6231.) 

Sec. 451. Police made officers of the city and state.—The members of the po- 
lice force of the cities covered by this act organized and appointed by the police com- 
missioners of said cities, are hereby declared to be officers of the said cities, under the 
charter and ordinances thereof, and also to be officers of the state of Missouri, and 
shall be deemed and taken in all courts having jurisdiction of offenses against the 
laws of this state or the ordinances of said cities. (Ib., p. 60, sec. 25. R. S. 1899, sec. 
6232—k.) 

Sec. 452. Boards to license private watchmen.—The police commissioners of 
the said cities shall have power to regulate and license all private watchmen, pri- 
vate detectives and private policemen, serving or acting as such in the said cities, 
and no person shall act as such private watchman, private detective or private 
policeman in said cities without first having obtained the written Icense of the 
president or acting president of said police commissioners of the said cities, under 
pain of being guilty of a misdemeanor. (Ib., p. 61, sec. 26. R. S. 1899, sec. 6233.) 


ARTICLE II. 
PENSIONS OF POLICEMEN. 


Whereas, an act was passed By the general assembly of the state of Missouri, 
approved April 22, 1891, entitled ‘‘An act amending section 10, article 29, of the 
police law as it applies to the city of St. Louis,’’ which act also amended section 
eleven (11) of said police law; and 

Whereas, by reason of the omission of any reference to said section eleven 
(11) in the title of said act, doubts have arisen as to the validity of that portion of 
said act amending said section eleven (11); now, therefore, 

Section 1. Section eleven (11) of article twenty-nine (29) of laws specially 
applicable to the city of St. Louis, of the Revised Statutes of 1889, entitled ‘‘Po- 
lice,’ is hereby amended, so as to read as follows: 

Section 453. Vacancies—how filled—rules and regulations.— Whenever any 
vacancy shall take place in any grade of officers except the chief, it shall be filled 
from the next lowest grade, if competent men can be found therein. The board of 
police commissioners are hereby authorized to make all such rules and regulations, 
not inconsistent with this act, as they may judge necessary for the appointment, 
employment, uniforming, disciplining, trial and government of the police, and for 
the relief and compensation of members of the police force injured in person or 
property in the discharge of their duty, and the families of the officers or mem 
killed while in such discharge of duty. And whenever any person is employed by 
said board as a policeman, such employment shall be upon the following condi- 
tions: 

Sec. 454. Compensation, in case of disability of policemen.—/fFirst—tThat if 
the person so employed shall become physically disabled while in and in conse- 
quence of the performance of his duty as such policeman, said board shall, upon 
his written request, or without such request if the board deem it for the good of 
the police force, retire such person from active service, and order and direct that 
during the continuance of such disability he shall be paid from the funds provided 
by the municipal assembly for the payment of the police force of said city, a 
monthly salary not exceeding one-half the amount of the salary attached to the 
rank which he may have held on said police force for one year next preceding such 
retirement: Provided, that no person shall be retired and paid as aforesaid, un- 
less there shall be filed with said board certificates of disability, which certificates 
shall be subscribed and sworn to by said person, and by the police surgeon, if there 
be one, and by two physicians in good standing in said city; and such board may, 
if it thinks proper, require other evidence of such disability before ordering such 
retirement and payment as aforesaid. 


(k) Police are both state and city officers: See cases under note to Charter Art, 
IV, Sec. 43 


182 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 24-25. 


Sec. 455. Compensation to family in case of death.—Second—That if the 
person so employed as policeman shall lose his life while in and by reason of the 
performance of his duty as such policeman, or shall thereby receive injuries from 
which he shall thereafter die, leaving a widow, or child or children under the 
age of 16 years, then upon satisfactory proof of such facts made to it, such board 
shall order and direct that a monthly payment, equal to one-half the amount of 
the salary attached to the rank which said policeman held on said police force at 
the time of his death, shall be paid to the widow during her life, from the funds 
provided by the municipal assembly for the payment of the police force of said 
city, and if there be no widow, then to such child or children until they shall be- 
come 16 years of age; but if such widow shall marry, then such payment shall 
cease. 

Sec. 456. May retire after 20 years’ service—compensation.—Third—tThat 
any person so employed, who shall serve for the period of 20 years or more, may 
in the discretion of said board be retired from active service, and be thereafter 
paid during his natural life a yearly salary equal to one-half the amount of the 
salary attached to the rank which he may have held on such police force for one 
year next preceding his retirement: Provided, that any person who is retired 
from active service under this section on account of disability may be summoned 
to appear before the board at any time thereafter, and shall submit himself 
thereto for examination as to his fitness for duty, and shall abide the decision and 
order of such board with reference thereto; and all members of the police force 
retired under the provisions of this section, except those retired after 20 years’ 
service, shall report to the chief of police of the city on the of each and every . 
month, and in cases of emergency may be assigned to and shall perform such 
duty as said chief of police may direct, and such person shall have no claim 
against the city for payment for such duty so performed—l. 

No member ot the police force who shall be retired on half pay under this 
section after twenty years’ service, or who shall be retired on half pay on ac- 
count of physical disability as herein provided, shall be entitled to any relief from 
any police relief association organized under section 2885 of the Revised Statutes 
of 1889, nor shall the families of deceased policemen who may be provided for by 
the board of police commissioners under this section be entitled to receive any 
aid from any relief association organized under section 2885 aforesaid. The said 
board shall also have power to require of any officer or policeman bond with 
sureties, when they may consider it demanded by the public interest. All lawful 
rules and regulations of the board shall be obeyed by the police force on pain of 
dismissal, or such lighter punishment, either by suspension, fine, reduction or-~ 
forfeiture of pay, or otherwise, as the board may adjudge. (Laws 1895, sec. 1, 
pp. 234, 235.) 

Sec. 457. Acts repealed.—All acts and parts of acts in conflict with this act 
are hereby repealed. This act to take effect and be in force from and after its 
passage. 


ARTICLE III. 
HOLIDAYS TO OFFICERS OF POLICE. 


Section 458. Holidays to officers in active service.—That the board of police 
commissioners in cities of one hundred thousand inhabitants and over shall grant 
each and every metropolitan police officer, in active service, twenty-four days a 
year. 

No deduction shall be made from the salary of any police officer on account of 
the aforesaid holidays. 

Upon the taking effect of this act, the board of police commissioners of all 
cities of one hundred thousand inhabitants and over shall make an order in- 
structing the chief of police to set apart the days in each month each police officer 
is entitled to under ‘this act. (Acts 18938, p. 59, secs. 1, 2 and 3; R. S. 1899, 
sec. 6205.) 


ARTICLE IV. 


! SPECIAL POLICE OFFICER OF HUMANE SOCIETY. 


Section 459. Appointment and compensation.—In cities wherein not more 
than three incorporated societies for the prevention of cruelty to children and ani- 
mals known as humane societies exist, and the same city having the metropolitan 
police system, it shall be the duty of the board of police of said city to appoint one 
special officer, to each of said societies, to be recommended by the humane society 
which said officer is to represent, whose term of office and wages shall be the 
same as that of a regular policeman. Said special officers shall be subject to the 


(2) This section is void because in violation of that part of the constitution pro- 
hibiting the General Assembly from authorizing any city to grant public money in 
aid of any individual: State ex rel. vs. Ziegenhein, 144 Mo. 283. 


ART. 2-3-4.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 183 


authority of the board of police, but ununiformed in costume, but shall wear over 
his left breast the badge adopted by the humane society which he represents. 
(Laws 1901, amending R. S. 1899, sec. 6168—m.) 


CHAPTER TWENTY-FIVE. 
PHARMACY, PRACTICE OF. 


Section 460. Persons compounding medicines to procure certificate.—Six 
months from and after the passage of this act, no person whatsoever shall, in the 
city of St. Louis, engage in the business of compounding or dispensing medicines or 
prescriptions of physicians, or in the retail of poisons or medicines, without first 
having obtained a written certificate that he is duly competent and qualified to do so 
from the board of pharmacy established by this act, and without having been duly 
registered, as hereinafter provided. (Laws 1874, p. 377, sec. 1. R. S. 1899, p. 2560.) 

Sec. 461. A board of pharmacy created—its duties.—The members of the 
St. Louis college of pharmacy residing in St. Louis shall, two months after the passage 
of this act, and every third year thereafter, during the month of May, elect five of the 
most competent pharmacists of St. Louis to serve as a board of pharmacy. The mem- 
bers of this board shall, within ten days after their election as aforesaid, individually 
take and subscribe before the clerk of the county court [register] of St. Louis, an 
oath faithfully and impartially to discharge the duties prescribed for them by this 
act. They shall hold their respective offices for three years, and until their successors 
are duly elected and qualified; and in case of any vacancy, the trustees of the college 
of pharmacy shall fill the same from two or more nominees elected at a special meet- 
ing of the college of pharmacy. The board shall organize for the transaction of 
business by electing a president and secretary for the whole term. The board shall 
meet at least once every three months; have power to make by-laws for the proper 
fulfillment of their duties, and three members shall constitute a quorum. The duties 
of said board shall be to transact all business pertaining to the legal regulation of the 
practice of pharmacy in the city of St. Louis, and to examine and register pharma- 
cists. Any pharmacist applying for examination shall pay to the secretary a fee of 
five dollars, and, should he pass such examination satisfactorily, he shall be furnished 
with a certificate of his competency and qualifications, signed by the president and the 
examiners. (Laws 1874, p. 377, sec. 2. R. S. 1899, p. 2560.) 

Sec. 462. Duties of the secretary of the board.—lIt shall be the duty of the 
secretary to keep a book of registration open at some convenient place, of which due 
notice shall be given through the public press, in which book shall be registered the 
name and address of every person coming under the provisions of this act, and it 
shall be the duty of all such persons to appear before the secretary for registration, 
within thirty days after this act has gone into operation, and be registered. The fee 
for the registration of pharmacists shall be one dollar. The secretary shall give re- 
ceipts for all moneys received by him, and pay over the same to the treasurer of the 
college of pharmacy, taking his receipt therefor, which money shall be used for the 
purpose of defraying the expenses of the board of pharmacy, and any surplus shall 
be for the benefit of the college of pharmacy. (Laws 1874, p. 377, sec. 3. R. S. 1899, 
p. 2561.) 

Sec. 463. This act not to apply to certain persons.—The foregoing pro- 
visions of this act shall not apply to or affect any person who shall have a diploma or 
certificate from any incorporate college or school of pharmacy, whose diploma or cer- 
tificate is based upon a regular term of service in the drug and apothecary business, or 
who shall have been engaged as proprietor in the drug and apothecary business jn the 
city of St. Louis one year prior to the passage of this act, except only so far as relates 
to the registrations as provided for in sections two and three of this act. (Laws 1874, 
p. 377, sec. 4. R. §. 1899, p. 2561.) 

Sec. 464. Who may compound medicines.—No person shall be allowed by the 
proprietor or manager of any store to compound or dispense the prescriptions of phy- 
sicians (except as in aid under the immediate supervision of the proprietor or his 
qualified assistant) unless he is a graduate in pharmacy, or has had at least four 
years’ experience in stores where prescriptions of medical practitioners are com- 
pounded, and has passed an examination before the board of pharmacy to be created 
by this act, or such foreign pharmacists as shall present satisfactory credentials or 
certificates of their competency and qualifications to the said board of pharmacy. Any 
person violating the provisions of this section of this act shall be deemed guilty of a 
misdemeanor, and on conviction thereof, be liable to a penalty not exceeding one 
hundred dollars. (Laws 1874, p. 378, sec. 5. R. S. 1899, p. 2561.) 

Sec. 465. Responsibility of pharmacists.—Every registered pharmacist, from 
and after the passage of this act, shall be held responsible for the quality of all the 


(m) Half of what fines go to Humane Society: See Rev. C. 1608; Drinking Fountains 
established by Humane Society. R. C. 275. 


184 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP.25-26.] 


drugs, chemicals and medicines he may sell or dispense, with the exception of those 
sold in the original packages of the manufacturer and those known as “proprietary 
medicines;” and should he knowingly, intentionally and fraudulently adulterate or 
cause to be adulterated such drugs, chemicals or medicinal preparations, and shall 
willfully, Knowingly or fraudulently sell or cause the same to be sold for medicinal 
purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be 
liable to a penalty not exceeding one hundred dollars, and, in addition thereto, his 
name shall be stricken from the register. (Laws 1879, p. 38, sec. 1. R. S. 1899, 
p. 2561.) 

Sec. 466. Punishment for violations of this article-—Any person violating 
the provisions of this law shall be deemed guilty of a misdemeanor, and upon convic- 
tion shall be punished by a fine as herein provided, to be recovered for the use and in 
the name of the city of St. Louis, before any court or officer having competent juris- 
diction: Provided, That an appeal shall be allowed the parties so proceeded against 
as in other cases of appeal from justices of the peace. (Laws 1879, p. 38, sec. 2. 
R. S. 1899, p. 2562.) 

Sec. 467. Punishment for fraudulent attempt to procure registration.—Any 
person who shall attempt to procure registration for himself or any other person un- 
der this act, by making or causing to be made any false representation, shall be 
deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a 
penalty not exceeding five hundred dollars. Any person, not registered, who shall 
keep open a shop for the retailing and dispensing of medicines and poisons, or who 
shall fraudulently represent himself to be registered, shall be deemed guilty of a mis- 
demeanor, and, upon conviction thereof, be liable to a penalty of one hundred dollars 
for each and every week during which he shall continue to carry on such business 
without a certificate of registration. (Laws 1874, p. 378, sec. 7. R. S. 1899, p. 2562.) 


CHAPTER TWENTY-SIX. 
REVENUE, ASSESSMENT AND COLLECTION OF. 


Art. I. Assessment of property. 

Art. II. The collector. 

Art. III. Settlements of and deposits by collector. 
Art. IV. Delinquent and back taxes. 

Art. V. Assessment and taxation of railroads. 

Art. VI. Taxation of merchants and manufacturers. 


[The assessment and collection of the revenue in the city of St. Louis is gov- 
erned by the state laws which embrace sections 9118 to 9400, inclusive, Revised 
Statutes of 1899. Those provisions of special application to the City of St. Louis 
only follow,- and in connection therewith should be considered the Charter pro- 
visions on revenue and taxation: Chart. Art. V.] 


ARTICLE I. 
ASSESSMENT OF PROPERTY. 


Sec. 468. Plats and change of assessment, St. Louis city.—The president of 
the board of assessors of St. Louis city shall cause to be prepared plats covering all 
tracts and lots of land in said city, and the county assessor in every county where 
the county court shall have passed an order requiring an alphabetical arrangement 
of the ‘‘land list,’’ shall cause to be prepared plats covering all tracts and lots of 
lands in such county, showing upon the respective pieces of property, as marked 
down on said plats, the names of the persons to whom each tract or lot was as- 
sessed for each year; he shall cause the changes for the assessment of the follow- 
ing years to be marked in different inks, stating on the first leaf of each plat-book 
for what years the different inks were used, and such plats shall not be used to 
record the changes for a longer period than three assessment years on each set of 
plats; and in every such county where an alphabetical arrangement of the “‘land 
list’? shall be adopted by order of the county court, such court shall allow to the 
assessor a reasonable compensation for preparing such plats and procuring the 
books therefor. (R.,S. 1899, sec. 9169—vn.) 

Sec. 469. Collector of St. Louis city and his duty.—The collector of the city 
of St. Louis shall collect the state taxes in the limits of said city in the same man- 
ner and to the some extent, and do and perform all other things and matters apper- 
taining thereto, as fully to all intents and purposes as now required, or which may 
be required of the county collectors. (R. S. 1899, sec. 98334—o.) 


(n) See Charter Art. V, Secs. 26, 18, 19. 

(o) See Charter,_Art. IV, Sec. 24; Art. V, Secs. 30=35; also 75. Sec. 3: 

The collector may establish against a decedent’s estate the claim for school and 
city taxes, in the name of the state to his use and at his relation, whether such taxes 
accrue before or after the death of decedent; and the petition should set out the taxes 
due each year in separate counts: See cases cited in note to Sec. 491 below. 


ART. 1-2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 185 


See. 470. Council of St. Louis city—powers and duties.—The council [assem- 
bly] of St. Louis shall, in all things appertaining to the assessing and collecting 
the state revenue and licenses in the limits of said city, perform and do all things 
which heretofore devolved on the county court of St. Louis county, not otherwise 
provided in the scheme and charter of said city. Whenever the county of St. Louis, 
or the county court of St. Louis county, is mentioned specially in this chapter, it 
shall be taken and understood as applying to the city of St. Louis. (R. S. 1899, 
sec. 9335—.) 

ARTICLE II. 


THE COLLECTOR. * 


Sec. 471. Collector’s bond.—Every collector of the revenue in the various 
counties in this state, and the collector of the revenue in the city of St. Louis, be- 
fore entering upon the duties of his office, shall give bond and security to the state, 
to the satisfaction of the county courts and in the city of St. Louis to the satisfac- 
tion of the mayor of said city, in a sum equal to the amount of ali the revenue to 
be collected by him for any one year, conditioned that he will faithfully and punctu- 
ally collect and pay over all state, county and other revenue for the four years next 
ensuing the first day of March thereafter, and that he will in all things faithfully 
perform all the duties of the office of collector according to law. The official bond 
required by this section shall be signed by at least five solvent sureties. (R. S. 
1899, sec. 9206, amended by Laws 1907, p. 390—4d.) 

Sec. 472. Bond of ex officio collector.—In any county where any officer thereof 
is ex officio collector of the revenue of said county, he shall give bond and security 
as such ex officio collector to the state of Missouri, to the satisfaction of the county 
court of such county, in a sum of at least equal to the amount of all the revenue 
to be by him collected for any one year, conditioned that he will faithfully and 
punctually collect and pay over all state and county revenue during his term as such 
ex officio collector, and that he will in all respects faithfully perform all the duties 
of collector according to the statute laws of the state governing county collectors of 
the revenue. (R.S. 1899, sec. 9207.) 

Sec. 473. Failure to give bond vacates office.—If any collector shall neglect 
or refuse to give bond, as required by the next preceding section, his office shall, 
immediately upon such neglect or refusal, be vacant. (R.S. 1899, sec. 9208—~,.) 

Sec. 474. Bond to be in duplicate—where filed.—Such bond shall be executed 
in duplicate; one part thereof shall be deposited and recorded in the office of the 
clerk of the county court, and the other part shall be transmitted by the clerk to 
the state auditor. (R. S. 1899, sec. 9209.) 

Sec. 475. Shall be a lien against real estate of collector.—Said bond, when 
approved and recorded, shall be a lien against the real estate of such collector 
until he shall have complied with the conditions thereof. (R. S. 1899, sec. 9210—-s.) 

Sec. 476. Not invalidated for informality of assessment.—Any bonds given 
in pursuance of this chapter shall not be considered void, nor shall any surety be 
released from any liability thereon in consequence of any informality in the as- 
sessment, or in making out the assessment lists, nor of any change or alteration in 
the law made by the general assembly, although the same may be made after the 
execution of said bond. (R. S. 1899, sec. 9211.) 

Sec. 477. New bond, when required—books not to be delivered until, when. 
—The collector’s bond, when received by the auditor, shall be carefully examined, 
and if found to be made in conformity to law, and the sureties satisfactory, he 
shall file the same in his office, and immediately certify the fact thereof to the 
clerk of the county court; but if said auditor finds said bond to be not in accord- 
ance with law, or if he has reason to doubt the sufficiency of the security, he shall 
immediately return the bond to the clerk of the county court, who shall notify the 
collector to correct said bond, or make a new bond, as may be required by the 
auditor. If a new bond is required, it shall be approved and recorded, and sub- 
ject to the requirements of this section, the same as the first bond given by the 
collector. No tax-book or lists shall be placed in the hands of the county collector 
until the auditor’s certificate, under the seal of his office, has been received by the 
clerk of the county court, showing that the collector’s bond has been received and 
filed in the auditor’s office. Any evasion of this section by the clerk of the county 


*See Charter Provisions as to bond, powers, duties, ete., Charter, Art. V, Secs. 30 to 
35; and ordinances on these subjects, see Rev. Code, Secs. 2289 et seq. 

Dp) See note to Charter, Art. V, Sec. 1. As to transfer of functions to city officers 
on adoption of Scheme and Charter see note introductory to Charter hereinafter. 


(gq) See 10 Mo. 338; see cases cited infra note 497. 

(rv) So by Charter, Art. V, Sec. 30. 

(s) Creates no lien unless he has a beneficial interest: Morrison vs. Herrington, 
120 Mo. 665; as to what is an immaterial variance in the conditions of the bond, and 


A what time the bond becomes a lien on collector’s realty, see Wimpey vs. Evans, 
o. 144. 


186 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 26. 


court or collector shall subject them each to a penalty of not less than five hundred 
dollars, and all damages and costs to be recovered before any court of competent 
jurisdiction in this state; and the auditor is hereby required to bring suit, without 
delay, for every evasion of the requirements of this section, as soon as the same 
comes to his knowledge—the amount recovered on such fines to be paid into the 
state treasury as revenue fund: Provided, that nothing in this section shall be 
construed as relieving the sureties of a collector from liabilities incurred under a 
bond not approved and filed by the auditor. (R. 8S. 1899, sec. 9212—+t.) 

Sec. 478. Bonds to be examined by county court, when.—The county court 
shall, at the end of the first year, carefully examine the bond given as collector, 
and may again examine the same at any time before the tax-boox of the second 
year of his term shall be delivered to him, and by such examination ascertain if 
the bond be sufficient, and the sureties thereto still solvent and sufficient, and 
upon such examination, if found to be necessary, the court shall require an addi- 
tional bond, as collector, with good security, to be approved by the court, as in the 
taking of the original bond. (R. S. 1899, sec. 9213.) 

Sec. 479. Failure to give additional bond.—If such collector shall fail to 
give such additional bond and security for ten days after he shall be required to do 
so by law, his office of collector shall be vacant. (R.S. 1899, sec. 9214.) 

Sec. 480. Sureties may be discharged, when.—The sureties on any bond 
given in pursuance of this chapter, or either of them, may, at any time after the 
execution of said bond, if they, or either of them, have good reason to believe that 
the officer in said bond is about to fail to comply with the conditions thereof, file 
with the clerk of the county court a notice, in writing verified under oath by the 
person asking to be discharged, setting forth the facts in the case, and asking to 
be released from any further liability on said bond; whereupon the clerk with 
whom such notice shall be filed shall notify the said officer to give additional se- 
curity, equal to the security about to be released by the county court; which no- 
tice may be served by the said clerk, or by any person appointed by said court 
or clerk. If the officer so notified shall not appear and give additional security 
within ten days from the time he may be so notified, the county court may remove 
him from office; and in all such cases the person appointed to fill the vacancy oc- 
casioned by such removal shall execute bond, qualify and perform the duties re- 
quired as such officer: Provided, that if the sureties on any collector’s bond, or 
either of them, shall be satisfied that such collector is making improper use of the 
funds, collected by him, or has absconded or is about to abscond from this state, 
whereby said sureties may become liable to pay any sum or sums of money, it 
shall be lawful for said surety to sue out a writ of attachment against the goods 
and chattels of such collector in like manner as he would be authorized to do if 
said collector was personally indebted to such surety; and the money collected on 
any such attachment shall be paid into the state, county, town or city treasury, by 
the officer collecting the same, in like manner as if paid over by the collector. 
(R. S. 1899, sec. 9215.) 

Sec. 481. Im case of vacancy, duty of successor.—In case of a vacancy, as 
mentioned in the foregoing section, the person appointed to fill such vacancy shall 
execute a bond and collect and pay over the taxes in the same manner as the col- 
lector should have done, and his acts shall be as binding and effectual as the col- 
lector’s would have have been had he completed the collection. The collector so 
appointed may obtain judgment, and sell delinquent lands and lots in like manner 
as the collector would have been authorized to do had he completed such collec- 
tions. (R. 8S. 1899, sec. 9216.) 

Sec. 482. Collector may appoint deputies.—Collectors may appoint deputies, 
by an instrument in writing, duly signed, and may also revoke any such appoint- 
ment at their pleasure, and may require bonds or other securities from such depu- 
ties to secure themselves; and each such deputy shall have like authority, in every 
respect, to collect the taxes levied or assessed within the portion of the county, 
town, district or city assigned to him, which, by this chapter, is vested in the col- 
lector himself; but each collector shall, in every respect, be responsible to the 
state, county, towns, cities, districts and individuals, companies, corporations, as 
the case may be, for all moneys collected, and for every act done by any of his 
deputies whilst acting as such, and for any omission of duty of such deputy. Any 
bond or security taken from a deputy by a collector, pursuant to this chapter, shall 
be available to such collector, his representatives and sureties, to indemnify them 
for any loss or damage accruing from any act of such deputy. (R. S. 1899, see. 
9217—u.) 

(¢) Additional Bond: State ex rel. vs. Lafayette Co., 41 Mo. 545. 

(x) The state is the real party in interest in an action for delinquent taxes and 
if the collector retires from office his successor need not be made a party: See case 
cited infra in note to Sec. 491. The bill cannot in an action be excluded because 
signd by a deputy, and it may be shown that he was in fact such; nor need a person 
subsequently acquiring an interest in the property be made a party: State ex rel. vs. 


Miller, 16 Mo. App. 539. 
As to charter power to appoint deputies see Art. V, Sec. 33. 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 187 


ARTICLE III. 
SETTLEMENTS OF, AND DIEPOSITS BY COLLECTOR. 


Sec. 483. Collector to return delinquent list under oath.—At the term of the 
county court to be held on the first Monday in March, the collector shall return 
the delinquent lists and back tax-books, and in the city of St. Louis the uncollected 
tax-bills and back-tax books, under oath or affirmation, to such court, and settle 
his accounts of all moneys received by him on account of taxes and other sources 
of revenue, and the amount of such delinquent lists, or so much thereof as the 
court shall find properly returned delinquent, shall be allowed and credited to him 
on his settlement. Before allowing the collector such credit for any delinquent 
lists, the county court shall make special inquiry and be fully satisfied that he has 
used due diligence to collect the same, and that he could not find any personal 
property of the tax-payer out of which to make the taxes. If the court is satisfied 
that there are any names on the lists of persons who have personal property out of 
which the taxes could have been made, it shall, in passing upon such lists, strike 
such names therefrom. (R. S. 1899, sec. 9247—v.) 

Sec. 484. Collector St. Louis city to deposit, where.—The collector of the city 
of St. Louis shall, on Monday in each week, deposit in such bank as may be designated 
to him by the treasurer of the state, to the credit of such treasurer, all moneys 
received by him for the state, first deducting the amount of his commission, and 
take from the cashier a certificate of every such deposit, which shall be received 
by the treasurer of the state in payment of the revenue. Such collector, when he 
shall make such deposit, shall transmit to the state auditor an affidavit, setting 
forth the amount of revenue which he has received since the last deposit, and the 
amount retained by him for his commission. Nothing contained in this section shall 
be so construed as to affect in anywise the rate or amount of commission which 
such collector would be entitled to on his final settlement. (R. S. 1899, sec. 
9258—w.) 

Sec. 485. Penalty on collector for failure.—For every failure of the collector 
to deposit the revenue, as required by this chapter, he shall forfeit to the state the 
sum of five hundred dollars, to be recovered of him or his sureties by suit on 
his official bond, and the auditor shall direct the prosecution of such suit immediately 
on the occurrence of such failure. (R. S. 1899, sec. 9259.) 

Sec. 486. Collector’s commissions—county clerk to certify to state auditor.— 
The collector shall receive as full compensation for his services in collecting the reve- 
nue, except back taxes, the following commissions and no more: * * #* 

XII. In all counties or cities wherein the total amount of all such taxes and 
licenses levied for any one year exceeds one million dollars, the collector of revenue 
shall receive, collect and retain, as full compensation for his services, for collecting 
all revenue and other dues which he is authorized to collect, belonging to the state, 
school, county and city, the following commissions, viz.: On current and tax 
revenues as follows: On all sums collected up to and including eighty per cent 
of the total amount of such tax-bills placed in his hands, one-half of one per cent 
commission; on all sums collected over eighty per cent and up to and including 
ninety-five per cent, one per cent commission; on all, sums collected over ninety-five 
per cent, two per cent commission. On licenses and all other dues, except delinquent 
and back taxes, collected in any one year, as follows: When the amount collected 
for the city aggregates eight hundred thousand dollars, or less, two and one-half 
per cent commission; on all licenses and other dues collected for the city in excess 
of eight hundred thousand dollars, four per cent commission; on all such licenses 
collected for the state, three per cent commission. All such commissions hereinbefore 
enumerated shall be deducted and retained by such collector out of the amounts 
collected for state, school, county and city respectively, and, upon settlement with 
such collector, shall be credited to his account and charged to the respective revenue 
accounts. On all back taxes and all other delinquent taxes, he shall be allowed a 
commission of two per cent, which shall be added to the face of the tax-bill and col- 
lected from the party paying such tax as a penalty, in the same manner as other 
penalties are collected anu enforced. The said collector shall pay all salaries and 
other expenses of his office, and all other costs of collecting the respective revenues: 
Provided, that the municipal authorities of such cities may limit the maximum number 
of and maximum salaries to be paid to all employes of the collector, and may other- 
wise reasonably limit the expenditures of his office and the cost of collecting the 
revenue. The collector shall make settlement annually on the first Monday of March, 
and at the expiration of his term of office, with the proper officer of the city, 
for all commissions retained; and all commissions hereinbefore allowed shall be 
computed for the year or part of the year next preceding the dates of such settlement. 
Said collector shall present for allowance proper vouchers for all disbursements 


(v) When auditor cannot issue distress warrant against collector and sureties: 
Judson vs. Smith, 104 Mo. 61 


(w) See Charter, Art. V, Sec. 31, 7. 


188 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 26. 


made by him on account of salaries and expenses of his office, and other costs 
of collecting the revenue, which shall be allowed to him as against the commissions 
retained by him; and out of the residue of such commissions in his hands after 
deducting the amount of such vouchers allowed, he shall be allowea and authorized 
to retain, as far as the said residue of such commissions in his hands will permit, 
a compensation at the rate of ten thousand dollars per annum. Should such residue of 
commissions be less than sufficient to cover the above compensation, then the entire 
residue shall be allowed to him, and shall be in full payment for his services. If, 
however, such residue is more than suffiicient to cover such compensation, then the 
surplus shall be paid over to the state, school, county and city in proportion as the 
amount collected from each bears to the total amount of collections: Provided, that 
this section shall not be construed as repealing the law requiring the collector to 
deposit, daily, in the city treasury, all moneys collected for the city, or the law 
requiring him to deposit, weekly, with the state treasurer, all revenue collected for 
the state. Collectors of revenue, under this subdivision, shall keep at all times in 
their office a notary public, who shall administer oaths and take notarial acknowledg- 
ments in connection with such office, without charge. All fees, commissions or 
other compensations heretofore charged, received or allowed, by or to any such 
collector, as compensation for his services, whether under or by virtue of state law 
or not, are hereby abolished; and such collector and all his deputies and employes are 
hereby forbidden, under penalty of forfeiture of office, to collect, charge or receive, 
directly or indirectly, any fees or commissions in the nature of compensation or 
other compensation other than those allowed and authorized by this section. 

XIII. For the purpose of enabling the state auditor to determine the compensa- 
tion of the collector to be paid by this state, it is hereby made the duty of the clerk 
of the county court, immediately after such annual settlement made by the collector, 
to make out and forward a statement to the state auditor, under the seal of the 
court, showing the aggregate amount of all such taxes and licenses levied for the 
year for which such settlement was made, including therein local, special and 
school and all other taxes: Provided, that no collector shall be allowed to retain 
over nine thousand dollars of commissions and fees in any one year except as pro- 
vided in subdivision twelfth herein; and all fees and commissions coming into the 
hands of any collector, from any source whatever, in excess of nine thousand dollars, 
except as provided in subdivision twelfth, shall be paid into the city, county and 
state treasuries in proportion to the amount received on taxes collected for each; and 
it shall be the duty of eacn collector, once in each year, to file in the county court in 
each county and in the office of the comptroller of each city not in a county, a 
statement, under oath, of the amount of fees and commissions received by him and 
from what source, and shall immediately pay over the excess according to the order 
of the county court or comptroller: Provided, however, that this act shall not apply 
to any county adopting township organization. (R. 8S. 1899, sec. 9260—~z.) 

Sec. 487. When collector’s term expires—vacancies, how filled.—The terms for 
which collectors are elected shall expire on the first Monday in March of the year in 
which they ere required to make their last final settlement for the tax-book which 
was to be collected by them. And when any collector resign, or be, from any cause, 
removed from office, and all collectors appointed by the county courts, or mayor of 
any city not within a county, to fill vacancies at the expiration of the term for 
which they were appointed (or as soon thereafter as his successor shall have 
qualified), they shall pay over all moneys which may be in their hands, due the state, 
or their successors in office, and take duplicate receipts therefor, one of which 
receipts they shall file with the clerk of the county court of their respective counties, 
and in St. Louis city with the city auditor, and retain the other for their own 
benefit. It shall be the duty of the county clerks and city auditor, as soon as 
they receive the receipts above mentioned, to certify the same to the state auditor, 
stating the amount of such receipts; and it shall be the duty of the auditor, upon the 
receipt of the same, to place the amount thus certified to the credit of the collector 
whose term of service has expired, and charge the same to his successor in office 
(R. S. 1899, sec. 9267.) 


(+) The collector in St. Louis is entitled to three per cent commission on revenue 
collected by him for the school board on the amount of merchants’ and manufacturers’ 
licenses: Board vs. Ziegenhein, 156 Mo. 313. <A collector who begins and conducts to 
judgment, a back tax suit is entitled to the fees, although he is not in office when 
the judgment is rendered and the taxes collected: Watson vs. Schnecko, 13 Mo. 
App. 208. Under the ordinances of St. Louis it was held that where there were two 
successive incumbents in the office of collector during one fiscal year, in determining 
the rate at which the commissions of the latter incumbent were to be computed, the 
collections made by his predecessor should be taken into account: Lemoine vs. St. 
Louis, 72 Mo. 404. The statute allowing reasonable attorney’s fees to be taxed as 
costs in tax suits is valid: State ex rel. vs. Railway, 176 Mo. 443. See Butler vs. 
Sullivan, 108 Mo. 630. 


ART. 4. | STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 189 


ARTICLE IV. 
DELINQUENT AND BACK TAXES. 


Sec. 488. Tax bills for real estate and railroad taxes prior to 1887 stricken 
from the lists.—The comptroller or other proper officer in each city of this 
state having three hundred thousand inhabitants or more, shall, at the first 
annual settlement made by the collector of such city after the taking effect of this 
act, strike from the delinquent lists all real estate and railroad tax bills due prior 
to the year 1887, and shall cancel the tax bills issued therefor, and the collectors 
of said cities shall not be charged with the same from and after their cancellation. 
(Laws 1903, p. 253, sec. 1.) 

Sec. 489. Certain bills to be cancelled by commission.—At the first annual 
settlement made by a collector of the revenue after this act shall take effect, in 
each city in this state having three hundred thousand inhabitants or more, all de- 
linquent real estate tax lists and back tax bills for taxes on real estate shall be 
carefully examined by a commission to be composed of the comptroller, collector and 
president of the board of assessors, or other proper officers of such city, and if there 
appear thereon any back tax bills which, in the opinion of a majority of said com- 
mission, are too small to justify the expense of suit, or which are against exempt 
property, or which are against property whith is not worth the taxes, interest and 
costs, the same shall, upon order of such commission or a majority thereof, be stricken 
from such delinquent real estate or back tax books and the tax bills therefor cancelled 
by the comptroller of such city. (Ib., sec. 2.) 

Sec. 490. Repeal.—All acts or parts of acts not in conformity with the pro- 
visions of this act are hereby repealed. (Ib., sec. 38.) 

Sec. 491. List to be made into back-tax book—duty of collector—suit to en- 
force.—The clerk of the county court shall file the said list in his office, and 
within ten days thereafter make the same into a “back-tax book,’ as contemplated 
by R. S. 1899, section 9300, under the seal of the court, and deliver the same to the 
collector of the revenue of his county, whose duty it shall be to proceed to collect 
the same, and to that end shall have the power, and it is hereby made his duty, to 
levy upon, seize and distrain personal property, and sell the same for such taxes, 
in the manner provided in this article. In the city of St. Louis the uncollected 
bills shall be returned with said list: Provided, that the city comptroller, or other 
proper officer, shall return said list within thirty days to the city collector. And 
if it appear that any county court or county clerk of this state has. within five 
years next before the taking effect of this act failed in the discharge of any one 
of the duties prescribed by R. S. 1899, sections 9250 and 9300, of this article. or shail 
so fail at any time hereafter, to such an extent that the collection of said taxes 
cannot be enforced by law, it shall be the duty of the said county court and clerk, 
or their successors in office, immediately after such omission or defect is discovered, 
to proceed at once to correct the same and supply the omission or defect, and return 
such corrected ‘‘back-tax book” to the collector, whose duty it shall be to collect the 
same, as hereinbefore set forth. There being an emergency existing under the con- 
stitution, it is hereby ordered that this act shall take effect and be in force from and 
after its passage. (R.S. 1899, sec. 9292—-y.) 


(vy) Petition must contain description, or the judgment will be void, and this even 
if a description be contained in the tax bill filed with the petition: Vaughn vs. Dan- 
iels, 98 Mo. 230; or in the judgment rendered on a defective petition: O’Day vs. McDan- 
iel, 181 Mo. 529; and there must be a correct description in the tax bill or the pro- 
ceedings are ineffectual: State ex rel. vs. Burrough, 174 Mo. 700; an erroneous assess- 
ment does not make the judgment void collaterally: Warren vs. Manwarring, 173 Mo. 21; 
bill is prima facie proof that notice was given as required: State ex rel. vs. Vogelsang, 183 
Mo. 17. Omitted property may be subsequently assessed and taxes recovered, and limi- 
tation only begins to run from the time the taxes are delinquent: State ex rel vs. 
Vogelsang, 183 Mo. 17. The record proper in suit for back taxes is the petition, 
answer, reply and judgment; hence in the absence of exceptions, and if the petition cor- 
rectly describes the land, the judgment must be affirmed: State ex rel. vs. Sanford, 
181 Mo. 134. There can be no personal judgment: O’Day vs. McDaniel, but the 
suit is so far in personam that the Supreme Court has not jurisdiction on appeal on 
the ground that title to real estate is involved: State ex rel. vs. Elliott, 180 Mo. 658. 
And as to personal remedy of one buying at sale where sale is void see cases cited 
in Phelps vs. Brumbach, 107 Mo. App. 16. The tax should be against the record 
owner (see infra) but after the court has once acquired jurisdiction the proceeding is 
against the property: Kilton vs. Smith, 134 Mo. 499. Land Co. vs. Bippus, 200 Mo. 688. 

The right to assess for taxation where the taxpayer is not found at his residence 
or place of busiess attaches upon a notice being left by the district assessor at 
either place, between June 1 and January 1, requiring the property owner to make a 
statement of his taxable property; and on his failure to do so the assessor making 
the assessment in a lump sum, and no appeal taken, the owner cannot complain in an 
action to collect the tax: State ex rel. vs. Cummings, 151 Mo. 49. The remedy provided 
by laws 1897, p. 213, for taxes due St. Louis by an action in the name of the city 
is cumulative, and does not impair the right to maintain an action in the name of the 
state at the relation of the collector: State ex rel. vs. Cummings, 151 Mo. 49, 61. 
The state is the real party in interest, in an action for delinquent taxes and if a col- 


(Continued on page 190.) 


190 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [OHAP. 26-27. 


Sec. 492. Institution of suits before dates named.—Nothing in this chapter 
shall be so construed as to prevent the institution of suit before the times herein 
named: Provided, that if it be real estate in the city of St. Louis, and the owner 
thereof, if a resident of such city, is about to remove therefrom, or, being a non- 
resident of such city, comes within the same, so that personal service can thereby be 
had upon him, or if real estate be in any county of the state outside of St. Louis city, 
and the owner thereof is about to remove from such county, or, being a non-resident 
such county, comes within the same, so that personal service can thereby be had 
upon him. (R. S. 1899, sec. 9318.) 


ARTICLE V. 
ASSESSMENT AND TAXATION OF RAILROADS. 


Sec. 493. Duty of prosecuting attorney—when additional counsel may be em- 
ployed.—It shall be the duty of the prosecuting attorney of each county to prose- 
cute all suits for taxes under this article. County collectors shall have power, with the 
approval of the county court, or, in St. Louis city, the approval of the mayor thereof, 
to employ such attorneys as may be deemed necessary to aid and assist the 
prosecuting attorney in conducting and managing such suits; and the court in which 
suit is brought shall, if plaintiff obtain judgment, allow such attorneys a reasonable 
fee for bringing and conducting such suit, which shall be taxed against the defendant 
and paid as other costs in the case. At the request of the collector, the governor 
may direct the attorney-general to assist in the prosecution of any such suits. 
(R. S. 1899, sec. 9378—z.) 

Sec. 494. Duties of officers of St. Louis city.— All services required to be per- 
formed by county officers under this article shall be performed by the corresponding 
officers of the city of St. Louis, and wherever the word “county” occurs, the same 
shall be construed to apply to and include the city of St. Louis. (R. S. 1899, sec. 
9383—a. ) 

ARTICLE VI. 


TAXATION OF MERCHANTS AND MANUFACTURERS. 


Sec. 495. Lower rate of tax than that on real estate authorized.—All cities in 
this state having a population of over three hundred thousand inhabitants are 


Pat 


(Conttuued from Page 189.) 
lector retires from office his successor need not be made a party: State ex rel. vs. 
Sanford, 127 Mo. 368. 

One who pays all taxes except such as are illegal as being in excess of the con- 
stitutional limit, may maintain injunction: Arnold vs. Hawkins, 95 Mo. 569, 572, and 
cases cited. 

The collector may establish against a decedent’s estate the claim for school and 
city taxes in the name of the state to his use and at his relation, whether such taxes 
accrued before or after the death of decedent; and the petition should set out the 
taxes due each year in separate counts: State ex rel. vs. Tittmann, 103 Mo. 553, 564; 
State vs. Seaborn, 139 Mo. 582, 604. The claim may be brought in either the circuit or 
probate court: State ex rel. vs. Edwards, 162 Mo. 1. c. 666. See as to taxes against 
decedents Woerner on Administration, Sec. 329, p. 691; as to real estate taxes, see Jb. 
Sec. 518, Doaslioae 

It is sufficient to bring a suit for taxes against the party who, by the records, ap- 
pears to be the owner; and this applies to a married woman, who subsequently becomes 
a widow and again marries, the record name remaining unchanged; suit against her 
by her record name, by publication, held sufficient and not the same as publication 
directed to a dead person, which is void: Schnitger vs. Rankin, 192 Mo. 35, citing nu- 
merous cases on analogous points. See further as to suit against record owner being 
sufficient: Hilton vs. Smith 134 Mo. 499. Land Co. vs. Bippus, 200 Mo. 688. But if the 
suit is against the apparent or record owner the purchaser takes no title if he had 
actual notice of who the real owner was, and such real owner is not a party; and facts 
and circumstances sufficient to put a man of ordinary circumspection on inquiry amount 
to actual notice; and if the collector has actual notice of who the real owner is it is his 
duty to bring the suit against him, though he is not the record owner: Stuart vs. 
Ramsey, 196 Mo. 404. 

As to when a tax bill, duly certified, makes a proper prima facie case, see State 
ex rel. vs. Edwards, 151 Mo. 472, 477. 

See also State ex rel. vs. Tobacco Co. 140 Mo. 218; State ex rel. vs. Hurt, 113 Mo. 90. 

ete acquiring interests after action begun: State ex rel. vs. Miller, 16 Mo. 
App. 2: 

As to what allegations, in a petition for collection of -taxes, are sufficient, and as 
to what is a sufficient form of tax bill and certificate, see State ex rel. vs. Cummings 
151 Mo. 49, 54 eZ seg. 

A judgment in a tax suit cannot be set aside collaterally (as in suits to quiet title) 
by a defendant in the suit brought in by personal service or publication, by showing 
that the taxes had been paid, so as to defeat the title of the purchaser; but publication 
notice must be by full name and not merely initials, and if this is not done there is no 
notice and the sale is void: Evarts vs. Lumber Co. 193 Mo. 433: See other cases on 
these points cited in the opinion. Where the record title gives the owner’s full Chris- 
tian name, notice by publication by initials only is insufficient and the tax sale does 
not divest him of title. Burkham vs. Manewal, 195 Mo. 500, citing numerous cases. 


(z)- Power to employ special counsel, See Butler v. Sullivan Co. 108 Mo. 630; see 
State ex rel. vs. Ry. 176 Mo. 443. 
(a) See State ex rel. vs. Ry. 117 Mo. 1. 


ART. 1] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 191 


authorized to levy for local purposes, a less ad valorem rate of taxation than that 
levied by them on real estate or other property for the same purpose; and said 
reductions may, from time to time, be arranged to apply on both or either the tax 
rate for payments of valid indebtedness or the tax rate for city purposes. (R. S. 
1899, sec. 9397.) 

Sec. 496. Regulations of merchants’ and manufacturers’ licenses.—AIl such 
cities, for city and local purposes, are hereby authorized to license, tax and regu- 
late the occupation of merchants and manufacturers and may graduate the amount 
of annual license imposed upon a merchant or manufacturer in proportion to the 
sales made by such merchant or manufacturer during the year next preceding any 
fixed date. (R. 5S. 1899, sec. 9389—D.) 


CHAPTER TWENTY-SEVEN. 
PUBLIC SCHOOLS. 


Art. I. Board of Education created, to establish, maintain and govern 
public schools of the city of St. Louis. 

Art. II. Pension and retirement fund. 

Art. III. Compulsory education. 


ARTICLE I. 


BOARD OF EDUCATION CREATED TO ESTABLISH, MAINTAIN AND GOVERN PUB- 
LIC SCHOOLS OF THE CITY OF ST. LOUIS. 


Sec. 497. Board of managers of certain charitable or penal institutions to 
arrange for education of inmates at public schools.—The boards of managers of 
houses of refuge, houses of correction, orphan asylums, or any public institutions 
having charge of delinquent or dependent and neglected children, in cities now 
having or which may hereafter have one hundred thousand inhabitants or over, 
shall have power to arrange with the public school authorities of such cities for 
the education, schooling, instruction and training of such children. (Laws 1905, 
p. 301-302.) 

Sec. 498. Emergency.—Whereas, there is at present a want of power on the 
part of said boards to arrange with the public school authorities for the education, 
schooling, instruction and training of the inmates of said public institutions, and 
whereas, it is important that said boards shall have said powers, an emergency 
exists within the meaning of the constitution, and therefore this act [Sec. 497] 
shall take effect and be in force from and after its passage. (Ib.) 

Sec. 499. The act to establish a corporation in St. Louis for public education 
approved February 13, 1833, and Art. IV, Chapter 143, R. S., repealed.—An act 
entitled “An Act to establish a corporation in the city of St. Louis for the purpose of 
public education,” approved Feb. 13th, 1833, and all acts supplementary to and amend- 
atory thereof, and article IV of chapter 143 of the Revised Statutes of Missouri en- 
titled “‘Election of school directors in cities having three hundred thousand inhabi- 
tants,” are hereby repealed. (Laws 1897, p. 220.) 

Sec. 500. Cities of 300,000 inhabitants shall constitute a single school district 
and be a body corporate—supervision of schools vested in a board of education 
composed of 12 members and a superintendent of instruction and a commissioner 
of school buildings—board may sue and be sued, etc.—Every city in this state 
now having or which may hereafter have three hundred thousand inhabitants or over, 
together with the territory now within its limits, or which may in the future be 
included by any change thereof, shall be and constitute a single school district, 
shall be a body corporate, and the supervision and government of public schools 
and public school property therein shall be vested in a board of twelve members, 
to be called and known as the “board of education of ” (in which title the 
hame of such city shall be inserted) and in a superintendent of instruction and a 
commissioner of school buildings. Such board of education shall, by and in said 
hame, sue and be sued, purchase, receive, hold and sell property, do all things 
necessary to accomplish the purpose for the attainment of which such school district 
is organized, and succeed to all the property, rights and privileges, of whatever 
kind and nature, granted and belonging to any previous corporation, board of 
directers or school district in such city, or officers thereof, authorized or empowered 
by any enactment of the general assembly of the state to do anything in reference 
to public education: Provided, that all pending suits to which any such previous 
corporation, board of directors, or school district, or officer thereof, is a party, may be 


(6) As to ordinances respecting manufacturers’ licenses and taxes, see R. C. sec. 
2184, e¢ seg. as to merchants, see R. C. sec. 2194 ef seg., and see notes thereto. 

Taxation of merchants’ licenses for school purposes, power of school board to levy 
such tax, and duty of register; see State ex rel. vs. Tracy, 94 Mo. 217. 


192 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. 


prosecuted to an end in the name of such party. All titles to property previously 
granted to such city by the United States or this state for school purposes, and the 
title to all school lands and other property: of every kind, shall be vested in the 
board of education established by this act. (Ib., p. 221, sec. 2. R. S. 1899, sec. 
9919—c. ) 

Sec. 501. General powers of board prescribed.—Every such board of educa- 
tion shall have general and supervising control, government and management of the 
public schools and public school property in such city; shall exercise generally all 
powers in the administration of the public school system therein, appoint such officers, 
agents and employes as it may deem necessary and proper, and fix their compensation; 
shall have power to fix the time of its meetings, to make, amend and repeal rules 
and by-laws for its meetings and proceedings, for the government, regulation and 
management of the public schools and school property in such city, for the trans- 
action of its business, and the examination, qualification and employment of teachers, 
which rules and by-laws shall be binding on such board of education and all parties 
dealing with it until formally repealed; to provide for special and standing com- 
mittees, to loan its funds, and to levy such taxes as are or may be authorized by law 
for school purposes; and to purchase and hold all property, real and personal, 
deemed by it necessary for the purposes of public education, or for the investment 
of the public school funds, to build and construct improvements for such purposes, 
and to sell the same. Such board of education shall have all the powers of other 
school districts under the laws of this state except as herein provided. (Ib., p. 222, 
sec. 3. R. S. 1899, sec. 9920—d.) 

Sec. 502. Members of board, how elected, qualifications—no compensation for 
service.—The members of such board of education shall be elected from such city 
at large on a general ticket and shall be at least thirty years of age, citizens and 
residents of the city and tax-payers therein on property therein assessed in their 
individual names, and shall have been such residents, citizens and tax-payers for at 
least three years immediately preceding their election. They shall not hold any office, 
except that of notary public, in such city or state, nor be interested in any contract 
with or claim against the board, either directly or indirectly. If at any time after 
the election of any member of said board he becomes interested in any contract 
with or claim against the board, either directly or indirectly, or as agent or employe 
of any individual, firm or corporation, which is so interested, he shall thereupon 
be disqualified to continue as a member of said board, and shall continue to be so 
disqualified during the remainder of the term for whicn he was elected. Every 
member of such voard shall, before assuming the duties of his oftice, take oath 
before a judge of the circuit court, or justice of the peace of such city, which oath 
shall be kept of record in such board, that he possesses all the qualifications by this 
act required, and that he will not, while serving as a member of such board, become 
interested in any contract with or claim against said board, directly or indirectly, 
or as agent or employe of any individual, firm or corporation which is so interested, 
and that he will not be influenced, during his term of office, by any consideration 
except that of merit and fitness in the appointment of officers and the engagement 
of employes. No compensation shall be paid to the members of the board, but they 
shall be exempt from jury duty and from service as election officers during their 
term of office. (Ib., p. 222, sec. 4. R.S. 1899, sec. 9921—e.) 

Sec. 503. Mayor to appoint members of first board until general election— 
duty of board after its organization—election of president and vice president.—The 
members of such board of education shall be elected on a general ticket and by the 
qualified voters of such city at large as hereinafter provided, and shall qualify by 
taking the oath prescribed by this act, and proceed to organize by electing one of their 
number president and another vice-president; and thereupon it shall be the duty of 
any then existing corporation, or board of directors, or officers of the school district of 
such city, to surrender their offices and to deliver to said board of education, or to its 
officers, agents or employes, all the public school property, both real and personal, 


(c) See Scheme sec. 37; also secs. 13 and 36. State, School and city taxes, how 
prepared, etc: See Charter, Art. V, Sec. 26; See Charter provisions upon the subject of 
Public Schools, in Charter, Article XIII, Secs. 1-5, with annotations appended thereto. 
Power of School Board to levy taxes for school purposes: State ex rel. vs. Tracy, 94 Mo. 
217. The Board of Public Schools is a public, but not a municipal, corporation: Heller 
vs. Stremmel, 52 Mo. 309; although a quasi municipal corporation: State ex rel. vs. 
Board Pub. S., 112 Mo. 213; and is not subject to garnishment: Kein vs. School District, 
42 Mo. App. 460; nor execution: State to use vs. Tiedemann, 69 Mo. 306. 


(qd) Power of Board to levy taxes: See note to sec. 520 infra, p. 197. 


(e) See State ex rel. vs. Board Pub. Schools, 112 Mo. 213. Election laws relating 
to school directors in St. Louis are not void as special legislation: State ex rel. vs. 
Miller, 100 Mo. 439. The offices of school director and deputy sheriff are not so in- 
compatible that the same person cannot hold both positions; and there is no constitu- 
tional inhibition that prohibits such holding: State ex rel. vs. Bus, 135 Mo. 325, 331 ef 
seq. See also note to Charter Art. XIII. 


ART. 15] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 193 


of every kind whatsoever, and the control and management of the public school affairs 
of such city. Provided, that until such board of education shall be organized, the 
administration of the public schools and the management of school property in such 
city shall remain in the control of any such existing corporation, board of directors, 
or officers of the school district, in the same manner and with the same powers as 
éxisted prior to the passage of this act, or the attaining by said city of the requisite 
number of inhabitants. It shall be the duty of the said board of education as soon 
as practicable after its organization, to appoint a superintendent of public instruction, 
a commissioner of school buildings, a secretary and treasurer, an auditor, and such 
other officers, employes and agents as it may deem proper: Provided, that no 
such officer, employe or agent shall be a member of said board. And such board 
of education may continue the employment and service of any existing officers, 
teachers, agents or other employes, in their several capacities, in connection with 
the administration of school affairs until such time as they may effect the change 
of the administrative system applicable to the public schools as contemplated in this 
act; and said board of education may thereafter retain or remove any agents, 
teachers, janitors, engineers or other employes then rendering service in connection 
with the public schools of such city. At its first regular meeting after the first day 
of October in each year following its original organization, said board of education 
shall reorganize by electing one of its members president and another vice-president. 
All vacancies in such board shall be filled by the mayor by appointment until the 
next election for members of said board, when the vacancy shall be filled for the 
remainder of the term. All rules and by-laws made by any existing corporation, 
board of directors, or officers of the school district, at such time vested in such 
city with the management of the public schools, for the government of the public 
schools and school property, in such city, shall continue in force, so far as con- 
sistent with this act, until repealed or altered by such board of education. (Ib., p. 
fae, sec. 6. (Re S. 1899, sec. 9922.) 

Sec. 504. Special election of members of board provided for—terms of office 
and classification.— Within sixty days after the taking effect of this act, or the 
same becomes applicable to such city, there shall be held in every such city a special 
election at which twelve members of such board of education shall be elected, who 
shall, by lot, divide themselves into three classes of four members each. The first 
class shall hold office until the next ensuing municipal election in such city, whether 
for general offices or members of the house of delegates; the second class until the 
second such ensuing election; the third class until the third such ensuing election, 
and until their successors shall have been elected and qualified. Such special 
election to be neld within sixty days after this act takes effect shall be held on such 
day as shall be named by the election commissioner of such city, who shall, in due 
time, name such day and perform all duties imposed on them by any law pertaining 
to elections in any such city for municipal officers or members of the house of dele- 
gates. Such special election and all the elections for members of such board of edu- 
cation shall be subject to and governed by the same laws, rules and regulations 
which govern elections in such city for municipal officers or members of the house of 
delegates, including the law pertaining to the registration of voters. After such 
special election there shall be elected at such municipal election, whether for general 
municipal officers or for members of the house of delegates, four members of such 
board of education, who shall assume the duties of their office at the first regular 
meeting of such board of education after their election, and who shall hold office 
for six years, and until their successors shall have been elected and qualified. (Ihb., 
p. 223, sec. 6. R. S. 1899, sec. 9923—.) 


Sec. 505. Superintendent of instruction appointed by board—assistants 
authorized—duties and powers of assistants.—The superintendent of instruction 
shall be appointed by the board of education for a term of four years, during which 
term his compensation shall not be reduced. The board of education may, on the 
nomination of the superintendent of instruction, appoint as many assistant super- 
intendents as it may deem necessary, whose compensation shall be fixed by the board, 
and who may be removed by the superintendent with the approval of the board. 
The superintendent of instruction shall have general supervision, subject to the control 
of the board, of the course of instruction, discipline and conduct of the schools, 
text-books and studies; and all appointments, promotions and transfers of teachers, 
and introduction and changes of text-books and apparatus, shall be made only upon 
the recommendation of the superintendent, and the approval of the board. The 
superintendent shall have power to suspend any teacher for cause deemed by him 
sufficient, and the board of education shall take such action upon the restoration or 
removal of such teacher, as it may deem proper. All appointments and promotions 


(f) Constitutionality of payment of expenses of special school elections by the 
City: State ex rel. vs. Board of Education, 141 Mo. 45 (holding all election expenses to 
be paid out of the city treasury, not by the School Board). 


194 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. 


of teachers shall be made upon the basis of merit, to be ascertained, as far as 
practicable, in cases of appointments, by examination, and in cases of promotion, 
by length and character of service. Examination for appointment shall be conducted 
by the superintendent under regulations to be made by the board. The superintendent 
of instruction shall devote himself exclusively to the duties of his office and shall 
have power to appoint clerks, whose number and salary shall be fixed by the 
board, and shall have power to remove the same; shall exercise a general super- 
vision over the schools of the city, examine their condition and progress, and shall 
keep himself informed of the progress of education in other cities. He shall advise 
himself of the need of extension of the school system of the city, shall make reports 
from time to time as may be fixed by the rules or directed by the board, and shall 
be responsible to the board for the condition of the instruction and discipline of the 
schools. (Ib., p. 224, sec. 7. R. S. 1899, sec. 9924.) 

Sec. 506. Commissioner of school buildings provided for—duties defined.— 
The commissioner of school buildings shall be appointed by the board of education for 
a term of four years, during which term his compensation shall not be reduced. 
He shall devote all his time to the duties of his office, and shall be charged with the 
care of the public school buildings of such city, and with the responsibility for the 
ventilation, warming, sanitary condition and proper repair thereof. He shall prepare, 
or cause to be prepared, all specifications and drawings required, and shall super- 
intend all the construction and repair of all of such buildings; shall make report 
each month to the board of education showing in detail the costs of repairs and other 
work for the previous month on each building, embodying therein the amount of bills 
outstanding for work ordered by him, and stating specifically the cases where work 
was done, or ordered, without public letting; shall superintend all the advertisements 
for bids and the letting of contracts; and shall, within the limits of appropriations 
theretofore made by the board of education for repairs, make all contracts for the 
repairs of school property except where the cost of such repairs shall exceed the 
sum of fifty dollars. He shall give bond in such sum as may be fixed by the board 
of education, which shall not be less than ten thousand dollars, conditioned upon 
the faithful performance of the duties of his office. (Ib., p. 224, sec. 8. R. S. 1899, 
sec. 9925.) 

Sec. 507. Commissioner to appoint engineers, janitors, etc.—Subject to the 
approval of the board of education as to the number and salaries, the commissioner 
of school buildings shall have power to appoint as many engineers, janitors and other 
employes and agents as may be necessary for the proper performance of the duties 
of his department, for whom he shall be responsible and whom he shall have power to 
remove; but the board of education may provide for a competitive examination for the 
positions of janitors and engineers; and when such provision shall have been made, 
the commissioner of school buildings may be required by the board to appoint 
janitors and engineers from the list obtained by such examination. He shall appoint 
such assistants and deputies as may be authorized by the board of education, whose 
compensation shall be fixed by the board; and one of said assistants shall be a 
trained and educated engineer, qualified to design and construct the heating, lighting, 
ventilating and sanitary machinery and apparatus connected with the public school 
buildings. Such assistants and deputies shall be subject to removal by the com- 
missioner of scnool buildings, who shall be responsible for the proper performance 
of their duties. The commissioner of school buildings may be removed by the 
board of education for cause by a two-thirds vote of the entire board. He shall 
perform such other duties as may be required of him py the board. (Ib., p. 225, 
sec. 9. R. S. 1899, ‘sec. 9926.) 

Sec. 508. Contracts for buildings and repairs shall be made by board—con- 
struction to be under direction of commissioner of school buildings.—Al11 contracts 
for the erection of school buildings and all contracts for repairs and alterations in 
school property exceeding the amount of fifty dollars shall be made by said board 
of education, after public letting, to the lowest responsible bidder complying with 
the terms of the letting. The necessary specifications and drawing shall be pre- 
pared for all such work, and bids therefor shall be solicited by such advertisement 
as the board of education may provide. All other work of construction and repairs 
shall be made directly by the commissioner of school buildings as herein provided. 
For all work of construction and repairs authorized to be done directly by the com- 
missioner of school buildings, he shall furnish the necessary specifications and 
drawings, except in cases of emergency, where the cost shall not exceed the sum 
of one hundred dollars, and shall solicit bids for such work as may be provided for 
by the board of education. No bids shall be entertained by the commissioner of 
school buildings which are not made in accordance with the specifications furnished 
by him, and all contracts shall be let to the lowest responsible bidder complying with 
the terms of the letting: Provided, however, that the said commissioner shall have 
the right to reject any and all bids. (Ib., p. 225, sec. 10. R. 8S. 1899, sec. 9927.) 


ART. 1.] STATE LAWS SPECIALLY APPLICABLE TO ST: LOUIS. 195 


See. 509. Board of education shall advertise for proposals for supplies—dis- 
tribution of supplies.—The board of education shall, at or prior to the beginning of 
each fiscal year, cause advertisements to be made under such regulations as it 
may provide, for proposals for furnishing the supplies required in the schools and 
by the board in the ensuing year; and every contract therefor shall be awarded to the 
lowest responsible bidder complying with the terms of the letting: Provided, how- 
ever, that said board shall have and reserve the right to reject any and all bids. 
If other supplies are required during the year they shall be furnished under 
contract awarded in like manner; but the board may authorize the purchase of 
supplies not exceeding fifty dollars in amount without letting of contract. The 
board shall make distribution of supplies through such agencies and in such 
manner as it deems proper; and the board may contract for text-books or school 
apparatuS for such term of years as it deems proper. (Ib., p. 225, sec. 11. R. S. 
1899, sec. 9928.) 

Sec. 510. Board shall advertise for bids from banks and trust companies for 
current deposits—fiscal year of board.—The board of education shall, in the month 
of June of each year, advertise for bids from the banks and trust companies in 
such city for the current deposits of such board of education, to be secured by 
bonds of the United States, bonds of the state of Missouri, or bonds of such city, 
which said bids shall specify the rate of interest to be allowed to said board on 
such deposits and the nature of the security offered; and such deposits shall be 
annually awarded to the bank or trust company that offers, with the required 
security, the highest rate of interest therefor; and the board shall cause contracts 
for the ensuing year to be made with such bank or trust company so receiving the 
award of such deposits. Such board shall thereupon cause all funds received to be 
paid into such designated depositary. The fiscal year of the board shall end on the 
30th day of June of each year, and the annual contract shall be made in the month 
of June of each year for the deposits of the succeeding fiscal year. It shall be 
the duty of the president of the board in each year, immediately after the selecting 
of the depositary of the school moneys for the succeeding year, to notify the treasurer 
of the state of Missouri, and the collector of school] taxes in such city to make all 
payments of money apportioned, belonging to or distributed to such board, to such 
depositary; and such officer shall, upon making such deposits, take from such de- 
positary triplicate receipts therefor, one of which shall be retained by the officer 
making such deposits, one delivered to the secretary and treasurer and the third 
delivered to the auditor of the board. (Ib., p. 226, sec. 12. R.S. 1899, sec. 9929.) 

Sec. 511. Board shall select a secretary and treasurer—bond required—duties 
and salary.—The board shall select a competent secretary and treasurer, who shall 
hold office for a term of four years, and give bond in such sum as the board may 
require, which shall not be less than fifty thousand dollars, and who shall be subject 
lo removal for cause by a two-thirds vote of the entire board. The compensation 
of the secretary and treasurer shall not be reduced during his term of office. He 
shall exercise, subject to the control of the board, a general supervision over the 
fiscal affairs of the public schools of the city, the collection and payment of funds 
to the schoo! depositary, and the disbursement of all revenues and moneys belonging 
to the board. He shall have supervision under the direction of the board, of the 
}«rmanent school fund of the city, and the investment thereof, and all invested 
prcperty of the board. He shall record the proceedings of the board in such manner 
as may be directed by the board, and shall deposit daily in the designated depositary 
of the board ail money collected or received by him tor the board. He shall furnish 
at the beginning of each month a statement of receipts and disbursements of the 
preceding month; and at the end of the fiscal year he shall make to the board a 
full and comprehensive report of its financial affairs for the preceding year. He 
shaH be the custodian of all securities, documents, title papers, books of record and 
other papers belonging to the board under such conditions as the board may direct. 
It shall be his duty to see that no liability is incurred or expenditure made without 
due authority of law, and that appropriations are not overdrawn. Subject to the 
approval of the board as to number and salaries, he shall have power to appoint 
assistants, for whom he shall be responsible, and whom he may remove. He shall 
perform such other duties as may be required of him by the board. (Ib., p. 226, 
sec. 13. R. S. 1899, sec. 9930.) 

Sec. 512. Disbursements of board, how made.—All disbursements of the 
board of education shall be made by checks drawn upon the depositary in such form 
and subject to such regulations as the board may provide; but no payment shall be 
made except upon warrant drawn by the auditor and countersigned by the secretary 
and treasurer. (Io., p. 227, sec. 14. R. S. 1899, sec. 9931.) 

Sec. 513. Board shall appoint an auditor—bond, duties and term of office.— 
The board shall appoint a competent person as auditor, who shall serve for a 
term of four years and give bond in the sum of ten thousand dollars. His salary 
shall not be reduced during the term of his office, and he may be removed for cause 


196 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. 


by a two-thirds vote of the entire board. He shall be the general accountant of the 
board, and preserve in his office all accounts, voucners and contracts pertaining 
to sehool affairs. It shall be his duty to examine and audit all accounts and de- 
mands against the board, and to certify their correctness to the secretary and 
treasurer of the board. He shall adopt a proper system of double-entry book-keeping. 
He shall require settlement of accounts to be verified by affidavit whenever he 
thiaks proper, and shall keep the accounts of the schools in a systematic and orderly 
manner. No claim or demand shall be audited unless it is authorized by law and 
the ruies of the board, and be in a proper and fully itemized form, and unless the 
amount required for the payment of the same shall have theretofore been appropri- 
ated by the board. He shall perform such other duties as may be required by the 
board. (Ib., p. 227, sec. 15. R. S. 1899, sec. 9932.) 

Sec. 514. Duty of board to apportion revenues to the different departments, 
etc.—It shall be the duty of such board of education, at the beginning of each fiscal 
year, to apportion the revenues available for that year to the different departments, 
for expenditure in support of the schools, for that year; and no report or resolution 
shall be adopted by the board calling for the expenditure of money unless it states 
specifically the fund from which the appropriation is to be made, and is accompanied 
by the certificate of the secretary and treasurer that there is a balance in such fund 
available for such expenditure. (Ib., p. 227, sec. 16. R. S. 1899, sec. 9938.) 

Sec. 515. Mayor shall appoint annually an expert to examine books, accounts 
and vouchers of officers—compensation of expert.—At the close of each fiscal 
school year, the mayor of such city shall appoint one or more expert accountants, who 
shall examine the books, accounts and vouchers of the secretary and treasurer, auditor, 
commissioner of school buildings and all other departments of expenditure of the 
board, and shall make due report thereof to the mayor and board of education of 
such city. All the officers and employes of the board shall produce and submit to 
such accountants for examination all books, papers, documents, vouchers and ac- 
counts in their office belonging to the same or thereto pertaining, and shall in every 
way assist said accountants in their work. In the report to be made by said ac- 
countants they may make any recommendation they deem proper as to the business 
methods of such officers and employes. A reasonable compensation for such services 
shall be paid by the board. (Ib., p. 227, sec. 17. R. S. 1899, sec. 9934.) 

Sec. 516. Circuit court to have jurisdiction over members of the board and its 
officers—jurisdiction exercised upon petition.—The circuit court of such city shall 
have jurisdiction over the members of such board of education and its officers to 
require them to account for their official conduct in the management and disposition 
of the funds, property and business committed to their charge; to order, decree 
and compel payment by them to the public school fund of all sums of money, and 
of the value of all property which may have been improperly retained by them, 
or transferred to others, or which may have been lost or wasted by any violation of 
their duties or abuse of their powers as such members or officers of such board; 
to suspend any member or officer from exercising his office, whensoever it shall appear 
that he has abused his trust or become disqualified; to remove any such member 
or officer upon proof or conviction of gross misconduct or disqualification for his 
office; to restrain and prevent any alienation of property of the public schools by 
said members or officers, in cases where it may be threatened, or there is good 
reason to apprehend that it is intended to be made in fraud of the rights and 
interests of the public schools. The jurisdiction conferred by this article shall be 
exercised as in ordinary cases upon petition, filed by or at the instance of any member 
or officer of such board, or at the instance of any ten citizens and householders of such 
city, who shall join in such petition, verified by the affidavit of at least one of them. 
Such petition shall be heard in a summary manner after ten days’ notice in writing 
to the member or officer complained of; and an appeal shall lie from the judgment 
of the said circuit court as in other causes, and be speedily determined; but 
such appeal shall not operate under any condition as a supersedeas of a judgment of 
suspension or removal from office. (Ib., p. 227, sec. 18. R. S. 1899, sec. 9935.) 

Sec. 517. Members of board or officers violating act guilty of misdemeanor— 
punishment.—Any member, officer or employe of such board who shall willfully 
violate any of the provisions of this act shall be deemed guilty of a misdemeanor, 
and on conviction, shall be punished by fine of not more than five hundred dollars or 
imprisonment not exceeding one year. (Ib., p. 288, sec. 19. R. S. 1899, sec. 9936.) 

Sec. 518. Failure to attend meetings without excuse vacates office.—Any 
member failing to attend the meetings of the board for three consecutive regular 
meetings, unless excused by the board for reasons satisfactory to the board, shall be 
deemed to have vacated his seat; and it shall be the duty of the secretary of the 
board to certify such fact to the mayor, who shall thereupon make an appointment 
to fill the unexpired term of such member. It shall likewise be the duty of the 
secretary to certify to the mayor any other vacancy occurring in the board. The 
mayor shall forthwith fill the vacancy until the next municipal election for general 


Nhs eee | STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 197 


officers or for members of the house of delegates. (Ib., p. 228, sec. 20. R S. 1899, 
sec. 9937.) 

Sec. 519. Testimony in investigations, how taken.—All testimony taken upon 
any investigation made by the board, or in any proceedings before the board for the 
removal of any officer or employe of the board, or in any investigation made by any- 
committee of the board, shall be under oath, which oath may be administered by 
the secretary and treasurer, or any officer authorized to administer oaths. (Ib., p. 
228, sec. 21. R. S. 1899, sec. 9938.) 

Sec. 520. The board invested with power to levy and collect taxes, etc.—The 
board of education shall have power to levy and collect all taxes authorized by law 
to be levied for school purposes in such city, and to collect all fines and penalties 
provided by law to be paid into the school funds; and the officers of such board 
and the collector and assessor in such city, and all other officers of such city, and 
of the state, concerned with the assessment and collection of taxes, fines and penal- 
ties, shall perform such duties in relation to the levying and collection of school 
taxes and the collection of such fines and penalties, and the payment thereof to 
said board for school purposes, aS are now imposed by the existing law upon such 
officers in relation to the levy and collection of school taxes and the collection of 
fines and penalties payable to the school funds; and nothing in this act shall be 
construed as repealing any existing law providing for the assessment and collection 
of school taxes in such city; and all powers and duties conferred by existing law 
upon any board in relation thereto shall be continued in the board created by this 
act. (Ib., p. 229, sec. 22. R. S. 1899, sec. 99389—g.) 

Sec. 521. Elections to increase tax levy, how called and held.—Any election 
which may be called by the board of education of such city to increase the rate of 
taxation for school purposes, or for any other purpose authorized by article 1, 
chapter 154, of the Revised Statutes of 1899, shall be held at such time as the board 
may direct, under the general election laws governing such city. The board of 
education shall have the powers of a school district in annual meeting, and shall 
perform such duties as are required by general laws of school districts, so far as 
such are applicable to the public school affairs of such city, and consistent with 
the provisions of this act. It shall at least once in every five years cause an enumera- 
tion to be made of all persons over six and under twenty years of age, resident 
within the city, designating male and female, white and colored, and age of each, 
together with the residence of said persons by street and number. In the years 
intervening between the taking of such enumeration said board may by resolution 
adopt [the] last enumeration therein made as its enumeration for the current year. 
A copy of the aggregate of such enumeration, or such resolution (as the case may 
be), duly certified by the president and secretary of said board under its corporate 
seal, shall be forwarded to the state superintendent of public schools and to the 
state auditor on or before the first day of July in each year. (Laws 1889, p. 352. 
R. S. 1899, sec. 9940.) 

Sec. 522. What shall constitute the permanent school fund—investment.—All 
school lands heretofore granted by the general assembly to any such city, or to any 
incorporated board for the benefit of such city, for the purpose of public education, 
including all lands of such board granted by the general government of the United 
States, or of this state and lying within the limits of said state, for the schools as 
aforesaid, shall constitute the permanent school fund of such city, only the income 
of which shall be used for the support of such public schools in such city. Nothing 
herein contained shall affect the right of such board to dispose of such lands: Pro- 
vided, that the proceeds be duly invested and only the income thereof be used for 
the support of the public schools. (Laws 1897, p. 229, sec. 24. R. S. 1899, sec. 9941.) 

Sec. 523. Board required to publish report.—The board of education shall, as 
soon as practicable after the close of each school year, cause to be printed and pub- 
lished a report of the condition of the public schools under its charge, and of all 
the property under its control, with a full and accurate account of all the receipts 
and expenditures of the board during the preceding year, and of the condition of 
all invested property. (Ib., p. 229, sec. 25. R. S. 1899, sec. 9942.) 

Sec. 524. Inconsistent acts repealed.—All acts and parts of acts inconsistent 
with this act are hereby repealed. (Ib., p. 229, sec. 26.) 

Sec. 525. Emergency clause.—The laws for the organization and government 
of school districts in cities having three hundred thousand inhabitants and over being 
defective and inadequate, an emergency within the meaning of the constitution is 
hereby created, requiring that this act shall take effect immediate:y; therefore, this 
act shall take effect and be in force from and after its passage. (Ib., p. 229, sec. 27.) 


(e) Merchants’ licenses are taxable for school purposes. State ex rel. v. Tracy, 94 
Mo. 217. St. Louis criminal court has no power to require sheriff to pay into court 
money collected for schools. This court can only require a settlement. In re Staed, 
116 Mo. 537. Collector of city may maintain action to collect taxes for schools against 
estate of a decedent. State ex rel. Ziegenhein v. Tillman, 103 Mo. 5538. See note to 
Charter, Art. XIII, sections 1 and 4. 


198 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 27. 


ARTICLE II. 
PENSION AND RETIREMENT FUND. 


Sec. 526. Pension fund provided for school teachers and employes.—The 
public school board or boards of directors having charge of public schools in cities 
now or hereafter having a population of three hundred thousand inhabitants or more 
shall have power to create a public school teachers’ and administrative and clerical 
employes’ pension and retirement fund, and for that purpose they must set apart 
the following moneys, to wit: (1) An amount not exceeding one per cent. per annum 
of the respective salaries paid to teachers and administrative and clerical employes 
in the employment of such boards, who shall elect to come under and participate in 
the benefits of this act, which amount shall be deducted from said salaries annually, 
at such time and in such manner as the board of trustees shall prescribe. (2) All 
moneys received from donations, legacies, gifts, bequests or otherwise, on account 
of said fund. (3)All moneys which may be deprived [derived] from other methods 
of increment as may be duly and legally devised for the increase of said fund. (Laws 
1897, p. 280. R. S. 1899, sec. 9943.) 

Sec. 527. Board of trustees created.—A committee consisting of four members 
of such boards, together with the superintendent of schools and four representatives 
selected by the teachers and administrative and clerical employes of the public 
schools under control of each of said boards, who shall elect to come under and 
participate in the benefits of this act, shall form a board of trustees, a majority of 
whom shall determine the amount to be deducted from the salaries paid to teachers 
and administrative and clerical employes as aforesaid, and shall have charge of 
and administer said funds, and shall have power to invest the same as shall be 
deemed most beneficial to said fund, and shall have power to make payments from 
said fund of annuities granted in pursuance of this act, and shall from time to time 
make and establish such rules and regulations for the administration of said fund 
as they shall deem best. (Laws 1897, p. 230. R. S. 1899, sec. 9944.) 

Sec. 528. Conditions upon which teachers and employes may be retired.—The 
public school boards or boards of directors having charge of pubilc schools in such 
cities shall have power, by a majority vote of all members, to retire any female 
teacher or other administrative and clerical employe who shall have elected to come 
under and participate in the benefits of this act, as aforesaid, ard who shall have 
taught in public schools or rendered service therein for a period aggregating twenty- 
five years; and any male teacher or administrative and clerical employe who shall 
have elected to come under and participate in the benefits of this act, as aforesaid, 
and who shall have taught or rendered such service for a period aggregating thirty 
years; and such teacher or administrative and clerical employe shall have the right, 
after such term of service, to retire and become a beneficiary under this act, pro- 
vided he shall be in the judgment of the board of trustees, physically or mentally 
incapacitated for such service: Provided, however, that four-fifths of the said term 
of service shall have been rendered by said beneficiary within the limits of the 
municipality where said boards have jurisdiction: Provided further, that said board 
of trustees shall have full power to pass on the applications of all teachers, ad- 
ministrative and clerical employes, who may elect to come under and participate in 
the benefits of this act, and prescribe rules governing time of service. (Laws 1897, 
p. 2380.. R:.S...1899, sec. 9945.) 

Sec. 529. Annuity of retired teachers.—Each teacher and administrative and 
clerical employe so retired shall thereafter be entitled to receive as an annuity sixty 
per cent of the annual salary paid to said teacher or administrative and clerical 
&mploye at the date of such retirement: Provided, however, that such annuity shall 
not exceed the sum of eight hundred dollars, which shall be paid by said boards 
out of the fund created in accordance with this act, in the manner provided by law 
for the payment of salaries. (Laws 1897, p. 230. R. S. 1899, sec. 9946.) 

Sec. 530. Board of trustees shall manage and control fund.—Said board of 
trustees is hereby given the power to use both the principal and income of said fund 
for the payment of the annuities hereinbefore mentioned, and to manage, invest and 
accumulate and otherwise control said fund, as it may provide by its rules and 
regulations, and shall have power to reduce from time to time the amount of all 
annuities. (Laws 1897, p. 230. R. S. 1899, sec. 9947.) 

Sec. 5381. Members, when declared annuitants.—That all members who shall 
become, either physically or mentally, incapacitated for school work, may, upon 
recommendation of the board of trustees, be declared by the school board to be 
annuitants, and, upon such action, shall receive an annuity as provided by the law 
as aforesaid. (Laws 1897, p. 230. R. S. 1899, sec. 9948.) 

Sec. 532. Annuitants must pay into treasury 20 per cent of salary.—No per- 
son shall become an annuitant who shall not nave paid into the treasury a sum 
equal to twenty per cent of the annual salary received by him at the time of making 
application for annuity. (Laws 1897, p. 230. R. S. 1899, sec. 9949.) 


ART. 2-3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 199 


Sec. 533. Duties of secretaries of public school boards with reference to 
pension fund.—The secretaries of such public school boards or boards of directors 
so having charge of public school funds, shall certify monthly to the treasurers 
thereof, all amounts deducted from the salaries of teachers, special teachers, principals 
and administrative and clerical employes, in accordance with the provisions of this 
act, which amounts, as well as all other moneys contributed to said fund, shall be set 
apart and held by said treasurer as a special fund for the purposes hereinbefore 
specified, subject to the order of said boards of trustees, as aforesaid, and shall be 
paid out upon warrants signed by the president and secretary of said public school 
boards. (Laws 1895, p. 268. R. S. 1899, sec. 9950.) 

Sec. 534. Acts of boards of trustees to be passed upon by the public school 
boards.—Every act of said boards of trustees shall be reported to and be passed 
upon by such public school boards or boards of directors having charge of public 
schools in such cities. (Laws 1895, p. 268. R. S. 1899, sec. 9951.) 


ARTICLH III. 
COMPULSORY BHEDUCATION. 
(Act of March 19, 1907.) 


Sec. 5384a. Duty of parent or guardian.—Every parent, guardian or other 
person in any city of the state of Missouri of five hundred thousand inhabitants or 
over having charge, control or custody of a child between the ages of eight and 
fourteen years, shall cause such child to attend regularly some day school, public, 
private. parochial or parish, not less than the entire time the school which said 
child attends is in session, or shall provide such child at home with such regular 
daily instructions during the usual hours as shall, in the judgment of a court having 
competent jurisdiction, be substantially equivalent at least to the instruction given the 
children of like age at said day school in the locality in which said child resides; 
and every parent, guardian, or person in the state of Missouri in such cities having 
charge, contro! or custody of a child between the ages of fourteen and sixteen 
years, who is not actually and regularly and lawfully engaged for at least six hours 
each day in some useful employment or service, shall cause said child to- attend 
regularly some day school as aforesaid (Laws 1907, p. 429, sec. 1.) 

Sec. 534b. Children—when excused.—A child between the ages aforesaid 
may be excused temporarily from complying with the provisions of this act, in 
whole or in part, if it be shown to the satisfaction of the attendance officer, or if 
he declines to excuse, to the satisfaction of a court of competent jurisdiction, that 
said parent, guardian or person having charge, control or custody of said child is 
not able, through extreme destitution, to provide or obtain in any way proper 
clothing for said child; or that said child is mentally or physically incapacitated 
to attend school for the whole period required, or any part thereof, or that the 
labor of said child is absolutely necessary for the support of the family, or that 
said child has completed the common school course, as prescribed by constituted 
authority, or its equivalent, and has received a certificate of graduation there- 
from: Provided, however, that in cities maintaining evening schools any child 
who has been exempted from attendance in the day school for the reason that 
the labor of said child is absolutely necessary for the support of the family, 
shall be required to attend said evening schools while they are in session, unless an 
exemption from such attendance is granted by the attendance officer. (Ib., sec. 2.) 

Sec. 534c. Board to appoint attendance officer—powers.—The board having 
charge of public schools in such city may appoint, and remove at pleasure, one or 
more attendance officers to enforce the provisions of this act, and shall fix the com- 
pensation and manner of performance of the duties of said attendance officers, and 
shall pay them from the public school funds; and the attendance officer or officers, 
as aforesaid, shall have the right to investigate the claims of children for exemption 
under section two, and to issue certificates of exemption when such claims are 
established to his or their satisfaction; shall serve written or printed notices upon 
the parents, or guardians, or persons, who, having charge, control or custody of 
children, as aforesaid, violate the provisions of this act; shall, when reasonable doubt 
exists as to the age of any such child, require a properly attested birth certificate 
or an affidavit stating such child’s age, giving the date or birth, physical character- 
istics and bearing the signature of the child; shall have the right to visit and enter 
any mine, office, factory, workshop, business house, place of amusement, or other 
place in which children are employed or engaged in any kind of service, or any 
place or building in which children loiter or idle during school hours; shall 
have the right to require a properly attested certificate of the attendance of any child 
or children at such day school; shall have power to arrest, without warrant, any 
truant, or non-attendants or other juvenile disorderly persons, and place them in 
some school, or take them to their homes, or take them to any place of detention 
provided for neglected or delinquent children by such city; shall serve in the cases 


200 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP.*27. 


which they prosecute without further fee or compensation than that paid by the 
board as aforesaid, and shall carry into effect such other regulations as may lawfully 
be required by the board appointing them. (Laws 1907, p. 429, sec. 3.) 

Sec. 534d. Certain persons to administer oaths—certificates.—Superintend- 
ents, principals and persons in charge of schools and attendance officers are author- 
ized to administer oaths and to take the affidavits of parent, guardian or other 
person having charge, control or custody of children, concerning the ages of 
children, and to furnish children with certificates of such affidavits; such certificates 
must have attached the signature of the child for whom it is issued, the signa- 
ture of the persons who made and took the affidavit, and the seal of the board 
having charge of public schools. Aforesaid certificates shall contain the description 
of the color of eye and hair of the child to whom it is issued. (Ib., p. 480, sec. 4.) 

Sec. 534e. False information as to age—penalty.—It shall be a misdemeanor 
for any parent, guardian or other person having charge, control or custody of chil- 
dren to give false information to superintendents or principals of schools or to the 
attendance officer or to make a false affidavit concerning the age of a child, and 
aforesaid parent, guardian or other person shall, upon conviction of such mis- 
demeanor, be fined not exceeding twenty-five dollars. (Ib., sec. 5.) 

Sec. 534f. Truant or parental schools.—The board having charge of the 

public schools of such city may establish and maintain from the public school 
funds one or more truant or parental schools in such city, or any such board 
may, at its discretion, purchase land and maintain such school either within or 
without such city for children who are between the ages of eight and sixteen 
years, and who are either habitual truants from any day school in which they 
are enrolled as pupils, or who, while in attendance at any school, are incorrigible, 
vicious or immoral, or who habitually loiter or wander about the streets or roads, 
or other public places without lawful employment, or who habitually frequent, 
during schoo! hours, any place of amusement, or wno idle or loiter in any place or 
building during school hours; and may, by said school board, through its officers, 
be assigned to and required and compelled to attend such truant or parental school, 
or any department of the graded schools as such board may direct; or such juvenile 
disorderly persons may be arrested, without warrant, by the attendance officers, 
and may be prosecuted by them in the juvenile court of said city, and may 
be dealt. with in such manner as provided for the treatment of neglected or de- 
linquent children under the act establishing said juvenile court in said city. (Ib., 
sec. 6.) , 
Sec. 534g. Parent violating act—penalty.—Any parent or guardian or person 
who having charge, control or custody of a child in such city, between the ages of 
eight and sixteen years, violates any provision of this act, shall be warned, as 
aforesaid, as. soon as possible after the beginning of the public school term of the 
city, and also at any time thefeafter, by the attendance officer herein provided for, 
to place and keep said child in regular attendance at some school within ten days 
from the service of said written or printed notice of warning, and upon failure 
to comply with this act after a lapse of ten days from the date of the service 
of said notice of warning, said parent or guardian, or person having charge, control 
or custody of said child shall be deemed guilty of a misdemeanor and, upon con- 
viction theerof, shall pay a fine of not less than ten dollars and not more than twenty- 
five dollars, or [be] impriSoned for not less than two days and not more than ten 
days, or both such fine and imprisonment: Provided, that said sentence of fine 
or imprisonment, or both, may be suspended and finally remitted by the court with 
or without the payment of costs, at the discretion of the court, if the said child be 
immediately placed and kept in regular attendance in some day school as afore- 
said, and if such fact of regular attendance is proven subsequently to the satisfaction 
of said court by a properly attested certificate of attendance by the superintendent, 
principal or person in charge of said day school. (Ib., sec. 7.) 

Sec. 534h. Children between 14 and 16 not to be employed certain places, 
etc.—certificate.—No child between the ages of fourteen and sixteen shall be 
employed or be engaged in service in any mine, factory, workshop, business house, 
place of amusement, or in any other place or manner who has not first furnished his 
employer a properly attested birth certificate, or an affidavit, as provided for in 
section four of this act, giving the date of birth and physical characteristics and 
the signature of the child. (Ib., p. 4381, sec. 8.) 

Sec. 5341. Same—children between 8 and 14 years.—No child between the 
ages of eight and fourteen shall be employed or be engaged in service during the 
usual school hours in any mine, office, factory, workshop, business house, place of 
amusement, or in any other place or manner, unless such child shall first furnish 
his employer a certificate, properly signed by the attendance officer, or an excuse 
from school attendance issued by a court of competent jurisdiction, showing that 
such child is for the time being excused from attendance at school, in accordance 
with section two of this act. (Ib., sec. 9.) 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 201 


Sec. 534j. Employer violating act—penalty.—Every owner, superintendent, 
officer, or person in charge of any mine, office, factory, workshop, business house, 
or place of amusement, or any person who shall employ or have in his service 
any child between eight and sixteen years of age contrary to the provisions of 
this act, shall be guilty of a misdemeanor, and, upon conviction, shall be fined for 
each offense in a sum not less than twenty or more than fifty dollars and costs. 
(Ib., sec. 10.) 

Sec. 534k. Employer to keep record of age.—Every owner, superintendent, 
officer, or person in charge of any mine, office, factory, workshop, business house, 
or place of amusement, or any person who employs or has in his service any child 
between eight and sixteen years of age, shall preserve and keep on file for each child 
between the aforesaid ages that is in his employ or service, the affidavit or cer- 
tificate of age, or the certificate of exemption from school attendance which has been 
furnished to said employer, as provided for by sections nine and ten of this act; 
and every employer, as aforesaid, shall, upon the request of the attendance officer, 
submit any or each of said certificates, affidavits, or exemptions from school at- 
tendance for inspection and examination of such officer. Any employer failing to 
comply with any of the provisions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined for such offense not less than 
twenty dollars, nor more than fifty dollars, and costs. (Ib., sec. 11.) 

Sec. 5341. Prosecutions, how and where brought—juvenile court.—Prosecu- 
tions under this act shall be brought in the name of the state of Missouri. The 
circuit court, when vested aS a juvenile court, with jurisdiction over juvenile 
offenders, shall have concurrent jurisdiction with the court in said city having 
general jurisdiction over misdemeanors to try and determine any cases of viola- 
tion of the provisions of this act by parents, employes or other persons, and 
shall also have jurisdiction to determine exemptions under section two [538b] 
and a general supervisory jurisdiction over the enforcement of the provisions. 
of this act. (Ib., p. 482, sec. 12.) 

Sec. 534m. Repealing act.—An act entitled ‘‘An act to enforce the consti- 
tutional right of every child in the state to an education, to provide for truant 
or parental schools and attendance officers in cities of ten thousand population or 
more, and to prohibit the employment of children during school hours,’ approved 
April 11, 1905, so far as the same applies to cities having five hundred thousand 
inhabitants or more, is hereby repealed. (Ib., sec. 13.) 

Sec. 5384n. Emergency.—The existing laws having been found inadequate in 
cities of five hundred thousand inhabitants and over for the declared purpose of 
enforcing the constitutional right of every child in such city to an education, and 
the necessity of making an adequate provision therefor, creates an emergency within. 
the meaning of the Constitution, and therefore, this act shall take effect and be in 
force from and after its passage. (Ib., sec. 14.) 


CHAPTER TWENTY-EIGHT. 


SANITARY DISTRICTS AND SEWERS.* 


Section 535. Sanitary districts—how established.—Whenever the construc- 
tion and maintenance of a common outlet or channel, or of a system of drains or 
sewers, for the drainage of any area in the state of Missouri, shall become neces- 
sary to secure proper sanitary conditions for the preservation of the public health, 
if such area shall lie in part within and in part without the corporate limits of 
any city having a population of 300,000 or more, said area may be established 
and incorporated as a sanitary district under this act, in the manner following, 
to wit: The mayor and assembly of the city, or the county court of the county, 
within whose limits any part of such area may lie, or in case the area is situated 
in part in a city authorized to perform all the functions of a county, and part in a 
county, both the mayor and assembly and the county court may petition the circuit 
court or courts having jurisdiction for the appointment of commissioners as here- 
inafter provided, and to take such further action as may be necessary to the sub- 
mission to the legal voters resident in such area, of the question whether such 
area shall be organized and incorporated as a sanitary district under this act. Such 
petition or petitions, which may be in the form of an ordinance of the city or order 
of the county court, shall set forth a description in general terms of the territory 
to be embraced in, and suggest a name for, the proposed sanitary district. (Laws 
1905, p. 62; sec. 1:) 


*Laws 1905, p. 62, secs. 1-16. See Charter provisions on sewers, etc: Art. IV, secs. 34, 
36; Art. III, sec. 26, clause 2; and particularly Art. VI, sec. 20-23; also notations thereto 
appended. 


202 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 28. 


Sec. 536. Commissions—reports—elections.—The circuit court or courts so 
petitioned are hereby authorized to appoint three disinterested persons, one of 
whom shall be a civil engineer or surveyor, as commissioners to lay out and define 
the boundaries of the proposed sanitary district. Said commissioners may alter,or 
amend the boundaries of the proposed district, as set forth in the petition or peti- 
tions, so that it may embrace all of the area capable of being efficiently drained by 
the common outlet or channel, or by the system of sewers or drains, or so as to 
exclude from the sanitary district any part of the natural drainage area which is so 
situated as not to be benefited by the proposed sanitary drainage, and for this 
purpose they shall have power to have made all surveys and maps necessary to 
locate and describe the said boundaries. Said commissioners shall qualify by tak- 
ing oath to faithfully and impartially perform their duties, and when so qualified 
shall give notice by publication at least five times, in one or more newspapers hay- 
ing a general circulation in the proposed district, of the time and place where they 
will meet to consider and establish said boundaries. Said notice shall be given 
at least twenty days prior to the meeting, and the meeting place shall be in the 
courthouse of the county, or city hall of the city. At the meeting the commissioner 
first named in the order of appointment shall preside, and all persons residing or 
owning real property in such proposed district, or adjacent thereto, shall have the 
right to be heard as to the location of the boundaries of such proposed district; 
and the commissioners or a majority of them after such hearing shall fix and deter- 
mine the boundaries of the proposed district. The commissioners may adjourn 
from day to day until the hearing shall be complete, and for their services shall 
receive $10 per day each, for each day of actual service. They may employ a 
competent person as stenographer and clerk, whose compensation shall be $5 per 
day. The commissioners shall make their report, accompanied by a map or plan 
showing the boundaries of the proposed district, in relation to the property lines 
intersected or followed by them, also in relation to city or county boundaries, to 
the court or courts by which they were appointed. Said report and map, if ap- 
proved by the court or courts, shall then be filed in the office of the recorder of 
deeds for the county or counties, or city, in which the proposed district is situated, 
and copies of the map with the mayor of the city and with the county court of the 
respective county or counties. It shall then be the duty of said mayor and county 
court or courts to submit to the legal voters of the proposed district the question 
of the organization and incorporation of the proposed sanitary district, with boun- 
daries as determined by the said commissioners and approved by the said court or 
courts, at an election to be held on the first Tuesday after the first Monday in No- 
vember thence next ensuing; notice whereof shall be given as required by the stat- 
utes of the state of Missouri regarding the election of county officers. Polls shall 
be opened, so far as practicable, at or near the usual polling places at general elec- 
tions. Votes shall be received and counted by three persons at each polling place, 
chosen from their number by the lawfully qualified electors resident in the proposed 
district, not less than nine in number present at any poll. The returns of the 
vote, certified to under oath by those who receive and count the vote, shall be 
made to the secretary of state of the state of Missouri, who shall ascertain and 
declare the result. Each legal voter resident within such proposed sanitary dis- 
trict shall have a right to cast a ballot at such election, with the words thereon: 
“For sanitary district,’ or ‘‘Against sanitary district.”’ If a majority of the votes 
cast shall be ‘‘For sanitary district,’’ such proposed district shall thenceforth be 
deemed an organized sanitary district under this act. When the board of trustees 
hereinafter provided for shall be appointed and organized, such sanitary district 
shall be considered in law and equity a body corporate and politic, known by the 
name and style of ‘“‘The sanitary district of ——————_,”’ and by such name and 
style may sue and be sued, contract and be contracted with, acquire and hold real 
estate and personal property necessary for corporate purposes, and adopt a com- 
mon seal. All courts in this state shall take judicial notice of the existence of all 
sanitary districts organized under this act. If the proposition to establish the san- 
itary district is carried, the cost of all preliminary proceedings shall be borne by 
the district; if it is defeated, all costs of court, of commissioners and of the etec- 
tion shall be borne by the city and county, if of independent jurisdiction—each be- 
ing liable for all expenses in regard to proceedings under its petitions. If its juris- 
diction is single, the county court shall pay for all said expenses. When a natural 
drainage area includes territory lying in part in a county and in part in a city 
exercising the functions of a county, or in two or more counties, then the pro- 
ceedings hereinbefore prescribed shall state that the proposition is to unite the 
parts so situated in independent jurisdictions into a single sanitary district; and 
if the proposition is carried by a majority vote in each of the parts, then the dis- 
trict shall be united and organized as described in said proceedings, and the cCir- 
cuit court having jurisdiction over the major part of the area included in the 


CHAP. 28.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 203 


district so organized, shall have and is directed to exercise jurisdiction in al] cases 
or questions arising out of the organization of the district, or from the acts of the 
board of trustees thereof. (Ib., p. 63, sec. 2.) 

Sec. 587. Trustees—term, etc.—The board of trustees for the sanitary dis- 
trict shall be constituted as follows: The county court shall appoint one; the 
mayor of the city, with the approval of the higher branch of the legislative de- 
partment of the city government, shall appoint one; and the court having juris- 
diction over the whole or major part of the territory embraced in the district, as 
shown by the map thereof, shall appoint one, who shall be a civil engineer of good 
repute in his profession, and a recognized expert in matters of drainage. The ap- 
pointee of the circuit court shall be the president of the board, and its executive 
officer. For their services the trustees shall receive salaries proportioned to the 
actual services rendered the district; the amount of salaries in each case shall be 
fixed on a per diem basis by the circuit court which appoints the third member, as 
before provided. If more than one sanitary district be organized with territory 
common to the same city and county or counties, the same persons may be ap- 
pointed as trustees for any or all such districts. The official or court appointing 
the trustees shall have the power to appoint a successor when any vacancy occurs 
by reason of death, resignation, or removal from office or expiration of term. He 
or it may also remove such appointee for cause. The term of office of the first 
appointee of the circuit court shall be three years; that of the county court two 
years, and that of the mayor one year. Subsequent terms shall all be for three 
years, always subject to the condition that the board of trustees may be abolished, 
as hereinafter provided. The board of trustees shall have power to elect a clerk, 
chief engineer and attorney, and to employ from time to time such other persons 
as may be necessary, and to remove and discharge them at its pleasure; to fix the 
compensation of such appointees or employes, and to require them to give bond 
for the faithful performance of their duties: Provided, that no salary so paid, 
calculated on per diem basis, shall exceed the per diem allowed the president of the 
board. (Ib., sec. 3.) 

Sec. 538. Same—powers of board.—Said board of trustees shall have power 
to pass all necessary rules and regulations for the proper management and conduct 
of the business of said board of trustees, and of said corporation, and for the 
carrying into effect the objects for which such sanitary district is formed. (lIb., 
p. 65, sec. 4.) 

Sec. 539. Means to carry act into effect.—To provide means to carry into 
effect the objects for which such sanitary district is formed, the lawful authorities 
in the city, and the county court in counties, in which sanitary districts may 
wholly or in part be situated, shall levy and assess upon all the lands lying within 
such sanitary district, exclusive of streets, roads and alleys duly opened to public 
use, a uniform special drainage tax, to be fixed by requisition and certified by ordi- 
nance of the board of trustees of such sanitary district. And the mayor and as- 
sembly of said city are hereby authorized and required to levy such special tax, in 
addition to the amount they may be authorized to levy for general municipal pur- 
poses by the charter of said city. And the county court or courts is hereby author- 
ized and required to levy such special tax, in addition to the amount it may be 
authorized to levy for general county purpose. The amount of such special tax 
in any year shall not exceed one-half of one per cent on the assessed and equalized 
valuation of such lands for that year. No lands, other than streets, roads and al- 
leys shall be exempt from said special tax, and if not valued and assessed for other 
purposes, shall be valued and assessed for this. Such special tax shall be collected 
and enforced by the same officers and in the same manner as provided for state 
and county taxes. The amounts collected shall be paid into the treasury of the 
city and of the county or counties in which the collections are made, and be cred- 
ited to a special fund, called ‘“‘The drainage fund of the sanitary district of 
———_——_.,’’ and shall be used for no other purpose than for the payment of 
vouchers, drawn under the authority vested in the board of trustees for the sani- 
tary district, as hereinafter specified. 

Sec. 539a. Vouchers.—The board of trustees of sanitary districts shall have 
the power to issue vouchers payable by the treasurer of the city or of the county 
in which such sanitary district is wholly or in part situated, out of any funds in 
such treasurer’s hands to the credit of the special fund of the sanitary district for 
the following named purposes, to wit: For the preliminary expenses incurred in 
organizing the district; for salaries and current expenses of the board, and salaries 
of its employes; for making surveys, plans and superintendence of work; for the 
payment of judgments for damages and costs, or the agreed price for right of way 
and easements; for payment of principal and interest of lawfully incurred indebt- 
edness, and for work done or materials furnished for the construction or main- 
tenance of channels, drains or sewers. (Ib., sec. 5.) 

Sec. 540. Board to make surveys and define areas.—It shall be the duty of 
the board of trustees to make the necessary surveys, and to map out and define the 


204 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 28, 


several natural drainage areas in the district, and to lay out a general plan for the 
drainage thereof; besides the main outlet or outlets, the plan shall embrace 
branches or sub-mains, necessary for a complete system of principal drains for the 
entire district. Branch or sub-mains to be paid for out of the general revenue of 
the district, shall not be extended beyond the point at which they will receive the 
drainage of an area of less than 800 acres. Outlets and the larger branches or 
sub-mains may be open channels, whose general course shall be followed by inter- 
cepting sewers, to collect and convey sewage or polluted drainage. The board 
shall also subdivide the district into convenient sub-districts, not larger than 1,000 
acres in extent, within which the sewers or drains necessary to complete the drain- 
age shall be constructed at the expense of the sub-district, as hereinafter pro- 
vided. When such plans are complete for a definite district or sub-district, the 
board of trustees shall adopt them by ordinance, and such ordinance when pub- 
lished in one or more newspapers having general circulation in the sanitary dis- 
trict, shall be binding upon all persons, corporations and municipalities; and noth- 
ing shall be done affecting the drainage of any part of the district (other than 
ordinary farm or agricultural drains) by any person, corporation or municipality 
inconsistent with such plans or without the permission of said board of trustees. 
(LOE dSeC aie) 


Sec. 541. Condemnation of private property.—If, in the judgment of the 
board of trustees, it is necessary to acquire rights of way or easements for drain- 
age purposes, through private property, it shall, by ordinance duly certified, call 
upon the authority of the city or county having the right to cause the condemna- 
tion of private property for public use, to procure such rights of way or easement 
by due process of law; or said board may obtain the same by purchase, gift or 
otherwise. All costs of proceedings and damages allowed shall be paid out of the 
special drainage fund in the treasury of the city or county in which the property 
taken is situated. The board of trustees of such drainage district, if it be neces- 
sary to cross, follow or traverse public streets, roads or alleys, or grounds held or 
used as public parks or places, shall have the right to do so upon the following 
conditions: The board of trustees shail file with the county court or mayor of the 
city having immediate jurisdiction over the street, road, alley or public park or 
place, a map showing the location and extent of the proposed occupancy for drain- 
age purposes and a plan of the proposed works, which plan shall be so made and 
arranged as not to interfere with the ordinary and lawful use of said street, road, 
alley, public park or place, except during a reasonable time for the construction of 
the necessary works—said map and plan to be subject to approval by the county 
court or mayor of the city. The entire expense of the works and restoration of 
the ground occupied to its former condition, as near aS may be, shall be borne by 
the sanitary district. (Ib., p. 66, sec. 8.) 


Sec. 542. Bonds.—lIf, in the judgment of the board of trustees, the con- 
struction of the whole or any part of the general plan adopted is an urgent sanitary 
measure, and the means provided under section 4 of this act are insufficient to do 
the work as rapidly as may, in the judgment of said board, be necessary, the said 
board may apply to the court or courts having jurisdiction for an order of said 
court or courts, authorizing the issue of bonds for the purpose of anticipating the 
revenue of the sanitary district. The application shall state the purpose, amount 
and all conditions of the proposed issue of bonds. Said court shall have the power, 
in its discretion, to authorize the issue of such bonds, provided that the total 
amount outstanding shall, at no time, exceed the anticipated revenue of the sani- 
tary district for the ten years next ensuing, computed on the basis of a levy of one- 
half of one per cent annually, upon the valuation for the year in which the author- 
ity for issue is given. Bonds issued under the authority of this act shall not run 
for a term exceeding twenty years, nor bear a higher rate of interest than six per 
cent per annum. When bonds are so issued and sold, the special fund before de- 
scribed, arising from tax collections, shall each year first be charged with the in- 
terest falling due that year, and with a proportion of the total amount of outstand- 
ing bonds, ascertained by dividing said total amount by the number of years the 
bonds have to run, and the amount so ascertained shall be set apart as a sinking 
fund to provide for the payment of interest, and for the payment or purchase of 
said bonds. The bonds issued under the authority of this act shall have a copy of 
this section and of the order of the court printed on their back, and shall be regis- 
tered in the office of the secretary of state of the state of Missouri. The sinking 
fund above provided for shall each year be paid into the treasury of the state, and 
payments therefrom for interest and principal shall be made as provided in the 
case of bonds payable by the state of Missouri. The proceeds of bonds issued under 
the authority of this act shall be deposited with the treasurer of the city, and 
shall be a special fund, and be used for no purpose except the payment of vouch- 
ers for work done or materials furnished for the construction of channels, drains 


CHAP 28.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 205 


and sewers. In case of appeal from the action of the court applied to as above 
provided, the appeal shall be heard and determined as a privileged case by the 
supreme court of the state of Missouri. (lIb., sec. 9.) 

Sec. 543. Contracts.—Tne board of trustees for the sanitary district shall 
let contracts for all work to be done, excepting in case of repairs or emergencies 
requiring prompt attention, in the construction of channels, drains or sewers, un- 
der the authority of this act, the expense of which will exceed five hundred dollars, 
to the lowest responsible bidder therefor, upon not less than twenty days’ notice 
of said letting, giving by publication in a newspaper of general circulation in the 
district, and in the discretion of the said board, in one or more newspapers of gen- 
eral circulation among contractors. The said board shall have the power and 
authority to reject any and all bids, and readvertise the work. The board of 
trustees shall also have the power to enter into agreements with persons, firms or 
corporations of known standing and competence for the execution and prepara- 
tin of the surveys, maps and plans needed and required by the said board, and 
also for the laying out and superintendence of work to be constructed under the 
authority of this act; but no single agreement so made shall cover more than one 
piece or class of work. (Ib., sec. 10.) 

Sec. 544. City authorities to construct sewers and drains, when.—The law- 
ful authorities of any city or incorporated town or village, the county court of any 
county, individual owners or associations of such owners, shall have the right to 
construct sewers or drains in sanitary districts, organized under this act, at their 
own expense, but plans for such sewers and drains must conform to the plans 
adopted by the board of trustees, and all such plans must be submitted to and be 
approved by said board of trustees before any construction work is done thereon. 

Sec. 545. Special taxes—payment.—When sewers are needed for the com- 
plete or sanitary drainage of a sub-district, being a part of a sanitary district not 
exceeding 1,000 acres in area, such sewers may be built by the board of trustees 
created under this act, if parts of the sub-district so to be drained be situated 
in different and independent jurisdiction; but, if such sub-district lie wholly 
within the limits of a single jurisdiction, then the powers conferred by this section 
shall be vested in and exercised by that jurisdiction. The board of trustees herein 
created, in the case described above, otherwise the city, incorporated town or vil- 
lage, or county court, having jurisdiction over the sub-district, shall have the 
power, when petitioned so to do by a majority of the resident tax-payers within 
the sub-district described in the petition, or upon a recommendation of a lawfully 
organized board of health, that the complete or sanitary drainage of a certain de- 
scribed area in a sub-district is needed as a sanitary measure, to provide for the 
construction of a complete system of sewers in such sub-district or convenient 
part thereof, and to assess the cost of such sewers upon the property drained 
thereby as a special tax; said special tax shall be uniform in the proportion that 
the area of each lot or parcel of ground, taken to a distance not exceeding 200 
feet from the center line of the sewer, bears to the whole area drained by the 
sewers for which assessment is made. Special tax-bills shall be issued against 
each lot or parcel of ground drained or drainable by the sewer, or the portion of 
such lot or parcel lying within 200 feet of the center line of such sewer or sewers. 
Such special tax-bills shall be a lien upon the property charged therewith, as is 
provided for other special tax-bills authorized by the statutes of the state of Missouri; 
but if any owner of any lot or parcel of ground assessable hereunder shall, within 
twenty days after the passage of the ordinance or order for the construction of such 
sewers, make written request that he be allowed to pay the special tax thereon by in- 
stallments, said special tax-bills against the property described in his request shall be 
divided, and portions made payable at certain dates and in amounts named; but the 
time of payment shall not extend beyond five years, nor the number of installments 
to more than five. Each installment shall bear interest at the rate of 6 per cent per 
annum from date of issue of the special tax-bill until due, and if not paid when 
due the rate of interest shall thereafter be 10 per cent per annum. If any install- 
ment remain unpaid for six months after it become due, then all unpaid install- 
ments shall be deemed to have become due with it, and the lien upon the property 
may be enforced for the whole amount unpaid together with interest thereon. 
Said special tax-bills shall be issued by the board of trustees and authenticated by 
the seal of said board or by the authorities of the city, in the manner other special 
tax-bills are issued by said city. If the sewers be built by the board of trustees, 
or a county court, the cost of engineering and superintendence shall be added to 
the cost of construction, in ascertaining the amount to be assessed against the 
property drained; but the cost of engineering and superintendence shall not ex- 
ceed 10 per cent of the cost of construction, as finally estimated. If the sewers be 
built by the city, incorporated town or village, the cost of engineering and super- 
intendence shall be borne by such city, incorporated town or village. The special 
tax-bills shall be issued to the contractors, or to persons rendering service or fur- 
nishing materials in a sub-district, under contract or agreement with the board 


206 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 28-29. 


of trustees, or the competent authorities of the city, incorporated town or village, 
or county court, in full settlement for all sums that may be due, arising from such 
contracts or agreements; but no claims shall be entertained or allowed for pay- 
ment in any other way than by the issue of and delivery of such special tax-bills. 
(Ibs pe. 64,866. 322) 

Sec. 546. Acceptance of private sewers already constructed.—The board of 
trustees created by this act, or the authorities of the city, town or village, or the 
county court, shall have the power to accept from private persons or corporations 
any sewers or drains constructed by them before or after the organization of the 
sanitary district, and to allow an equitable credit for such sewers or drains; or to 
acquire the same by process of law if needed: Provided, that the sewers or drains 
accepted, in plans, materials and construction, conform to the plans adopted and 
approved by the board for similar work done by said board; and provided, in the 
case of acceptance, that the amount allowed shall not exceed the amount assessa- 
ble as a special tax against the property drained thereby, under the preceding sec- 
tion of this act. The title to or ownership of such sewers or drains shall be con- 
sidered as attaching to all lands actually drained thereby in proportion to the 
areas of such lands, and the credit shall be allowed to the owners of record. (Ib., 
sec. 13.) 

Sec. 547. Dissolution of board.—When the object for which a sanitary dis- 
trict was organized is accomplished by the completion of the main channel, drains 
or sewers, contemplated and adopted in the general plan, and when the areas of 
divided jurisdiction are drained or otherwise provided for (which facts the circuit 
court for the district in which the whole or the major part of the territory em- 
braced in the district shall determine), then the board of trustees of such sanitary 
district shall cease to exist at the expiration of sixty days after the date of the 
decree of court expressing such determination. But provision shall be made for 
the fulfillment of all contracts and obligations which have been made by said board 
of trustees, the responsibility therefor being assumed by the city or county directly 
interested. Provision shall also be made for the prompt payment of all outstand- 
ing bonds of the sanitary district. (Ib., p. 69, sec. 14.) 

Sec. 548. Certain officers to assist in making act effective.—It is hereby 
made the duty of the secretary oi state, the mayors of cities, the circuit court, the 
county court of counties, and all assessors, sheriffs, collectors, treasurers and other 
officials in the state of Missouri, to do and perform all the acts and to render all 
the services necessary to carry out the purposes of this act, and for such services 
they shall receive the fees, or other compensation allowed by law for similar 
services rendered to cities, counties, or the state. (Ib., sec. 15.) 

Sec. 549. How this act construed.—Nothing in this act contained shall be so 
construed as to constitute a contract or grant between the state of Missouri and 
any sanitary district formed under its provisions, or to prevent, debar or deprive 
the state of Missouri from, at any time in the future, altering, amending or repeal- 
ing this act, or imposing any conditions, restrictions or requirements other, differ- 
ent or additional to any herein contained, upon any sanitary district formed here- 
under. (Ib., sec. 16.) 


CHAPTER TWENTY-NINE. 
SHERIFF AND CORONER.* 


Sec. 550. Duty of sheriff of city of St. Louis.—The sheriff of the city of St. 
Louis shall do and perform all acts and duties prescribed by general and special 
laws applicable to the sheriff of St. Louis county, which were in force at the time 
of the adoption of the scheme and charter, except in such cases as are inconsistent 
with some provisions of said scheme and charter. (Laws 1877, p. 188, sec. 1. 
R. S. 1899, *. 2548.) 

Sec. 551. Bond, by whom approved.—tThe official bond of said sheriff shall 
be in such sum as is prescribed by law, and shall be approved by the St. Louis 
circuit court. (Laws 1877, p. 188, sec. 2. R. S. 1899, p. 2548.) 

Sec. 552. To execute process of what courts. eA] process of the circuit 
court in said city of St. Louis, the St. Louis criminal court, the St. Louis court of 
criminal correction, and the probate court of the city of St. Louis, shall be directed 
to and executed by the sheriff of said city. (Laws 1879, p. 40, sec. 1. R.S., p. 


2548—h.) 


*See Scheme, secs. 3, 5, 18, 30, 33; Charter Art. IV, sec. 14. 

(rh) Sheriff disqualified from summoning jurors in criminal case where he is a 
witness for the prosecution, and this is true of a cause in the St. Louis Court of Crim- 
inal Correction: State v. Powers, 136 Mo. 194. 

The above act, 1879, p. 40 (secs. 552 to 561 hereof) is constitutional: Kenefick vs. 


St: Louis,.127;) Mo. 4 


CHAP. 29.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 207 


Sec. 553. To attend upon what courts.—It shall be the duty of the sheriff 
of the city of St. Louis to attend said courts, and do and perform all acts hereto- 
fore enjoined upon and required by law to be performed by the marshal of St. 
Louis county, and now devolved upon the marshal of the city of St. Louis. (Laws 
4879, p.- 40, sec. 2. R. S. 1899, p. 2548.) 


Sec. 554. Fees of sheriff.—The sheriff of the city of St. Louis, for his 
services, shall be allowed the same fees in the St. Louis criminal court, the St. 
Louis court of criminal correction and the probate court of the city of St. Louis, 
as were heretofore allowed the marshal of St. Louis county for like services, to be 
taxed and collected as other costs in criminal and civil cases. (Laws 1879, p. 40, 
sec. 3. R. S. 1899, p. 2548—7.) . 


Sec. 555. General duties of sheriff and coroner.—dAll general laws relating 
and applicable to the sheriffs and coroners of the several counties of this state 
shall apply to the same officers in the city of St. Louis, and all special laws appli- 
cable to the sheriff, marshal or coroner of St. Louis county, as organized before 
the separation of the city and county of St. Louis, by the adoption of the scheme of 
separation, shall still apply to the sheriff or coroner in the city of St. Louis, and all 
acts and parts of acts providing for any legal process to be directed by any sheriff 
or coroner of any county or the marshal of St. Louis county, shall be so construed 
as to mean the sheriff or coroner of the city of St. Louis, as if such officer were 
specifically named in such act. (Laws 1879, p. 39, sec. 1. R. S. 1899, p. 2548.) 


Sec. 556. Sheriff to keep account of all fees received.—The sheriff of the 
city of St. Louis shall keep full, complete, itemized accounts of all fees, commis- 
sions and emoluments accruing to him by virtue of his office, and of all expenses, 
including the pay of his deputies, incurred by him in the discharge of the duties 
of his office. (Laws 1879, p. 98, sec. 1. R. S. 1899, p. 2548—7.) 


Sec. 557. Shall file statement with circuit clerk.—Said sheriff shall, within 
ten days next after the end of each six months of his term of office, make and file 
in the office of the clerk of the circuit court of St. Louis city, an itemized state- 
ment, verified by oath, of all such fees, commissions, emoluments and expenses of 
his office for such period of six months; and such clerk shall note the filing of 
such statement upon the docket of the court in general term; and the court in 
general term shall, without delay, proceed to examine and settle with such sheriff 
his accounts of the fees, commissions, emoluments and expenses of his office, and, 
in such settlement, shall carefully inquire into and charge such sheriff with all the 
fees, commissions and emoluments of his office for such period, and, in like man- 
ner, inquire into the expenses of such office for such period, and disallow all such 
expenses as the court may find have been improperly incurred, and in such exam- 
ination the court may compel the attendance of and examine witnesses, and compel 
the production of books and papers, as occasion may require; and such settlements, 
when made, shall be conclusive of the amounts of such fees, commissions and emol- 
uments, and of the expenses of such office. (Laws 1879, p. 98, sec. 2. R. S. 1899, 
p. 2549—k. ) 


Sec. 558. Amount of fees retained—remainder to be paid to treasurer.— 
Such sheriff, out of the fees, compensation and emoluments of his office, may for 
each year of his term of office, receive and retain the sum of ten thousand dollars, 
over and above all such expenses as shall be allowed to him in his settlements 
above provided for; and all fees, compensation and emoluments which shall be 
collected by any sheriff or by his successor for him, in excess of the amount which 


(7) The Sheriff is entiled to $1.25 per day under the statute for safe-keeping a 
person “undergoing an examination preparatory to his commitment,’’ where held for 
more than a day, nor does he lose such fee where such person is Kept in the calaboose 
furnished by the city authorities, guarded by the city jailer and police: State ex rel. vs. 
Clark, 170 Mo. 67. Although the Sneriff of St. Louis is required to attend the criminal 
courts and Court of Criminal Correction in St. Louis, yet as no statute provides for a 
fee, and as statutes allowing fees are strictly construed, he is not entitled to any com- 
pensation therefor: State ex rel. vs. Brown, 146 Mo. 401. 


(Gj) The sheriff of St. Louis must render aé_e separate account of re- 
ceipts and expenditures for each year, and the fees of a particular year are 
those earned for that year, no matter when, collected. ELArrine toni, Wes wc 


Louis, 107 Mo. 327. Under the constitution and act of 1879, the sheriff of the city 
of St. Louis is not entitled to more than $10,000 in the aggregate out of his entire of- 
ficial earnings of any one year. State ex rel. v. Pohlman, 60 Mo. App. 444; Kenefick 
v. St. Louis, 127 Mo. 1. If such earnings during any year are collected in part by the 
sheriff himself and in part by his successor, and his own collections do not exhaust 
such limit of $10,000, he is entitled to recover enough of such collections by his succes- 
sors to make good the deficit: State ex rel. v. Pohlman, 60 Mo. App. 444. 


(k) The auditor is without right of authority to inquire into the correctness of a 
settlement of the sheriff’s account by the circuit court, which is final against the city; 
his sole duty is to issue his warrant for the amount shown: State ex rel. vs. Brown, 72 
Mo. App. 651. See also as to right of Ct. Crim. Cor. to provide for proper expenditures: 
State ex rel. vs. Smith, 5 Mo. App. 427. 


208 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP 29. 


such sheriff may so receive and retain, shall be paid to the treasurer of the city of 
St. Louis, for the use of said city. (Laws 1879, p. 98, sec..3. R. S. 1899, p. 2549 
—l.) 

Sec. 559. Kees, how apportioned in certain cases.—If such sheriff fail to hold 
his office during the whole of any year, he shall be entitled to retain therefor, such 
part of the sum of ten thousand dollars as shall bear to such sum the same pro- 
portion as the part of such year during which he shall hold such office shall bear 
to the entire year. (Laws 1879, p. 98, sec. 4. R. S. 1899, p. 2549.) 

Sec. 560. Proceedings upon failure to file statement.—If any sheriff fail to 
make and file such statement with said clerk, as above required, the said court, in 
general term, shall issue a citation to such sheriff requiring him to make and file 
such statement on or before a day to be named in such citation; such citation may 
be served upon such sheriff in such manner as the court shall order; and if such 
sheriff, after service of such citation, fail to make and file such statement as re- 
quired by the court, the court may, by attachment, compel the attendance of such 
sheriff, and if necessary, commit him to jail until he make and file such statement, 
and in addition thereto may fine him for his failure to make and file such state- 
ment according to the provisions of section eight of this article, in a sum not ex- 
ceeding ten thousand dollars. (Laws 1879, p. 98, sec. 5. R. S. 1899, p. 2549.) 

Sec. 561. The city may sue and recover, in what cases.—The city of St. 
Louis may sue for and recover all sums of money payable into the treasury thereof 
by any sheriff, and the sheriff and his sureties on his official bond shall be liable 
therefor. (Laws 1879, p. 98, sec. 6. R.S. 1899, p. 2549.) 

Sec. 562. Sales of real estate, how conducted.—All sales of real estate in 
the city of St. Louis made by the sheriff of said city, shall be made in the manner 
now provided by law, and as hereafter made by the sheriff of the county of St. 
Louis.) (Laws sl 877; piel 91) set 1 Rivas: looove aoe) 

Sec. 563. Effect of sales.—All such sales so made by the sheriff of said city 
shall be valid and binding, and shall be effectual to pass the title of the property 
sold to the purchaser thereof. (Laws 1877, p. 191, sec. 2. R. S. 1899, p. 2550.) 

Sec. 564. Sheriff to execute deed.—For the property so sold by him, the said 
sheriff of said city shall execute and deliver to the purchaser thereof good and suf- 
ficient deeds of conveyance, which he shall first acknowledge before the St. Louis 
circuit court; and all such deeds, when so executed, acknowledged and recorded, 
shall have same force and effect as are given by law to deeds made by other sheriffs 
in this state. (Laws 1877, p. 191, sec. 3. R. S. 1899, p. 2550.) 

Sec. 565. Powers and duties of coroner, appointment, deputies.—The coroner 
of the city of St. Louis shall do and perform all acts within the limits of the said 
city of St. Louis required by law of coroners of the different counties of this state. 
and he is _ hereby authorized and empowered to employ two deputies, who shall 
take the same oath, possess the powers and perform the same duties as their prin- 
cipal, and for whose official conduct their principal shall be responsible. The ap- 
pointments of such deputies shall be in writing, shall be filed with the mayor of 
said city of St. Louis, and may be revoked at the pleasure of their principal. (Laws 
L893 spiel. ROS 1899p: 2bo0)) 

Sec. 566. Fees and costs, how paid.—The costs and expenses of any inquest, 
including the fees of the coroner, of jurors, witnesses, constables and others en- 
titled to fees, for which the city is liable, shall be audited and paid as may be 
provided by the charter and ordinances of the city of St. Louis. (Laws 1877, p. 
LOL, sec.:'4.R./S:/18 9978p zoo 0s) 

Sec. 567. Powers and duties of mayor.—The mayor of the city of St. Louis 
shall do and perform all acts required of the county court by chapter forty-one of 
the revised statutes of Missouri, entitled ‘‘Coroners and Inquests.”’ (Laws 1877, 
Diehl Ie SeCAa lenis. 1S 99s pweco oll) 


Sec. 568. Duties generally—when entitled to counsel fees.—Every sheriff 
shall quell and suppress assaults and batteries, riots, routs, affrays and insurrec- 
tions; shall apprehend and commit to jail all felons and traitors, and execute all 
process directed to him by legal authority, including writs of replevin, attachments 
and final process issued by justices of the peace; and he shall attend upon all courts 
of record at every term, and in all cities which now have or shall hereafter have a 
population of three hundred thousand inhabitants or more, he may employ counsel 
to aid and advise him in the discharge of his duties, and to represent him in court, 
and may fix the compensation to be paid such counsel, not, however, to exceed the 
sum of two thousand dollars per annum. Provided, the whole compensation is paid 
out of the fees of his office of sheriff; and the court shall have power to audit and 
allow such compensation as other fees and expenses are allowed by law. (R. S. 
1899, sec. 10046.) 


(7) See Kenefick vs. St. Louis, susxa, State ex rel. vs. Pohlman, supra. 


CHAP. 30-31.]. STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 209 


CHARTER THIRTY. 
SMOKE ABATEMENT.* 


Section 569. Emission of dense smoke into open air declared a public nui- 
sance—penalties—penalties accumulative.—The emission or discharge into the 
open air of dense smoke within the corporate limits of cities of this state which 
now have or may have hereafter a population of one hundred thousand inhabit- 
ants is hereby declared to be a public nuisance. The owners, lessees, occupants, 
managers or agents of any building, establishment or premises from which dense 
smoke is so emitted or discharged, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, in any court of competent jurisdiction, shall pay a fine of 
not less than twenty-five dollars, nor more than one hundred dollars. And each and 
every day whereon such smoke shall be emitted or discharged shall constitute a 
separate offense: Provided, however, that in any suit or proceeding under this 
act, it shall be a good defense if the person charged with a violation thereof shall 
show to the satisfaction of the jury or court trying the facts, that there is no known 
practicable device, appliance, means or method by application of which to his 
building, establishment or premises the emission or discharge of the dense smoke 
complained of in that proceeding could have been prevented. (Laws 1901, pp. 
73-74—m. ) 

Sec. 570. Cities empowered to enforce act by ordinance.—All cities to which 
the provisions of this act are applicable are hereby empowered to enact all neces- 
sary or desirable ordinances, not inconsistent with the provisions herein, nor the 
constitution, nor any general law of this state, in order to carry out the provisions 
of this act. (Ib.) 

Sec. 571. Inconsistent acts repealed.—All acts or parts of acts inconsistent 
with this act, or any part hereof, are hereby repealed. (Ib.) 


CHAPTER THIRTY-ONE. 


STENOGRAPHERS. 


ARTICLE I. 
STENOGRAPHERS IN CITIES AND COUNTIES HAVING THREE HUNDRED AND 
FIFTY THOUSAND OR MORE INHABITANTS. 

Section 572. Authorizing judge of a division circuit court to appoint stenog- 
rapher for his division.—For the purpose of expediting the public business and 
preserving an accurate report of proceedings in the trial of causes without ex- 
pensive delays, the judge of the circuit court, or when said court consists of more 
than one judge, then the judge of each division thereof, in all cities and counties 
in this state which now have and such as may hereafter have a population of three 
hundred and fifty thousand inhabitants or more, is authorized to appoint one offi- 
cial stenographer for such court or division. such stenographer shall be an officer 
of such court, and shall file therein an affidavit to discharge faithfully and impar- 
tially the duties of such office, and shall also file therein a bond to the State of 
Missouri, in the sum of three thousand dollars with two sureties approved by said 
judge, conditioned for the faithful and impartial discharge of such duties, upon 
which any person injured by breach thereof may maintain an action as upon other 
official bonds. Such stenographer shall hold his office until removed by an order 
of such judge or by an order of such judge appointing a successor. (Laws 1901, 
p. 250, amending R. S. 1899, sec. 10105.) 

Sec. 573. Duties of stenographer.—It shall be the duty of each official sten- 
ographer so appointed to attend the sessions of the court, or division to which he 
is assigned, according to the direction of the judge thereof, to take full steno- 
graphic notes of the oral evidence offered in every case tried in said court or divi- 
sion, and of other proceedings when directed by said judge to be so reported, to- 
gether with all objections to the admissibility of testimony and the rulings of the 
court thereon, and all exceptions taken to such rulings; to preserve all official notes 
taken in said court for future use or reference, and to finally deposit the same 
with the records of said court, according to the directions of the judge thereof; anda 
to furnish to any person a long-hand transcript of all or any required part of sald 
evidence or oral proceedings upon the payment to him of the fees hereinafter pro- 
vided. When not reporting in open court, it shall also be his duty to take such 
notes as may be requested by the judge in chambers, and to furnish the latter a 
transcript thereof when required. R. S. 1899, sec. 10106—n.) 


*Ordinances in pursuance hereof, see Rev. Code, Chapter XVIII; Art. V, Secs. 1619- 
1631 inclusive, and notation of cases thereto. 

(m) Indictment hereunder of one as “manager” is sufficient, without stating for 
whom the buildings were managed: State vs. Everman, 115 Mo. App. 660. The pro- 
visions of this law were fully sustained in State vs. Tower, 185 Mo. 79. 

(x) The law prescribes the stenographer’s duties; all else is extra-official: Padgitt 
vs. Moll, 159 Mo. 143, 155. 


210 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP.. sis 


Sec. 574. Salary and fees.—Each official stenographer shall receive, as com- 
pensation for his services, the sum of eighteen hundred dollars per year, 
which shall be paid in installments of one hundred and fifty dollars at the end 
of each month of said year, by the treasurer of the city wherein the court of 
which he is stenographer is situated, upon presentation to such treasurer of vouch- 
ers duly approved and certified by the judge in whose division of court such sten- 
ographer is employed. Each stenographer shall also receive from any person or- 
dering long-hand transcripts of his notes such fees for the same as may be from 
time to time established by orders of said court, or judges, as mentioned in section 
10105 of this article, not exceeding, however, fifteen cents per folio of one hundred 
words, each four figures to be also counted as one word; and any judge of any court 
may, in his discretion, order a transcript of all or any part of the evidence or oral 
proceedings for his own use, and the stenographer’s fees for making the same 
shall be taxed in the same manner as other costs in the case. (R. 8S. 1899, sec. 
10107.) 

Sec. 575. Fee to be taxed in each case.—In every case, except in suits by the 
state for the collection of delinquent taxes, now or hereafter pending in any circuit 
court or division thereof where an official stenographer is appointed, the clerk of 
said court shall tax up the sum of three dollars, to be collected as other costs, and 
thereupon to be paid by said clerk to the city treasurer, to apply to the payment of 
salary of such stenographers as above. (R. S. 1899, sec. 10108—o.) 

Sec. 576. Deputies.—Each official stenographer may appoint one or more 
deputies, when necessary, to assist him in the discharge of his duties, by a written 
appointment, approved by said court and filed therein, and shall be answerable for 
the proper performance of the duties of such deputy; and the compensation of the 
latter shall be paid by such stenographer. (R. 8S. 1899, sec. 10109—7p.) 

Sec. 577. May exchange work.—The stenographers, or deputies, in the sev- 
eral divisions of said court may, with the approval of the judges thereof, inter- 
change with each other or report for each other in any of the divisions of said 
court, and shall otherwise conform to such regulations as may be made by said 
court or the judges in their several divisions touching the performance of their 
duties. (R.S. 1899, sec. 10110.) 


ARTICLE II. 


STENOGRAPHERS IN COURTS HAVING JURISDICTION IN CASES OF FELONY IN 
CITIES OF OVER ONE HUNDRED THOUSAND INHABITANTS. 


Section 578. Criminal courts to have stenographer—tenure of his term.—In 
cities having a population of over 100,000 inhabitants, courts having jurisdiction in 
cases of felony shall have a stenographic reporter, such reporter to be appointed by 
the court, to hold his office from month to month, during the pleasure of said court, or 
until removed for cause shown, as hereinafter provided. (R. S. 1899, sec. 10130.) 

Sec. 579. Salary of stenographer.—The stenographer so appointed shall re- 
ceive a monthly salary of one hundred and fifty dollars, payable at the end of each 
month by the treasurer of said city upon the presentation to said treasurer of vouchers 
duly approved and certified by the clerk of said court. (R. S. 1899, sec. 10131.) 

Sec. 580. Shall take oath.—Such reporter, before entering upon the dis- 
charge of his duties, shall take an oath, before some competent person, to faithfully 
discharge the duties of said court. (R. S. 1899, sec. 10132.) 

Sec. 581. Duty of stenographer.—Such reporter shall attend upon said court, 
as directed by the judge thereof, and shall take accurate shorthand notes of the evi- 
dence, proceedings had, instructions given by the court and arguments made, and all 
other pertinent matter, and shall also attend upon any examination of a criminal mat- 
ter, when directed by the prosecuting officer, and shall furnish transcripts of his 
said notes, or any part thereof, in legible English, for the use of the state, when so 
directed by the judge of the court. (R. S. 1899, sec. 10133.) 

Sec. 582. Disposition of stenographic notes.—All short-hand notes of exam- 
inations in criminal matters, other than regular trials thereof, shall be turned over 
at once by said reporter to the prosecuting officer of the court. But all other 
short-hand notes taken by said reporter shall be filed by him in the clerk’s office 
of such court, and shall become part of the records of such court, and such re- 
porter shall transcribe, in legible English, any of such notes, or any part thereof, 
whenever required by the clerk so to do; and such clerk shail make out certified 
copies of such transcript or long-hand notes for any person, upon payment of the 
legal fees allowed by law for copies of records and papers, except that whenever 
said reporter shall be required to take notes before the grand jury, he shall be 


(0) This provision is sustained by the courts: but it does not apply to a garnish- 
ment case: Bank vs. Glaser, 40 Mo. App. 371 


(~) Deputies under analogous law, see State ex rel. vs. Ford, 41 Mo. App. 122. 


ART. 2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 211 


sworn to secrecy, and all such notes so taken shall also be turned over by said 
reporter to the prosecuting officer of said court; and provided, that in cases of 
appeal and on motions for new trial, the transcript of the evidence shall be fur- 
nished to the defendant upon the order of the court without costs to said de- 
fendant when it shall appear to the satisfaction of the court that the defendant 
is unable to pay the cost of such transcript for the purpose of making such ap- 
peal; and provided, further, that the stenographer shall be allowed for making 
such transcript the sum of fifteen cents per folio of 100 words for each transcript 
so furnished; and when the court shall be satisfied that the defendant is unable to 
pay for making such transcript the same shall be taxed as costs in the case 
against the state or county, as may be proper. (R.S. 1899, sec. 10134, amended 
Acts 1907, p. 440; also 441—4q.) 

Sec. 583. In case of absence of stenographer, proceedings.—In case of the 
temporary absence of such reporter, from any cause, the court may appoint a 
skillful short-hand reporter in his place, who shall take the same oath, and for 
the time being shall perform the same duties and labors and receive the same com- 
pensation, pro rata as the regular reporter. (R. S. 1899, sec. 10135.) 

Sec. 584. Stenographer to be removed, when.—lIf said reporter shall fail to 
perform, in whole or in part, faithfully, the duties, obligations and labors enjoined 
upon him in this article, he shall be at-once removed by the court, upon any appli- 
cation of any responsible person showing good cause therefor by competent evi- 
dence, and if said reporter shall be guilty of any willful or corrupt misconduct or 
neglect in the discharge of any of the duties, obligations or labors required to be 
by him performed by any of the provisions of this article, he shall be deemed 
guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine 
not exceeding five hundred dollars, or by imprisonment in the city jail for a term of 
not exceeding one year. (R.S. 1899, sec. 10136.) 


CHAPTER THIRTY-TWO. 
STREET GRADES, ESTABLISHMENT AND CHANGE OF.* 


Section 585. Authorized to establish and change grades—preliminary pro- 
ceedings necessary—remonstrance—when filed—in cases where charter requires 
the recommendations of the board of public improvements.—Every city now hav- 
ing or which may at any time hereafter have a population of three hundred thou- 
sand inhabitants or over, shall have at all times the power to establish the grade 
and change the grade already established, of any street, alley, avenue, public 
highway or public place, or any part thereof, as often as it may be deemed best 
for the public interest, and to cause the same or any part thereof to be graded 
to the established grade or to any change thereof: Provided, however, that when 
a change is proposed to be made in the grade of any street, alley, avenue, public 
highway or public place, or any part thereof, which has once been established, 
the two houses of legislation of such city shall by resolution declare the work of 
improvement to be necessary, and cause such resolution, or the substance thereof, 
to be published in the newspaper doing the city printing, for ten days (Sundays 
included); and unless the resident owners of the city who shall own the majority 
in front feet of all the lands belonging to such residents fronting on the street, 
alley, avenue, public highway, public place or part thereof to be improved, shall, 
within thirty days after the first day of the publication of such resolution, file 


g) It is for the Judge of the St. Louis Criminal Court to determine whether the 
official stenographer shall attend, and his action is not subject to review: State vs. 
Pagels, 92, Mo. 300. A defendant was entitled to have a transcript of the evidence 
furnished to him without cost: State ex rel. Scales v. Zachritz, 145 Mo. 269; State ex rel. 
Martin v. Wofferd, 121 Mo. 61. Mandamus will lie to compel the judge to order such 


transcript: State ex rel. Scales v. Zachritz, 145 Mo. 269; State ex rel. Martin v. Wof- 
ferd, 121 Mo. 61. 


"Charter Powers: See Charter Art. IIL, Sec, 26, clause 2; Art. VI, Secs. 1-27; Rules 
for damages changing grade of streets see Chart. Art. VI, Sec. 19 and cases there cited 
in notes. Act of 1891, p. 47 (R.S. 1899, Secs. 6234-6236) concerning the establishment 
ea neo of boulevards, ete., was held unconstitutional in St. Louis vs. Dorr, 145 

9 6. 

The act of March 14, 1893 (R. S. 1899, sec. 6237), requiring the whole cost of im- 
provement of streets, etc., to be charged against adjoining property and said cost to be 
“levied, collected and paid” as “now provided by law or charter,’ etc., was held void as 
special legislation: Murname vs. St. Louis, 123 Mo. 479. 

The law of 1899 is new in tnat revision. Formerly proceedings for changing grades 
and assessing damages therefor were governed by R. S. 1899, secs. 6109-6114: It was 
held that in such proceeding the commissioner’s report could not be approved in part as 
to some parties and set aside in part as to others, so as to constitute a final judgment 
as to some and not the others, and no appeal would lie under such conditions, as there 
can be but one final judgment: St. Louis vs. Nelson, 169 Mo. 461. 

The city can, (so under the former statutes) institute proceedings to assess dam- 
ages and benefits for street grade changes without the consent of the owners of the 
land affected: St. Louis vs. Lang, 131 Mo. 412, 421. 


212 STATE LAWS SPECIALLY APPLICABLE 10 ST. LOUIS. (CHAP, 32: 


with the city register their remonstrance against the proposed change, then the 
two houses of legislation of such city shall have power by ordinance to cause the 
proposed change to be made: Provided, further, however, that when the charter 
of any such city shall require that.such resolution or ordinance shall, before being, 
passed, be recommended by a board of public improvements, or other authority. of 
such city, then the same shall, before being passed, be recommended as therein 
required. If the remonstrance of the resident property owners above mentioned 
shall be filed with the city register, as herein provided, the power of the two 
houses of legislation to make the proposed change in the grade of such street, 
alley, avenue, public highway or public place, or any part thereof, shall cease until 
a sufficient number of the persons so remonstrating or their grantees shall, in writ- 
ing, withdraw their names or the property represented by them from such remon- 
strance, so that said remonstrance shall cease to represent a majority of the resi- 
dent owners as above provided, when the two houses of legislation may again 
proceed in the manner above mentioned. (Laws 1899, p. 61, sec. 1. R. S. 1899, 
sec. 6238.) 

Sec. 586. Remuneration or damages—property benefited.—When the prop- 
erty owners to be disturbed or damaged by the grading, regrading, or other change 
of any street, alley, avenue, public highway, public place, or any part thereof, are 
lawfully entitled to remuneration or damages under the constitution of the state 
of Missouri, and shall not have waived all right or claim thereto, the ordinance 
which shall order the grading or regrading of any such street, alley, avenue, pub- 
lic highway or public place, or any part thereof, shall also prescribe and determine 
the limits within which private property is benefited by the proposed grading or 
regrading.  {Ib.; p. 62,'sec. 2, R.S. 18995 sec: 6239.) 


Sec. 587. Street commissioner to furnish maps of property benefited.— 
Within thirty days after the taking effect of the ordinance, the street commissioner 
shall furnish the mayor a map or plat containing a correct description of the sev- 
eral lots or parcels of private property in the benefit limits described in said ordi- 
nance. (Ib., p. 62, sec. 3. R.S., sec. 6240.) 


Sec. 588. Proceedings determined by circuit court or judge in vacation.— 
The proceedings hereinafter provided for shall be heard and determined by the 
circuit court of the county in which the city is located, or if it is not in session, 
by a judge thereof; and when they are had in vacation the same record thereof 
shall be made and Kept as if such proceedings had been had in term time. (Ib., 
sec. 4. R. S. 1899, sec. 6241.) 


Sec. 589. How proceedings may be begun and determined in circuit court to 
ascertain damages or benefits derived from proposed grading or regrading.—W hen 
the mayor shall file or cause to be filed a certified copy of said ordinance in the 
circuit court, or with the clerk thereof, such court or judge thereof shall fix a day 
and place for assessing the damages and benefits derived from the proposed grad- 
ing or regrading, and shall make an order reciting the title of the ordinance, and 
stating the general object and nature of the ordinance, and also stating the limits 
within which private property is benefited by the proposed grading or regrading as 
determined and prescribed by the ordinance, and said order shall be directed to all 
persons to whom it may concern, without naming them, notifying them of the day 
and place fixed for the ascertaining of damages and benefits to arise from said 
grading or regrading, and that unless they file their claim for damages as herein 
required they shall thereafter be precluded from making any claim on account 
thereof. A copy of such order shail be published in each issue of a newspaper at 
the time doing the city printing for ten days (Sundays included), the last insertion 
to be not more than one week prior to the day so fixed for said hearing. The court 
or judge thereof may, at the time of making said order, further order that all or 
any portion of the residents of the city owning or having an interest in real estate 
fronting on the street, alley, avenue, public highway, or public place, or any part 
thereof, proposed to be graded or regraded, or in the real estate within the limits 
of the district prescribed by the ordinance within which private property is deemed 
benefited by the proposed grading or regrading, be served with a copy of said or- 
der, either by delivering to each of such owners a copy of the order, or leaving 
such copy at their usual place of abode with some member of their respective 
families over the age of fifteen years, and in the case of resident corporations by 
service of said order in like manner as with summons in ordinary civil causes. If 
service of such notice cannot be made on any or all such parties as above described, 
within the city limits, when personal service is ordered by said court or judge, the 
returns on such notice shall so state. Thereupon an alias order specifying a differ- 
ent date may be made by said court, or judge thereof in vacation, if deemed advisa- 
ble, notifying such unserved parties of the facts, as in case of original notice 
above provided. Said cause may be continued or postponed from time to time. It 
shall not be required in any case to bring in any person other than the owners of 
the property, or cause those interested therein, who were such at the time of the 


CHAP. 32-33.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 213 


taking effect of the ordinance providing for the improvement, and the parties 
claiming or holding through or under such owners or parties interested, or any of 
them, shall be bound by the proceedings as fully as if they were brought in; but 
any person having any interest in the real estate liable to be affected by said pro- 
ceedings may, upon application and entering his appearance, be made a party 
thereto; but no notice of said proceedings shall be necessary to the validity thereof, 
except the publication of the order, as herein provided. Notice so given by publi- 
cation shall be sufficient to authorize the court, or judge thereof in vacation, to 
hear and determine the cause, and to make any finding or order therein as though 
all the parties had been sued by their proper names, and had been personally 
served. Affidavit by the publisher, manager, or any person connected with the 
newspaper in which such order was published, accompanied with a copy of the 
notice, shall be evidence of the fact of publication of the notice or order as stated 
therein. On or before the day next before the day set for the hearing, or before 
the day to which said cause may have been postponed or continued, as designated 
in either of aforesaid notices, any person claiming damages by reason of the afore- 
said grading or regrading, may file or cause to be filed with the clerk of such court 
a description of the property claimed to be damaged and the interest of the claim- 
ant therein. The clerk shall note the filing of every such claim as a part of the 
record of said cause. If no claim be filed before the day set for the hearing of said 
cause, or the day to which said cause has been postponed or continued, as above 
provided, the court, or judge in vacation, shall make an order finding that no such 
claim has been filed, and thereupon the grading or regrading may be done, and no 
claim for damages therefor shall thereafter be made or considered. The service 
of any notice or process required by this act or ordered by the court, or judge 
thereof in vacation, may be made by a policeman of the city, or by any constable 
or other officer authorized to serve or return notices, and any return of service by 
a policeman, constable or other officer shall be evidence of the fact therein stated. 
mimeo. oa. sec, 6. R:. §. 1899, sec. 6242.) 

Sec. 590. Circuit court to retain jurisdiction.—In case any person or persons 
shall file a claim or claims for damages as mentioned in the preceding section, the 
circuit court, or judge thereof in vacation, shall retain jurisdiction of the party 
and subject-matter, and proceed to cause the damages or compensation to be ascer- 
tained in the manner provided by the charter of such cities, or any law affecting 
the same. (lIb., p. 64, sec. 6. R. S. 1899, sec. 6243.) 


CHAPTER THIRTY-THREE. 


STREET RAILROADS.* 


Sec. 591. Street-car gates, cities of 300,000 may regulate.—Any city having 
a population of three hundred thousand or more shall have the exclusive right to 
regulate the use of gates on street cars operated in said city, and shall have the 
exclusive right to regulate passengers in getting on or off said street cars. (R. S. 
1899, sec. 6250.) 

Sec. 592. Assembly no power to increase rates of fare.—The city council 
[municipal assembly] of St. Louis shall have no power to increase the rates of 
fare on said roads, nor shall they have the right to divide or separate the lines of 
said roads in such manner as will increase the fare. (Laws 1865, p. 308, sec. 5.) 

Sec. 593. Single track road may lay double track.—Any eompany now using 
a single track road, with turn-outs, upon any street or part of street, may change 
the same to a double track at any time; provided, they shall first obtain the con- 
sent, in writing, of the owners of a majority in interest of the property fronting 
on the street or part of street desired to be so changed. But this provision shall 
not apply to that part of Olive street between Fourth and Twelfth streets, unless 
the majority in interest of the street give their written consent that a double track 
may be constructed on said part of Olive street. (Laws 1859-1860, DeoOLTy sece'4h) 

Sec. 594. Other power than horse power may be used.—Every street railroad 
nape Charter Provisions Art. X; Art. III, Sec. 26, clauses 5 and 11: and see notations 


For ordinances concerning same see Rev. Code, secs. 1863-1903, and see notes to Rev. 
Code, Chap. 23, Art. VI; see as to licensing, R. C. sec. 2257 etc seq. 


It is to be noted that in the Municipal Code, pages 167-168, (secs. 487-493) a number 
of statutes are referred to as applicable to the City of St. Louis (R. S. 1899, Sees. 5438- 
5444); but an examination shows that these statutes apply only to “cities of the first 
class,” which, in law, does not include the City of St. Louis, which is organized under a 
special Constitutional provision, anu has its own special charter thereunder. These 
are omitted here. 


Most of the other provisions herein referred to have become obsolete, or are dis- 
Placed by constitutional provisions and charter provisions enacted thereunder; a num- 
ber of statutes here given do not apply specially to St. Louis, and are general, but as a 
reference thereto may be of some value, most of them are retained as heretofore in the 
Mun. Code, though not strictly appropriate to this revision. 


914 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP.) 38: 


company in any city of this state, which by its charter or articles of association is 
or may be only authorized to use horse power for its operation, is hereby em- 
powered to also use such other motive power for that purpose as it has been or may 
be permitted by the ordinances of such city. (Laws 1887, p. 108, R. S. 1899, 
sec. 1355.) 

Sec. 595. Time table to be posted in cars.—In order to insure regularity in 
the running of the cars of the several street railways in the city of St. Louis, each 
of said railway companies shall keep a time table conspicuously posted in each of 
its own cars, showing the time of starting each of its cars from each terminus of 
its road or route. (Laws 1868, p. 297.) 

Sec. 596. Tickets to be sold.—The street railroad companies in the city of 
St. Louis shall keep on hand for sale and shall sell to any person passenger tickets, 
in packages of five for twenty-five cents, and in packages of twenty for one dollar, 
and also tickets for children under twelve (12) years old in packages of ten for 
twenty-five cents, and in packages of forty for one dollar; such tickets shall be 
kept for sale by the conductor of each car, and also at the offices of said com- 
panies during business hours. The holder of any ticket thus issued shall be en- 
titled for the same to one transportation over any one of the different lines of 
street railroads now in operation or hereafter established in the city of St. Louis. 
(Laws 1869, p. 207.) 

Sec. 597. Tickets to be redeemed and exchanged.—tThe street railroad com- 
panies of St. Louis shall be bound to exchange with and redeem from each other 
the tickets issued by them respectively, and said street railroad company shall 
have the right to charge and collect a fare of seven cents from each passenger 
transported by them and not presenting a ticket as herein provided. The annual 
tax levied or assessed for state, county or city purposes upon street railway com- 
panies in the state of Missouri, shall be assessed upon the value of the property 
owned by each of said companies in the same manner and to the same extent as 
assessments are made on the property of individuals. (Laws 1869, p. 207.) 

Sec. 598. License to be paid.—lIn addition to the annual tax herein provided, 
each of said railway companies shall pay a license to the city of St. Louis to be 
fixed by ordinance of said city, not exceeding twenty-five dollars per annum for 
each car run by said companies respectively, and the taxes and license payable 
under the provisions of this act shall be in lieu of all taxes, burdens and expendi- 
tures and repairs of streets outside of their track required of such companies by 
former laws and ordinances. (Laws 1869, p. 207.) 


Sec. 599. Passengers forbidden to get on or off front platform while car in 
motion.—No passenger shall be permitted to get on or off any car by the front 
platform while the car is in motion, and each car shall be furnished with such 
adjustable gate or guard as shall effectively prevent it. (Laws 1865-66, p. 105.) 


Sec. 600. Kine imposed for not selling tickets.—In case any railroad com- 
pany, or any conductor thereof, shall neglect or refuse to sell such tickets to any 
person applying therefor as provided in this act, such company or conductor shall 
not be permitted to collect any fare whatever from such passenger, and the com- 
pany shall, on conviction of such neglect or refusal, be fined in a sum not exceed- 
ing fifty dollars for each offense, one-half of which is to go to the informer. (Laws 
LOGO. Ds 60 L.) 


Sec. 601. Franchises confirmed.—tThe St. Louis Railroad Company, the Mis- 
souri Railroad Company, the People’s Railway Company, and the Citizens’ Railway 
Company, as heretofore organized under the ‘‘Act to authorize the formation of 
railroad associations, and to regulate the same,” approved December 138, 1855, are 
hereby ratified and confirmed in their respective rights under said law; and the 
roads now built or commenced, and the gauge of track established by said com- 
panies, are sanctioned, and said gauge of four feet ten inches is hereby recognized 
as the legal gauge of all other street railroads that may be built in the city and 
county of St. Louis; said companies shall conform to and be governed by said law 
concerning railroad associations, except as follows: first, said companies shall not 
be required to carry freight; second, the report made to the city comptroller shall 
be in lieu of the annual report required to be made to the secretary of state by the 
law under which said company was organized. (Laws 1859-1860, p. 516.) 


Sec. 602. Limitation of rights.—The rights confirmed to said companies shall 
not extend to or authorize the building by them of any road or roads on Clark avenue, 
Chestnut street, Pine street, Locust street, or Washington avenue, which streets are 
hereby reserved from such use, and all railroad tracks are forever prohibited on 
the streets named in this section; and, in lieu of the track on Pine street, the 
Missouri Railroad Company may run the cars of their road, on Eleventh and Ben- 
ton streets, over the Olive street road; and the Citizens’ Railway Company may 
run the cars of their roads, heretofore authorized hy the council, in connection 
with Washington avenue, over their Morgan street road; and said companies may 
each construct two additional switches, and a side track not exceeding one hundred 


CHAP. 83] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 215 


and seventy feet in length, to enable the cars to run on Olive and Morgan streets; 
the switches on Morgan street may be east of the double track contemplated to be 
built. (Laws 1859-1860, p. 516.) 

Sec. 603. St. Louis Railroad authorized to extend road.—The St. Louis Rail- 
road Company may extend their road north from Salisbury street, along Broadway 
and Bellefontaine road, to the city limits; and may further extend the same to the 
Bellefontaine cemetery and the Calvary cemetery, and south from Gate street, 
along the Carondelet road, to the city limits; and may further extend said road, 
through the St. Louis commons, to or through the city of Carondelet; provided, 
that before such extension is made through any road or avenue outside the city, 
the consent of the board of county commissioners shall be obtained, and the con- 
sent of the city council of Carondelet shall be obtained before running through any 
street of that city. (Laws 1859-1860, p. 517.) 

Sec. 604. St. Louis Railroad authorized to build branch.—The St. Louis 
Railroad Company may build a branch road to the fair grounds, along Bremen 
avenue and other connecting streets, or by such other route as they may select, by 
the consent of the common council [municipal assembly], after first obtaining the 
consent of a majority in interest of the property holders on the route selected; and 
the Missouri Railroad Company may build a branch road from their terminus on 
Benton street, at Kighteenth street, to the fair grounds, by such route as they may 
select; provided, they first obtain the written consent of the majority in interest of 
the property holders on the route selected; and the Peoples’ Railway Company 
may extend their road from St. Ange avenue, along Chouteau avenue, to the point 
where the Pacific Railroad crosses said Chouteau avenue; provided, the same is 
constructed before the first day of February, 1866; and the Missouri Railroad 
Company may extend their road, from the junction of Olive street and Grand ave- 
nue, to the King’s highway, with the consent of the property owners where the road 
Tuns. (Laws 1859-1860, p. 517.) 

Sec. 605. Gravois Railroad authorized to build.—The Gravois Railroad Com- 
pany, as authorized by the common council [municipal assembly] of St. Louis, may 
construct their road; provided, they shall commence the construction of the same 
within six months, and finish the same within two years, after Eighth and Ninth 
streets shall be fully opened, graded and improved, as far south as Park avenue; and, 
provided further, that said company may connect their road from the termination of 
Decatur street, eastwardly, along Park avenue to Highth street; and thence north- 
wardly, along Highth street, to the line authorized by said common council [municipal 
assembly], unless the said company shall fail to make a satisfactory agreement with 
the Pacific Railroad Company as to the crossing of their track on Highth street; then, 
in that event, said company may turn their track westwardly from Eighth street, 
along Gratiot street, to Ninth street; thence along Ninth to Chestnut street; and 
thence along Chestnut to Fifth street; and, provided further, that said company shall 
not be required to construct a branch on Arsenal street, and shall not be permitted to 
lay their track on Chestnut street east of the eastern line of Fifth street. (Laws 
1860-1861, p. 443.) 

Sec. 606. Conditions of privilege.—The privilege herein granted of con- 
structing said road on Chestnut street, between Nintn and Fifth streets, shall be con- 
tinued on the consent of a majority of the owners of real estate on that portion of 
the road; and the evidence of such consent, on the part of such owners, shall first be 
filed in the office of the city register, and shall have attached thereto the certificate of 
the city engineer that the persons named constitute or represent a majority, of the 
owners of real estate fronting on Chestnut street, between Ninth and Fifth; provided, 
however, that no coal or other freight shall be carried on said road northwardly be- 
yond the line of Cerre street, nor between the hours of sunrise and sunset in the day- 
time. (Laws 1860-61, p. 444.) 

Sec. 607. Citizens’ Railroad not to lay double track, etc.—Nothing in this 
act shall be construed as authorizing the Citizens’ Railway Company to construct a 
double-track road on Franklin avenue, without the written consent of a majority in in- 
terest fronting that portion of the street where such double track may run. (Laws 
1859-60, p. 518.) 

Sec. 608. Missouri Railroad authorized to lay track.—The Missouri Railroad 
Company are hereby authorized to lay a railroad track in the city of St. Louis, along 
Sixth street, from Market to Chestnut street; thence westwardly, along Chestnut 
street, to Nineteenth street, thence southwardly, along Nineteenth street, to Market 
street; thence westwardly, along Market street, to Adolph street; thence south- 
wardly, along Adolph street, to Clark avenue; thence westwardly, along Clark ave- 
nue, to Summit avenue; thence northwardly, along Summit avenue, to Market street, 
or to Manchester road; thence eastwardly, along said road, to connect with the track 
now laid along said road.. (Laws 1863, p. 108.) 

Sec. 609. Like provisions as to same railroad.—Until such time as Chestnut 
street shall be graded and macadamized from Highteenth to Nineteenth streets, the 


216 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 33. 


said railroad company is authorized to lay a track along Highteenth street, from 
Chestnut street, to connect with the track now, or to be, laid on Market street. The 
track in Adolph street, Clark avenue, Summit avenue and Market street road, shall 
be laid within six months after the same shall be graded and macadamized. The said 
company is hereby authorized to lay a track connecting with track now laid on Mar- 
ket and Olive street along any street west of Highteenth street. (Laws 1863, p. 108.) 

Sec. 610. Proviso—imposing conditions on same road.—The foregoing au- 
thority [two preceding sections] is granted to said company; provided, it relinquishes 
the right to lay a double track along Market street, granted by an act of the General 
Assembly of the State of Missouri, approved January 16, 1860; and provided further, 
that the said company shall take up the switches now laid in Market street, as soon 
as the tracks herein authorized to be laid shall have been made available for use. 
(Laws 18638, p. 108.) 

Sec. 611. Act amendatory of certain acts.—This act shall be an amendment 
to each of the several acts incorporating the street railway companies in the city of 
St. Louis now in operation and carrying passengers in said city, upon their filing a 
writen acceptance of the provisions of this act in the office of the secretary of state. 
(waws 1869, p. 218.) 

Sec. 612. Reference to certain charters.—For charters of further companies, 
see 

“An act to incorporate the Laclede Railroad Company;”’ 

“An act to establish the Lindell Railway Company;” 

“An act to incorporate the Bellefontaine Railway Company of St. Louis;” 

“An act to consolidate certain roads;”’ 

“An act to incorporate the Tower Grove and Lafayette Railroad Company of 
St. Louis;” 

“An act to amend an act entitled ‘an act incorporating the Tower Grove and 
Lafayette Railroad Company of St. Louis,’ approved February 15, 1864;” and 

“An act to incorporate the Bremen and Cemetery Railroad Company.” 

Sec. 618. May lay tracks when consent of city has already been given.—All 
existing street railroad companies, organized under the laws of this state, which 
have acquired the consent of the municipal authorities or any city, town or village 
to the use and occupancy by a defined route of any of the streets of such city, town 
or village, for street railroad purposes, are hereby authorized and empowered to 
lay their track or tracks, and operate their cars thereon, or operate their roads 
already constructed on the street or streets, for the full time (of) such consent has 
already been given, notwithstanding such road or roads may be nearer to a parallel 
road than the third parallel street from any road now constructed. (Laws 1881, 
page 84; R. §.-1899, sec. 1175.) 

Sec. 614. May construct road, when consent of city has already been given.— 
All existing street railroad companies organized under the laws of this state, and 
all railroad companies authorized to propel their cars, in whole or in part, by 
means of a cable under the surface of the street, which have acquired the consent 
of the municipal authorities of any city, town or village to the use and occupancy 
by a defined route of any of the streets of such city, town or village for street rail- 
road purposes, are hereby authorized and empowered to construct their road-beds, 
including conduit for cable, and lay their track or tracks, and operate their cars 
thereon for the full time for which such consent has already been given, notwith- 
standing such roaa or roads may be nearer to a parallel road than the third parallel 
street from any road now constructed. (Laws 1885, p. 94; R. S. 1899, sec. 1176.) 

Sec. 615. Section repealed.—Section 3 of an act entitled ‘‘An act concerning 
street railroads in the city of St. Louis,” approved January 16, 1860, in so far as the 
same is inconsistent with or repugnant to the provisions of this chapter, is hereby 
repealed. (Laws 1885, p. 94; R. S. 1899, sec. 1177.) 

Sec. 616. Roads may be used to carry mails.—Street railroad companies are 
hereby authorized, for such compensation as may be agreed upon, to permit their 
roads to be used for carrying and distributing United States mail along the routes 
of such roads, and to furnish proper facilities therefor: Provided, however, that 
such use shall nou impede or delay the transportation of passengers over such roads. 
(Laws 1891) p. 97; R. S. 1899, sec. 1178.) 

Sec. 617. Street railroads operating cars by electricity or overhead wires— 
guard wires and fenders.—All street railway companies or corporations operating 
cars by electricity, or by overhead wires, shall construct and maintain its wires 
at a height of not less than twenty-two feet above the top of the rail of the railroad 
track crossed by such street railway company, and the wires of such street railway 
company shall be guarded, or provided with fenders or guard wires, so as to prevent 
the same from coming in contact with the cars, track or telegraph line along the 
track of such railroad company. (Laws 1899, p. 374; R..S. 1899, sec. 1179.) 

Sec. 618. Duty of street railway companies where tracks cross railroad tracks. 
—It shall be the duty of every street railway company or corporation operating a 


CHAP. 33:] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 217 


street railway across the tracks of a railroad company to bring its cars to a full 
stop at least ten and not more than twenty feet before reaching the tracks of the 
railroad company. And it shall be the duty of the conductor, or some other employe 
of the street railway company, to go forward to the tracks of such railroad com- 
pany for the purpose of ascertaining whether a train is approaching such crossing. 
(Laws 1895, p. 123; R. S. 1899, sec. 1180—~.) 

Sec. 619. May construct and operate street railways over bridges connecting 
any city in this state with any city of an adjoining state.—Any company owning, 
leasing, operating or controlling a bridge connecting any city, town or village in this 
state, with any city, town or village of any adjoining state, may lease, own, construct 
and operate a street railway over such bridge and in such cities, town or villages and 
counties in which same may be situated, and in adjoining counties, and may 
also acquire and hold stock and guarantee bonds of any company operating such 
street railway or railways. (Laws 1897, p. 98; R. S. 1899, sec. 1181.) 

Sec. 620. Sales of railway equipment and rolling stock—conditional stock.— 
In any contract for the sale of railroad or street railway equipment, or rolling 
stock, it shall be lawful to agree that the title to the property sold, or contracted 
to be sold, although possession thereof may be delivered immediately, or at any 
time or times subsequently, shall not vest in the purchaser until the purchase 
price shall be fully paid, or that the seller shall have and retain a lien thereon for 
the unpaid purchase money; and in any contract for the leasing or hiring of such 
property, it shall be lawful to stipulate for a conditional sale thereof at the termina- 
tion of such contract, and that the rentals or amounts to be received under such 
contract may, as paid, be applied and treated as purchase money, and that the title 
to the property shall not vest in the lessee or bailee until the purchase price shall 
have been paid in full, and until the terms of the contract shall have been fully 
performed, notwitnstanding delivery to and possession by such lessee or bailee: 
Provided, that no such contract shall be valid as against any subsequent judgment 
creditor, or any subsequent bona fide purchaser for value and without notice, unless: 

First. The same shall be evidenced by an instrument executed by the parties, 
and duly acknowledged by the vendee or lessee or bailee, as the case may be, or 
duly approved before some person authorized by law to take acknowledgment of deeds, 
and in the same manner as deeds are acknowledged or proved; 

Second. Such instrument shall be filed for record in the office of the secretary 
of state; 

Third. Each locomotive engine or car so sold, leased or hired, or contracted 
to be sold, leased or hired, as aforesaid, shall have the name of the vendor, lessor 
or bailor plainly marked on each side thereof, followed by the word “owner,” or 
“lessor,” or “bailor,’ as the case may be, which mark or marks shall be effaced 
immediately upon the payment or satisfaction of the indebtedness or incumbrance 
thereon; and every corporation, person or persons, which shall fail, neglect or 
refuse to comply with this provision, shall forfeit and pay for such failure, neglect 
or refusal the sum of five dollars for every day the same shall be continued, for 
each piece of property so marked, to be sued for and recovered in the name of the 
people of the state, by the attorney-general, in any court of cognizance thereof, to 
be paid into the state treasury in the same manner as fees hereinafter provided 
by this act. (Laws 1899, p. 374; R. S. 1899, sec. 1182.) 

Sec. 621. Conditional contracts of sale or lease to be recorded.—tThe contracts 
herein authorized shall be recorded by the secretary of state in a book of records 
to be kept for that purpose. And on payment in full of the purchase money, and 
the performance of the terms and conditions stipulated in any such contract, a 
declaration in writing to that effect may be made by the vendor, lessor or bailor, 
or his or its assignee, which declaration may be made on the margin of the record 
of the contract, duly attested, or it may be made by a separate instrument, to be 
acknowledged by the vendor, lessor or bailor, or his or its assignee, and recorded 
as aforesaid. And for such services the secretary of state shall be entitled to a fee 
of twenty-five dollars, and one dollar in addition for every hundred words in excess 
of one thousand words, for recording each of said contracts and each of said declara- 
tions, and a fee of ten dollars for noting such declaration on the margin of the 
record; and all such fees shall be paid by him into the state treasury and added 
to the “seminary fund,” in accordance with the provisions of section eight thousand 
and eight hundred and twenty (8820) of the Revised Statutes of 1889. (Laws 1899, 
Dao (4.-R. §..1899;:sec. 1183.) 

Sec. 622. Act not to invalidate existing contracts.—This article shall not be 
held to invalidate, or affect in any way, any contract heretofore made of the kind 
referred to in the first section hereof, and any such contract heretofore made may, 
upon compliance with the provisions of this act, be recorded as herein provided. 
(Laws 1899, p. 374; R. S. 1899, sec. 1184.) ; 


(+) See similar ordinance provision, Rev. Code sec. 1866. 


218 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 33. 


Sec. 623. Sections 5178, 5180 and 5181, R. S. 1889, not to apply to such 
contract.—Sections 5178, 5180 and 5181 of the Revised Statutes of Missouri shall 
not be held to apply to contracts of the kind referred to in section 1 of this act. 
(Laws 1895, p. 11/1; R. S. 1899, sec. 1185.) 

Sec. 624. Requirements for incorporating street railway companies.—Any 
iumber of persons not less than five, may form a company for the purpose of con- 
structing, maintaining and operating a street railroad for public use in the con- 
veyance of persons, mail and express parcels;' and for that purpose may make and 
sign articles of association in which shall be stated the name of the company, 
the number of years the same is to continue, the city and county in which the 
road is to be constructed or maintained and operated, the amount of the capital 
stock, common and preferred, of the company, and the number of shares of which 
said capital stock shall consist, and the names and places of residence of the 
directors, not less than five nor more than thirteen in number, who shali manage 
its affairs for the first year and until others are chosen in their places. Each sub- 
scriber to such articles of association shall subscribe thereto his name, place of resi- 
dence and the number of shares of stock he agrees to take in said company. When 
one-half of the capital stock shall have been subscribed and ten per cent. thereon 
paid in good faith to the directors named in said articles of association, and an 
affidavit annexed thereto, made by at least three of the directors named therein, 
that one-half of the stock of the said proposed corporation has been in good faith 
subscribed, and ten per cent. of the amount so subscribed has been paid, and that 
it is intended in good faith to construct or maintain and operate the road mentioned 
in such articles of association, the said articles of association shall be filed and 
recorded in the office of the secretary of state, and thereupon the said association 
shall by the name mentioned in the said articles of association become a body 
politic and corporate with the powers, rights and franchises hereinafter specified: 
Provided, the said articles of association shall not be filed and recorded until such 
association or corporation shall pay into the state treasury fifty dollars for the first 
fifty thousand dollars or less of the capital stock of the corporation, and a further 
sum of five dollars for every additional ten thousand dollars of its capital stock. 
(Laws 1899, p. 374; R. S. 1899, sec. 1186.) 

Sec. 625. Powers of corporation.—Every corporation formed under the pro- 
visions of this act shall have power: 

First, to construct or maintain and operate its railroad along, across or over 
the streets of any incorporated city or town or the roads of any county: Provided, 
the consent thereto of the municipal authorities of such city or town or the county 
court of such county is first obtained: Provided, municipal authorities of cities or 
towns shall not grant the right of way over, along or across any street, except upon 
the petition of the owners of the land representing more than one-half the frontage 
of the street or so much thereof as is sought to be used for street car purposes, and 
when the street or parts thereof that is sought to be used shall be more than one 
mile in extent, no petition of land owners shall be valid unless the same shall be 
signed by the owners of the land representing more than one-half the frontage of 
each mile, and of the fraction of the mile, if any, in excess of the whole mile, 
measuring from the initial point named in such petition [of], such street or parts 
thereof sought to be used for such purposes. 

Second, to operate its road by animal, cable, electric or other motive power, as 
the consent of the use of which said power may be obtained from the public authori- 
ties of such city, town or county. 

Third, to receive and collect such fares for the transportation of persons, ex- 
press and mails as may be provided in the said consent of said public authorities 
of such city, town or county, given as aforesaid. 

Fourth, to acquire by grant a right of way not to exceed fifty feet in width 
over private property, and to construct or maintain and operate its road thereon. 

Fifth, to purchase and acquire depots, power-house sites or terminals. 

Sixth, to issue bonds payable in such amount and at such times and places as it 
deems best, and may dispose of the same for the purposes of its incorporation, and, 
to secure payment of the same, may mortgage its property, real and personal, and 
also the franchises of the company. 

Seventh, to purchase, lease or acquire by other lawful contract, which shall 
include the right to purchase the capital stock and bonds of other street railroad 
companies, and to hold and dispose of the same, and to hold, use and operate any 
street railroad or roads, with all and singular its or their franchises and properties 
of every description belonging to any other street railroad corporation or corpora- 
tions: Provided, that such purchase, lease or other contract be authorized or ap- 
proved by the vote of the holders of two-thirds in amount of the capital stock of 
the company so purchasing, leasing or otherwise contracting therefor at a meeting 
called for that purpose upon twenty days’ notice, published in some newspaper of 
the city or county where the general office of such street railroad company may be 


CHAP. 33A.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 219 


located, or by written notice mailed to the last known address of each registered 
stockholder twenty days before such meeting; and provided further, such roads 
connect with or intersect each other, so as to allow a single passage one way over 
each road for a single fare. 

Eighth, to sell, lease or dispose of by any other lawful contract, to any other 
street railroad company, its railroad rights, franchises, including the right to be a 
corporation, and all and singular its other properties of every character and descrip- 
tion: Provided, that such sale, lease or other contract, disposing of its railroad, 
franchises and other properties, shall be first authorized or approved by the vote 
of two-thirds in amount of the holders of its capital stock at a regular or called 
meeting of its stockholders convened pursuant to such notice as is required in the 
next preceding clause. 

Ninth, to have and enjoy all such other powers and franchises as are usually 
had, enjoyed and exercised by street railroad companies, in addition to the powers 
hereinbefore enumerated. (Laws 1899, p. 374; R. S. 1899, sec. 1187—s.) 

Sec. 626. Street railway companies required to accept provisions of this act. 
—Any street railroad company heretofore organized under any general or special 
law of this state, may have and enjoy all the benefits, powers and privileges of this 
act by filing in the office of the secretary of state a resolution of its board of directors 
accepting the provisions of this act, and paying into the state treasury the same 
fees as provided in section 13 [1186] of this act. (Laws 1899, p. 374; R. S. 1899, 
sec. 1188.) 

Sec. 627. Increase of capital stock and bonded indebtedness provided for.— 
Any company formed under this act or accepting the provisions thereof, may increase 
its capital stock or bonded indebtedness from time to time by the authority of the 
vote of a majority of the stockholders of such company at a regular annual election 
for the directors thereof, or at a special meeting of the stockholders of said company 
called to consider the same, upon sixty days’ public notice. (Laws 1899, p. 374; 
Fy. 1599, sec. 1189.) 

Sec. 628. Preferred stock authorized.—Any railroad company organized under 
the provisions of this act, or accepting the provisions thereof, may issue preferred 
stock for such amount and upon such terms and conditions as the board of directors 
may prescribe, by and with the consent of the shareholders of such company ex- 
pressed at a regular or special meeting of such stockholders called upon twenty 
days’ published notice or twenty days’ written notice to each registered stockholder 
addressed to him at his last known address. (Laws 1899, p. 874; R. S. 1899, sec. 1190.) 

Sec. 629. Sections 8298, 8299, 8300 and 8301, R. S. 1889, not repealed.— 
Nothing in this act shall be construed as repealing sections 8298, 8299, 8300, 8301, of 
the Revised Statutes of 1889, and an act entitled “An act concerning street railroads 
in the city of St. Louis,’ approved January 16, 1860. (Laws 1899, p. 374.) 

Sec. 630. Emergency clause.—The fact that the law in reference to street 
railroads is imperfect, and that a necessity for a full and complete law relating 
thereto exists creates an emergency within the meaning of the constitution why this 
act should take effect at once; therefore, this act shall take effect and be in force from 
and after its passage. (Laws 1899, p. 374—1.) 


STA Vee bnitghr Dre ETA, 
SUBWAYS.* 


Sec. 630a. Subways owned by cities.—All cities in this state having one 
hundred thousand inhabitants or over are hereby authorized and empowered to 
build or to acquire, by purchase or otherwise, within their respective corporate 
limits, a subway or subways, to be exclusively Owned by such cities, with such 
suitable approaches, connections, loops, turn-outs, sidings, stations, exits, entrances 
and other appurtenances, and land, right of way and easements and estates and 
rights in lands, including the right to go on, under or _ above. the 
surface, as may be necessary or expedient for the construction and efficient use of 
such subway or subways for the transportation of persons, baggage, express and 
freight, and for cars, other means of transportation, pipes, wires and cables used 
for public service purposes. (Laws 1907, p. 117, sec. 1.) 

Sec. 630b. Powers of city—limitation of powers.—All such cities may oper- 
ate or may lease such subway or subways, or parts thereof, on terms to be fixed 


*This act is not technically applicable specially to St. Louis, but practically is so, 
and hence it has been inserted. 


(s) Consolidation amendment referred to in Tanner vs. Lindell Ry. Co., 180 Mo. 1. 
This section is also discussed in connection with the relations between the United Rys. 
Co. and the St. Louis Transit Co., in the recent case of Moorshead vs. United Rys. Co., 
119 Mo. App. 541, 567, 577, which was certified to the Supreme Court and affirmed in 
February, 1907 (not reported at this writing). 


(z) See Moorshead vs. United Rys. Co., 119 Mo. App. 541, 567 (certified to Supreme 
Court and affirmed in Feb. 1907). 


220 STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP: 34: 


by said cities. Such cities may contract for the purchase or construction of such 
subway or subways, and for lease of same, and may grant rights therein, or in 
any part thereof, upon such terms as they may deem best, for cars, other means of 
transportation, pipes, wires and cables used for public service purposes. But no 
such lease or grant shall be made for a longer period than fifty years. And such 
cities may regulate the use of such subway or subways, and of the construction 
and operation of cars, other means of transportation, pipes, wires and cables 
used therein: Provided, that such city shall not lease. grant or let such street rail- 
road, street railroad system, subway or subways, or any part thereof, or rights. 
therein, for any purpose whatever, without the assent of a majority of the qualified 
voters of such city voting for or against such lease, grant or letting at an election 
held for that purpose. (Ib., sec. 2.) 

Sec. 630c. Bonds.—Any such city may issue and sell, at not less than par, 


its bonds, payable out of the revenue or income from such subway or subways. 
(Ib., sec. 3.) 


CHAPTER THIRTY-FOUR. 
TOBACCO, PETROLEUM AND BEER INSPECTION. 


Art. 1. Petroleum inspection. 
Art. 2. Tobacco inspection. 
Art. 3. Beer and grain inspection. 


ARTICLE I. 
INSPECTION OF PETROLEUM.* 


Sec. 631. Compensation, etc.—Each inspector shall demand, collect and 
receive from the owner or person calling upon him to inspect, or for whom 
he shall make any inspection, fees at the following rates for inspecting or test- 
ing, gauging and branding said oils or fluids under this article, to wit: For 
each barrel or larger package the sum of twelve cents; for each small package 
the sum of six cents; and when an inspection in bulk is made, in the manner pro- 
vided in section 7586, the sum of twelve cents for each barrel or other package 
filled, gauged and branded according to the provisions of said section: Provided, 
that all cities in the state, which may now have or may hereafter have a popu- 
lation of three hundred thousand inhabitants or more, the said inspector of oils 
and petroleum shall have and retain seven thousand dollars out of the said fees 
collected for inspections as herein stated and required of him, as and for his 
full compensation, fees and salary, and out of which he shall pay all clerical hire 
and other employes and all expenses of whatever character in the management 
and conduct of the business of his office; and the balance of said fees so collected 
over and above the said sum of seven thousand dollars, he shall pay over to the 
treasurer of the state of Missouri, to be placed to the credit of the general revenue 
fund of the state. Said inspector shall at the time of said payments to the 
treasurer, take a receipt and duplicate receipt therefor. The original he shall 
file with the state auditor and the duplicate he shall file in his own office and 
keep as a part of the records thereof. Said payments shall be made to the treas- 
urer on the second Monday in January and July of each and every year, and _ said 
inspectors shall on said dates file a full, true, complete and sworn statement with 
the auditor of the state of all oils inspected during the six months preceding and 
since his last statement and settlement, also containing the names of the per- 
sons, firms or corporations for whom inspections were made and number of 
gallons of oils inspected, barrels gauged and branded. (R. 8S. 1899, sec. 7593—w.) 


ARTICLE II. 
INSPECTION OF TOBACCO. 


Sec. 632. Inspection of tobacco—term of office, and qualifications of in- 
spector.—tThere is hereby established in the city of St. Louis, Missouri, a tobaceo 
inspection. The governor shall appoint in the City of St. Louis an inspector 


*The inspection of Petroleum in general is covered by Rev. St. 1899, secs. 7582-7597, 
applying to St. Louis, Hannibal, St. Joseph, Kansas City and such other towns as may 
petition the Governor therefor. The only section Deen ary applicable to St. Louis is the 
one relating to compensation, which is herein set out 


Cu) This statute was upheld as consttnitiongl in State ex rel. vs. 
Speed, 183 Mo. 186. It was also there held that the $7,000 provision means annually, not 
semi-annually. The inspector has no authority to inspect oils outside the limits of 
the city: State ex rel vs. White, 75 Mo. 465, 468. Term of office: State ex rel vs. Stone- 
street, 99 Mo. 361. Duties of Inspectors, rules of inspection: See State ex rel vs. Bag- 
gott, 96 Mo. 63; Priest vs. Tank Co., 51 Mo. App. 205; State vs. Parsons, 12 Mo. App. 205, 
Liability on Bond: Co. Court vs. Fossett, 65 Mo. 418. 


ART. 1-2.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. mal 


of tobacco, who shall hold his office for two years; said inspector shall be a 
discreet, suitable person, and shall not be interested in any of the tobacco ware- 
houses selling leaf tobacco in the city of St. Louis as a stockholder or otherwise than 
as tobacco inspector. (R. S. 1899, sec. 7598.) 

Sec. 633. Duties of inspector.—No inspector shall either buy or sell any 
tobacco, except of his own raising, but shall auctioneer and cry off all inspected 
leaf tobacco, for the owner or agent, sold at the warehouse. (Re sor Lees; 
sec. 7599). 

Sec. 634. His bond.—The inspector shall, before he enters upon the duties 
of his office, enter into bond to the city of St. Louis, to be approved by the 
mayor of said city, with sufficient security, in a sum not less than ten thousand 
dollars, conditioned for the faithful performance of his duties according to 
law, which bond shall be recorded in the office of the city register and filed in 
the office of the secretary of state, and a certified copy thereof shall be evidence. 
cR. S. 1899, sec. 7600.) 

Sec. 635. Books to be kept by him.—The inspector shall keep a book, in 
which shall be entered the marks of all tobacco which he may be required 
to inspect, and he shall inspect and examine the same in due time as it shall 
be entered in such book, unless otherwise agreed, without favor or partiality, 
and shall attend at the respective warehouses during all business hours of each 
regular secular day, whenever called on so to do. (R. &. 1899, sec. 7601.) 

Sec. 636. Penalty for failing to attend.—Any inspector failing to attend 
when so requested shall forfeit to the party aggrieved fifty dollars for every 
such failure, or the aggrieved party may recover all damages he may have sus- 
tained by such failure by action on the bond of such inspector or by civil action. 
(R. S. 1899, sec. 7602.) 

Sec. 637. Charges and fees, by whom paid.—The purchaser and_ seller 
shall each pay one-half of all warehouse charges, including inspection fees, on all 
tobacco sold, but when the sale of any tobacco offered is rejected, then the 
owner or agent shall pay the whole of the warehouse charges, including the 
inspection fees. (R. S. 1899, sec. 7608.) 

Sec. 638. Warehouse-keeper to have tobacco inspected.—Any person or 
persons who may erect or shall keep a tobacco warehouse in the city of St. 
Louis, for the purpose of offering and selling leaf tobacco prized in hogsheads, shall 
have such tobacco inspected before sale, by the state inspector appointed in and 
for the City of St. Louis, and by no other. (R.S. 1899, sec. 7604.) 

Sec. 6389. Oath of inspector.—The oath of the inspector shall be in the form 
following: 


I, ————, do solemnly swear that I will carefully and diligently inspect and 
examine all tobacco which I may be called on to inspect, and that I will not 
change, alter or give out any tobacco as a sample other than such as shall 
have been taken from the hogshead for which the receipt to be taken was given, 
and that I will not, directly or indirectly, be engaged in the manufacturing, ship- 
ping or exportation of tobacco, nor will I deal in any manner in the article during 
the time that I shall continue in office, except as expressly permitted by law, but 
that I will in all things well and faithfully discharge and perform my duty in the 
office of inspector, according to the best of my skill and judgment, and according 
to the direction of the law, without fear, favor or affection, malice or partiality, so 
help me God. (R. 5S. 1899, sec. 7605.) 

Sec. 640. To be filed, where.—Such oath shall be filed in the office of the 
secretary of state, and a violation thereof shall be deemed perjury, and shall sub- 
ject the party, upon conviction, to the penalties of perjury. (R. S. 1899, sec. 7606.) 

Sec. 641. Hogsheads to be weighed and branded before inspection.—The 
inspector of tobacco shall, before any hogshead of tobacco is uncased for inspection 
by him, cause the same to be carefully weighed and the gross weight marked or 
branded thereon. (R. S. 1899, sec. 7607.) 

Sec. 642. Mode of inspection.—After a hogshead has been thus weighed and 
marked and branded, the inspector shall uncase and break the same in not less 
than two nor more than four places and take from each break a like proportion of 
tobacco as a sample of the whole hogshead that he may inspect, and each hogs- 
head shall be by him carefully weighed in the scales or the balance, and with the 
weight kept in the warehouse, and shall be by him marked with the tare of the 
hogshead and the quantities of tobacco therein contained, and also with the words 
“Missouri State Tobacco Inspection.” (R. S. 1899, sec. 7608.) 

Sec. 643. Tare and net weight.—The tare, with the addition of ten pounds 
or weight of sample, shall be deducted from the gross weight; the remainder shall 
be the net weight, and the inspector shall in all cases deliver to the owner or 
the purchaser of any hogshead of tobacco the samples which were drawn from the same. 
Whenever any hogshead of tobacco shall have been weighed under the superintendence 
of the inspector, and the net weight registeredand marked on such hogshead of tobacco, 


oe, STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. [CHAP. 34. 


he shall be responsible to the purchaser, owner or agent of the same for the net 
weight of tobacco so registered and marked on such hogshead of tobacco, reasonable 
allowance being made for waste in handling. (R. 8S. 1899, sec. 7609.) 

Sec. 644. Samples to be done up, how.—It shall be the duty of the in- 
spector to have all samples of tobacco drawn by him well tied, tagged and sealed; 
the card or tag so placed upon the sample shall contain the number, gross weight, 
net weight and date of inspection, and the seal so used shall contain the words 
“Missouri state tobacco inspection.” (R. S. 1899, sec. 7610.) 


Sec. 645. Form of certificate of inspection.—The inspector shall issue 
a certificate to the owner or agent for each hogshead of tobacco by him inspected, 
which shall, a8 near as possible, be in the form following: 


At ———— warehouse in the city of St. Louis, in the state of Missouri, this 
day of 19—, inspected for one hogshead of leaf tobacco (strips, scraps 
or stems, as the case may be), number, mark and weight as follows: Number 1, 
marks 1, gross 1, tare 1, net 1. Witness my hand, the day and year aforesaid. 

A , inspector. 


And the keeper or superintendent of any warehouse where such tobacco is left 
on storage shall, upon every certificate issued by the inspector, certify upon the 
face of the same that said tobacco is on storage and deliverable only on return 
of said certificate to the holder thereof. (R. S. 1899, sec. 7611.) 


Sec. 646. Hogshead to be restored to good shipping order.—It shall be 
the duty of the inspector to attend and see that after the uncasing and inspection 
of tobacco the same be replaced to its former condition, and in good shipping 
order, and that all leaf tobacco belonging to each and every hogshead so opened 
and inspected be put back as near as possible to where it belonged before the same 
was uncased. (R. S. 1899, sec. 7612.) 

Sec. 647. Inspector’s fees.—For every hogshead of tobacco inspected in 
the city of St. Louis, the inspector shall receive twenty-five cents inspection fee, 
which may be collected with the other warehouse fees. (R. S. 1899, sec. 7613.) 


Sec. 648. Penalty for unauthorized inspection.—If any person other than 
the inspector shall inspect any hogshead of tobacco within the city of St. Louis, 
or if any person occupying any store or warehouse within the city of St. Louis 
shall suffer or permit any person other than the inspector to inspect any hogshead 
of tobacco upon the premises occupied by him, such person inspecting the tobacco 
and such person or persons suffering or permitting such illegal inspection, shall 
each be fined in the sum of one hundred dollars for every hogshead of tobacco so 
inspected to the use of the state, to be recovered by indictment. (R. S. 1899, sec. 7614.) 


Sec. 649. Scales and hands, by whom furnished.—No inspector shall be re- 
quired to furnish scales or hands to strip or break tobacco, but the same shall be 
furnished by the warehouse or any person or persons that may have tobacco in- 
spected in the city of St. Louis. (R. S. 1899, sec. 7615.) 


Sec. 650. Fraudulently packed hogsheads to be marked, how.—In case the 
inspector in the inspecting or sampling of any hogshead of tobacco shall find any 
evidence or indication of its being falsely or fraudulently packed, it shall be his 
duty to write across the face of his certificate and across the face of the tag in red 
ink, “‘falsely or fraudulently packed,’ and he shall further give notice to the as- 
sembly of dealers before offering said hogshead of tobacco for sale. (R. 5S. 1899, 
sec. 7616.) 


Sec. 651. Appointment and qualification of deputies.—The inspector is 
hereby empowered, if necessary to the convenient dispatch of his respective du- 
ties, to appoint one or more deputies at his own cost, for whom he shall be ac- 
countable, which deputies are hereby empowered to perform duties of inspection, 
and shall be liable to the same penalties as the inspector; said deputies shall take 
the same oath as prescribed for the inspector, and for whose official conduct the 
said inspector shall be liable upon his official bond. (R. S. 1899, sec. 7617.) 


Sec. 652. Inspectors and warehouse-keepers not responsible for natural loss 
in weights.—Section 7906 shall not be construed so as to hold the inspector and 
warehouse-keeper, or either of them, responsible for the natural losses of weight 
that may occur or take place during storage and while the same is undergoing the 
sweat to which leaf tobacco is subject. (R. S. 1899, sec. 7618.) 

Sec. 653. Sales of tobacco to be approved by the owner.—All tobacco cried 
off, or offered for sale, shall be subject to the approval of the owner or agent 
thereof, but it shall be the duty of the said owner or agent to accept or reject the 
sale of said tobacco before the tobacco sale is over on that day; but in the event 
of his failure to accept or reject such sale within the time specified as above, it 
shall be at the option of the purchaser to accept the terms of said sale. (R. S. 
1899, sec. 7619.) 


ART. 3.] STATE LAWS SPECIALLY APPLICABLE TO ST. LOUIS. 293 


Sec. 654. Certificates of inspection negotiable.—The certificate of a hogs- 
head of tobacco issued by the inspector of tobacco, and countersigned by the 
keeper or superintendent of the warehouse, shall be negotiable, and the ware- 
house, store, person or persons under whose charge the package or hogshead of 
tobacco for which said certificate was issued is stored, shall be responsible for the 
full value of the same to the holder of said certificate, loss or damage from ele- 
mental causes alone excepted. (R. S. 1899, sec. 7620.) 

Sec. 655. Appointment of local inspectors in other towns.—Nothing in this 
article shall be so construed as to prevent any other town, city or county from 
establishing tobacco inspection, when twenty free-holders shall petition the gov- 
ernor for the appointment of a tobacco inspector for such local inspection: Pro- 
vided, said inspector so appointed by the governor shall be subject to all the pro- 
visions of this article relating to the qualification, duties and fees of the tobacco 
{nspector for the city of St. Louis, except so far as regards the matter of residence 
and filing his bond. (R.S. 1899, sec. 7621.) 

Sec. 656. Limit of warehouse fees.—The warehouse fees shall not exceed 
three dollars for each hogshead including inspection fee at any one offer. (R. S. 
1899, sec. 7622.) 


ARTICLE IIl. 
BEER AND GRAIN INSPECTION.* 


CHAPTER THIRTY-FIVE. 


WORLD’S FAIR AND CENTENNIAL EXPOSITION.** 


Section 657. [Laws 1899, pp. 1380-134 (R. S. 1899, secs. 1523-1535), being 
“an act authorizing the incorporation of organizations designed for the purpose of 
holding world’s fairs and centennial expositions, and defining the powers and 
duties of such corporations. Laws 1903, p. 138, exempting such companies from 
taxation and payment of certain fees, etc. As to appropriations for the Fair see 
Laws 1901, p. 39, Laws 1908, p. 47, Ib., p. 196.]** 


*The provisions of the law relating to grain inspection are Rev. St. 1899, 
secs. 7623-7681, inclusive, and those relating to beer inspection Rev. St. 1899, secs. 7682- 
7697, inclusive. They are both of a general nature and hence not “specially applicable” 
to St. Louis and are therefore not herein set out. The beer inspection law was sus- 
Rt peroneal State vs. Bixman, 162 Mo. 1; Pabst Brew. Co. vs. Crenshaw, 


Polisi See tioilehntes thats. a. reterences to othese) Jacts may “not. be out, of 
place, since the Fair was held in St. Louis and hence peculiarly applicable here in ef- 
fect, although, as the law is one general in its terms, and not technically applicable 
to St. Louis alone, and as the fair of 1904 was temporary, and has passed into history, 
the provisions of the acts are merely referred to as a matter of convenience, and its 
lengthy provisions are not set forth verbatim in this revision. At the election of Nov. 
6, 1900, the constitutional amendment was adopted authorizing the city to issue $5,000,- 
000 of bonds in aid of the Fair, (amending Art. X, sec. 12), and in pursuance thereof 
the city issued the bonds as per ordinances 20641 and 20758. See also constitutional 
provisions Art. IV., sec. 45. 

For other ordinances connected with or relating to World’s Fair matters, see ord. 
No. 20412 (authorizing the use of any of the parks for the site), No. 21201 (temporary 
buildings), No. 21470 (use of frame buildings for temporary hotels), No. 21971 (exten- 
sion of time to remove temporary buildings), No. 21479 (closing certain streets during 
the fair), No. 20654 and 20669 (library and museum in Forest Park), No. 21518 (police 
court in Forest Park, see note to Rev. Code, sec. 1263), No. 21353 (engine house in 
Forest Park); No. 215283 (water rates; see note to sec. 2488 of Rev. Code). 


INDEX 


aes hee 


State Laws Specially Applicable 


St. Louis. 


ABATEMENT—See Smoke Abatement. 


ABSTRACTS OF JUDGMENTS—See Circuzt Court. 


ACCOUNT BOOKS— 


Cler kro justice COUrL. tol KEGD. wc 6 sees 
COPTIC HRY OWRD eh Aleta 9 eect Peer eae Pete ee eee 


ACTIONS— 


on bond of constable or marshal in 

OMS CMAN T SLT Ar Sine mice ve eb acres a rare Marie ice ior oe 
‘onm®. aDaekeveateubeanatee Jolehats lian An rig sachs bere 
Nama keaSuULUsS ALS aAINSt, CLLY ss. cece aes 


ADVERTISEMENTS— 


Lee Um CULTY Se tevewoda: & oe cin ice elie etd elie tame be eiota 
law applies only to legal proceedings... 
published by mutual consent in other 

PEEMESDD OL Sm VCvIUCY tae srclevatedersanorel over etatede « 


AFFIDAVIT— 


properly lodged with assistant prose- 
Ga te ACCOM Ea ween che etnies otsiece craiers che 


AMENDMENT OF PLEADINGS, PRO- 
CESS, ETC.— 


MmecOurt. OL Criminal GOrrection.|.)...... 
PCILeCT Ame SCSSLONS Bia eta erste ues rostedciere, sue ee ad 


ANIMALS—See Parks. 


Sereno becO er tk LAL Onis dete ola tons ce 
COmDerATrCS COOP WILCTI aie Sieteress Gee pause ao ces 
CTO CALS UTCUYY cac tes torereens coscebate, oad. due. ates 
Sew r etlO WanCO MO LICLEC «5 25s cto te cee meray 6 
Peleg SserOl MWilene Cla LIME s0.ic.6 kere ors e chains 
redemption, certificate in case of...... 
ROUTE Ota 1 Wa Oi, SLO iie ehe7. Ns br dee cane hemes, arts e te 
purchaser not to sell under six months 
proceeds of sale, how disposed of...... 
ROSORONSEOLE LCOS ic. tc. etalanereptie: cam etter, eoetore ¢ 
constable or marshal failing to per- 


proceeds to go to use of public schools 

Birayerrom aaq7,OInins COUNTY .«....>. « 
APPEAL— 

from final order of Juvenile Court..... 
APPEALS AND WRITS OF ERROR— 


from judgments in Court of Criminal 
‘Ghee alen, -,  Geocaai he Peres Be eee 


86 


101 


Sec. 


192 
193 


30 


121 


note a 


note 


note d 


to 


226 


INDEX TO STATE LAWS 


APPEALS FROM CIRCUIT COURT— 
in application to have name put on reg- 
IS(rAtiOnwIIBis .. ly oc. bee tele tete 
APPEALS FROM JUSTICE COURT— 
hoy (GeiboehkereWh GRC on oto dace sa200%o DDE 
APPEALS FROM POLICE COURT— 


to be taken to Court of Criminal Cor- 
TECCION OR) Voie scetemerenciotsvevere ee ehoneh terete ks eters te 


APPRAISEMENT— 
INGSiUtLOLeSPeCHMICERDLODCl UVa eee 
ARREST FOR FELON Y— 


chief of police to report, to circuit at- 
COTNEY ose wees nvecetol cetene mete thete Riera. 


ARREST OF CHILDREN— 


police to notify probation officer of... 


ART MUSEUM—See ’ “J/ndex to Revised Code. 


annual tax for, may be levied, when.. 
AMOUntwOTE ta xtere ceieiens ae toe ick tapean nee 
taxe'shallecease: mwillence ete chee eine 
tax has been votedin St. Louis for 1907 
definition—requirements . ............ 
to be open as a usual custom on holi- 

CLAS ee cues eh oters ae ce ehone a eteneichtibcnencieie te 
admission fees, for what use collected. 
appointment of board of control... ... 
to consist of 9 members appointed by 

TAY. O Cit re eee ee a he eee Ce 
term “of Foflice——removaly <i cere ier ae 
by-laws—powers of board—finances... 
poke may appoint director and assist- 

TUS Be eres ee lene te ee eae ee 
donations and bequests—title, how 

VESTCO PR ineun ster ele bose a te alae cuadecn ere 
act takes effect under emergency 

CLAWS CMO CONSTLEILET ON neni nner ene ie 
how far free to public—further powers 

OLS DOALAGSass otk tick Oe ee 
IASNONAE (Oh WleVOAMI no ABA andodedonrE Coon 
when to be made and to show what... 
what ordinances city may enact...... 


ASS.—See Animals. 
ASSEMBLY—See Municipal Assembly. 
ASSESSMENT OF PROPERTY— 


plats and change of assessment....... 
COLLECTOR PATI eS a cliULt yarns scien niet acne 
powers and duties of City Council as to 


ASSISTANT CIRCUIT ATTORNEY— 
Cohb ha Ket aren Sree, Ginon i al er a ee hee enon ee 


employment by others forbidden, when 
fees other than salary forbidden...... 
violation of: law forfeits office........ 
penalty for same—bribery............. 
deemed guilty of bribery, when....... 
may be suspended upon indictment.... 
governor may appoint successor....... 
restoration to office prosecution of in- 

CIiGUENTEIU ger micts a sicyien iene eee cas ome Pee 
in St. Louis five—how appointed—pow- 

CV SPaind e OUCLeS eens mraicnershree creatine oneiine 


LORALLEN OMS rane) Uy Willen ieeenenen eae 
SAlATICS Meee eect een Soke Ghai e sPeqeic se ope ene ae 
BUCHO LI CYVMRO Lee Ue neater cbs tata col encas Sete 
circuit attorney may appoint addition- 

Wl owas Loe Ken epee hay re Sato tC rm eo ase ote 
duties zot——fremovialleeiaecei eile eae ee 
SO lL errata bebe ere ee cele tans iehicbe over Meare. oc asnemttene 
circuit attorney may appoint additional 
duty <of—-removal kore scutes ieee enens 
SalarveOTeadale1On a Levitt seieecu. maciner ace 
addi tionalemaynvperaApDOINted s. eae eaters 


FOR ST. LOUIS. 


Page. 


133 


wh) 


103 


85 


105 


120 


Sec. 


267 


115 


137 


25 


139m 


215 


Lene 
lla 
lla 


“11b 
11b 


11b 
lle 


1le 
lid 
lle 


lie 
lle 
11j 
Lif 
aka bees 


ste: 
1ih 


468 
469 
470 


note 


note m 


note p: 


note j 


INDEX TO STATE LAWS FOR ST. LOUIS. 


PEC vee CII Clete etakceeis Gis es ue « lalotuveisialaisiets 
SOWING! BS Boke eee He ene Pn ara Ae Ale 
to perform duties in Circuit Court for 

SeMInag BOMUseS Hels cles Gere hae ee ewe 
to manage and conduct criminal causes 

PO RCUL Um OOUL Lethecsceere ah cleluntaccial. on 
POMOC Se CLOMe LO SGMELOLS cs aiae stetice ccs one 
to manage and conduct criminal causes 

POLO UE GOL Ure alctiie eter tren cee 
to conduct causes in Court of General 

BEES LODGiercicrie eee ticke c aeasie ee ee oe 
duties in Court of General Sessions... 
PLeGrIOTiECOLLOR Ua LOl heir 4 caecs oes ce eer ena 
proceedings, how conducted............ 


ee PROSECUTING ATTOR- 
NEY— 


election—term—qualifications—duties.. 
OTT GIUS A.G LOI) pe sacehatel« oveteds clareus ier elaserer ar. oie 
SOveruore toe COMMISSION giciec vice cle eisic:s 
information properly lodged with.... 
CH ILCY ALLO Ww tllleGie clam cio crciewevetcr ate ic sneners 
to devote entire time to duties........ 
employment by others forbidden, when 
fees other than salary forbidden...... 
VMiGlittiOm OL lAwelOrtelts: Off1G6e-n 4... 5 
Denaltve tor Same—Driberyie.c o «ccc ctens ee 
deemed guilty of bribery, when........ 
may be suspended upon indictment.... 
governor may appoint successor....... 
restoration to office, prosecution of in- 

GUGCIMET Uw amerte cael custahe charct darermietite tele onare 
LoreGourtsoL. Criminals Correction. ..4-- 
RELIEER VANE O Like eerctase ee ohereie «hoyetarsiiatsl haere ale rccenans % 
duties in Court of Criminal Correction 


ATTACHMENT—See_ Bonds indemntfyineg . 


officer may demand bond in making 
NGNGVENrmmes cRict ass © Cretemenene a’ eters Sheree, sete get Aiese 
money in court under writ of, how dis- 
TTC ECC areas c:caet cnet cheats oe aero ien eon eee Suess 
FOPiSaLenOnwOLt jUStl Ces COUT tein...) aieie 


ATTORNEY—See_ (Circutt Attorney; Assistant 
Circutt Attorney; Prosecuting Attorney, Assistant 
Prosecuting Attorney. 


ATTORNEY GENERAL— 


POVMETMOLELO COM NULSSL OMe acrere tet ore iene rater 
Mel CAIIGY wel Wear ll HLGG ra cyan ste lon sconces? o eueies oak eters 
Elected cevery TOUr «VAL Sino .aie ca cone nie abe 


AUDITOR OF STATE— 
electedmevery 1OUYr Years... 00s s060 4s 
BEER AND GRAIN INSPECTION— 
DECTAAINSDECCLOLM (Law Valid occa a icy lore ens 


BEQUESTS TO ART MUSEUM—See Ariz 
Museum. 


BIDS— 
LOL leSale AG VeErlLISEMENtS s = ee. oo st ea ne 


BILL OF SALE, FORM OF— 
when impounded stock is sold......... 


BOARD OF EDUCA1.ON—See Public 
Schools. 


election, number, term of office, classi- 
TLC OL CLO eset a cht cerehe bade ets) wiehewevans fone 


BOARD OF ELECTION COMMISSION- 
ERS—See Election and Registration. 


BOARD OF POLICE COMMISSION ERS— 
See Police. 


BOARD OF PUBLIC IMPROVEMENTS— 


to recommend grading of street or 
Bian eeor tee Tae. WEliy as «s <9 sirens: 


BONDS FOR SUBWAYS 


SIL WaITIG WTA S UC. pee os wus Pe ate gays Oe 


Page. 


89 
89 


93 


115 


124 


223 


78 


80 


193 


211 


220 


30 note d 


237 


504 


585 note 


630e 


227 


298 INDEX TO STATE LAWS FOR ST. LOUIS. 


BONDS, INDEMNIFYING— Page. 
ackunaturcrandsextent OL... eee 85 
may be exacted when and by what of- 

TL COT Sie ttee se crete cvoosve + a teneienel cee ae 83 
LOTTWRO Lees vas clots tose 0 ose oes Leen Een 83 
claim to be in writing and verified.... 83 
wWhatishallesetsLortine ts ai. sw cccteetetencebore cee 83 
ACTIOMMON Welt. cccte we ake re dence obtener 84 
oLfnceraw len. NOtelia DiGi mercer cee 84 

whenslia blew in ms. hiss cremate tiie ate raremer 84 
objections to security how made...... 84 
effect of overruling objections......... : 84 
officer not protected when............. 84 
where there is more than one claimant 84 
claim to state value of property....... 84 
what’ shall be deemeéeda. neta weer 84 
when court may require bond........ 85 
money in court under writ, how dis- 

tributed 24 Voie eee eee ee ee 85 
under claim for specific property...... 85 

BRIBERY— 


circuit and prosecuting attorneys and 
assistants deemed guilty of when.... 87 


BRIBERY OF JURY COMMISSION ER— 

DUNISHIMCTICT a0.) sterr cence eke SoitiateRadans fete That 
BRIBERY OF VOTER— 

Ste primary clecclrOMersset totus em eres one TS: 


BRIDGES AND TUNNELS— 


power to build or acquire and AE 


ADDLOACHES LLOMSAMC cists eens 85 
for use by railroads, street cars, etc. 85 
bonds for bridge across Mississippi 

TEV CL abe Mela so Sr iter oie te eee Wuark neh aebemeiochere es 86 


CAPITAL STOCK OF STREET RAILROADS— 


increase of Dro Vide TOR acini cas cree 219 
preferred stock authorized............ 219 


CARS, STREET—See Street Cars. 
CATTLE—See Anzmals. 


CERTIORARI— 
review of action of nominating conven- 
TIONS ED yee eek. ceo one ee Lan ere ne 149 
CERTIFICATE— 
ine GeaemptlOn sO Levande, |S sage een eee 80 


CHAMBER OF COMMERCE— 
may “appoint flour anspectors=. eee 160 
CHANGE OF VENUE—See Circuzt Court. 


to other divisions in case of prejudice 


OLSINTETES tae Goon et ee ee 94 
in circuit court for criminal causes how 
CIPECE CCAR, Betet cach. wing eee nee ae 96 


CHIEF OF POLICE— 


to report arrest for felony to circuit at- 
COPN CY cite oeleila ee ke sien ee 105 


CHILDREN—See Compulsory Education; Juve- 
nile Courts. 


CIRCUIT ATTORNEY— 


election, term, qualifications........... 86 
amendmen Creole! OOF ec creec-eenee 86 
duties Tote assistayn tiv cere tee eee 86 
sec. 29 presumably superseded........ 86 
COMpPen SALON gee ce tee ee ee ee 86 
SOVETNOTLAtLOECOMIMISS1O Mien ce een ears 86 
Vacancy nOwel L1CGE sana cuels cone ee eee 87 
when to appear in St. Louis court of 

AD PCAl SIME eee he sic a itenake i oe 87 
COMPeENSAtIOnNy LHeEreLore mene ee eee 87 
may cem ployaclerktiy.ca ieee Gene ceeee 87 


43 


160, 161 


31 


27 
27 


27 


627 
628 


318 


348 


85 
96 


note e 


note a 


139m 


INDEX TO STATE LAWS FOR ST. LOUIS. 229 


Page. Sec 
qualifications, tenure of office, removal 87 36 
SUD SESE Cy Ge GOLESI RG, Viv auedets Miovc's Mlerk dP nach chalet orale 87 aiff 
BHlsryveds Glork ana. how paldis... «<<. 87 38 
to devote entire time to duties........ 87 39 
employment by others forbidden, when 87 40 
fees other than salary forbidden....... 87 41 
violation of law forfeits office........ 87 42 
penalty for same—bribery............ 87 43 
may be suspended upon indictment... 87 44 
governor may appoint successor...... 87 44 
restoration to office prosecution of in- 

NG CAINE. Miter tare Porence tiene ier ener eis, & ayer deelb, el fos 88 45 
in St. Louis to appoint five assistants... 88 46 
how made—powers and duties......... 88 46 
may appoint five clerks and stenog- 

PEO Later the Gevnacdteheets aie, sae ele ere es aS 88 47 
HILAL ULLOS 1a mr ckr vin ctebene cers Suet elolsliaa wiatele’s 88 47 
COMUrer OLMmOMLGO halite Wlses @ cies ea sl ieearars 88 48 
SL PLCSEM yar ile el abs, uusreeteci ee we di. eat Casa sk hes 88 49 
compensation of, disposition of........ 89 aa! 
fees—contingent fund—disposition ... 89 52 
may appoint additional assistant...... 89 54a 
Rive GD POLE. OOD tty a sic selec vis ochre ache 89 54a 
duty of deputy—removal.............. 89 54b 
Salaryeor additional assistant. ......... 89 54c 
eer VOT CLOL) ULE Y: cic th toss. elec caters! ev aor oletsl stelle 89 54c 
to perform duties in divisions for crim- 

PUNE aC MOR cB) terete at Mecd ool ete aie. chap slctetametes 93 83 
to manage and conduct criminal causes 

ENUM LECUT Go COMER TT cto oer dl cae avons ouain oan eleiee ote 96 95 
compensation. therefor). so... 6. soca seh 96 95 
to conduct causes in court of general 

SEES ECTS ow tee ate ns ch ckol creh ct ch ckeeer otet cu cad rabet ebeahe 104 139e 
duties in court of genera} sessions.... 105 139 1 
to aid probation officer of juvenile court 120 215 
contested election for, where heardand 

GUE TES aah aW ete ht Re cnenatcs te neta. AES OIG oe TAB EE 125 242 
proceedings, how conducted........... 125 243 

CIRCUIT CLERK— 
to pay judge’s fee into city treasury, 

UAT NEST TMC aera to legate. ior clas ratioineas tka chewel es: auntie a tere lene 92 76 
mechanic liens filed in office of....... 93 78 
circuit clerk for criminal causes—office 

EMEC TCR EC wiry cist het ckckstey chs testis: @ ose at Oiahe bate 95 94 
Ch ere ECM nd) OU Cece coceus siopetacel ote tone Menton tiene 95 94 
Sein LCS 0 AT) Cy DOG. s16, sisien caste cis alate sis 95 94 
Sie PeetiSs: SOL. OL eCOULEs sc dente cs reaete one 95 94 
LOCC CAI Ce COT Tis ee beealed ane sas eheneae eters 95 94 
shall make statement of fees......... 97 100 
SEI W RS htt canuaieicn Mapy ohoirach eee ecient eRnEe 97 100 
DID DOME GEDULLE Sian aa onions cco eat sts 97 100 
en a VeRO Lie CLO DU CLES keh ata etele eo wud ich eletenseo ere Oi 100 

CIRCUIT COURT— 
BUMS TLEULLON al PDO VISLOTS! a crcicie os sletsisce 90 55 note 
COMO MSU Oils lan TUE ER co satel oor vtec, che) one 90 56 
MO Seton sitORt, CEL. site arccuheie © ecslerele so 90 ail 
ClECtION wEClG:. OL SUCCESSOR G ess s.efe <t ae 90 58 
criminal causes—general term arrange 

docket—grand jury ‘to attend....... 90 59 
jurisdiction of common pleas, land and 

law commissioners’ court transferred 

COMME tists Sacte Mears ates al eae eter suave stot tabs 90 61 
RIGEOTN Se Ole TLCS ence heals stasis lene sn aee 90 note 
unfinished business of said courts 

BRONLOT YOO LO aceite a ox cis sete Faris tao ae 91 62 
certain cases to be remanded to from 

Sie ime COULTS o ctadyentn atid sehen ethers aie 91 63 
unsatisfied judgments, orders, etec., en- 

EC OCLM LT) Valet eee che touse eel acho res aie temsbotens ore 91 64 
lien of such judgments, decrees, etc., 

CLINE TT UOC Meh Tier fuse leved che Sete ia ete a etn tare tei sho Be 91 64 
return of writs, process, etc., to....... 91 65 
records of said court transferred to.. 91 66 
CITES ume CO LMEPN OT) ULC c., crs oe ects ai eha aie sete ene 91 67 
five return terms held annually....... 92 68 
general term—how organized......... 92 69 
general term—power to make rules ex- 

MSESLLICLES Cl GY crenata te te olteh se dae? vce elieace tenet e eeed 92 70 
general term—business may be classi- 

Momma Ne CtsGri i tOUa... s+ acs bh  ahatereton 92 {pl 
rules can only .be made at general term 92 70 note m 
cases sent from one judge to another 

Pes VOCIA ALOT a WiLGINs secs crcle onoteheioione: 92 71 
powers at general or special term.... 92 TL no ce: Nn 
dockets to be kept, to contain what... 92 72 


SPeCiIAL terms GdEHNEA.....: 2.00.6 boas ele y 92 1(t:3 


230 


INDEX TO STATE LAWS FOR ST. LOUIS. 


power of special term over its judg- 
TNLGTUUS is recs tanctetous tals etsy oueks usta sts freien omen 


DOWeLSeOLUGLeSainwmeyVaCcallonl aye 
judge’s fee—costs of clerk regulated.. 


clerk to pay into city treasury judges’ 
f OOS IR ee ra cectece sy pbere ena) olelens veueie Cone eke enone us 


rules can be made only at general term 


relation and power at general and spe- 
Gla LRCS Tr Wee ce cree e ee ie ae ee eee eee ae 


TUOLS ee Owaalurn 1S Cd eemwcrate cients 


mechanics’ liens, when filed........... 
certain abstracts of judgment to be 
GORTINUSd here Ee certs kek oe ie eet anes 
Gases triable cwihenme shear senere te erence: 
St. Louis criminal court to consist of 
tWOSdLVISIONS hice chet sti ea ere ate 
sec. 81 superseded by later law....... 
governor to appoint additional judge— 
qualitications——-salarvaun. eee ee 
sec. 82 superseded by later law....... 
terms TLormcriminalecausesen ee eer 
circuit attorney and assistants to per- 
FOTIN A OUTLE Salles eintcie eterna eran eee 
terms of court—officers—duties....... 
assignment of causes, how made...... 
changes of venue to other divisions in 
case of prejudice or interest........ 
St. Louis criminal court abolished, jur- 
ISGICTION MVeEStCC ml New ree eereh ene enone 
sec. 84 superseded by later law........ 
has jurisdiction over misdemeanors, 
WRENN ores eee ee oa shel eis one ee 
business of said court finished in...... 
supreme court to remand cases in said 
CO UPTETCO Merc act rebetielioes obits iotels Sithie cee eRe eenere 
circuit court to finish remaining busi- 
NESS ee bore eked toe eee een teh eiee ae ee 
in cases of appeal or writ of error judg- 
MentstoOmpesremandedat Omari cee 
unsatisfied judgments and decrees of 
criminal court to be enforced by.... 
judgments, decrees, etc., of St. Louis 
Chininalecourt entoOLce celle anne 
liens of said court to continue in...... 
writs, rules, process, etc., issued by St. 
Louis criminal returnable to........ 
have jurisdiction over misdemeanors 
punishable by imprisonment in peni- 
Cen CIA YVAiae ie, coro a eereee eae Gcietet iene 
writs, rules and process, how return- 


books, records, etc., of criminal court 
to be delivered to clerk for criminal 
CAMSCS gle = necece cle fie cherokee eee eet we tren 
SAIATY 2OL HIUGLESa ee ol. aekaon eee eee 
transfer and disposal of criminal caus- 
es—such causes to have precedence— 
STAN OC SUT Vea ee eee ne cea 
office of clerk for criminal causes cre- 
ated—fees and compensation, bond, 
CETrMEOTeOLICEC eae eae cn eae eee 
circuit attorney and assistant to man- 
age and conduct criminal causes in.. 
compensations thereon aes cee 
changes of venue, how effected........ 
judges in general term to make rules 
LOVCALLY Ra CUMNtoselLecin- een 
amount to be retained by circuit clerks 
and clerks of criminal courts....... 
to make rules in general term to carry 
law intomerlecti.w . cee eee eee 
salary of circuit clerk—appointment of 
deputies—compensation ............. 
to appoint provisional judge of St. 
Louis court of general sessions, when 
jurisdiction as juvenile court.......... 
judges to designate judge of juvenile 
COUT Carte ets ce that eee eee ee 
to determine certain election contests. 
to determine election contests for cir- 
CUICMALLOLNeyVeaANnGeasSIStalltrnn eee 
proceedine ss now conducted... 
to hear application to be placed on reg- 
istration ists *ewhent-ncce ieee ee 
ADDCalSeLrOMBINGSUCHECASES neice nee 
review of action of nominating conven- 
tiOnNS “Dy wee ee ee 
has jurisdiction over school board and 
its Officers a eee aoe eee 
sheriff to execute process of........... 
ACLEEN CHO N Bee eee a hehe etneeers 


Page. 
92 
92 
92 


96 


103 
118 


118 
124 


125 
125 


133 
133 


149 
196 


206 
207 


note m 


note 


note q 


note 


Sec. 


516 
552 
253 


note q 


note r 


note s 


note h 


INDEX TO STATE LAWS FOR ST. LOUIS. 


each judge to appoint stenographer... 
to hear street grading proceedings..... 
LOMEGCETT TUL ISOLCTLOL es cus ee. O sr e lk te katate 


CIRCUIT JUDGES—See Crrcuzt Court. 


Lopmianke rule in’ general’ term... .% ..... 
to approve appointment of assistant 
SIEOU itera CCOLUCY Sauce sts ciao celetas + so t.0 occce 


CIRCUIT JUDGES, SALARY OF—See 
Circutt Court, and Salary. 


CITIZENS’ RAILROAD COMPANY— 


HOtCELOT I AVLOOUDLIGLLCACK.. a. a5 stele sce e. we 


CITY ATTORNEY— 


to aid probation officer of juvenile 
RSCUUTISEEREe f cic, eis cBericia, are et ay olen cieharale a) elessrene 


CITY COUNSELOR— 


member of trustees firemen’s pension 
Tol D TCIM MeN Shel cel orticers tans jerakciens idkelerc ono cle we ckere se 


CITy.oOYr. ST. LOUIS— 


in suits against for damages plaintiff 
may be required to join as defendant 
person or corporation liable on same 
PLCC OLE Cem teg nar at eienetetarat ete eda sort sun casue totes ons 
Mit ee Series owe wa talsiecpsecare © skies 
MavelSSue. DONS! tORt SUDWAY Ss veo sess 


CITY REGISTER—See Crrcutt Attorney. 


to transmit to secretary of state vote 
imei meuLl -ALClOLMC Yen ae wetene chokes «che 
for prosecuting attorney and assistant 
to deduct pay of judge of court of 
Chittriiiaim corre GuiOnes weiss cies were 
of judge of court of general sessions 
to perform duties of county clerk, 
VIELE Se Leta oh JW ar shied nailed wns ater dis e.ehiel tiie 
duties required of county clerk in 
dentistry law to be performed by in 
Seis, GT ICS oi ale SO PAS EER at oh te ae ee Pat 
members of trustees firemen’s pension 
Heth EE CIMT OmtEey ers ehe ts orc cn Gverauslencihel ore cee A aceie sae 
Cire smeCONGCeLN in Sw li GiUOnS irae ates a chee 


CITY TREASURER—See Art Museum. 


fees of circuit attorney—contingent 

PALI ——CLSPOSLELONGt ctcs sicieve ate sseleca scare a's 
duty of as to circuit attorney’s fees... 
fees, contingent fund, disposition..... 
member of trustees firemen’s pension 

fut TE CLM Mey eh eis reece oh, shires cont, tet arevare: crete ects 
ex officio treasurer board trustees.... 


CLAIM—See Bonds Indemnifying. 


to property levied on, how made...... 
LMI OMIS WOLIE COA. ~ cvertie <ccts che este leachate ots ee 
LOBSLALG Value OL PLTODELCY.s wc css 6 o6 sree 
bond under, for specific property...... 


CLERK, COUNTY—See County Court. 
CLERK OF CIRCUIT ATTORNEY— 
See Crrcutt Attorney. 
Cirewit attorney, May ADDOINt. .....<«. «>. 


qualifications, CONULG removals an « . ss 
RUUD COMMm MERCI eeRci ote '. stokay ods ia.iste es 8 vice 0) 6 wie ease #. 


Page. 


209 
212 
213 


90 
88 


215 


a 
or 
“1 


607 


215 


524 


231 


232 


INDEX TO STATE LAWS 


CLERK OF CIRCUIT COURT FOR CRIM- 
INAL CAUSES—~See Circutt Court. 


salary, appointment of deputies, com- 
DEMSALIOTMT ts CUG tor shale Naot t cee era eneaaees 


CLERK OF COURT OF CRIMINAL COR- 
RECTION—See St. Louts Court 
of Criminal Correction. 
SALA Gc re anceetons but Weha eave imine enti isan rere 
SNaeRGe pr AUSCa ie revetreneekstets toes eke eed ste teette 
statement of fines, penalties, ete...... 


CLERK OF COURT OF GENERAL SES- 
SIO 


aS) 


clerk of court of criminal correction ex 
OLFCIOMOLAE. siviir ke tees ote theres ener eee 
SALATY< Whe Se cikoce cscre Feit Golo ene eee cae eae teens 
to report fines, penalties, etc., to audit- 
OLDIW ION SEs arucie cs ede el eke eve cdect toes Lees aere iene 


CLERK OF JUSTICE COURT—See Jus- 
tice of the Peace. 


CLERKS AND JUDGES OF ELECTION— 
See Election and Registration. 


CLERKS OF BLECTION COMMISSION- 
HRS—See Election and Registration. 


SULA WM Ole Kecshseie wisvaiclektensrotcaon wate aha ene tewabale ire 
COLLECTOR— 


GUtISS HOLT Ne tecteveene wis ences keno coke ae nee Cae eee 
DOTA YO EL sais revere sais meecaeteha ete wntone Wake ene 
DONG 1OLGSEX LOL CLOW ere ee ee a eae 
effect of failure to give bond.......... 
bond to be in duplicate—where filed.. 
bond a lien against real estate of.... 
bond not invalid for informality of 

ASSESSINENIU Ht omurees diate Suresetme tenes 
new bond, when required—books not 

to be delivered until, when.......... 
bonds towberexaminedsa when. ricer 
failure to give additional bond........ 
sureties dischareed.zcwNensaaw. staan te 
in case of vacancy duty of successor... 
MIA TAD POM EMM EDULICS sere eae aan ene 
to return delinquent list under oath.. 
Wheresto Mepositmmoney.. cca .i oe 
penalty for failure to deposit as re- 

CUTS CB cick aahs, ation or eek Ren ee inl oe hceeaetame 
COTMMISSTON SRO La) te asthe cites eto mene rer 
when term of expires, vacancies how 


Hille dap as Socks eee cee eee ee 
certain tax bills to be stricken from 
TISUS AER Ke ease SO SA Peron, oe tece” Sones Me teins 
certain bills to be cancelled by com- 
mission 


© O28! Cikeyieve Le 4@, @ as 1.6, e, je) ‘aie apie ha. 0. es) p/\6 Wel 6 6 


lists made into back-tax book—duty of 
COMIECTOTMASULEE TOS EN TLOLGE caer eaters 
filing suits before day named......... 
duty of prosecuting attorney—collector 
may employ additional counsel..... 
QUtICSTORSSt., LOuUlisSsOLiGerS ac.e cients 


COLLECTOR, LICENSE—See License 
Collector. 


Pee SOO ca OF SCHOOCL -BUrnD- 
N 


HOWRADDO ID TCOSsGIILiGSs ai eeu meeieeerere rane 


COMMON PLEAS—See St. Louzs Court of 
Common Pleas. 


COMPENSATION—SEe various Officers. 


COMPULSORY EDUCATION— 


duty Of. paren GloreSuardlaneciencenbers vane 
must "send children sto; Schoolen na... 
children winenwex GUuSCOlia .ycuwe.cenere ais 
board to appoint attendance officer— 

DOW ELS eters ance eis) cpcne ins cue nema omaue ia: euttieee 
who to administer oaths—certificates.. 
giving false age—penalty............. 


FOR 


ST. LOUIS. 


Page. 


96 


104 
104 


105 


139 


194 


199 
199 
199 


199 
200 
200 


See. 


100 


109 
110 
112 


139e 
139e 


139q 


291 


506 


534a 
534a 
534b 


534c 
534d 
534e 


note 


note r 


note 


note 


note 


note 
note 


©N 


INDEX TO STATE LAWS FOR ST. LOUIS. 933 


Page. Sec. 
LrusuG OL Derencal SCHOOIS: os. <0 cece 200 534f 
parent violating law—penalty........ 200 534g 
certain employment of children  be- 
tween 14 and 16 forbidden.......... 200 534h 
children between 8 and 14 years...... 200 534i 
employer violating law, penalty...... 201 534j 
employer to Keep record of age....... 201 534k 
prosecutions—juvenile court ......... 201 5341 
CONDEMNATION OF PRIVATE PROP- 
ERTY— 
TOC PLA SOM DULEDOSERs wie. lei sce he sors 204 541 
CONSTABLE — See Animals, Bonds Indemntfying. 
Tees Oli DeCasesOLe SLVELY Sc: cis see eae we 80 9 
failing to do duty as to strays, penalty 81 9 
PCCLOMMOTE WOOT) Ge Ole intel ere serene o ticle lorvists due 81 10 
EQUA LCOSE Can iMa sey WEN. ws oaleere se ees 79 4 
may demand indemnifying bond, when 83 12 
MO tps eetOr le Vvye WE Stas ok by crete ne 84 16 
VLE GML OTE fre siete les Hinvecuheclaletsiehe olartbe ehpeh 84 16 
WO CREDO LECCE Wi GTin ts cisce sucinls sudnennle-o site 84 20 
suit against, court may require bond, 
ah CRATa came tare etre 516 Mer cite fer ehe “ioadiatere frote once 5 85 23 
one to be elected in each district...... 114 Lise AnOte Mm 
SRO te CTS ELL CES ss oictile.. are, ave o:eeueisydusiacuehe 114 174 
MIBcEiGis, NOW, CSTADLISNGMiic cc sles sls sisic 114 176 note o 
POLLO alae DLOVAGeU: 5 LOT sctsiate «ct thacame sites 114 178 
governor to appoint additional, when.. 115 179 
laws applicable to townships apply to 
CSP TOUS SRW ILE Timers nics c- etceer ei cict areca ehetetenite 115 180 
PDI We OW. LELVCU vcr el crete ek eMedestey oct aie ee eves 115 182 
BCH VMRE CH CL (HEL LTV cheer oi cit, eee) of wee aires ah cee or aeration ee ales 115 188 
LOMICCEDMDOOKS Ob taiCl ey weletie 6 ee severe ys Gb s 116 193 
failing to account, penalty, procedure. =: 116 194 
Cliyemavy sue. On Official’ bond oft. ....-. ata ry 195 
to give bond, duties, liabilities, etc..... Wak 196 
ee eee eL INC COMMISSIONS. 5 ces win ofa s.ns als _ tlhe LO eLOceut 
Tia ya OO TNibe CW.0' -G@eDULLOS sais e5 6 sole» aha be 198 
Beutel vae O.bek CED UCIES ces cleke cis ete aska, fate) arenes ab eg 199 
Giitece LOM tO DEepTOVLGCGiscs oe iste «ofc ue « Ler) 200 note u 
to notify protection officer of arrest of 
TUNG Water ale Salar Breiie Munster ac icd AA acahe hac aie rae 120 215 
CONSTRUCTION OF LAWS—See_ Zaws, 
Construction of 
CONTESTED ELECTIONS, CERTAIN— 
See Election and Registration. 
CONTINUANCE— 
Inecourt Of Criminal Correction... «<0. 100 116 
iMmCOULrLAOL S£eneral SESSIONS a... fas. wo 104 139¢ 
of circuit court for legal advertise- 
TROUSER A Fe Ea Chel: cua AERO CREE RPO, Ca Ce 78 1 
CONVENTIONS, NOMINATING—See Nomz- 
nating Conventions. 
CORONER— 
to view every dead body brought to 
morgue and if necessary hold inquest 170 399 
EMCO MOU LLOS aecdnctdiunapcis. eos ate che tema rect: bers 207 5.50 
powers and duties of—appointment of 
ISH CROWD NETS I -iey SHAE ACPI fe cS seh tree LN GR Ny RS 208 565 
taeasand costs, how pald. 2s... dc. . 208 566 
DOWers AanGvautics: Of “MaAyOIen ce. ss 208 567 
COSTS— 
DEGOSECULOT, Lia bles tOr, “WOCM. «<i «6 %0- 102 ied 
COSTS AND FEES—See ‘St. Louzs Court of 
Criminal Correctton, 
COSTS, FEE BILLS— 
in court of general sessions........... 105 189p 


COSTS IN CRIMINAL CASES— 


laws concerning apply to court of crim- 
Te COLT CCEIO MM 6 feo aie: +) swine sears. apel takor ere 103 138 


COUNTY CLERK— 


duties of in dentistry law to be per- q 
formed by register in St. Louis..... 122 228n 


INDEX TO STATE LAWS FOR ST. LOUIS. 


COURT OF APPEALS— 


jurisdiction over nominating conven- 
ELO TI Space eee us tote ile te dersda eke ene te paren oteters 


COURT OF COMMON PLEAS—See S/.Louzs 
Court of Common Pleas. 


COURT OF CRIMINAL CORRECTION— 
See St. Louzs Court of Criminal Correction. 


prosecuting attorney and assistant for 


COURT OF GENERAL SESSIONS—See Sz. 
Louts Court of General Sessions. 


COURT RULES—See Circutt Court. 
COURTS—See Various Courts. 
CRIMES— 


offering property for sale without writ- 
ten Authority ota cie ecient iets et stree eae 
application for loans without written 
AUCHOLICVs s wees ere otis eureeis so ckeite see's Groner ate 


CRIMES AND PUNISHMENTS— 
under primary election law........... 


CRIMINAL CAUSES— 


jJudswes®assioned tor  trialeore ween 
STAN Gs) UGY ElO eat LOlM Gin meceterdieisicie terete tee 


CRIMINAL COURTS— 


cee ve eceoeveceee erect eee este 6 @ 6 6 0 8 a 8 8 


DAMAGE SUIT AGAINST CITY— 


plaintiff may be required to join per- 
son or corporation liable on same ac- 
COUNteASECO-GeLendanteae eae iene 


DECREES—See Circutt Court. 


delinquent and back taxes—certain tax 
bills to be stricken from lists....... 
certain bills to be cancelled by com- 
MISSION Me ere eee ee ee ey eee eee 
back-tax books made—duty of collector 
—-SUILtS |) to "EnLOrGer cmc cic alelee cieucnertucs 


DELINQUENT AND BACK TAXES— 
filing suits before day named......... 


DENTISTRY— 


city register to perform duties required 
in) thesliaw wor countye clerk. cr ene. 


DEPUTY CIRCUIT ATTORNEY—See (ir- 
cutt Attorney. 


ADPOINTMEN E10 Le sae eee eis owonere ened nets 
duty “of—removaly cee eee eee 
SAlLATY BO Lie receuchete aco eee aires aie ese Re Cre 


DEPUTY CIRCUIT CLERKS—See (Crvrcuzt 
Court. 


DEPUTY CONSTABLE—See Constable. 
DOCK ETS—See Crrcuzt Court. 


DONATIONS TO ART MUSEUM—See Ari 
Museum. 


DRAMSHOPS— 


office of excise commissioner created. 
application for license, how made..... 
license issued or revoked, when....... 
commissioner to keep record of li- 
censes and preserve petitions....... 
commissioner to notify pres. police 
commissioners of issuance of license 
license refused or revoked, when...... 
duty oLepolice we. cate ee ee 
fees—powers—duties—compensation 


EDUCATION COMPULSORY—See Compul- 
sory Education. 


Page. 


86 


121 
12/3 


149 


190 


122 


122 
122 
123 


123 


123 
123 
123 
124 


Sec. 


318 


30 


490 


228 


54a 
54b 
54c 


229 
230 
231 


232 


233 
234 
235 
236 


note a 


note y 


note b 
note c 


note d 


note e 


INDEX TO STATE LAWS FOR ST. LOUIS. 


ELECTION—See Election and Registration. 
ELECTION AND REGISTRATION— 


Page. Sec 
BIECLOMmOLe SLL: OLLLCGLS cls cea nic els € nk s 124 237 
MiecuonwoOLre Other OLNCIAls. .. a... + .« < 124 238 
iia tee liOUlss GONGUCLTEG NOW. ....a0 << eee 124 239 
Pearcai contescs in St. LouiSs :.. 1... + 124 240 
proceedings, how conducted........... 125 241 
circuit attorney or assistant, contests.. 125 242 
BLGCoCHlne Ss 1 De SUCH CASES. was oe eg sas 125 243 
provisions apply to St. Louis, except... 125 244 note g 
Pac ISeleClOlia Oly VOCED S ac euleich ae ca te ace 125 245 
board of election commissioners created 125 246 
how appointed, qualifications, duties, 

SESNGEL ECG CS OM Gre ciate) cece aacaie eh ecehch sce a areca te 125 246 
board to print rules and regulations.. 126 247 
Pacords Open LO aNSDECTION «ec ai sian 126 247 
tomprint and furnish official data. ... - 126 247 
to make report after each election.... 126 247 
RESIStr ye DOOK fOr Precinct. ...0..+ 6. < 126 247 
mayor may make suggestion to gov- 

PERU CE tar eka aes) okie te ac cne. Sod wi ekatere oes 126 247 
secretary of commissioners, powers, 

Are SMM CR Me sat heseratectic etscx poate: sore ee «46 as 127 248 
commissioners may employ additional 

UG IS ML eat aoe ai st ope ciel seeks folele a epute’ Soe aie. s L27 248 
office of commissioners in city hall... 127 249 
commissioners to buy ballot boxes, 

HOOK SMELL K Sat lLGa mus «cerca te ae sre 127 249 
Gcnereauties of commissioners........- 127 249 
to divide city in election precincts.... 127 250 
to revise and rearrange same, when... 127 250 
judges and clerks to be selected, qual- 

ELC UCL OLS Mere Weed din Meet cl aha oie seit le See te y 127 251 
commissioners may remove judges and 

(OWEN REST. — 3 eae ts auction Seana era era 127 ib 
but must assign cause of removal.... 127 251 note h 
names of judges and clerks to be pub- 

UGS AVEYE be - cps §, Aiea re cre, 15 Rammer eran Ese meer re 128 202 
qualifications of judges and clerks may 

DEMO DI CCCOCM COM ae ae kocta eel etree sek ces 128 252 
Doan etOwn ear ODIJECLIONS.. - eae eae a a ace 128 2b2 
MACAICLOOMET OW: {LLOQ sie ece tiecchecdcousevnrs sabes 129 252 
NOticemot res iStrations Gay Sia. . acess <.s 129 253 
registration days—registration books. 129 254 
precinct board of registry—duties.... 130 20D 
trainee tO DO Lec viO LOLS ct. sakes sieeete het ers 130 256 
eiralienses—appealiSs winks se vtes. stews + sc ile: 257 
verification lists—challenges ......... 130 258 
precinct canvassers—duties ........... ileyil 259 
notice sent to those whose residence 

Tit} Pee OCLC Caeser dettcrerouacctsieucnetctiekowarc cores * > on 260 
printed copies of verification posted in 

SOME Ty COC ING Cues itera.) a) gi eteis sex cays oe ol ee Poa 261 
judges and clerks to revise registry, 

USNS T IMME Memee a one tie cen cae cs oleae ee erie ryt meiapic: amt ote 132 262 
proceedings, how conducted—affidavit. 32 263 
voter may ask to have any name erased 132 264 
POmmimCo tea ODLICALLOM eLUCTECLOI a. «2 0s as 132 263 
application to be signed and sworn to 1383 263 
duty of judges upon hearing applica- 

(en 4° a ce ecAlbichs ae Ow nine 5 One oecaek car sae 133 264 
judges and clerks to sign registry.... Dols 265 
registry to be sent to commissioners... ee 265 
commissioners to proceed, how........ 133 265 
EOUMELOUDe Liven to any voter... ..... oo 265 
circuit court to hear application to be 

placed on registration lists, when... 33 266 
appoalsmtromecirellity COUNT. es «2 cic. ese 267 
LeSistnatloneDyevOaLdloOr GCOULtsc sme sce 134 268 
transfers of registered voter......... 134 269 
registration of invalids and absentees. 134 270 
revised lists of voters, when to be com- 

DUGAN ENOW.s DOSTEO Stora ccs oe ae 134 rat tal 
delivery of poll-books, ballot boxes, 

Give. fie oi pele Faget pee oi ee Meee ne eee ene Coed ae SD gia 
polls—opened and closed, when—ab- . 

sence of judge or clerk—penalty for 

absence or detention of ballot box, 

ee POT CL Cite ct a vee er Ghar tae a. sameretole ey ene 135 219 
DAoOtepDOxetOnbe Kept Inzpublic..,........ 135 274 
BOL TIO OKA IOWy OD Usts ce tiete coins ee oeae © 135 215 
how ballots to be cast—challenges.... ere 276 
registry in force between general elec- 

LLG IL SMEs rea Cie Shere, cee or state ae Ma eee ate 136 FATEH 
judges to be peace officers—challenges 136 278 
MOLE COTMASSCU.. WILT sels sco s eteretenle acre 136 279 
DME OmmILO WW MCEINY ASSOC. vr cis «dive ao %.0 ste Src 137 280 
vote on any proposition canvassed, 

LARA oy i: CUE, HOES OR pee, Pac Re Se a Po 281 


result of canvass, how made and certi- 
TORSO! 4° a Are rices ag Se Puen i aR ae ae 138 282 


236 - INDEX TO STATE LAWS FOR ST. LOUIS. 


’ 


Page. Sec. 
poll-books placed in ballot box, how 

Vet OR R16 ba eS A MS Re AAR rie orc ORs or be 138 283 
GiSpositidgn Ol. VaeLlOth Siena oles ee eee wie 138 284 
statement and tally delivered to com- 

missioners . yy eee : a 35 eee : ee 138 285 
judges and clerks exemp rom jury 
: Bate NT oe Tei EG, SPE Ii HR he ARS on le 139 286 
disposition of ballot boxes by commis- 

SIOTLOLS ie chore ans chate otehs leet aceloes tae eae oeecerene ds 139 287 
abstract of votes, how made—copy sent 

TOMDrONSE LOMLCETS cite eietsicts stoket snot na tenets 139 288 
issuance of certificates of election..... 139 289 
when fraud is suspected—procedure... 139 290 
salary of commissioners — secretary, 

CIOE EC Sis oie cy Mien etn easel e petals ins in ts Maen te 139 291 
Daya OL sudees and (Clerks vam cid reel. ore 140 292 
majority of board of commissioners 

TVA VASO. CUMS TA neh ctetake Gosmcdatian a towel eheve sarees 140 293 
boardstowauditwaccoumtsma ws eae eileen te 4 OMe 294 

ELECTION COMMISSION ERS—See Election 
and Registration. 

ELECTIONS, PRIMARY—See Primary Elec- 
tzons. 

HLECTION TO INCREASE SCHOOL 

TAX— 
how wcaLledivand-neldeien rai te eee 197 521 

EXCISE COMMISSIONER— 
office of created, residence requirement 122 229 
may issue dramshop license, when.... 122 230 note 
may issue or revoke license, when.... 123 231 note 
to keep record of licenses and preserve . 

petitions also Ve eee Cee Cee 123 232 note 
to notify president police commission- 

ers ofsissuance Of Hicensenea. ose. 123 ase 
license refused ornrevoked, when...... 123 233 
fees—powers—duty—compensation . .. 124 234 note 

EXECUTION—See Bonds, Indemnttying. 
levy officer may demand bond......... 83 12 
money in court under writ of, how dis- 

tribite dicen fee eee et ee eee 85 pA! 

peerey rue oe AND JUDGMENTS, LIEN 

in COUrLsOL Criminal CcOELeGtlo nia tiene 101 126 
FACTORIES— 

not allowed near Tower Grove Park... 173 426 
FEH-BILL, HOW MADE AND CERTI- 

FIED— 

in) COUrt OL Criminal Correctionee. acts 103 138 
FEE-BILLS, COSTS— 

in, courteof eencrali Vsessionisic..c ener 105 139p 
FEE, JUDGES—See Circuit Court. 

clerk to pay into city treasury monthly 92 76 
FEES— 

of constable in case of strays......... 80 9 

MATS BSS xan ecccetoke teow aint otalen eh aacuarale 80 9 

JUStCeeOLethes PCAC ois che eacisee eet oene 80 9 
of officers in case of impounded stock 80 9 

FEES AND COSTS—See St. Louts Court of 

Criminal Correction. 

in court of general sessions........... LOS 139m 
FEES OF CIRCUIT ATTORNEY—See (Cir- 

cuit Attorney, 

GCiSPOSiTIONVOLM Ts. ee ace iene te estes oats 89 ol 


FEES IN JUSTICE COURT—See Justice of 
the Peace. 


oo 


INDEX TO STATE LAWS FOR ST. LOUIS. 


FIREMEN FUNERAL EXPENSES— 
bee extent paid out of retirement 
UTR CRMEUE (Fara Ml etki haha Rie. b-io- beta ok ey © suet wee aK acd ue 


FIREMEN’S PENSIONS— 


PATI LOOP UZOC cies setae cane Ait ale 0.8 G 
CIO TILE Vs aILEOLT) DOL: Aieye a fice a. cal weedy tae! aie 
board of trustees, who compose....... 
POOLE CG ta Cum i cbs. ES) ache. esas Bi ars: Seer ct eee ees a 
relief and retirement fund, source of 

re Gig es DRS CORRS Ce ETE AMPC Ee eRe Rie A RAR AE ree 
‘oeybhob@si Gay: Bena cyahi tbat. = MAPeG rl caer tee ra 
certain money for retirement fund.... 
DOWeTrS Of Doard oF trustees. ovine. ots 
transfer from retirement to relief fund 
PSSOSSITNOH Ce OLD I GIN DEP Sica cermsenee uch eke 
LUG OSTINeT Ur OneLe ere Cll oiyate ca ae ee, te 
MOM LOGNMCO-—1NTOCY OCS Uiiccic 5: cicle-s, 6.s1e5 0 a ere 
who beneficiaries of relief fund....... 
widows and children beneficiaries, when 
retirement fund—relatives  beneficia- 

PLCS VE LUO TIMES oe teers eee cems) sh ee ace nctan tees 
member of fire department beneficiary, 

VELL TAMER MERGE Tea oe ctine tan enial etait ts hits. hele aie 
Widow. aid ehrlaren. = WiNen faeries 6 orc 
funds pro-rated if insufficient........ 
treasurer’s bond—duties ..0.....2.06.- 
warrants, when and how drawn....... 
moneyepaid, Only om warrantsSe.. i... 
TOGUOTtS.OL DOaATdLOf. CRUSUTGCES ais... ce 0 tere 
funds exempt from legal process for 

CLES CS Penne metric ee ttccs cor tonne shot «iene oieiat me vs 
fire department association — may 

transfer funds to board of trustees.. 
funeral expenses, to what extent paid. 


FLOUR, INSPECTION OF— 


flour inspectors may be appointed..... 
TITUIVA DO G-=—CL.U C1 ESiae teens, shel cree etek ake srelene sles 


FORCIBLE ENTRY OR DETAINER— 


NUTISGICLION, Of JUSTICE COUR PIT) sei. ase 


FORFEITURE OF OFFICE— 


violation of law followed by, when.... 


FORFEITURES AND RECOGNIZANCES— 


MmCOuUrt. OL Criminal COLrrectloOn...... .%. 


FORM OF BILL OF SALE— 


when impounded stock is sold........ 


FRANCHISES CONFIRMED— 


of certain street railroad companies.. 


FREE LIBRARIES, PUBLIC— See Zibraries, 
free public. 


FUNERAL EXPENSES OF FIREMEN— 


to what extent paid out of retirement 
FULT CLs Meeats, sitobalis .c ketene’ aiehel elas stebene ce) ester ens 


GAMBLING— 


proceedings by police to suppress..... 
warrant for seizing gaming devices... 
HeEVvVicese Lose GEStTOVEd c vale oe crelsbeuss tierce 


GENERAL TERM—See Circuit Court. 
GOAT—See Animals. 
GOV ERNOR— 


to commission attorney general, circuit 
attorney, prosecuting attorney and 
PL ESL ELL ELTA MOLD ia Seach os aes h ecco) the Tener vstie Weta ele 
PISCE IOVeELry. LOMUM sy CALS sick eis ste oo enelelts 
to fill vacancy in office of license col- 
BES LCH Te eter was kv cea ash eee. Pot (ar er ele’ 
to appoint election commissioners..... 
to appoint police commissioners....... 


Page. 


160 


157 
157 
157 
157 


157 
158 
158 
158 
158 
158 
158 
159 
159 
159 


159 
159 
159 
159 
160 
160 
160 
160 
160 


160 
160 


160 
160 


115 


87 


100 


80 


214 


160 


86 
124 


167 
125 
175 


Sec. 


346 


322 
323 
324 
325 


326 
327 
328 
330 
331 
331 
332 
333 
334 
335 
336 
337 
338 
33 

340 
341 
342 
343 
344 


345 
346 


348 
348 


186 


42 


118 


601 


346 


32 
137 


383 
246 
430 


note 


237 


238 


INDEX TO STATE LAWS FOR ST. LOUIS. 


GRAND JURY—See Assistant Circuzt Attorney, 
Circutt Court and Jurtes. 


assistant circuit attorney to attend, 
WET cletctee crete ate Se eee ree ree ee 
to attend divisions in which criminal 
CAUSES Mare m CVICU 2c. cre cecmiceeteeeeeeeenere eee 
to attend in circuit court for criminal 
GASES VN ware eee ee DCC EER 


GRAVOIS (STREET) RAILROAD COM- 
PAN 


HEALTH COMMISSIONER— 


duty of county clerk cast on as to 
practice of medicine and surgery.... 


HOGS—See Anzmais. 
HOLIDAYS— 


doors of city offices closed at noon on 
Saturday S fareeoe ice eh eee eee 
to police officers in active service..... 


HORSE—See Anzmals. 


HOSPITAL SOCIAL EVIL— 


mayor and city council to provide for 

SUDDOLPEO Lae ccantaveicrcas ake aici emonea te ae et ome 
for what purposes established........ 
annual appropriation for.............. 
physician treating prostitute, duty.... 


HOUSE OF INDUSTRY—See Aospital Social 
Evil. 


mayor and city council to provide for 

SUDDOTEROL Pas hia precio ie Heese to tete svete 
maintained. tonrswlat pUuUrpDOSe. yee ee 
anntalea DLO DEI ELON ML Oloe ie tanemers eee nea 
physician treating prostitute, duty.... 


HOUSE OF REFUGE— 


now called St. Louis Industrial School. 
board of managers, number, how ap- 

POIMLGC ye Oe ee ceed bee uem edie ohone eae ore 
MAVORTEX- Off 1ClOn MGIC remerere acne eae eee 
education Of echildrene 1 hier nee 
confinement of youthful offenders in.. 
object of, to provide home and educa- 

CIO Tee eee eh nt re eee ots eee eta tte 
organization of board, term of office.. 
what children may be committed to... 
parent or guardian may send child to, 

WET ors. epeithe bate tes cde hatter irc autchstaite pepe 
mayor may pardon inmate of, when... 
board may surrender inmate of, when 

BIG, LbO WO Tes eee eden tele asians ene eee 
HDOsArds toemMectawilen's -y res eee ieee eee ee 
certain inmates of work-house and 

jJalleatransterned 2 tOs ow Wenn ascent 
commitment without specified term 

Vi LS Swe is eo Perel Nove Cnc ite aroha ine Tamers ee eae rete 
may apprentice inmate until, when... 
pay for children in, from St. Louis 

COTE E Ves Wih Onl ae nate cule’ cae een ieee cant Ronee iene 
board of managers, general powers... 
annual appropriation for support of... 
erection of new buildings, sale of pres- 

ent site may “per provided ators. coe. 
SUpenintendent and) Mateo ne ere eee 
tenure of office, compensation........ 
ODEN sLOMVISITCOLS.© WHEN cescch sea meter one 
NOWaeeCOnGU CLE Bucuscisncle cre ke ent nee eee 
certain inmates to be kept separate.. 
existing board to cease when board or- 

SanizesmunaerstoiS aGtes emer cere ees 
inconsistent acts repealed............ 


ln eae SOCIETY, SPECIAL OFFICER 
FOR— 


appointment and compensation........ 
IMPRISONMENT IN WORK-HOUSE— 
by court of criminal correction, when. 


Page. 


88 
90 
95 


215 
215 


169 


160 
182 


161 
161 


note 


Sec. 


49 
59 
93 


605 
606 


396 


349 
458 


350 
351 
353 
354 


350 
352 
353 
354 


355 
355 
355 
355 


3855 
356 
357 


358 
359 


359 
359 


360 


360 
362 


361 
362 
363 
363 
364 
364 
365 
365 
366 


367 
368 


459 


133 


note 
note 


note 


note p 


note q 


note m 


INDEX TO STATE LAWS FOR ST. LOUIS. 239 


Page. Sec. 
sentence includes hard labor, rules.... 102 134 
payment of fine after commitment.... 102 135 
county may contract with city for use 

of work-house for confining convicts 103 136 

INCORPORATION OF STREET RAIL- 
ROAD COMPANIES— 
PRI POTNOT LL Ol is «vie ie aie wninty avy ale arate oe 218 624 
Howers OL COFPOTAtion eos ca cis cee anes 218 625 
INDEMNIFYING BONDS TO OFFI- 
CERS—See Bonds, tndemnifying. 
INDICTMENT— 
Ci Cera SUSDEGUCOCH tL DOD rec slerereclelsiats sr 88 44 
no, for misdemeanor, when........... 100 120 
INDUSTRY, HOUSE OF—See Aouse of In- 
dustry. 
INFORMATION— 
prosecution on, for misdemeanor, when 100 120 
INSPECTION OF BEER AND GRAIN— 
See Beer and Grain Inspection. 
INSPECTION OF FLOUR— 
See Flour, Inspection of. 
INSPECTION OF PETROLEUM— 
INSPECCLOTS as LlOSMaANGMLEGS . .1a6 cts el anc. 0s 220 631 note 
INSPECTION OF TOBACCO— 
inspection, term of office, qualification 220 632 
HMMCUecme OLse IAS D OC COT cry co eherenecate enn cue tere sire 221 633 
TTL SMELLO TE Chamet-u ices Pe ere ciosel Pe sic attic ec hotove oi 221. 634 
IASDECCOLMLOD KEE DI BDOO Ki calcite cere aces 221 635 
joxeravey lias Chores aeewahhaler 1G) TeMreIOlawr Go ootoS G 221 636 
charges and fees, by whom paid...... 221 637 
ware-houseman to have tobacco in- 

SDOCTCCCM, Pittccls a: clare eke we aee adel ten its ie, @ aro roe 221 638 
OPERA, WORE TEAR) OVO Mah ao .5 eee cer er 221 639 
OathetOs be: 1leds Wheres. mre sore ones he 221 640 
hogsheads weighed and branded, when. 221 641 
MOCse Ota SPEGLIOM ee detid comico © ero cle. 221 642 
ECG aT Ortlieb Wile lit cena teens ate cress. wie ere AAAI k 643 
NoVA pless COM DCs COMGs UD. 5 eee cae 222 644 
tobacco, after inspection, replaced to 

LOM tT MCOMGTCLODMatetet eters ere ecole oicl sae ene 222 645 
PSCC COL Sa COS me aiere ier nt etek orate, oO aberene a cle 222 647 
penalty for unauthorized inspection... 222 648 
scales and hands, by whom furnished. 222 649 
falsely packed tobacco, how marked... 222 650 
deputies, appointment and duties..... 222 651 
who not responsible for loss in weight. 222 652 
sales to be approved by owner........ 222 653 
inspection certificates negotiable...... 222 654 
local inspectors in other towns....... 222 655 
LIM heOta warehouse! LEGS. cc Gamers scleue vs 222 656 

JANITOR OF COURT OF GENERAL 

SESSIONS— 

POVGII LING tee Salary. OUGs mire 2 aie ore sishe 106 139n 
JEOFAILS, STATUTE OF— 

applicable to criminal proceedings.... 161 Lyn 
JUDGE OF CRIMINAL COURT— 

contested election for, how determined 124 240 


JUDGES AND CLERKS OF ELECTION— 
See Election and Registration. 


JUDGE’S FEE—See Crrcurt Court. 


JUDGES OF CIRCUIT COURT—See Circurt 
Court. 


JUDGES OF CIRCUIT COURT, SALARY 
OF—See Circutt Court. 


240 


INDEX TO STATE LAWS FOR ST. LOUIS. 


JUDGE OF PROBATE COURT— 
contested election of, how determined. 


JUDGE OF COURT OF CRIMINAL COR- 
RECTION—See ‘St. Louts Court of Crimt- 
nal Correction. 


JUDGE OF ST. LOUIS COURT OF GEN- 
HRAL SESSIONS— 


provisional to be appointed, when and 
DY BW ROTI oe ore oases eve Pee eT eo 


JUDGES OF SUPREME COURT— 


to appoint commissioners of Tower 
Grove: Park, —-wilhenicnde his mete cheno 


JUDGMENTS— 
PpOWer- Of SPecialeterm /OVeEr eee cel 
of St. Louis criminal court to be en- 
LOLCEA DY CILCHITE COU CE ater te enters 


JUDGMENTS, ABSTRACTS OF—See Cir- 
curt Court. 


Bean wi AND EXECUTIONS, LIEN 


in courtsof, criminal correction...) ee 
JUDGMENT LIENS—See Circuzt Court. 


in St. Louis criminal court enforced b 


CIPCULIES COUT LES GS iattecteeleoeierciectentecomebebenste 
JURISDICTION— 
of circuit court over misdemeanors, 
WISI icy Sinus evaluator statene tebe ucke dere ions ects tare omens tems 
ADDELLATEH erate mate chee lets el oie te beeets teen eres 
JURISDICTION OF FELONIES— 
iN COUrtT LOLS eNeralesessions: sme e 


JURISDICTION OF SD IJUSTICH COURT— 
See Justice of the Peace. 


JURISDICTION OF MISDEMEANORS— 
in “court of, criminalscorrection.....e 


JURIEKS— 

commissioner, how appointed......... 
CUAITT CAtlONS cc ter cremevcis tere hater sacs sore eemoieutaree 
appointment, how made and entered 

OL VPEGCOLGs hoc here actaeate eee tein te Heke etal ele 
tenure LOfs Commissioners ah ie eae 
oath, salary and deputies of commis- 

SIOTOI + tea cha CAR AG Miacedenestote ote eran koponene 


Day Of deputies. emcee esas enka Rees 
duties TOL commissioner. cee eee eek 
WhHOeaAre CualiiedmyUrors es. creme ee 
Whos exempt“ from sjyUry. GUtY oecien cents 
questions to be answered under oath.. 
JULVeLIStTS) OO Wil C6 Ul Dineen tet tenet eee ee 
notice: how givens to exempts. ss. 
Exempclons how) NO COG ssi sei eee 
courts to pass upon exemptions....... 
names, how copied and drawn........ 
JULOLS HO Wa GLa will sts oie ele ene eee 
VULOLS NO War SUMIMNONEC see-ccenenci et neetetone 
ADSEM eT ULO TI. rocticctene drake teem cheat cnet epee 
EXCUSES eHOW “cea l tio wil Clans lerceon encore 
time and length of service of juror... 
bribery of commissioner—punishment. 
commissioner accepting bribe—punish- 

THON Coe ee ites: oral eteicc cnet tvs cadets ta, Seaclaa es cpt abet ae 
sheriff or marshal violating law, pun- 

TS NINH Cetera ein ce aie ee Mauer tiest chica ete ncee es 
COMPCNSATIONLOULULOTSicistmiek eee ian ean 
exceptions to jurors, when to be taken 
TeEporte OfeCOMMSS1OMG lean ee eaiee rene 
to contain what, and when to be made. 
present commissioner to hold office till 

WHET tere ha herons d tye'e supe eue ese ee eee 


Page. 


124 


103 


172 


92 
94 


101 


95 


106 


99 


106 
106 


106 
106 


107 
107 
108 
108 
108 
108 
109 
109 
109 
109 
110 
110 
110 
Pit 
ibaba 
pat 
111 


ad 


112 
112 
112 
112 
112 


113 
113 


140, 


1438, 144, 


Sec. 


240 


139¢c 


421 


74 
89 


126 


91 


139 


note s 
note § 


note j 


note k 


INDEX TO STATE LAWS FOR ST. LOUIS. 241 


Page. Sec. 
Special rrury, WO We OFGSred . ws 1... 6s sens Lis 168 note 
juror to serve only once a year........ Lis 169 
Praviaviury, NOW selected. nic Ook Ok os ila less 170 
HULME UO, IO) OLAV Ee. detclc sy wove whe a sis wate 113 171 
IeUMtereV Grote LOU CLODIK cis fiac adores cles 113 172 
JURORS—See Circutt Court, Juries and Jury 
Commtsstoner. 
HOWaLULMisned: Ine cinclit. GOUrt. ... sc. 83 cell 
Ponts oOR COMRT OF “CRIMINAL 
CORRECTION— 
jury commissioner to furnish, when.. 101 124 
JURY COMMISSION ER— 
LOMLUrNISOsJUrOrSs Lom circuit court... . 93 Fey 
to furnish jurors for court of criminal 
COBLOCCIGM yA WilO lee tic. cs chee aceahelttane pmiaiel 101 124 
COVEN) DO TINVE CLIN a arto ae othe bees oe ial egy 106 140 
CAAT SUNU COUT ORES Mem Unites ot he Siege eet e alah L0s ota h 106 140, 141 
appointment, how made and entered of 
LeCEROCE ROBIE hs Set al Oe Ae REC mG soar eae 106 142 
EGHAIMEMO Te OLIGO s Ae tus ie: shay ebina? cone Seodbhaie othe 106 142 
ACIS Ae Ly, «ald. CepuUties’s .on asa ee es 107 1438, 144, 145 
AWE IIRL CS OU CIOS peta hava one ek oon te / 107 146 
CURL OC SME Olay Maciek ore oleh cle Paper teal ceaguah otha! a 108 147 
to give certificate of refusal to ex- 
SOHO E, Area Muh el article ieee PRM esr To 109 aNyB! 
rome NYA “J arey ah akero Berar ig aUss aby dpeha Rang A re eee! ifaral 159 
DEiienven Ota DUMISTIVEG IT 5. 2 tia sie ei eked algal 160 
Aocepcune  wripes punishment... o)s. 225 a Lat fal 161 
SO SY OO WS ROW oy, VG) ae Rak aks BN RATS Font 5 Ne gee a AZ, 165 
to contain what, and when to be made. Lal 165 
present, to hold office till when...... 1d hes: 166 
JUSTICE OF THE PHRACE—See Anzmals. 
duty of when animals arrested........ 79 4 
LOMOLCCE SaALe VOL animal’ Wiens «. se eas 80 5 
LeecerOtelm CGrsecort StLay Sac hoc eco ei: 81 9 
BD Uea lel ee CELUI Ae CASES elers cic eueleie witless 99 Uals 
one to be elected in each district..... 114 173 note m 
PANTO PERO Lis CUS UI GUS sicreises ccuieret ote ett lee Coens 114 174 
office kept where vacancy, how filled. 114 175 note n 
PisterGts NOW CStADIISHEd te motte wae eh 114 176 note o 
report of judges—judicial notice of 
loves b Wey Mapa tots omiae aes Tak Ra ie Tse Rye a ey ae 114 AN OE 
additional justices courts provided for 114 178 
governor to appoint additional, when. a be Us 179 
laws applicable to townships apply to 
CUPS HAE COME WL CIM rene arte corciel ne hanes dolgienens ke 1s 180 
POMS ULE tOt OLLIGE ye sia steerer. Sle cise tet ala Us 181 
Wa Gane vaucn©O Wen llLllGd; Boric alanvel se aelevsrerens iste tel 182 note p 
EOC Vee COMPO CULEL Vounala trey rar eiaieck reais tere shan ales A ua ais 183 
MM EiSieuloil——a MOUNT ENOL aia cele tetris 6s Labs 184 
eaLAe hCG isl Lah ENT TUS. Oil cmrmucte et vel sears ateteheh tno cael s 115 185 
in replevin, mechaniec’s lien, landlord 
SINCE TAIT ty LLC atonal. taper ene ss sat tece © Oh nackte a Oa 53 186 
Tesco s=——Sa Lat ye Ofl. to oie cs dole alates elles 116 187 note q 
justice to appoint clerk—salary....... 116 188 
appointment to be in writing......... 116 189 
Belo wa LO ty CLOT Ky statins ccie oie wht Sees staiees, Se 116 189 
LC LO BPEL V GU OILG wcrc oc oid clo cose tetetel atetes 116 190 
clerk to receive fees, disposition of... 116 191 note r 
Ceriwtoe Keep, Account POOKS!. . vase. 116 192 notes 
failing to account, penalty, procedure. 116 194 
city may sue on official bond of clerk. - atu lire 195 , 
offices for, and for clerk and constable 
OM XOeMIT OV 1G Wietia crs ce aie e iebhionp i Wore 200 note u 
city register to perform duties of 
clerk—mayor those of county court, 
SCO UIT CASES -OLeULOs six sap ce stein eden 117 A020 DOC Vy. 
qualifications of jurors in justices 
CULES aM fats Poet sles ne ate: ako aie cab areata: duakx Matos atty DT 203 
clerk to record names of jurors....... aay 204 
JUVENILE COURT— 
jurisdiction in compulsory education 
TADHSEETSY (20° ae UCIT OY ee Ie Pr eee 201 534j 
application of act—construction of 
TRSN Maar ty. et ays (ANNE apn ING Nea aie MEP 118 205 
SRIMCAGEIOTE OC COUTTS 5 ws cc's aisle aces ee 118 206 note w 
court room, judge, practice and pro- 
ERCLORY WATE) oA tates UN Ba Re a ae he op 118 207 note x 


who may file petition—affidavit....... ill 
summons, hearing, disposition of child 118 
Drobation officer—duty . Sob. view tes oe us 118 210 
Seem eC TLE © ety th a opie) sc 'ailei vs pace edocs 9 lo 118 


242 INDEX TO STATE LAWS FOR ST. LOUIS. 


Page. Sec. 
children arrested taken before........ ila Bessy © 212 note y 
DUNnISHMEeENt GISCrEetlION any ewer 118 213 
child under 16 not to be committed to 

BE lias isa pry wha er ha IRN MERI Rees <r ays GA: 118 214 
delinquent child not to be confined 

WithmaGg ite COMVIGCCS -eieiretten ene rae 118 214 
probationary officer may appoint depu- 

PLOS eRe cee terare ict cyanea netee tench one Enea otore 120 21D 
circuit, prosecuting, and city attorney 

LOPALAe probationary eOllL1cGe ree eee 120 215 
salary of probation officer and depu- 

TLOSP Ae eri tatole ete acne tele ke tetel see Tr ki Ce eee 120 216 
power of, in final disposition of child.. 120 217 
child a ward—subject to order of court 120 218 
associations when awarded custody— 

report—removallimeeae eee eee 120 219 
religious affiliations respected......... 120 220 
appeals when maybe stakene. ae cn oe 121 221 
act not to affect certain institutions.. 121 222 
compulsion of parent to support child. alga 223 
act of 1901 relating to juvenile delin- 

dwentsEtrepealed weer oe Ce ene a 224 


LAND COURT OF ST. LOUIS— 


jurisdiction of transferred to circuit 
COLO 8 I 6h hy AE CLR IE ADA hes ses oi (5 Gace Sacre a emaetata hice oe eG A 90 61 


LANDLORD AND TENANT— 
jurisdiction of justice court in cases of 115 186 


LAW COMMISSIONER’S COURT OF ST. 
LOUIS COUNTY— 


jurisdiction of transferred to circuit 
COULCIR WR etelote ote recta ic ivie ie see eteee es ermine 90 61 


LAWS, CONSTRUCTION OF— 


county treasury applies to city treas- 


UIP OR. ies edema oLetieete ie eer 165 369 
municipal assembly same as county 

GOUT EW insts eicreke)s Lebecew ere eitaetoe cts ke eee ee 165 370 
county officers include city officers.... 165 Stee 
duties of county clerk apply to city 

TEE TSTCTIA a Borevss he tha wetede toned cee iel ee eee 165 372 note r 
rules sOrsvconstruiney statutes vel. siere ee 165 373 note s 
word county to include city of St. 

LOWS So bie eens Ce Rete cholic eeate ee ee 165 373 note s 

LEGAL ADVERTISEMENTS— 

CONTTrACT PLOT Fe OC ee ite ee 78,79 1-3 


LEV Y—See Bonds, Indemnifying. 


Oficersnoty liablestorawhenwe eee eae 84 16 
Mablete whens ik eee keane re eter eemee 84 ile 
NOCAPLOTCECLEC emwhenc ei herecteie tere renee 84 20 


LIBRARIES, FREE PUBLIC— 


mayor to appoint board of directors... 165 374 
number, politics disqualification....... 165 374 
eH eael Mane KConnmKersd NmenoolonieH hs a5 BS ait awn c 166 375 
Vacanciess compensation eee 166 376 
duties and powers of board, appoint- 

MENT OLS O1LI COhSiee ew eaiecste pee 166 Onn. 
board to report annually to mayor, re- 

DOLTELOLCONtaine wate erieein eee 166 378 
ordinances: imposing penalties......... 166 379 

LICENSE— 

Strestecar conipanies tO -pay... ieee 214 598 


LICENSE COLLECTOR— 


Officer ereated inesi ce eee Eee 167 382 note 
election, term of office, oath, bond, va- 

CAL CY Aertel s siatclesatene ted e heshet ee eae ee 167 383 
POWersmand BOULLeSMOl wae eee 167 384, 385 
eity collector or commissioner to turn 

OVELEDOOKSELOL cre oo tehsie cna sae ee 167 385 
furthersdutiessoLs.cc eee ee eee 167 385 
nowelicensesrobtaimedma i en eee 167 386 
to keep separate records of each kind 

ofslicensSésPissucdsrcn nie eee 167 387 
records open to public inspection..... 167 387 


powers and duties of city collector or 
commissioner transferred to......... 168 388 


INDEX TO STATE LAWS FOR 


words “license” and “license tax” in- 
UL TICUCMEVV ALLEL Lk GPR Ne OUR Siar ov oeie ww eutue die area e 
salary, to appoint deputies, clerks and 
TITRE COPS Tamed stele fk koccshe us wala nle wi ole: pha ene 
salary of deputies, clerks, inspectors.. 
Minna ve LOMINISLOry OAS. se. ae pele 
responsible for official acts of em- 
TIN Vii wee tat atet si arras 476 crete ra are Shen seats ees 
to make weekly payments to city 
CEO SUL CL here tee chet er an eee Sus eres Gsteeets: ©. 2% 
duty of treasurer, duplicate receipts.. 
mayor to appoint, to hold until elec- 
CLG) TMi eae tia) Nattiaks aper ener vuctode Sv avels, cletore tre ete ays 


LIEN OF JUDGMENTS AND EXECU- 
TION— 


iMecOurt,OLe Chiming) correction... .... .- 


LIENS 


mechanie’s, material men’s, builder’s, 
etc., to be filed in office of circuit 
COLGT Kat Vetere ae Wel Ri oa ces soci etcre ats, levies 
of judgments in St. Louis criminal 
court to be enforced by circuit court 


LIENS FOR KEEPING ANIMALS— 


jurisdiction of justice courts as to.... 


LIQUORS—See Dvramshop. 


SlLVeeLeCIStCeMS CU ELOS see tet iacls ves whe lever o'er ooo e 


LIEUTENANT GOVERNOR— 


ClLeClTECANEVEEY:  TOUPe VALS « cha ake wrens letates 


LOANS, APPLYING FOR— 
Wotiihe Cami Cl CCOnmallLortorll tye wore cronis aes 
MANDAMUS— 


review of action of nominating conven- 
PEL OINS me DY peste acetate Neate re tat pee hate: tes ucs eos 


MANUFACTURERS AND MERCHANTS— 
ipale os H Koa Aaais Peluniee tees te Arua Cari Macaw ee re Mase iC ate 
MARKETS, PUBLIC— 


to be established for farm products... 
business regulated by ordinance...... 
privileges of, extended only to _ pro- 

LINGO TSE a ickel ot cotlisier che har tet ere a seme nene one ar ars 
not to sell market places now owned 

or hereafter acquired, unless, etc... 
lands may be condemned for, when.... 


MARSH AL—See Animals—Bonds, Indemnitying. 


LOM ATs ta an lInalLsn EWG savecaces Ay ares ec 
Reco te 1th tCase ObUIStEaAVS. saat siete dee 
failing to do duty as to strays, penalty 
acs ranal: Loa tere patel Cobicg Skye koa eer rs Oc Oeee 
making levy may demand bond, when 
NOteliable tor leviyaow Nes ocr acle ete se 
Pict ey LC TION ce. Ghoti tcl, ene, tad al Poms aL cbs dars 
ROLE COLECTEG! WIENS \51ce ciciets ccs se eteliona le 
suit against, court may require bond, 

ORD eS Tey Md ceeed a dh ie ee oN en chee alten Shei tee ue 6 
fee bills out of court of criminal cor- 

TOL LOM eee et crevcrcliec eth a st clicle os eele lenses 
to attend court of criminal correction. 
violating jury’s act, punishment....... 


MAYOR—See Art Museum. 


to appoint board of control of art mu- 
SVCWNGa) ce) 0 ped TRI ema o te UNL Re ar ee PeM eh ros & 
may remove member, when and how.. 
with consent of municipal assembly re- 
move member of art museum board. 
ton approve. cOnstaple Ss DONG. 1... won 
to perform duties of county court ex- 
SAI EM TIE CASOS Ol. LLG s scbeck cuslare tele alana 
may make suggestions to governor 
concerning election and registration. 


ST. LOUIS. 


Page. 
168 
168 
168 
168 
168 


168 
168 


168 


101 


93 
94 


115 


168 


149 


190 


126 


78 
89 


186 


393 


226b 


318 


495 


lic 
11d 


lld 
196 note t 


202 = nore: V 


247 


243 


244 INDEX TO STATE LAWS FOR ST. LOUIS. 


M4 Page. Sec. 
ex-officio member board of managers 

GEAHOUSEHOLRLEL USES. let ccatstede pie wedelt ke anue 162 ood 
may pardon inmates of house of ref- 

TEE ON TO Tae sh clcimie ahaa ts Aaa ettetaR leita lean enue 163 359 
to sign writ for recapture of fugitive 

TrOMEHOUSECLOLIMELUG ER os ecuets ee eieraste 163 361 
to appoint board directors free public 

LIDRATLSS Ie Suns ekecedaie ve abe wefhe wr lata Rei Relee es rle 166 So 
with consent of council, to establish 

DULLIGMIMATKEUS tere sense st iam siete nse 169 394 
ANGMPELUTALEONSATICH Wares auvmelemerstehate teenies 169 SUID 
with comptroller and treasurer, to se- 

lect bank for deposit of public money 169 397 


to appoint expert accountant to exam- 

ine books, ete., of officers of public 

SCHOOLS ee eee ie eeeaal ve OR iin tes bite lebiel suas tegliiye 196 Sit kts 
powers and duties as to inquests...... 208 567 


MECHANIC’S LIENS—See Crrcuzt Court. 


to be filed in office of Circuit Clerk.. 93 78 
jurisdiction of justice court as)\to....: eS 186 


MEDICINE AND SURGERY— 


duty of county clerk cast on health 


GOMMIMISSIO MEN Aare ee eet oe kobe Geechee nee te 169 396 
MERCHANTS AND MANUFACTURERS— 
LAXACIOTUAO Lovee ee Ok eee oe eee eke a eueleetetee 190 495 
MISDEMEANOR— 
prosecuted on information, when...... 100 120 
under primary, ‘election Jaw. (2:00 vue 149 320 : 
MISSOURI STREET RAILROAD COM- } 
PAN Y— 
AULCNORIZEO MLO mL Viibie Glct, sue asec eee res Bil eae 608 
like provisions as to same railroad... 215 609 


MONEY, PUBLIC— 


who to select bank for deposit of— 


DONG=—AMO UD Wagan wien cbebaie ee heen ae 169 397 note 
not more than $1,000,000 to be in one 

| oyz By oll ees parse MUP Rane, AC Brrr) Renae Means is Py hers nents 169 397 

MORGU E— 

city and county of St. Louis jointly 

may establish and maintain......... 170 > GRY piakonstey 3h) 
coroner to view every dead body 

DEOULTERLUO Uies cyene inl veenene eeeke olees eee 170 399 note u 
and if necessary hold inquest thereon. 170 399 note u 


MULE—See Anzmals. 
MUNICIPAL ASSEMBLY—See Art Museum. 


to approve appointment art museum 


DOB IAAT Bie Gel acer ce tens pena ite De an 82 ue 
what ordinances city may enact as to 

BTU IN USSU Te pee Aca ieee ee 83 1ih 
to provide rooms for courts and cer- 

Cain OLLIGET Sayer ne ee 99 paises 
shall provide rooms for court of crim- 

inal correction and officers.......... 99 Hs 
for court of general sessions and of- 

EI COT Sle Rica RA Ch ae eC Tere oe ee abe 105 139s 
to provide offices for justice court and 

OTE COTS Wei nuntnn is CO Sane anaes ete An BAY aera aT 200 


MUSEUM, ART—See Art Museum. 
NOMINATING CONVENTIONS— 


et Ses i i ae, 


MOUEr OL CO LINE os Cece ie a Rear ee 143 307 note j 
NOTICE— 

forvlesalvadvertisements an see 78, 79 1-3 

in case of animals running at large... 79, 80, 81 Aes * 
OFFICE— 


forfeiture of, for violation of law..... 87 42 y 


OFFICER—See Various Officers. 
not) able giorwilevyse wien re vae 84 16 


INDEX TO STATE LAWS FOR ST. LOUIS. 


Pet ASLee REL CIN Metco anak a a tyiy ve chev nes dehy fae varalibitey ‘ca 
OLY DLO LECTOG MM WULOlle ec atude sh agieteale sadlotens 
suit against, court may require bond, 

sgh CCop als 4. Aeiee te seo CRE nS ee TAN i eas ad ae Se ees 


OFFICERS, INDEMNIF YING BONDS TO— 
See Bonds, Indemnifying. 


OFFICERS, STATE, ELECTION OF— 
See Election and Registration. 


PARENT OF NEGLECTED CHILD— 
COMPULSION TOs COM SID DOL Gas e caceiwrs oe bus 
PARKS— 
ROWE GOMSELUU CEC We 5 5c eyevateceta tie eis At oltre 


members not to be paid for services.. 
to receive $100 per annum for per- 


SOUS EX PERSES UR eis wslaleters eusaloiene es 
CITOT UMP erotics sherk Dl dabe arene) ae aide eas 
GUELESTOLAthHOn DOARG sre alee cer eeatke Blade 
ordinances, ete., concerning to be pub- 

VISTO CY cia cancetae stain hehe oteyer aie wlohe epee alalehe e 
penalty for violating ordinances...... 
penalty against commissioner......... 
“park bonds: may. bemissueds...0.c0 
DONGS ING Win SOLGQ arses welctecar es then eta aes 
moneys, where deposited.............. 
MONEYS LOWED DLC Gee srs rete oie ene e 
taxes levied to keep up and improve 

ELLOM DAs eee ei getareh a caste Ci etarenet ek siote 
avenues to be opened and widened.... 
PLOCcSeGINeS SaLOErELOR Gs hols cevsic cht theists 


AVETLUCS ACO SDE. IIMPLrOVEGd): sere oc che cloteierae 
debts incurred only by authority of 


DOPE tee eparer aces Nee i Shsae rein els hate ck ahs 
board can hold gifts, devises and be- 
ALUGME BS are) cache ocean eis talia: oceetetanereicte arelelenetens 
SUBNIRW | Cte PLOUIDILCds 0. cea ale cleats 
stook not to run at large within cer- 
(oehik dh Mab nau Gain aghes Sun eh etey Sink eM pe r ENS AEM alee Suan 
office of commissioner vacant when... 
ACAISATT GY Pell O Wart LG Crreierets ete naner stare to lena mien 
board to report to city council........ 


land exempt) fron taxation. 20.045). % 
additional bonds may be issued....... 
LOW Nae Ole GRO Smt OTA K ter. ieee one tore! muse neh etnets 


Slaughter houses, etc., prohibited, 
SMOKELESS CR Seis Rtn ic ok Bae. Can, Chee ARR ES arte E bs 
BIO MeCOrlaAIn LAGCLOTIGSi. cs aleie aero aiens cies te 


penalties for violating this section.... 


PENSION FOR SCHOOL TEACHERS 
AND EMPLOYES— 


board may create, amount, etc......... 
Dard OL trustees vereateady. eke ete oes 
teaehers and employes may be retired, 

VU LL CTIEONER EY Smo pens (anetee arnt ah eh ome) Samer ma te Le 
annnityot retired. teachers... es. 
trustees to manage and control fund. 
when declared ‘annuitantsS ..a... a. ci« © 
annuitants to pay 20 per cent of sal- 

CT echgiec, Oita: emery Ghia se PEPE Saket > ABA Ire 
duties of secretaries of boards with 

reference to pension fund........... 
acts of trustees, how passed upon.... 


PENSIONS, FIREMEN’S 
Pensions. 


See Frremen's 


PENSIONS OF POLICEMEN— 


vacancies, how filled—rules and regu- 
PED CUO RM Ps ME Hole ATs hotel aha ihavaltc le Gasset atin. 
compensation in case of disability.... 
tou ramily Jin .case of déath.2. 24.255 
may retire after 20 years’ service— 
Ton anGaxeh alc @ Cop cl amy ews Rene Keene Wie aL aw a 


PETROLEUM, INSPECTION OF—See 
Inspection of Petrolaum. 


121 


170 
170 
170 
170 


170 
171 
Ny pe! 


171 
Way | 
171 
Lit 
171 
171 
DUE 


172 
172 
172 
172 


172 


172 
172 


172 
172 
172 
173 
173 
173 
173 


173 
173 
173 


198 
198 


198 
198 
198 
198 


198 


199 
Loo 


181 
181 
182 


182 


Sec. 
1 
20 


23 


223 


400 
401 
402 
402 


402 
403 
404 


405 
406 


456 


note 


note | 


bo 
ou 


246) INDEX TO STATE LAWS FOR 


PHARMACY, PRACTICE OF— 


to procure certificate to compound 

MECIGINEG Bee ee cl areucse oe Nie recetele ne iets 
board of pharmacy created— its duties. 
number, oath, term of office, etc...... 
GULICS LO PESCCTETATY ic ietene sts tcarishe sited cuenotete 
LORWROMIEACE COGS sNOLVaD Dy eto 
who may compound medicines........ 
TSespoONnsipllitywoty DharmaciStsa ate is 
penalty forsviolatin= this Jaws... 
for fraudulent attempt to procure reg- 

TSTNACION Boe ee ie ew hcke ee are eae ete atte oer ee alte 


PLEADINGS AND PRACTICE— 


in court of criminal correction........ 
SENECTALBSCSSIONS © vy wilcinotelieae orunc teenie ciel ieflete 


PLEADINGS IN COURT OF CRIMINAL 
CORRECTION— 


no written required of defendant...... 


POLICE— 


duty of to prevent business of dram- 

shop keeper without license........ 
ACTSETEPEAl eee rib tere teere alee! oho ont ane Ee 
ordinances to be passed to _ protect 

DErsonseand WWLrODEeL LY eer eile eiswerate 
board of police commissioners created 
term of office, qualifications, oath, etc. 
governor to appoint commissioners.... 
CULLESTOEMCOMIMISSION CHS tae ereiecie te 
to appoint police force, number, term, 

OTE CAM race Mena a be pon omy laWehie ts hatte nate tobe comes eree rene 
officers of police, rank, number, bond, 

UCHR eae bac re Rote erie ieterecerene Proyeaste ree eke ve 
Compensation. Ol) 2pOlLIiCee aee-reee mee nee 
vacancies, how filled—vnromotions—re- 

MeET——rules HOC CH Sf oietecbe ecsusis ee beet eehe ts se 
police officers to receive no gratuity.. 
boards to have office furniture, etc... 
police districts, station houses, clerks, 

OUC Moet Recs eerie nets sree ee ie eiome 
sheriff to aid in keeping peace....... 
board to make estimate of money 

TLE SG COM rs Pie alates a teiaeb hee Lace eone tecetohenemene 
penalty for interference with enforce- 

INECN CEO HATH IS a CU seep. eialcese oer one nena ee 
parties arrested, disposal of—sureties, 

CUCM cite eae Oe ORE L eT ahaha eile te eet anette teteae 
Bertillon system department created.. 
board to keep journal of proceedings. 
MOUNTCAMNOLCE em Ai eteclels chews heehee 
proceedings to suppress gambling.... 
DOWER Officers to) break doors)..2cee 
gambling devices, etc., to be destroyed 
proceedings where property has been 

STOLEN Wey red eacee cet nie eteie caps te Renee 
Warrants, howsardifecuedren tet eeeteee 
no fees allowed (iil eae eto ee eae 
police, arevoiicers oLestatesee ori ten 
board to license private watchmen.... 
vacancies, how filled—rules and regu- 

La CLOMS IR es chee eee eee enone ra eacuer: 
compensation in case of disability.... 

LOvLamLy sin Case soled ea tilt eerste 
may retire after 20 years’ service— 

COMpen sation. Mey aoe ee ee lee naan 
holidays to officers in active service.. 
special officer of Humane Society—ap- 
pointment and *compensation™......1.). + ar 


POLICE COURT—APPEALS FROM— 


to be taken to court of criminal cor- 
ME CTIOTIAL sh. ahs ats ois teke tal seen ero tee ae 


POLICEMEN, PENSIONS OF—See Pen- 
stons of Policemen. 


POLICE OFFICERS— 


to notify probation officer of arrest of 
CHULA CTS ae seen 9 en ee a 


POSTING— 


OL FStrayzaNlMals eaters ena eon aneae 


ST. LOUIS. 


Page. 


100 


103 


120 


79 


bak 


137 


215 


note b 


INDEX TO STATE LAWS FOR ST. LOUIS. 247 


Page. Sec. 
PRACTICE OF PHARMACY—See Pharmacy, 
practice of. 
PRELIMINARY EXAMINATIONS— 
by judge of court of general sessions.. 104 139d 
PRESIDENT BOARD POLICE COMMIS- 

SIONERS— 
to be notified of issuance of dramshop 

AT OGTIB Gm rey deter el berets ie) cia ed iore: © ai eisiec s/o; ere 123 233 

PRIMARY ELECTIONS— 
short title and application of act..... 140 296 
definition and construction of act..... 140 297 
primary registration books to be pre- 

TEU OMEN erect eats. os: are hoor Sasha ed w uvesenecars 141 298 
form of registration SNES tte Gtecs 141 299 
elector to sign registration books..... 142 300 
Tecistraclouese pro vViaedacLOle. «lameness - 142 301 
registration suspended, when.......... 142 302 
commissioners to attest registration 

EEO CRISS ere ts ett srrehine to state tale rey cha sherer ate: ®. are 142 303 
books to be delivered to judges, when. 142 304 
UMGiMIGlal primary a NOW. eld a osithers cle 142 305 
wards divided into primary election 

CISETICUS ume cect ledete tec ais etel & roltic erehaten’ ter 142 306 
duties of political committees—of 

COMMIUESSIONOTSe cb Seemeeche s. shele oe ier onan tency 143 307 
forbidden to hold primaries, where.... 1438 308 
delegations filed, when, expenses paid 

NG. WWE ee real crete a en cute ots taies avateeeet nie eisteea ene 143 309 
placing of delegates’ names on ballot.. 144 309 
nominating candidates by primary.... 144 310 
commissioners do not act in official ca- 

DUC Uh yew DEC ee ere to raat oder eneteratar eterna. els 145 310 note l 
DANOLS SHOW MDLEDALCG. cit -stabae occu s sucks « 145 ay tal 
registration books open to Me AK AAU 145 S12 
opening of polls, voting, etce., subd. 1. Pua: aja les: 
election, how conducted, subd. Dis Mar ae 146 Sus: 
watchers may be appointed, SU) Cam orens ra 147 Aly: 
CAMVasse Ofs VOLES, (SUDO. lich arctan oa ova.a eats 147 ' 314 
judges to announce result, subd. 2..... 147 314 
candidate may demand written state- 

NICHE OL LESU ta SU Oded preter sr ed eisUsle tes 147 314 
commissioners to declare result, subd. 4 148 314 
judges and clerks to sign returns..... 148 eo) 
committees, regulations, rules of 

DALELE Sats DCs tle pectoris elo cine ooeicke Seared te > 148 316 
to be consistent with law, subd. 2...... 148 316 
COMVeMLIONS: SHOW, GCONGUGLEdS.). 2... sis - 148 ot 
review of action of conventions by 

COPULE CME GMI octet tree kev ce tole alone atta ial ovece inn 149 318 
OVLOnaletO) CeLLaine partuless ase. etse ero 149 319 
crimes and punishments under this law 149 320 

PRIMARY ELECTION LAW OF 1907— 
SUL UCat OMe Ol sla Waar ctacd at orer ales atorare tel ate 151 i 
election held, when and where......... Absa 2 
notice of biennial August primary, how 

OUT Mae een cut obed ak Pag see eee otails, 6 Policereohe 151 5 
MUDCAT TONMOLeNOtICC ts fae ere tien ole aliayal 4 
no name of candidate to go on ballot 

UMLES Sor CUCM epee chit chepete sabe ei entdr a rehebens quays 5 
form of nomination paper to be filed.. 152 5 
deciaration. for county Office... ... 0. ihsy. 5, 
nomination papers to have form on ex- 

cept, CL CAT cideterc tote hes thane tees oto Sie 152 6 
to sign but one paper for same office. 152 Hh 
regulations as to signing nomination 

DADE Ore celts eRe cots dha a att ol arora as lesetane 152 8 
HOWROADOLS Shale beesiSnede. <1. cto ctercrer 152 9 
basis of percentage in each case...... 152 10 
MOWs Dave ls) COnDe TILOG oa beets ois acretecst eters 153 rial 
secretary of state to give notice of 

names of candidates for whom papers 

FLCC R te Pesce oka ce ¢ cccke uke aoe ate 153 Vl 
MerkatoaDuplish Such notice ....4- se 153 ils" 
Teme DADeLs DUDLIEHOG © 2's circ aie wl 153 14 
Clea sO? LODO PEIN. = i. eh cee oie 154 15 
printing sample ballots 20 days before 

ISG OPED be TOW a aR ESN ae) LACE heen, Pane HicrA ceca 153 16 
coe CERO ME LOU eT) Oil Gin epsiete sis uatvetecets ci ets: onode 153 ake 
TeSulscionuspag tO tickets. Used .....% «nl. > 153 18 
vacancies occurring after primary, how 

etl Pel a Med time, aor ove ere etaiete alec ete ts 154 19 
ATL CHMEIT TED Se UO LG ot he Ah cee fare Wye doers tare eee oe 154 20 
CUB MeCNRErS LOOP DATTIOS 4 sis aw ask we nes 154 21 


eanvass OL votes; how Made... ..5..06% 154 22 


248 


INDEX TO STATE LAWS FOR ST. LOUIS. 


TECUTIVS LO Wi BC ircensieherads ye cthelictiel aieralauens 
county canvass of returns, how made.. 
person receiving greatest number of 
VOUCESELO) DELCATICIGACE >. co eheteiats clanelsueten 
secretary of state to publish result of 
FOMGTR OES HEN AT te Pace pee etr eg Mak Miaieh ts Iii Eyentyed tos ik, 
to certify names of candidates to coun- 
Tyclerks Siw NSN wi. wiaietsce cna ecestem a ts sere aes 
election of ward committeeman, at.... 
INMCASEH OLTLTICH VOTES Mone olor csoncieeet ciate stoiatene 
secretary of state to prepare forms 
WVLVETT a sletee sisters iothy ahd nete veluas cieehedle te ne cerate velo aimed ie 
DriberyinrO Ln ViOCET a accisesscncte eek sie ele iets 
judges and clerks, how provided....... 
consistent election laws apply......... 
duty of county clerk devolve on election 
GOMMIESSIONSES WIN Loto eLiOUis nee eet 
nominations of presidential electors 
and delegates to national conven- 
TION Sy AGES Ae aisle dae te we disuecenepereitantatotieiehore teks 


PRIMARY ELECTION FOR U. S. SENATOR— 


mays. bewneldwrwhenle te patecscepelcncpely een ye 
candidate to file application, when..... 
secretary of state to certify list of 

NAMES, COMnCO UNDA GLED Ky ge aceite eae eee 
county clerk to put names on ballot... 
vote, how counted and certified........ 
person receiving largest number of 

votes to be declared caucus nominee. 


PROBATE COURT— 


of St. Louis governed by general law.. 
sheriff tojexécute processvoten.. usar 
ALLEN A SON ahs totereretane sie tekere the tede, obeerishene 


PROBATE COURT, JUDGE OF— 
contested election for, how determined 


PROBATION OFFICER— 
See Juventle Court. 


TOTISUMENTWESCOULT seis) raison titres 
DOW. ELS OL WAGED UUVsre one cedar sn chenete eee 


PROPERTY OFFERING FOR SALE— 
WithOUL SW CILTen authori tye eemieuaseene ns 
PROPERTY, SPECIFIC— 
bondiun derhclalmelLor neste ietayants ieee 


PROSECUTING ATTORNEY— 


election, term, qualifications, duties.. 
COMPEN'SAUTLONF sare onesie eke Te eels eee Ae 
FOVErNOLILO PS COMMISSION ee ieee cae eee 
VaCan Cy Owol LeOCiie wee cn mice oe eiene eee eee 
when to appear in St. Louis court of ap- 

DEAT ST iion eye nyace whe put ial iameal erste ae ee wets 
COMPeNnsSatLlon theErerlore ee vie chee fete 
to devote entire: time: tovduties 3. 
employment by others forbidden, when 
fees other than salary forbidden...... 
violation of law forfeits office......... 
penaltyctorsamey Driberyesuncdeeie cto ae 
deemed guilty of bribery, when....... 
may be suspended upon indictment.... 
governor may. appoint successor....... 
restoration to office, prosecution of in- 

ALG@UDE CT Grey ite arenes toned Cremer Crete citer Neareneens 


SAIALPV SOLS teak ear eer ER Me eae 
duties of in court criminal correction. 
to aid probation officer of juvenile 

GO TUE inet cevistosteic Gis) ayia enc eee he sate tees eee 
to prosecute suits for delinquent taxes 


PROSECUTOR— 
lia blettOrgCosts mw Grimuie rice ates 


PROVISIONAL JUDGE— 


of St. Louis court of criminal correction 
OfveencralySessiOnS cn minchicte oc cheisbertuiee aie 


PUBLIC LIBRARIES, FREH— 
See Libraries, free Public. 


Page. 


154 
154 


154 
154 
154 
154 
155 
154 
155 
155 
155 


155 


156 


156 
156 


156 
156 
156 


156 


97 
206 
207 


124 


118 
120 


12) 


102 


97 
103 


note 


a OR CO Lo 


252 note h 
253 


240 


210 
215 


226a note Zz 


24 


131 


105 
139¢c 


INDEX TO STATE LAWS FOR ST. LOUIS. 


Page. 
PUBLIC MARKETS— 


See Markets, Public. 
PUBLIC MONEY— 
See Money, Public. 
PUBLIC SCHOOL FUND— 
proceeds of sale of strays to go to.... 81 


PUBLIC SCHOOLS— 
education of inmates of certain institu- 


CLO TIS Olt rts ee elev eedie ©. Pyare eta be et otale te als 190 
city a school district and body corpo- 

TEL COM Ce eas) ate aareteen such eicka. Make deh aicregel os heote 191 
board of education, number, may sue 

BITC CRAIC catecn stds atenete Malay vue le wtecetare, Attre 191 
superintendent of instruction commis- 

SIONS Ol wSCHOOMMDULI Ines clawed ec 191 
POUCA MOWELS OL) DO8ra. 20.0 eh wae alee 192 
members of board, how elected, qualifi- 

CUO S COV LeCCLVGUILOM DEY. «te winistarele iets 191 
mayor to appoint first board, duty of 

board, president and vice president. 192 
special election of board, terms of of- 

NeESGraAnde Classifications 2 scree ccs ole 193 
superintendent of schools, assistants, 

ULLeSTIATIGS DOWELESS woes clecue ors eines oe 193 
commissioner’ of school buildings, 

LITLE OSS MamtthaercscUk eke tite ay eto te ala heer ere ecanehane 194 
commissioner to appoint engineers, 

Ha COLE mC UG winbenateca ce eeacehe ele etanone, crmee eke 194 
board to make contracts for buildings, 

commissioner to direct construction. 194 
board to advertise for proposals for 

supplies, distribution of supplies.... 195 
to advertise for bids for current de- 

DOSTUSHA G ortine ota ciale ayes chet ayn otal anteice! eb obo ates she 195 
to select secretary and treasurer, bond 

GUtliCS! ANAT Salary > cvcijkene 6 Sor ete cheletencie 195 
disbursements of board, how made.... 195 
board to appoint an auditor, bond, du- 

Liesmamaycermly OLeOlLtee sd mana ee vo eee eee 195 
board to apportion revenues to differ- 

Shi Ge paGemien ESt eaten eaetnier sie ae ele ere 196 


mayor to appoint annually an expert to 
examine books, accounts and vouch- 


ers of officers, compensation......... 196 
circuit court has jurisdiction over 

BOaTOsANGeICS “OLLICOLScpeeiel eres aie ei ea 196 
HONE OROLCISCOW craceloreder sre nie) othe eneteiersne, etaverers 196 
members of board and officers violat- 

ISLA WDC CYameternc ett. Sete sue lela ekere 196 
failure to attend meetings, vacates of- 

TIGL WVLLOUN Mhecierny ciel ouetascr etapa etal taen er oneuelaics tous 196 
investigations, testimony in, how taken 197 
board has power to levy and collect 

EAUK CSM net, cc ledetyene toiatttn eo slate oevaberaud eienene wee 197 
elections to increase tax levy......... 197 
what constitutes permanent- school 

TAP VCS TIVE TT Can emer tereyicie lat os ere aie 197 
posra to publish annual report... t..... 197 
pension fund for teachers and em- 

TIOViCSme ers Br cteee cine eh Manarcranias asics cisionets 198 
Hoard Ot trustees) createdas. w.. ace ces 198 
teachers and employes may be retired, 

OTL Membrane hhc ieee: there sete tec sfareehaaterens 198 
Smite O1rereured) COACIIEIS is... 6. 2s sce 198 
trustees to manage and control fund.. 198 
when declared annuitants............3 198 
annuitants to pay 20 per cent of salary 198 
duties of secretaries of boards with 

Rererence’ LOL pPEenSiOne LUNG ssc... eke 199 
acts of trustees, how passed upon..... 199 

PUNISHMENT, POWER TO REDUCE— 
DymCOULCEZOLUCrIMInaAL, COPLECLION. iy)... 102 


RAILROADS, STREHT— 
See Street Railways. 


REAL ESTATE— 


SLES POL IO Wir CODOUCTE Ge cies, - 4s + oa eis js es 208 
PEC OO URC O EOS G aiierd we ees slucvc bleh abe w'e theo" oie 208 
RUSrliLs LO) OXSCUTC: BECMUeile ents. s lee o cpmeiels% 208 
offering for sale, without written au- 

ERICSEL CCR rica) Mieke reratar yf deka ce whale etaes P21 


offering loan on, without written au- 
LOU y wate ai ovsh iva cia areal s eielsle ¢-+ a. 8) aus Rake dye 121 


Sec. 


10 


497 
500 
500 


500 
501 


502 
503 
504 
505 
506 
507 
508 
509 
510 


511 
512 


513 
514 


515 


616 
616 


517 


518 
519 


520 
521 


522 
523 


526 
527 


528 
529 
530 
531 
532 


533 
534 


132 


562 
563 
504 
226a 


226b 


note c 


249 


250 INDEX TO STATE LAWS FOR ST. LOUIS. 


Page. Sec. 

RECOGNIZANCE AND FORFEITURES— 

in? COULET OLRGrIMINal correction... eee 100 118 

SON ESTAISESSIONS Yer. ors tales tees weleenee ee enero 104 139j 
REGISTRATION— 

y See Election and Registration. 

REPLEVIN— 

jurisdiction OL AUStice court wines 115 186 


REVENUE, ASSESSMENT AND COLLECTION OF— 


See Assessment of Property, Collector, Delinquent and Back Taxes, Taxation of Merchants and 
Manufacturers. 


RULES OF COURT— 


See Circutt Court. 


SALARY— 
of ASSistant circuit attorneysSees see ees 88 50 
clerks and stenographers of circuit at- 
LOLN SY, Pe ee ie oes tecsstionensiioveretene ela eteresouenemenete 88 50 
OLICITGULECALLO RNC yare cere oisestore ere eee 89 OL 
of additional assistant circuit attorney 89 54¢ 
OL Fdeputy acl ErCultiattonn Gye ae ieee 89 54ce 
OLMCIF CULES UAE S Aces sick rene cited aes or oeaieer 95 92 
Ofe CITCUItSCler Kee AS seuss eto eee eee 96 100 
Oficlerketorreriminal Gawsesme eae eaeeee 96 100 
of circuit clerk for criminal causes.... 97 100 
of deputy circuit clerks for criminal 
CALISCS Masta irc te ie ve otc noitts tees nevare ta tree 97 100 
of provisional judge of court of crim- 
INA COLLeCLON A Hotei lene eee 98 105 
OfLFIUA SEBO LISAlACOURU cheno eerie 98 109 
OLMPTOSECILIN Sa LLONNeG ye... cir teense ae 98 109 
of clerk of court of criminal correc- 
CLOT Bier cle hase team t ee beads teeta te Rake eae hetiome keietee 93 109 
of provisional judge of court of general 
S@SSTON Sig wess on aaa eke tic uciae wearers okttoae ieee 103 139¢ 
of judge of court of general sessions. 104 aaysyol 
of clerk of court of general sessions... 104 139e 
of stenographer of court of general 
SESSION SWee/a.2 Fe eee tee een: fies 106 ashe 
JANITOLFOLI See hie See ee Cee Le 106 139n 
OTe UVa COMMISS OMe ries eee icecie anc ieRitee 107 144 
OLS dEPUGY COMMISSION GES cassia seen ee eee 107 146 
Of jUSELCEY Of DCA COs retake soi tee 116 187 
Clerk SOLUS] CEM COULi ae sere eee n erent 116 188 
OLPAGDUTY sCONStAa DLR mais iene enone Ene ney 199 
of probation officer and deputies...... 120 216 
of; election commissioners. .......ee ee 139 291 
secretary of election commissioners... 139 291 
ClerkSrandeassiStantS ew meieacioe nee urea ee 139 291 
OLPlicensescollectOr ieee hie cere 168 390 
of his deputies, clerks and inspectors.. 168 Sie) | 
Of POlGCertcOMMISSION EHS se ner eee een: 174 429 
OL (SCCretaryeOl  pOllcempOaldee rin 174 43 
SALARY AND FEES— 

Ob Sstenoeraphers a eeeee ei eee 210 574 
SALES OF REAL ESTATH— 

offering for sale, without written au- 

NAOKO Ee MHHSH eo mbaNKeyy ois 4 5 6 a6 os Sm mold O84 eran 226a 
NOWiw CONGUCCE Catt. tartencrae ciaaaetar a tener eee 208 562 
CLLe Cio labs toa talent: sieuoe eke SACI Ch MAAS. 8 208 563 
Sheriff store exeCuLte rd Gedeprs ces cnicieicsune tenes 208 564 

SANITARY DISTRICTS AND SEWERS— 
sanitary districts, how established..... 201 535n 
commissioners, reports, elections...... 202 536 
LTUStEES term nwel GA caterer eee 203 bot 
powers of board of trustees............ 203 538 
IMCANSELORCALTVAINLOMGILEGE ae cre ere 203 539 
VOUCHErS ier tint were de ahcisiiie sisi eo e 203 539a 
board to make surveys, define areas... 203 540 
condemnation of private property..... 204 541 
bonds, application for, term to run, in- 

TEreSsti Fetewmoe Lomtcos ee rte oo eee 204 542 
CONCTACtS Hn OWall 6 teen ee Solara s ee eee ene 205 543 
city to construct sewers and drains, 

WHEN SRA S-Ais eae as hee ees oe er eee 205 544 


Special mtaxecs wep ayinen.cueae ayers 205 545 


INDEX TO STATE LAWS FOR ST. LOUIS. 


Page. 
acceptance of private sewers already 

TUCO LOC ees et ehciviacte vinlerese ere. cfaveratareres 206 
dissolution of board of trustees....... 206 
certain officers to assist in making 

PE COLEOCLI ViGMairn chic (etic crete TA el face ls 206 
PRR AEEICCOMs OL LOLSCLAW os 6 ce arcane nies 206 

SATURDAY AFTERNOON— 
See Holidays. 
SCHOOL FUND, PERMANENT— 
what constitutes, investment.......... 197 
SCHOOL FUND, PUBLIC— 
proceeds of sale to go to use of........ 81 
SCHOOLS, PUBLIC— 

See Public Schools. 

SECRETARY OF ELECTION COMMISSIONERS— 

See Election and Regtstration. 
sei eV Er Wank OL ame Poh cis are, sie crate iat alie aters lel steve aisueosie stoke 139 

SENATOR, UNITED STATES— 

See Primary Election tor U.S. Senator. 
SHEEP— 

See Anzmals. 
SHERIF F— 

See Bonds Indemnifying. 
levy, may demand bond, when......... 83 
NOMAD Ley LOreleVys) Whee es oc ce oe eee 84 
ter WY LGEV al everers «es afsanre, aos) xs ' 4 grep 84 
MOUPDLOCECCOGs. WiDr. ie she sordecdis ise has 84 
suit against, court may require bond, 

TALC MME eS ee MMe eE ty ore Pe ct ace eti este 8 ties 85 
to serve process in court of general ses- 

Cyigpelky 4 3. cekne ended aan eus SRD. pcm ROUCLcEeneL PaaEe mya 105 
MCLs GES OUCH aralae: otra ot ooet stile vlhatehoaeen ys 105 
Miolatin= juriesract- punishment, .. was a ea 
Lomaladepolice to; Keep) DPEaceus..... os): «a 178 
Obi CVPR An Si tebe Sibtced anes erat br ca rene 206 
DOMED. WoO) a DDO Ved ane. ce ae ean seen s 206 
to execute process of what courts..... 206 
POST LEOH ODOT s Willa taiCO UES hacia el ame cee oe 207 
TCE GE) ESC AAT Sa GOO ot CI an en a 207 
Tene lal MC UULESO Lares sais elec) ect sneln ode lene 207 
to keep account of fees received...... 207 
to file statement with circuit clerk.... 207 
fees retained, balance paid to treasurer 207 
fees, how apportioned in certain cases 208 
failure to file statement, proceedings... 208 
CiLyVeiic ye Sie. 1n What CASES 1. cise: chown 208 
how to conduct sales of real estate..... 208 
EIPECENO Le SALES ts wide imrerciet ete clone hac em eters atid 208 
Ome eG] Lege © Cubs ce wlc sre Mirihe tortie celeiada oo tcaee ele 208 
duties generally, may employ counsel, 

TEENY) OE SR a) eet as a tare oe Ar ae a oe 208 

SLAUGHTER HOUSES— 

not allowed near Tower Grove Park.. Las 
SMOKE ABATEMENT— 

smoke a public nuisance, when........ 209 

penalties, penalties accumulative...... 209 

city to enforce law by ordinance....... 209 
SOCIAL EVIL HOSPITAL— 

See Hospital Social Evil. 

SPECIAL JURY— 

bn 8 gr Ba Rg St BARA Oe SS See en ee OO Lis 
SPECIAL TERM— 

See Circuit Court. 

POWelLeOLeOver Its) Judements........5-as 92 
SPECIFIC PROPERTY— 
PrN eT Cla lit? LOI oles via cs eee ae 85 


Sec. 


546 
547 


548 
549 


522 


10 


291 


toe ee 
wo SoADLD 


bo 


168n 


74 


24 


251 


252 


INDEX TO STATE LAWS FOR 


STATE OFFICERS, ELECTION OF— 
See Election and Registration. 
STENOGRAPHERS— 


each judge to appoint one for his di- 

LS LOT) eae ele eddohe ec hhicke mist eae ane ohe eae Ensen 
to file affidavit, bond, tenure of office.. 
QUCTES THO Laos ti tere bevel tetete tanec ver ca elctionsieaele tenements 
SaAlavve awa yLSesn cys wheketere wena aie ntel ete ienc teen 
MAY N ADDOINT LOE) WELESij eter] dete ones teletats tos 
fee ito be taxed jin. Gach VGase ion corm 
May sex Chan ee cw. OU Kaparcr elie lets toh sh aieenens 
criminal courts to appoint, tenure of 

OLE CE ric tees ike Ga eel Cae ee tates Te teal ete aeetena tates 
Salarvilol sory ChiminaleGomnts aie rmiheen. 
LOULA KS WO Dei aii nepatieten rite go ocsterncrencme 


GULELE'S VOLS teh aes ei enero rere make rein Beyoiee 
disposition of stenographic notes...... 
When ADSeNE PDLOCGCOLDS Sie acnelelehsisnieicie 


shallAberremovieds swilen Cote trecis Gerster 
corrupt misconduct or neglect, penalty 


STENOGRAPHERS AND CLERKS OF CIRCUIT ATTORNEY— 


See Crrcutt Attorney. 


SEP LOUIS: 


Page. 


STENOGRAPHER OF COURT OF GENERAL SESSIONS— 


appointment, duties, salary ........... 


ST. LOUIS COURT OF APPEALS— 


when circuit and prosecuting attorney 
LOLADDOAT BD CLOT.C. Varcte sls cits ietetieekededons retel cas 


ST. LOUIS COURT OF COMMON PLEAS. 


jurisdiction of, transferred to circuit 
COTTE eels eter aha cat aver ae etts sea enoitl Mayet Ns ister eaeeme 
jurisdiction of, transferred to circuit 
COURT RYE sd civcetea chen ghe cnatebauepsactane Chak enced 


ST. LOUIS CRIMINAL COURT— 


See Circutt Court. 
abolished jurisdiction vested in circuit 
COUT Tate Raveena benancvion Watalena falls asleasate is kage hele Wetkes 
unfinished business wound up in circuit 
GO ULTUUIS Wet ates le ecslaiie tite maite caren ee tecat ieee Care ramets 
writs, process, etc., issued by, return- 
-YDLeL TOW GIT CULES COME Leen berieeterel ca chonien ener 
clerk to deliver books, records, etc., of, 
to clerk of circuit court for criminal 
CAUSES ica) Glave fe eee ete aise okie erat eteene tee 
Salary JOLVIMG SSS er mieteicl one ee ects emia 
Sheriff itowexecuLe) DUOCESS a0 be oes 
ATCEN GO mia sie ete eatetadelc atte ae tebee ies Aenea 


106 


87 


90 
90 


ST. LOUIS COURT OF CRIMINAL CORRECTION— 


ESSTADIUSTE ae eel cits loves spe wlan emeteer se eee eee 
INSCOUTTCEROLMreCOnGi.s: ke Err ole eee 
election, qualification and terms of 

Huds eran sOll1Cersce ames eed meats eee 
appointment, powers and pay of pro- 

ViUSLO TIAL MING 2 Cancer cee terete eneceare anes 
removal from office of officers......... 
Via CAn CLES Mn Ow till claus ties hemes te omens au tens 
certificate of election and commission 

EAT ers te fe chs te tel iee le ttdy pus arene 9 Biase Raia 
DO WElSU Ot ULC Lele ra ctrah se, eleineai eh oetuate eee ie 
Salar yilO Maju SS aerate Neder cuca ce trae 
of prosecuting attorney, assistant and 

CLE TIA, telat che eleta ita overs Gaiters: oskewen tha hoor 
ClEPKMtOMKeCSD <a GSCal SNe hrcvtracncte siete cust 
LOCSHATLO NCO SUS sree creer yo leree Fel ete eaneete 
witness fees only to be charged, when 
statement of fines, penalties and for- 

f CLUTITC St uwes ie tne onl teak va oa oc eee ne lacie te fone aes 
court room, stationery, offices, marshal 
municipal assembly to provide......... 
MALS ALP LOMACCOH Ciera rice: abet vse ah emiehaes cs 
FUTISALCELO MY wet octy hee eee Shenae aera reheat s 
school board money collected by sheriff 
is of limited and special jurisdiction... 
appellaterjUurisdicelon marcy c.traetiaes on anes 
appeal in criminal cases from justice 

COULTER i caren ana stil ho caleeehe eat hare patices 
SESSIONS PCOMtINUANCESMici mete eileherat iat 


Sec. 


139t 


34 


61 
61 


note x 


INDEX TO STATE LAWS FOR ST. LOUIS. 253 


Page. Sec. 
surety on defendant’s bond not re- 

ESSE ENE ELC LT CTD s Phir ne ctc Nels ial tele ake ailateus fontaipeice 100 116 note y 
HPAOLICe hanO  PrOCGCOII ES sche so alsa Gie kein 100 a PL 
recognizances and forfeitures ......... 100 118 
both an examining and trial court.... 100 118 notea 
duties of prosecuting attorney and as- 

SULT RENAL Gusratn pics ceeoleeaee cre ent velte ier a bie avieitd ata Sep. s 100 119 
prosecutions by information ........ 100 120 
information properly lodged with as- 

sistant prosecuting attorney ........ 100 "120 note b 
information, where lodged, proceedings 100 120 
UAE etn Lee OOL ALS Mamet 6 isl Mor ase eiar eres’, oa 101 121 
amendment of process, pleadings, etc.. 101 121 
proceedings when felony appears...... 101 122 
Convictions tor) less offense.:io.«-. «os 101 123 
jury commissioner to furnish jurors, 

OLICT ECPM ra Ns aoc ea cu catctay ate w/e ci atenolol 101 124 
insolvent law not applicable, when... 101 125 
lien of-judgments and executions...... 101 126 
SUDHA AN Ce Will CSHOLcOGrOL.. jis ccts ters chenaves 101 127 
bills of exception to be filed, when... 101 127 note d 
powers over officers collecting fines... 101 Va 
lists of officers, how furnished........ 102 129 
property found on person of offenders, 

SRO SMV SLONCLO Vel tarratece is career me eiceena 102 130 
prosecutor liable for costs, when. : 102 i Mya 
power of court to reduce ‘punishment. 102 132 
sentence and place of imprisonment. 102 how 
sentence includes hard labor rules.... 102 134 
part of See. 133 as to punishment in- 5 

VAAN Cline ee TEAS Lrieicr ented leire Ine oie wemareichathd one te ie 102 133 note e 
sec. 134 partly conflicts with state law 

PHalol A onKe lh ppal GON al Rabe oe StalolWoae oe Gib eae ae eae 102 134 note f 
payment of fine after commitment..... 102 a5 
place of imprisonment, how provided. 102 136 
county may contract with city for use 

of workhouse for confining convicts. 103 136 
ADP tLrOMMPOliCGr COULE cients ret ctelete 108 13 
PUOMMECEL ICONS PNG. roe an cceiee, ceive en ee. coe caer eS 103 eo 
OSES STC iT Tieale CASCSE crac sy atures cede erste « 103 138 
fee-bill, how made and certified....... 103 189 
has no jurisdiction in felony cases..... 106 139 
SHeLitee tO LeExeccute sprocess (Of a .cicrencas 206 252 
COMET COT C oO Tienes Stuer ene ahs orine ey stoked ec nurr ets 1 206 253 

ST. LOUIS COURT OF GENERAL SESSIONS— 
SS CCMLS LTC TL CMO siehehceemtandtuctarestrer cba ies as te 103 139a 
is court of record with criminal juris- 

CLLCETOM Baw ene etc eect ake erate ck. a eins 103 139b 
election and qualification of judge.... 103 139c 
appointment of judge to serve until 

EDEL ee Leas OO OUR red ew telat eta wame here Wax cred a eire telcos 103 139b 
provisional judge, appointment, powers 

Gli alve bake Tuc aac ees eles F oniad Sey ca AR nk alee ted PCL Cy, 103 139¢ 
HULISOLeLIOMSOn COULTNANG ell 2°Osrrene ste si. 104 139d 
Slee VareLTN CL ehLO Wal DELLG Aumcreeiel cient toetstsra rents: 104 139d 
judge shall hold preliminary examina- 

THOS ANS! ve Aneto fella NLA Curtye oh oA ois eRe Ali bat 104 139d 
clerk of court for criminal ex-officio 

CLC KROL AT IAG sie ocke rem ala aeton atone Aiwa seh oh ty oh eo oe 104 139e 
MODUEV Sa larve nl SOe lenetGa . «sc clsoeiclebetes 104 139e 
how must sign writs, process, etc...... 104 139e 
MMLOLMAALLONS/ AVG PLOCESS) «cen cto ls 104 139f 
prosecutions conducted by circuit at- 

COLMEY PANO PASSLSO CATES Savile era lee ce raletiete 104 139f 
SOcsOmseaN cd COND Ua NCES Lames scctstorne:s 104 139¢ 
DULACTLCeraA Dds DrOCCCGIN ES Sl oo cv ereile crete 104 139h 
Stacuteyot }COCAL Svein. hs teres) cae tstrels¥eses eh 104 1391 
recognizances, forfeitures, etc......... 104 139j 
proceeding when misdemeanor appears 105 139k 
duties of circuit attorney and assist- 

EIR TWAT Ve SNR Br Be Loe ein 1S Seep eer MORER Cal MC ee RE 105 1391 
chief of police, reports to circuit at- 

OIINE SOD SWEET eraM Dts wt ois ce, co takasks| one steve stent 6 104 139m 
AUGCIte MOU LIGS VATLOMLOCS fe ce aay ctotioele eee 105 139n 
COMSGC VE HDLOCCSS i ITs cracls sc vustaee eeahaele « 105 Peon 
witnesses, fees, attendance, etc........ 105 1390 
CSD LO OL Dt LLG ca iatattiue ecter ate lehe sik elses ane Mens 105 139p 
clerk to report fines, penalties, etc., to 

LUCE Chic Nae etate tetra eels Arg faethe MesW roe eae) AMG 105 139q 
Supervision over officers and property 105 aor 
municipal assembly to provide rooms 

LOreCOUr tm aiid 1 OMLEErS irs. ele eas Ag aves 105 139s 
stenographer of, appointment, duties, 

SEMI od cea oie sn eaatenakes aia fondle wale lena otacbate 106 139t 
janitor appointment, salary, etc....... 106 139 u 
court of criminal correction deprived 

of jurisdiction in felony cases....... 106 139Vv 


ST. LOUIS INDUSTRIAL SCHOOL. 
See House of Refuge. 


name House Refuge changed to,...... 162 note 


254 


INDEX TO STATE LAWS FOR ST. LOUIS. 


ST. LOUIS LAND COURT. 


jurisdiction of transferred to circuit 
CO ULEMS Victsl ersten. = cco ets cous cle tober oltereete te tebe ute ee 


ST. LOUIS PROBATE COURT. 


soverned by, -seneralw la wise eee 


ST. LOUIS (STREET) RAILROAD COMPANY. 


may vextend TOad reece eee eEEee 
may Duildpbrancheniw ieee. ae eee 


STOCK— 
See Animals, Parks. 


STRAYS— 
See Animals. 


PIO GECULETAS? CO. nee Oe ee een ieee 
from adjoining county owner to have 
NOCICEsIN Whitin Sy eee ene eee eae 


STREET CARS— 
See Street Railways. 


STREET COMMISSIONER— 


to furnish mayor maps of property 
benefited. a wheniedg+ peice ois nscchre ne 


STREET GRADES— 


city may establish and change, remon- 
strances, when filed, board of public 
LINDLOVEINEN CSie Mebane ne he dexetlat ete crore 
remuneration or damages, property 
DENEHtTECAAaee eo see ce ee eee ce ee 
maps of property benefited............ 
proceedings heard by circuit court or 
JUSSI NAVA CAL OTe oe te rein acco eee 
how proceedings begun to ascertain 
damages or benefits from grading or 
PESTAGIN See ek eae ee eee 
circuit court to retain jurisdiction.... 


STREET RAILROADS— 


bridges and tunnels for use by....... 
city may regulate street car gates and 

SettiInenONnwan GeO sCalS yada 
city council cannot increase rates of 

Carer Ber ae eavebae ee ee le ter eae ene 
company may change from single to 

doubleytrack. oe ics mice ices ence eee ere 
other power than horse power may be 

USCC te Pibtenel, erent a ctee ieee 
time table to be posted in cars........ 
tickets*to “ber sold.w Gok cst tee eee 
to be redeemed and exchanged........ 
COMpPANnies LOW Pay wlicensesme ere 
passengers not to get on or off front 

plationm: jwhen te ee ae 
fine Vtorasnoteselline wt eketsmemny eee 
franchises Peon tmrimed Meeriene ere eee 
limitation of ni Sn tsar eee eee ear 
St Louis railroad may extend road.... 
may build branches. ee See eee 
Gravois railroad company authorized to 

J OLVG KG WP nies Aer eR rey wee MA A ada W oh Sk Got 
CONdIMONSHOLe privi lesen ate ee ee 
Citizens railroad company not to lay 

COUDI ACCP aG Kom Ee picrtee cae ea eee ete 
Missouri railroad company authorized 

COM AVI LTS. CK Await stetota henderson node Peaeentes 
like provisions as to same railroad... 
proviso imposing conditions on same 

TALLLOAG MAME s lone ae ich sock teens ee 
act amendatory of certain acts........ 
reference to certain charters.......... 
MAVELAVULACK Swe Wiles e iiss eve teen eeeke 
MAyVRCONSUR Cleno adun wile lie a ie eee 
section#repealediaeie vtec aoe aie kia nie oe aie 
(OWA LEW AY TRAE WINS! a oy Go clot ae cea laws Sis cpa, ni 
overhead wires, guard wires and fen- 

CES Me ree ogee a atete che toes cs eee wit ties Ae eee 
duty where tracks cross railroad tracks 
may operate over bridge connecting 

CLUVEIWithManlO UN CraeSta COnt nearer iene 
sales of roads, equipment, conditional, 

STO Ce a ote ere eeeee can toets a, a incre 


Page. 


90 


97n 


215 
215 


79, 80 
81 


bo 
a 
bo 


Sec. 


61 


603 


587 


INDEX TO STATE LAWS FOR ST. LOUIS. 


conditional contracts of sale or lease to 

TCM T CLOCLME CRI Meine attend wae 4's ene eter one 
existing contracts not invalidated..... 
eertain sections of statutes not to ap- 


eC fl Me, We ek Oe ee Oe en oe a ik et ae ih em po 


PAUNTORd. COMMANICS [sine cite cel lete where 
BUOVer sO LaCOrDOraclOlunveie as ss ccc + stele 
required to accept provisions of this act 
increase of capital stock and bonded 

TIT GUULCC MES Seeore tare cate so coher cietahas 
preferred stock authorized ............ 
certain sections of statutes not re- 

DP GRLECL eric sie exe tr tstenihat eer cle, Gidic clare stste lane 
relation between United Railways and 

jBacsc AheGwatcphe. LOvereyer: Bab inom ot hReIG Sit CRS C 


SUBWAYS— 
PACvRIMA ye DLO. OF aACd UIE crim salts acetal. 


powers of city, limitation of powers... 
CLEVE Ve LIS. DONGUS te ccc a crs oe eshte s 


SUITS AGAINST CITY FOR DAMAGES— 
requiring plaintiff to join as co-defend- 


ant, person or corporation liable on 
SEU Cor LCCOU MM Veranda lel cetchs staleaee cle aie cke 


SUPERINTENDENT OF SCHOOLS— 


how appointed, term of office, assist- 
LLL US MreieL teste, oietetcl sus ene, efete a velcler clivise eLationgy suena 


SUPREME COURT— 


jurisdiction over nominating conven- 
CLOT Somreuere pote ee creed icc hts 2 cha, Sie cales wie estas 


SURETIES— 


on bond of constable or marshal liable, 
NWVALLCLIM ME Mete lee ts ciate srehee cee aietaie aia remeron 


SURGERY AND MEDICINE—See Meaicine 
and Surgery. 
SUSPENSION— 

EVGMBOILee eWinen 1ndLGtedm <.jee ies ailerons 


ZOVErNOL tO appoint. SUGEESSOL:. 2. .7....- 
restored to office, after when......... 


SWINE—See Animals. 
TAXATION OF MERCHANTS AND MANU- 
FACTURER&S— 
lower rate of tax than that on real es- 
LaLeratlOOniI ZG ger An eels oh aielerals aia at oke 
regulation of merchants and manufact- 
UTGt Saal LCONSOSIE aye as stench eae a ei ckehs thse, 6 


TERM, SPECIAL—See Special Term, Circuit 
Court. 


TOBACCO INSPECTION OF—See Jnspection 
of Tobacco. 


TOWER GROVE PARK—See Parks. 
TREASURER—See City Treasurer. 
TUNNELS—See &ridges and Tunnels. 


UNITED STATES SENATOR—See Primary 
Election tor U. S. Senator. 
VACATION— 
PODViOL SHO Lee JUL SCs TIM a cies ois.c ecabaus ee e's. ele atch 


VENUE, CHANGE OF—See Circuit Courit— 
Change of Venue. 


to other division for criminal causes in 
case of prejudice or interest........ 


Page. 


217 
217 


218 
218 
218 
219 


219 
219 


219 
219 


121 


193 


149 


81 


88 
88 


190 
191 


92 


94 


905 


318 


10 


44 
45 


495 
496 


note t 


note b 


255 


256 


INDEX TO STATE LAWS FOR ST. LOUIS. 


VOTER, BRIBERY OF— 
Aataprimanrveeclectlon Memtac se itene sheleeeten nents 
VOTERS— 
OCUAaNCGATIONS HOT oe vibes eras teu Utena cet tens 


VOTERS, REGISTRATION OF— 
See Elections and Registration. 


WITNESS FEES— 


in COuUrL Of (criminal correcrion ns: sees 
how taxed in court of general sessions 


WORK HOUSE— 


court of criminal correction shall sen- 
LEN Ce. TO; GWNCTE TSM Brcielelleuere mock ssen cities 
sentence includes hard labor, rules.... 
payment of fine after commencement. . 
county may contract with city for use 
Of foreconfnines. GON VWaCtS TIN yee ereeet ers 


Page. 


155 


98 
105 


102 
102 
102 


103 


WORLD’S FAIR AND CENTENNIAL EXPOSITION— 


laWS With references tO eavtsle sirens eke ueniueke 
laws not given in full, because general 


WRITS OF ERROR AND APPEALS— 


from judgments of court of criminal 
COTTECCION ei sic sce ee bos ots eit loka eek cues 


223n 
223n 


101 


Sec. 


31 


256 


111 
1390 


133 
134 
135 


136 


127 


Jee an ia bone Bg 


ORGANIC PROVISIONS RELATING TO 
THE MUNICIPAL GOVERMENT OF 
WISH (COM ENE KOAE oy had BOG heey: 


Peo EOWwATIONTOP THE TOWN OF ST. LOUIS. 


SCHEME OF SEPARATION AND REORGANIZATION. 
(ANNOTATED.) 


Mnevie bike Or bliteOLiYeOR St. LOUIS. 
(ANNOTATED.) 


INCORPORATION OF THE TOWN OF ST. LOUIS." 


The town of St. Louis was first incorporated on the 9th day of November, 
1809, by the court of common pleas for the district of St. Louis, upon 
the petition of two-thirds of the taxable inhabitants, under authority 
of an act of the legislature of the Territory of Louisiana, passed June 
18, 1808, entitled “An act concerning towns in this Territory.” The 
judges constituting the court were Silas Bent, president, and Bernard 
Pratte and Louis LeBeaume, associates. The charter granted by the 
court was the only one under which the town existed until 1822, when 
it was incorporated as a city. It is to be found in the records of the 
court, in book A, page 334, in the following words: 


“On petition of sundry inhabitants of the town of St. Louis, praying 
so much of said town as included in the following limits to be incorpor- 
ated, to-wit: Beginning at Antoine Roy’s mill, on the bank of the Missis- 
sippi; thence running sixty arpents west; thence south on said line of sixty 
arpents in the rear, until the same come to the Barriere Denoyer; thence 
due south until it comes to the Sugar Loaf; thence due east to the Mis- 
_sissippi; from thence, by the Mississippi, to the place first mentioned. The 
court having examined the said petition, and finding that the same is 
signed by two-thirds of the taxable inhabitants residing in said town, 
order the same to be incorporated, and the metes and bounds to be sur- 
veyed and marked, and a plat thereof filed of record in the clerk’s office. 
And David Delaunay and William C. Carr are appointed commissioners 
to superintend the first election of five trustees, in pursuance of the law.” 
(Mun. Code, p. 177.) 


*A history of the early charters of the City of St. Louis may be found in the 
introductory note to Mr. McQuillin’s valuable work ‘‘Amended Charter of St. 
Louis,” 1901. The author also treats of the developments until the adoption 
of the present charter. 


259 


SCHEME 


FOR THE 


SEPARATION AND REORGANIZATION OF THE GOVERNMENTS 


OF THE 


Sy AND COUNTY OF SI. LOUIS 


AND THE ADJUSTMENT OF THEIR RELATIONS. 


261 


on 7 ca bi BA oP 


FOR THE 


SEPARATION AND REORGANIZATION 


OF THE GOVERNMENTS OF THE 


miby AND COUNTY OF ST. LOUIS 


AND THE ADJUSTMENT OF THEIR RELATIONS.* 


SECTION. 


is 
2. 


3. 


. City Marshal to 


. Sheriff of County 


. Municipal 


Boundaries. Territory of new county. 


City and county declared separated; 
authority of County Court annulled. 


misction. (Of) officers: for: \St.° Louis 
County; judicial and representative 
districts established; county ‘seat. 


Present County Court to order election 
in November, 1876; duties and re- 
sponsibilities of Court in connection 
with separation. 


. Election of Sheriff, Coroner and Pub- 


lic Administrator for city; duties 


and compensation. 


assume 
Marshal. 


ex-officio Collector; 
Clerk of County § ex-officio Recorder; 
ASS fale Recorder continued in of- 
ce. 


former County 


. Assessment and collection of taxes un- 


der Scheme; duties of Collector and 
Treasurer as to moneys; uncollected 
tax bills; office of County Auditor 
abolished. 


- County Court to transfer public build- 


ings, moneys, etc. to city; Mayor 
may retain or discharge appointees 
Orecourt. 


. Title to public buildings, parks, etc., 


transferred to city; 
county debt by city. 
Assembly to provide 
payment of county debt. 


assumption of 


for 


. City officers to qualify under Charter; 


election of Municipal Assembly; city 
offices to be filled in April, 1877. 


. Board of Finance and its duties; term 


of County Treasurer to cease, when; 
tax collections for school purposes; 
debts due county payable to city. 


- Metropolitan Police. 
. Justices of the Peace and Constables; 


bonds of Constables and Notaries. 


. City and County Surveyors. 
- Notaries Public. 


duties of | 


SECTION. 

18. Powers of Sheriff of city; duties’ of 
City Marshal; powers of Sheriff of 
county. 

19. Judges of Election for November, 1876; 
returns, etc. 

20. Public officers to assist in carrying 
out Scheme. 

Ae Cityeamaye hold real estateuin, county. 

22. Salaries of judicial officers. 

23. Tax bills on property intersected by 
city limits. 

24. Authority of Municipal Assembly. 

25. Admissions to Poor House, Insane 
Asylum, etc. 

26. Prosecuting Attorneys and Clerks of 


39. 


Grands) Mury: 


TW IeetilLeduUrors: 


. Powers 


EHighth Judicial District continued 


in office. 


how selected and sum- 
moned. 


Grand Jury; how paid. 


. Costs in criminal cases. 
wee Clite Jurors 


how selected and sum- 
moned; Jury Commissioner contin- 


ued in office. 

how paid. 

Collections payable into City Treas- 
ury; payments into County Treas- 
ury; appropriations by Municipal 
Assembly. 

of former County Collector 


vested in Sheriff of county. 


. Authority of Municipal Assembly as to 


revenue. 

. Regulations as to animals running at 
large. 

. School Districts intersected by city 
limits. 

. School property transferred to _ St. 


Louis Public Schools. 


. Enumeration of children within school 


ages; division of school property. 
Expenses of Board of Freeholders. 


ar ee ee ee Se a ee ee A Ey AS Pres ee 


*As to date of adoption, and the effect thereof, etc., 


Charter, under 


see Introductory note to 


“General Considerations Respecting the Charter.” 


> ew 


SCHEME OF SEPARATION AND REORGANIZATION. 265 


The following Scheme for the separation of the governments 
of St. Louis City and County, the definition of the boundaries of said city 
as enlarged, the reorganization of the government of said county, and the 
adjustment of the relations between said city and county so that they shall 
hereafter be independent of each other, is hereby adopted as the organic 
law thereof. 


Section 1. Boundaries of the City of St. Louis—Territory 
of St. Louis County.—The boundaries of the City of St. Louis are 
hereby enlarged, settled and established as follows: 

The corporate limits of the City of St. Louis shall comprise all that 
district of country situated in the County of St. Louis and State of Mis- 
souri, to-wit: Beginning at a point in the middle of the main channel of 
the Mississippi river, and running thence westwardly at right angles to 
said channel, to a point on the west bank of said river 200 feet south of 
the center of the mouth of the River des Peres; thence westwardly and 
parallel to the center of the River des Peres, and 200 feet south thereof, 
to the eastern line of the Lemay Ferry road; thence westwardly to a point 
in the west line of said Lemay Ferry road at its intersection with the 
center of the Weber road; thence westwardly along the center of the 
Weber road to its intersection of the east line of lot (1) one of the Caron- 
delet Commons, south of the River des Peres; thence westwardly to the 
southeast corner of Rudolph Overman’s, or northeast corner of Bb. H. 
Haar’s land; thence westwardly to said Haar’s northwest corner; thence 
northwestwardly to a point in the center of the Gravois road (600) six 
hundred feet southwardly from the center of ‘the bridge across the River 
des Peres; thence northwestwardly to the southeast corner of lot (31) 
thirty-one of the subdivision of the Mackenzie tract in United States 
Survey one thousand nine hundred and fifty-three (1,955) thence north- 
westwardly in continuance of said last mentioned line to the southern line 
of lot twenty-one (21) of the subdivision of the said Mackenzie tract; thence 
northwestwardly to a point in the southern line of United States Survey 
2,035, twenty-six (26) chains eastward from the southwest corner of said 
survey; thence northwardly to a point in the north line of the subdivision 
of East Laclede, six hundred (600) feet west of the McCausland road; 
thence northwardly and parallel with the center of the McCausland road, 
to a point on the Clayton road (600) six hundred feet west of its intersec- 
tion with the McCausland road; thence northwardly and parallel with the 
Skinker road, and (600) six hundred feet west thereof, to its intersection 
with the old Bonbomme road; thence northeastwardly to the intersection 
of the center lines of McLaren avenue and Mead street; thence in a north- 
eastwardly direction to a point in the Bellefontaine road (600) six hun- 
dred feet north of its intersection with the Columbia Bottom road; thence 
northwardly and parallel with center line of the Columbia Bottom 
road to the northern boundary line of United States Survey number (114) 
one hundred and fourteen; thence eastwardly along said line to the center 
of the main channel of the Mississippi river; thence with the meanderings 
of said channel southwardly to the point of beginning; and the residue of 
what now constitutes the County of St. Louis shall hereafter be called St. 
Louis County. 


See note to Art. I, Sec. 2, of the charter. 


See. 2. City and County declared separated; authority 
of County Court annulled.—The City of St. Louis, as described in 
the preceding section, and the residue of St. Louis County, as said county 
is now constituted by law, are hereby declared to be distinct and separate 


266 SCHEME OF SEPARATION AND REORGANIZATION, 


municipalities, and all authority heretofore exercised by the County Court 
of St. Louis County, or any officer of said county, is hereby forever abro- 
gated and annulled, except for the purposes and in the cases as hereinafter 
provided. 


Sec. 3. Election of officers for St. Louis County—judi- 
cial and representative districts established—county seat.—At 
the general election for State and other officers, on the Tuesday next fol- 
lowing the first Monday in November, 1876, and every two years thereafter, 
there shall be elected officers for St. Louis county, as follows: <A Sheriff, 
who shall be ex-officio Collector, Coroner, Assessor, Treasurer; a Clerk of 
the County Court, who shall be e2z-officio Recorder of Deeds; they shall 
hold their offices for the term of two years, and shall perform such duties 
as are now provided by law for such officers, until their successors are 
duly elected and qualified; also, a Public Administrator, who shall be 
elected at said election, and every four years thereafter, and shall hold his 
office for four years, and perform the duties now prescribed by law. There 
shall also be elected at said election three Justices of the County Court, 
who shall constitute the County Court of said county, and their powers, 
duties and terms of office shall be as defined and governed by the general 
law at present applying to other counties in this State. And for that 
purpose the County of St. Louis, as established by this Scheme, shall be 
divided into two districts by a line commencing at a point where the Clay- 
ton road intersects the boundary between the City and County of St. 
Louis, as established by this Scheme and Charter, and running thence 
westwardly with the Clayton road to the eastern boundary of Bonhomme 
township, as now established; thence north with the eastern boundary of 
said township to the Missouri River. So much of said county as lies north 
and east of said line shall constitute district number one, and so much of 
said county as lies south and west of said line shall constitute number two. 
One Justice of the County Court shall be elected by the qualified voters of 
each of said districts, and the Presiding Justice of said County Court shall 
be elected at large by the qualified voters of said county. Said county shall 
be divided and numbered in the same manner into two Representative Dis- 
tricts, and until otherwise districted by law, one Representative in the 
General Assembly of the State shall be elected by the qualified voters of 
each of said districts. Immediately succeeding the election in November, 1876, 
and when the result thereof is officially determined as hereinafter provided, 
the Justices of the County Court shall meet at James C: Sutton’s house, 
on the Manchester road, for the purpose of organizing the new government 
of the county, determining the bonds of the county officers, and making 
such appointments as may be authorized by law. Said Court may deter- 
mine at what place in said county said Court shall meet and the county 
offices be located until the question of a permanent seat of justice may be 
determined. And for that purpose the following persons shall be and they 
are hereby appointed Commissioners, to-wit: Robert G. Coleman, Wm. W. 
Henderson and Thomas J. Sappington, who shall, after the Scheme goes 
into effect, select a suitable place for the count seat of said county, and re- 
port such selection to the County Court of said county, when it shall be the 
duty of said Court to submit to the qualified voters of said county, at a 
special election to be ordered by said Court, within six months from the 
filing of said report, the question as to whether the place so selected shall 
be the place for the permanent seat of justice of said county; and if a ma- 
jority. of the qualified voters of said county, voting at said election, shall be 
in favor of said location, then the same shall be, and remain the seat of 
justice or county seat of such county; but if a majority of the qualified 


SCHEME OF SEPARATION AND REORGANIZATION. 267 


voters, voting at such election, shall be against such location, then the per- 
manent seat of justice shall be established in the manner as at present pro- 
vided by law in regard to new counties. There shall be elected at said elee- 
tion such justices of the peace and constables for the county as said county 
may be entitled to under existing laws, who shall hold their offices accord- 
ing to the general provisions of law applying to other counties in this 
state. 


The legislature has power to change the tenure of office and dates of election of 
officers as fixed by this section of the Scheme, and it did so as to clerks of courts 
by laws 1877, p. 192: State ex rel. vs. Matthews, 94 Mo. 117. 


Sec. 4. Present County Court to order election Novem- 
ber, 1876—duties and responsibilities of Court in connection 
with separation.—The present County Court of St. Louis County shall 
order and make all necessary arrangements for the general State 
election in November next, and shall order at the same time the election 
of the Justices and officers for St. Louis County, as specified in the pre- 
ceding section, and the members of the present County Court thereof shall 
continue in authority and in the discharge of their present duties, except 
as herein otherwise provided, until the new County Government is organ- 
ized, and the proper county officers, as provided herein, are commissioned 
and qualified, and thereupon their terms of office and that of Clerk of said 
Court shall cease, and the offices of Justices of the County Court and Clerk 
of the said County Court, as now established, shall be forever abolished: 
Provided, That nothing in this section’ shall relieve said Court and its 
officers and employees from full responsibility for the management and 
custody of all interests and property of the County of St. Louis, as con- 
stituted previous to the adoption of this Scheme, until a formal transfer 
of the same to the proper authority, as herein provided, has been effected. 


See NOLENLO UAT CL Vel SeCwlLOL CUarlter: 


Sec. 5. Election of Sheriff, Coroner, and Public Adminis- 
trator for city—duties and compensation.—lIt shall be the duty 
of the Mayor of the City of St. Louis to order an election on the same day 
as the general election in November, 1876, and every two years thereafter, 
for a Sheriff for the City of St. Louis, and Coroner for said City, who shall 
be elected by the qualified voters of said city, and shall hold their offices 
for two years and until their successors are duly elected and qualified, and 
they shall be commissioned by the Mayor. A Public Administrator for 
said city shall also be elected at the general election aforesaid, and every 
four years thereafter, whose term of office shall be four years, and whose 
duties shall be as provided by law. The official bond of said officers 
shall be fixed and determined by the Municipal Assembly, in conformity 
with the constitution and laws; and pending such action the Sheriff, Coro- 
ner and Public Administrator shall give bond in such amounts as now 
required of like officers for the present County of St. Louis, with not less 
than two securities, owners of unincumbered real estate in the City of St. 
Louis, to be approved by the Mayor; and said bonds, when so approved, 
shall be filed with the Register; and said officers shall respectively perform 
within the city limits such duties as are now provided by law in regard 
to the Sheriff, Coroner and Public Administrator of St. Louis County, and 
shall receive the same compensation allowed said officers of St. .Louis 
County prior to the adoption of this Scheme, until otherwise provided by 


268 SCHEME OF SEPARATION AND REORGANIZATION. 


law. The Coroner shall discharge the duties of Sheriff in all cases in which 
Coroners are authorized to discharge those duties by law. 

See as to elections, terms, etc., note to Charter, Art. IV, Sec. 1. The adoption 
of the Scheme and Charter was at first supposed to be defeated, and no election 
for sheriff was called in November, 1876, for the City of St. Louis: but the 
office of the old county no longer existed owing to the fact that the Scheme of 
separation had actually as it developed, been adopted, and it was held that one 
elected as sheriff for the supposed county had no more than color of title and 


it devolved on the Governor to appoint the first lawful sheriff: State ex rel. 
Vs. Finn, 4 Mo. App. 347. 


Duties and Powers of Sheriffs and Coroners in St. Louis, see references in notes 
tonCharter cArtG cL a Secs erlaa Canals 


Sec. 6. City Marshal to assume duties of former County 
Marshal. arshal of the City of St. Louis, in addition to his other 
duties, shall assume and discharge all the duties heretofore discharged by 
the Marshal of St. Louis County, ‘within the limits of the City of St. Louis; 
and the present County Marshal shall deliver to said City Marshal all 
books, documents and property of every kind in his possession by virtue 
of said office, except such property as may properly belong to the reorgan- 
ized County Government, which shall be delivered to the Sheriff of St. Louis 
County, elected in November, 1876. 


Effect of Schemeon old county marshal was to abolish the office and confer 
same on the new city marshal until otherwise provided, etc.: See discussion 
as to duties of marshal, sheriffs, etc.,“in State ex rel. vs. Mason, 4 Mo. App. 377. 
Duties of Marshal: See also Scheme, sees, 18) 27; 30% |. Charter, Art. IV, Sec. 31; 
Rev. Code, Secs. 1329-1339. 


See. 7. County Sheriff ex-officio Collector—County Clerk 
ex-officio Recorder—present Recorder to continue in office.— 
The Sheriff of St. Louis County, elected as provided in section 3, shall 
be ex-officio Collector of the revenue of said county; and the Clerk of said 
County Court shall be ex-officio Recorder of Deeds for said county; and 
the present Recorder of Deeds for St. Louis County shall hereafter be 
known as Recorder of Deeds, and shall hold his office for his term as now 
prescribed by law, and until his successor shall be elected and qualified ; 
and at the general election in November, 1878, and every four years there- 
after, a City Recorder shall be elected by the qualified voters of the City 
of St. Louis. 


Sheriff aS exz-oficto collector of St. Louis Co. under this section: See Webster 
vs. Smith, 78 Mo. 163 


Sec. 8. Assessment and collection of taxes under Scheme 
—duties of Collector and Treasurer as to moneys — uncol- 
lected tax-bills— office of County office 
of the President of the Board of Assessors is hereby declared a city office, 
and is placed under the control of the city government, but the President 
of said Board shall cause the books and plats of said office to be divided, 
and such portions thereof as exciusively refer to St. Louis County shall be 
delivered to the proper officer for the use of said county; but if this cannot 
be done, or can be done only in part, then abstracts shall be made thereof 
and the cost of same paid out of the City Treasury. The present State 
and County Collector shall continue in office until the expiration of his 
official term, and thereafter his duties shall be discharged by the City 
Collector, and upon this Scheme going into operation the said State and 
County Collector shall pay over all collections for city and county taxes 
levied for general purposes, and for licenses collected within the city 
limits, as herein extended, and all county taxes for interest and parks, to 
the Treasurer of the City of St. Louis; and all collections for county and 
school taxes on property and licenses, except all county taxes for interest 
and parks, in St. Louis County, he shall pay to the present County Treas- 


SCHEME OF SEPARATION AND REORGANIZATION. 269 


urer, until the Treasurer of said county is elected, as provided for in see- 
tion 3; and when that officer has duly qualified, the present County 
Treasurer shall pay over to him all such collections for the use of said 
county, and from and after the time the County Treasurer of St. Louis 
County, as constituted by this Scheme, is elected and qualified, and during 
the continuance in office of said County Collector, he shall in like manner 
pay over all revenue collections, above mentioned, to the City and County 
Treasurers respectively. At the close of his term of office he shall effect 
a settlement with the city and county authorities, and shall account for 
all tax-bills placed in his possession, and shall turn over all uncollected 
bills in his possession, as follows: To the Comptroller all tax-bills on 
property within the city limits as herein established, and to the Clerk of 
the St. Louis County Court all tax-bills on property outside of city limits. 
The office of County Auditor, as it at present exists, is abolished, but that 
officer shall continue in office, and be responsible on his bond until all 
books, documents, moneys, and other property in his hands, or under his 
charge by virtue of his office, have been properly accounted for and turned 
over to the parties authorized by law to receive them. The assessment 
of property for the taxes of the year 1877 in the city as constituted by 
‘this Scheme, shall be made by the President of the Board of Assessors of 
the present County of St. Louis, in the manner provided by law; said Presi- 
dent shall keep a separate set of books for the property in the city as now 
constituted, and for that in the enlarged limits of the city. As soon as 
the assessment books for the city and for the enlarged limits shall have been 
completed and corrected as required by law, they shall be turned over by 
said President with the other books and plats of his office to the proper 
officer of said city. After the assessment books have been corrected, the 
President of Assessors shall make out a fair copy of the same and shall make 
an abstract of said books, showing the amounts of the several kinds of prop- 
erty taxed, specifying: First, the amount of all property within the old 
limits of the City of St. Louis, second, the amount of value of all property 
within the new or extended limits, and outside the old limits, and add thereto 
his certificate that the same contains a true and correct list of all taxable 
property in the City of St. Louis, so far as he has been able to ascertain the 
same. Said abstract shall be verified by oath and delivered to the Mayor of 
St. Louis on or before the fourth Monday of June, 1877. As soon as the As- 
sessor of St. Louis County shall be elected and qualified, the President of the 
Board of Assessors shall deliver to the said Assessor the books, plats, and all 
papers appertaining to the property of said county, as herein provided, and 
it shall be the duty of the Assessor of said County to assess the property of 
said county in the same manner as now provided by law for other counties 
of this State. 


See. 9. County Court to transfer public buildings, moneys, 
etc., to City—employes to continue until, etc.- Mayor may retain 
or discharge appointees of Court.—It shall be the duty of the present 
County Court of St. Louis County to see that all buildings, moneys, and 
other property belonging to the county, which are placed under the control 
of the city under this Scheme, shall be formally and properly transferred. 
Said Court shall cause all records, books, papers, etc., now in the office of 
said Court to be turned over to the Register, who shall duly schedule same, 
and report the same for inspection of the Mayor. All employees and officers 
now in the service of the county in connection with public institutions or 
otherwise, under appointment of said Court, and within the limits of the 
City of St. Louis as herein established, shall continue in the discharge of 
their duties under the present rules and regulations until notified to the con- 
trary by the Mayor of the city, who shall have authority to retain or for 


270 SCHEME OF SEPARATION AND REORGANIZATION. 


unfitness discharge such as he may deem necessary and to fill any vacancies 
that may occur, until the Municipal Assembly can provide by ordinance for 
the gov ernment of such institutions and regulations of such service. 


The mayor, under this section, had power to remove or suspend, pending the 
period of doubt as to the adoption of the Scheme and Charter: Howard vs. St. 
Louis, 88 Mo. 656, 660. 


Sec. 10. Title to public buildings, parks, ete., transferred 
to City— assumption of County i 
buildings, institutions, public parks, and property of every character and 
description heretofore owned and controlled by the County of St. Louis, 
within the limits as extended, including the Court-house, the County Jail, 
the Insane Asylum and the Poor-house, are hereby transferred and made 
over to the City of St. Louis, and all the right, title and interest of the 
County of St. Louis in said property, and in all public roads and highways 
within the enlarged limits, is hereby vested in the City of St. Louis, and 
divested out of the County; and in consideration of the city becoming the 
proprietor of all the county buildings and property within its enlarged 
limits, the city hereby assumes the whole of the existing county debt, and 
the entire park tax; and the Municipal Assembly shall, as soon as prac- 
ticable after the adoption of this Scheme and Charter, provide by ordinance 
for the management of the property and public institutions hereby placed 
under its charge. 


Cited in St. Louis vs. W. U. Tel. Co., 149 U. S. loc. cit. 469. Title to Sue prop- 
erty under this section passed to the city: St: 7oulsvvs. Ry... 4 Vow ieee O: 


The insane asylum is a private institution belonging to and controlled by the 
City of St. Louis, and is not included under the general statutes as one of the 
State eleemosynary institutions: State vs. Seibert 123 Mo. 424, 429. See Charter 
provisions as to insane: Art. III, Sec. 26, Clause 3; Art. XII, Sec. 5. Ordinances, 
Rev. Ge Sec. 747 et seq. 


Under section 10 of the Scheme the Building Com’r and not the Criminal Court 
appoints the janitor: State ex rel. vs. Smith, 82 Mo. 51. 


Sec. 11. Municipal Assembly to provide for payment of 
county debt. ic] ) 
provision- by ordinance for the payment of the county debt, and interest 
thereon, as the same matures, and in all respects said debt shall be consid- 
ered a city debt, and shall be transferred to the books of the city, and em- 
braced in all official statements of its funded liabilities. 


Sec. 12. City officers to qualify under Charter—election of 
Municip 
Until provision is made by ordinance for carrying out the provisions of the 
preceding sections, and until the officers provided for under the Charter 
framed and adopted by this Board are elected and qualified, and after this 
Scheme and the Charter framed hereunder go into operation, the present city 
officers shall qualify under such Charter, and perform all the duties and 
exercise the powers of their office under such Charter, except as otherwise 
provided in this Scheme and Charter, and under the ordinances of the city 
not inconsistent therewith, within the enlarged city limits. For the purpose 
of electing a Municipal Assembly under such Charter, an election for mem- 
bers of the Municipal Assembly shall be held at the same time as the general 
State election to be held in November, 1876, and the term of office. of the 
members of said Assembly shall continue for the same time and on the same 
condition as if the same commenced after the city election in April, 1877, 
as provided for in such Charter: Provided, That in case of a vacancy in the 
office of the Mayor, the present Comptroller of the city shall be authorized 
to act and shall act as such Mayor until such vacancies shall be filled as pro- 
vided in the @harter framed under this Scheme; and provided further, That 


SCHEME OF SEPARATION AND REORGANIZATION. 271 


all city offices, except the Municipal Assembly and such offices whose incum- 
bents are specifically continued in office till the expiration of their term by 
this Scheme and Charter, and all appointive offices of the city or of any of 
its departments, shall be vacant from and after the city election prov ided for 
in the Charter, to be held in April, 1877, and shall be filled by the officers 
then elected, and by appointments by the Mayor and officers then elected, as 
in such Charter prescribed. 


Sec. 18. Board of Finance and its duties—term of County 
Treasurer ceases, when—tax collections for school purposes— 
debts due County payable to City. ard of Finance is hereby 
created, to consist of the Mayor and Comptroller of the City of St. Louis 
and the Justices of the County Court from the Fifth and Sixth Districts 
of St. Louis County, whose duty it shall be, immediately after this Scheme 
goes into operation, to examine and verify the county indebtedness, as the 
same existed at the time this Scheme went into operation, on the books of 
the county, as to bonds and all other claims, and to ascertain and declare the 
amount necessary for the payment of the current expenses of the county to 
such time, and to ascertain the balance of cash, after deducting the amount 
necessary for the payment of such current expenses, in the hands of the 
County Treasurer and the source whence derived. And all collections 
made on account of taxes for interest and the parks, and that portion of 
said balance which was collected for general purposes within the extended 
city limits, shall be paid into the City Treasury; and that portion which 
was collected for general purposes within the County of St. Louis, as con- 
stituted by this Scheme, shall be paid into the treasury of said county; and 
the same course shall be pursued with reference to all moneys coming into 
the hands of the present County Treasurer after this Scheme shall go into 
operation. The term of the present County Treasurer shall cease when the 
Treasurer for the County of St. Louis, as herein constituted, shall have been 
elected and qualified. The County Auditor shall properly account for all 
school moneys for which he is in any way responsible to the proper author- 
ities, and all tax collections for school purposes, made either by the City 
or County of St. Louis for the present or any other year, shall be applied 
only to the support of public schools. All debts and obligations due or 

payable, or belonging to the present County of St. Louis, shall be consid- 
wae due and payable to the City of St. Louis; and the right to sue for and 
to adjust and collect same, or any part thereof, shall be vested in said city. 
The amount above ascertained for the payment of current expenses shall 
be paid in the manner provided by law out of the sum above reserved for 
such purpose. 


Sec. 14. Metropolitan Police.—The Metropolitan Police force of 
the City of St. Louis, as now established by law, shall be maintained at the 
cost of the City of St. Louis: Provided, however, That the Metropolitan 
Police of the City of St. Louis shall have the same power and jurisdiction 
in the County of St. Louis, as constituted by this Scheme, as now provided 
by law: Provided, That upon a petition of the County Court of St. Louis 
County the Board of Police Commissioners shall appoint and equip not 
more than twenty policemen, as provided in the act approved March 13, 
1867, for duty in said county. The cost of equipping and maintaining said 

; juIppings S 
police shall be paid by the county as herein established. 

Charter Provisions concerning Police: See Charter, Art. III, Sec. .26, Clause 2; 
(and see note thereto); Art. XVI, Secs. 16, 14; State law now controls, as to 
which see same ante pp. 174 to 182, ‘“Laws Applicable to St. Louis,’ Secs. 427-457 
and notations. Sec. 14 of the Scheme in so far as it purports to confer power 
or jurisdiction on the city police to act in the County of St. Louis, is superseded 
and annulled by the metropolitan police act of 1899, and the police force of the 


city have no authority to act as such in the county: State ex rel. vs. Stobie, 194 
Mo. 14, (Marshall and Valliant, JJ., dissenting). 


272 SCHEME OF SEPARATION AND REORGANIZATION. 


See. 15. Justices of the Peace and Constables—bonds of 
Constables and Notaries.—Until otherwise provided by law, all the 
present Justices of the Peace and Constables shall hold their offices until 
the expiration of their present terms, and only such Justices and Con- 
stables shall be elected in November, 1876, as may be necessary to fill va- 
cancies. All commissions of Justices of the Peace and Constables elected 
in the City of St. Louis shall be issued by the Mayor, and a record thereof 
kept by the City Register. All bonds of Constables, and of all Notaries 
Public appointed, shall be approved by the Mayor, and a record of the same 
shall be kept in said Register’s office. 


It being at first supposed that the adoption of the Scheme and Charter were de- 
feated, the act of the county court in approving a constable’s bond in the interim 
was validated by the de facto principle: Schaeffer vs. Bernero, 11 Mo. App. 
562, 564. 


Approval of Constables’ bonds: See Rev. Code, section 1506 and 1678. 


As to Justice of the Peace and Constables generally, in St. Louis, see “Laws 
Specially Applicable to St. Louis,” sections 173-204; also Rev. Code, secs. 1324-1328. 


See. 16. City and county surveyors. —The Mayor of the City 
of St. Louis, with the approval of the Council, may appoint any number 
of competent persons, being civil engineers, as City Surveyors, whose 
duties and powers shall be as now provided by law in regard to County 
Surveyors; but all applicants shall produce satisfactory testimonials of 
good character and competency, and when appointed shall give bond in 
the sum now required by law from surveyors in St. Louis County, and the 
County Court of St. Louis may appoint County Surveyors under the same 
restrictions. The present County Surveyors, commissioned by the County 
Sourt under an act entitled “An act to amend chapter 27 of the General 
Statutes of Missouri relating to County Surveyors,’ approved March 25. 
1872, may continue in authority and in discharge of their present duties 
in the City and County of St. Louis until the expiration of the commis- 
sions held by them respectively, and the said City Surveyors shall have 
power to execute in the County of St. Louis all orders of the Circuit Court 
of the Eighth Judicial Circuit, as they were authorized to do before this 
Scheme went into operation. 


Ordinances as to City Surveyors: Rev. C., Ch. 2, Secs. 235-238. 


Sec. 17. Notaries Public.—All Notaries Public now commissioned 
by the Governor for St. Louis County shall exercise the official powers 
and duties of such office within the City and County of St. Louis, as con- 
stituted by this Scheme, and the City Register shall keep a complete record 
of all Notaries acting within the City of St. Louis, and of their bonds and. 
the dates of their commissions, and of the expiration thereof. 


Sec. 18. Powers of Sheriffs of City and County—duties of 
City Marshal. iff of the City of St. Louis shall, within the 
limits of said city, exercise the authority now vested by law in the Sheriff 
of the County of St. Louis, and after this Scheme shall go into operation, 
all writs and other process which are now by law provided to be exeeuted 
by the Sheriff of the County of St. Louis, within the city limits, shall be 
directed to and executed by the Sheriff of the City of St. Louis. The City 
Marshal, after this Scheme goes into operation, in addition to the duties 
now required by law to be performed by him, shall, within the city limits, 
exercise the same power and perform the same duties as are now provided 
by law in regard to the County Marshal. And the Sheriff of St. Louis 
County shall execute all process directed or delivered to him by any court 
of record of the County of St. Louis, as are now established by law. 


Sheriff: See Charter, Art. 4, sec. 1 note; deputies of marshal and sheriff: 
Charter IV, sec. 14. Ordinances as to marshal see R. C., Chap. 13, Art. 5, seas. 
1329-1333: 

AS) to whether sheriff is state or city officer see note to Charter, Art. 1V, 
sec. 48. 


SCHEME OF SEPARATION AND REORGANIZATION. 213 


Sec. 19. Judges of Election for November, 1876—returns, 
ete.—The Judges of the Election for State and other officers to be held 
in November, 1876, and for officers of the city and county as provided 
in this Scheme, shall be appointed as now provided by law, and the same 
Judges shall act in the election for city and county officers at such No. 
vember election, 1876, and the returns shall be made to the clerk of the 
present County Court, who shall officially certify to the result; and in the 
event of any neglect or failure on the part of said County Court, or any 
officer of the city or county, to order and arrange for the election herein 
provided, the St. Louis Court of Appeals, or‘any Judge thereof, may cause 
the same to be done, and may in such event appoint Judges and take all 
other steps necessary to insure the holding of said election in the manner 
contemplated herein. 


Sec. 20. Public officers to assist in carrying out Scheme. 
—It shall be the duty of all existing officers of St. Louis City and County 
to assist in carrying out the provisions of this Scheme, so far as any of- 
ficial act is necessary for that purpose; and in all cases in which said of- 
ficers are continued in office under this Scheme, their duties and compensa- 
tion shall be the same as are now provided by law. 


Sec. 21. City may hold real estate in county.—The City 
of St. Louis may purchase, take and hold real estate in the County of St. 
Louis for the use of the city. 


St. Louis may hold property outside city limits, etc. Charter, Art. I, Sec. 1; and 
note thereto. 


Sec. 22. Salaries of judicial officers.—Until otherwise provided 
by law, the salaries of all the judges of courts now paid out of the County 
Treasury, and of all judicial officers not affected by the operation of this 
Scheme, shall be paid proportionately by the City and County of St. Louis, 
according to the aggregate of taxable values in each; and to carry out this 
section the Municipal Assembly shall annually provide for paying such 
expenses, and it shall be the duty of the County Court of said county, and 
a binding obligation thereon, to pay into the City Treasury annually an 
amount equal to the proportion of the expenses herein indicated; and the 
officers of said city may make any temporary arrangement necessary to 
earry out the provisions of this section, until the Municipal Assembly can 
regulate the subject by ordinance. 


Sec. 23. Tax bills on property intersected by city limits. 
Immediately after this Scheme goes into operation, the present State and 
County Collector of Revenue shall turn over to the President of the Board 
of Assessors all the tax-bills then in his hands that apply to lots or parcels 
of land which shall have become intersected by the new city limits line, 
for which bills the said President shall return him a detailed receipt, to 
be held by him (the Collector) as his sufficient voucher, against the corre- 
sponding tax amounts for which he may stand charged; and the said 
President shall proceed at once to make, in lieu of the bills received, new 
bills, whereon the amounts of taxes shall be separated in the proportion 
of quality and value of land, or land and improvements, respectively lying 
within and without the newly established city limits, to the end that the 
taxes distributable to the county and those distributable to the city shall 
all be represented by separate bills. The new bills thus ordered when 
completed by the said President, shall be by him delivered to the Comp- 
troller to be examined and stamped, and they shall next, with the least 
practicable delay, be returned by the Comptroller to the Collector for col- 


274 SCHEME OF SEPARATION AND REORGANIZATION. 


lection. The old tax-bills herein above named shall likewise be by the 
President surrendered to the Comptroller, who shall cancel them. 


Sec. 24. Authority of County Court conferred on Muni- 
cipal Assembly. iC] y shall have power within 
the city of St. Louis to do all acts and perform all functions not. other- 
wise provided for in this Charter and not inconsistent with its terms, 
which have heretofore been done and performed by the County Court of 
the County of St. Louis. 

Section cited: Kenefick vs. St. Louis, 127 Mo. 1, 9. 


Sec. 25. Admission to Poor-house, Insane Asylum, etce.— 
Until the County of St. Louis, as organized by this Scheme, shall other- 
wise provide, the County Court thereof shall be authorized to send the 
paupers of said county to the Poor-house, or County Farm, now in use, 
and the insane paupers of said county to the Insane Asylum now in use, 
and for the maintenance of such paupers shall pay to the Treasurer of 
the city the cost of maintaining paupers in those institutions, to be ascer- 
tained by the annual reports of the same. 


As to insane asylum see Rev. Code, Secs. 753, 747 and references in notes 
thereto. 


As to poorhouse see R. C., Sec. 773 and note. 


Sec. 26. Prosecuting Attorneys and Clerks of Eighth Judicial 
District continued in office.—The Circuit Attorney and Assistant Cir- 
cuit Attorney for the Eighth Judiciai Circuit, the Prosecuting Attorney, 
the Assistant Prosecuting Attorney, and the Clerk of the St. Louis Court 
of Criminal Correction, and the Clerk of the St. Louis Criminal Court, 
shall continue to hold their offices and discharge the duties thereof, as now 
provided by law, until the expiration of their respective terms of office, 
and until their successors are duly elected and qualified. 


Sec. 27. Grand Jury, how selected and ; 
this Scheme goes into operation, and until otherwise provided by law, the 
Grand Jury of the Eighth Judicial Circuit shall be selected by the Judge 
of the St. Louis Criminal Court from the City and County of St. Louis, 
and shall be summoned by the Marshal of the City of St. Louis. 


Selection, etc., of Grand Jury: See R. S. 1899, Secs. 6569-6570. (Set out herein 
ante, Pp. 1138 under “‘‘Laws Specially Applicable to St. L.”’ Secs. 171-172.) 


Sec. 28. Grand Jury, s of Grand Juries 
selected from the City of St. Louis shall be paid out of the City Treasury, 
and those from the County of St. Louis shall be paid out of the County 
Treasury. All payments shall be upon certificates of the Clerk of the St. 
Louis Criminal Court. 


Pay of Grand Jurors: See Rev. Code, Sec. 1335. 


Sec. 29. Costs in criminal cases.—In the criminal cases occur- 
ring in the City of St. Louis, in which, by the law in force prior to this 
Scheme going into operation, the County of St. Louis was liable to pay: 
costs, such costs shall, after that time, be paid out of the City Treasury, 
and in like cases occurring in the County of St. Louis, shall be paid out of: 
the Treasury of the County of St. Louis. 


Sec. 30. Petit Jurors—how selected and summoned—Jury 
Commissioner to continue in office.—Petit jurors to serve in the 
Circuit Court of the Eighth Judicial Circuit, in the St. Louis Criminal 


SCHEME OF SEPARATION AND REORGANIZATION. 275 


Court and in the St. Louis Court of Criminal Correction, shall, until other- 
wise provided, be selected and summoned as now provided by law, except 
that jurors for the said Circuit Court shall be summoned by the Sheriff 
of the City of St. Louis, and jurors to serve in the said other two courts 
shall be summoned by the Marshal of the City of St. Louis. And. the 
act to provide a jury system in St. Louis County, approved March 38rd, 1857, 
and the acts amendatory thereof, shall remain in force until altered or 
repealed, and the present Jury Commissioner of St. Louis County shall 
remain in office until the expiration of his official term, and perform all 
the duties now required of him by law. 

Jury Commissioner, summoning petit jury, ete.; See R. S. 1899, Secs. 6539-6570. 


(Set out herein ante pages 106 to 113, under Laws Spec. Applicable to St. Louis, 
Secs. 140-172.) Ordinance on Jury Comrr, see R. C., Sec. 1334. 


See. 31. Petit Jurors—how paid.—For all services of petit jurors 
rendered in the Circuit Court of the Eighth Judicial Circuit, they shall 
be paid out of the City Treasury, and for all such services rendered by citi- 
zens of St. Louis, in the St. Louis Criminal Court and the St. Louis Court 
of Criminal Correction, they shall be paid out of the City Treasury, and 
for all such services rendered in the last mentioned courts by citizens of 
St. Louis County, they shall be paid out of the County Treasury. 

Pay of Petit Jurors: R. S. 1899, Sec. 6562, set out herein ante peer 112, “Laws 


Specially Applicable to St. L.,’’ Sec. 163; Ordinances, see R. C., Secs. 1335, 2412; in 
police, COUrFt, .see .R. C., Sec. 1297. 


‘ 


Sec. 32. Collections payable into City Treasury—payments 
into County Treasury—appropriations by Municipal Assembly. 
—In all cases where, according to the laws in force up to the time when 
this Scheme shall go into operation, any public officer or other person 
was required to pay any money coming into his hands from any source 
whatever into the County Treasury of St. Louis County, and where it is 
not otherwise provided in this Scheme, or the Charter framed under it, 
such officer or person shall, after the time aforesaid, pay all such money 
into the Treasury of the City of St. Louis, at or within such times as 
he was theretofore required to pay the same into the County Treasury; 
and if no time shall be prescribed by law for any such payments, then he 
Shall pay the same monthly on the first Monday of each month, into said 
City Treasury, and shall take triplicate receipts therefor, stating the 
account on which such payment was made, one of which he shail file in 
the City Auditor’s office, and one with the Comptroller, who shall charge 
the Treasurer with the amount so paid; and the said Auditor and Treas- 
urer shall keep accounts showing the account on which such payments 
were made and the source from which the money was derived. All such 
money shall be applied and used for the purposes for which it was col- 
lected, or for which it is made applicable by law, and in all cases when such 
money is not set apart or appropriated by law for specific purposes, the 
Municipal Assembly of the city may appropriate it to such municipal uses 
as it may deem proper: Provided, however, That all fines, penalties and 
forfeitures collected or accruing in the County of St. Louis, or on account 
of said county or the people thereof, shail be paid in the manner and at 
times aforesaid into the County Treasury of said county, and duplicate 
receipts shall be taken as aforesaid by the officer or person paying the 
same, one of which he shall file with the County Clerk of said county, 
who shall charge the Treasurer with the amount so paid, and such money 
Shall be appropriated and used as it is or may be provided by law; and 
provided, further, That if any public officer or other person shall, at the 
time this Scheme goes into operation, be in default in the payment of any 


276 SCHEME OF SEPARATION AND REORGANIZATION. 


such money into the said County Treasury, he shall immediately pay the 
same into the said City Treasury in the manner aforesaid, and the same 
shall be disposed of as herein provided. 


See. 33. Power of former County Collector vested in 
Sheriff of County.—All powers heretofore vested in the Collector of 
the County of St. Louis, and all duties required to be performed by him 
in reference to taxes on property situated outside of the limits of the City 
of St. Louis, as enlarged, and in reference to the sale of such property for 
taxes and the redemption thereof, shall, after the election and qualification 
of the Sheriff of the County of St. Louis, as provided by this Scheme, be 
executed and performed by such Sheriff; and all deeds for the sale of land 
for taxes made by him shall be acknowledged before the Clerk of the 
County Court of St. Louis County. 


See Webster vs. Smith, 78 Mo. 163, 165. 


See. 34. Authority of municipal assembly as to revenue.— 
The Municipal Assembly shall have power to enact all ordinances that 
may be necessary to carry into execution the laws relating to State, county, 
city and other revenue within the city of St. Louis, as enlarged; and such 
powers asvyare now vested by law in the County Court of St. Louis County, 
or the Clerk of said Court, or the County Collector and Auditor, may be 
exercised by such tribunals and officers as may be provided by ordinance. 


See. 35. Regulations as to animals running at large. 
It shall be unlawful for any domestic animal of the species of horse, cattle, 
mule, ass, swine, sheep or goat to be suffered to run at large, by the owner 
thereof, in the City or County of St. Louis; and if any such animal be 
found running at large in said city or county after this Scheme and 
Charter go into operation, it shall be lawful for any person to take up 
and restrain_the same forthwith; and such person shall, within three days 
after so taking up and restraining such animal, give notice thereof to the 
owner, if known, and thereupon such owner shall pay a reasonable com- 
pensation for taking up, keeping and feeding such animal, and for damages 
actually caused by such animal. If the owner be not known, or fails ‘to 
make such reasonable compensation after being notified, any animal so 
taken up shall be deemed an estray, and may be proceeded against by the 
taker up thereof, in the manner provided by law in regard to strays: Pro- 
vided, however, That this section shall not be so construed as to prohibit 
any person from driving, herding and guarding such stock upon the unin- 
closed lands belonging to said County, the State, or the United States. 


See note and references to Chapter 2 of Laws Specially Applicable to St. Louis, 
Secs. 4-11, ante pp. .79-81; and for ordinances see R. C., Secs. 1576-1578 and notes. 


Sec. 36. School districts intersected by city limits.—In all 
cases where the limits of the City of St. Louis as herein extended, include 
a part only of any school district, the following shall be the mode of ad- 
justment as to property held by or for the use or benefit of such district: 
First, where the part of such district, included within such extended 
limits, contains any school-house or other real estate belonging to the 
district, the Board of President and Directors of the St. Louis Public 
Schools shall pay into the County Treasury of St. Louis County, for the 
use of that part of the district not so included, such proportion of the 
valuation of said school property as the taxable value of property in the 
part'of such district not so included bears to the taxable value of all 
property in such district, as constituted before such extension. Second, 


SCHEME OF SEPARATION AND REORGANIZATION. 277 


where the part of such district, not included within such extended limits, . 
contains any school-house or other real estate belonging to the district, 
the inhabitants of the district not so included shall pay to the Board of 
President and Directors of the St. Louis Public Schools such proportion 
of the valuation of said school property as the taxable value of property in 
the part of such district included within the city limits bears to the tax 
able value of all property in such district, as constituted before such ex- 
tension. The valuation of school property mentioned in this section shall 
be made by arbitrators, one of whom shall be selected by the Board of 
President and Directors of the St. Louis Public Schools, and one by the 
Directors of the school district affected, who, if disagreeing, may select a 
third; or, if unable to agree on the selection of such third arbitrator, any 
School Director, or member of the Board of President and Directors of the 
St. Louis Public Schools, may apply to the Circuit Court of the Eighth 
Judicial Circuit to appoint one. A report of the valuation made by such 
arbitrators, or a majority thereof, shall be filed as soon as practicable in 
the Clerk’s office of the Circuit Court of the Eighth Judicial Circuit. Any 
money to be paid to the Board of President and Directors of the St. Louis 
Public Schools shall be provided for by the assessment, levy and collection 
of a special tax on all taxable property within such districts not so in- 
cluded. 


See. 37. School property transferred to St. Louis public 
schools.—All property, real, personal or mixed, of every kind and de- 
scription, and the evidence of title thereto, now held by the County of St. 
Louis, or by the County Court of St. Louis County, in trust or for the 
use of the inhabitants of township forty-five north, of range seven east, 
for school purposes, and all such property, and the evidences of title 
thereto, held by any public officer for the use of any school district in 
said township, or held by or for the benefit of any such district, shall, as 
soon as this Scheme goes into effect, pass and be delivered to the Board 
of President and Directors of the St. Louis Public Schools; and the title to 
any and all such property shall, by operation hereof, vest in said Board. 


School property is now controlled and vested in the Board of Education of St. 
Louis: Rev. St. 1899, Secs. 9919 e¢ seg. set out in “Laws Specially Applicable to 
St. Louis,” ante p. 191, Secs. 499 et seg. As to Charter provisions see Art. XIII. 


Sec. 38. Enumeration of children within school age—divi- 
sion of school, property.—The Board of President and Directors of 
the St. Louis Public Schools shall, forthwith after this Scheme goes into 
effect, cause an enumeration to be taken of all children within school ages 
within the limits of the City of St. Louis, as herein established, and the 
County Court of St. Louis County shall cause forthwith a similar enumera- 
tion to be taken within the County of St. Louis, outside of the city limits, 
as herein established, showing the enumeration in each school district and 
fractional school district separately, a correct report of which enumeration 
shall be filed by said Board and said court respectively, in the Clerk’s 
office of the Circuit Court of the Eighth Judicial Circuit, within sixty days 
after this Scheme and Charter go into operation. So much of all property 
of every nature whatsoever, and the evidences thereof, belonging to the 
school fund of St. Louis County, or of Congressional townships affected 
by the extension of the present city limits, as, according to such enumera- 
tion, falls to the share of the district lying within the limits of the City 
of St. Louis, shall at once pass and be delivered by the County Court of 
St. Louis County, or public officers in charge thereof, to the Board of 
President and Directors of the St. Louis Public Schools, and the residue of 
all said property and the evidences thereof shall pass and be delivered by 


278 SCHEME OF SEPARATION AND REORGANIZATION. 


the present County Court of St. Louis County, or public officers in charge 
thereof, to the proper authorities of the County of St. Louis, as constituted 
by this Scheme. From and after the date this Scheme goes into operation 
all public officers within the City of St. Louis shall account for and pay 
over to the Board of President and Directors of the St. Louis Public 
Schools, all fines and penalties and other moneys collected within said 
city, and heretofore payable into and forming part of the County School 
Fund of St. Louis County. 


Distribution of school funds on separation of city from county see State to use 
vs. Rechtien, 7 Mo. App. 339. 


See. 39. Expenses of board of freeholders.—AlU claims for 
the printing, clerk hire and other expenses of this Board of Freeholders 
shall be made out and certified to by the President of the Board imme- 
diately after the adjournment of this Board, and such claims, so certified, 
shall, as soon as this Scheme and the Charter framed thereunder are 
adopted, be paid by the Treasurer of the present County of St. Louis out of 
the general revenue of said county, and such payments shall be allowed to 
said Treasurer in the settlement of his accounts as provided for in this 
Scheme. 


INDEX TO SCHEME. 279 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


IND EXe Os @ reve. 


ABSTRACTS— SEC. PAGE. 

MeASseSSianty DOOKS meth. LOTL Ne Wi GOUT CYyra «as cree ake) el alee Gua 8 268 

Off asSsessmiGn EA COMDEMSW.GOEIUN LOM te alatelac se siatarcfets atc atic shel cle latela ona 8 269 

Gieassessmentroclivereds to May Oe WGI ier. e eviclsens.levsleree 2 8 269 
ACT— 

Ssta pusher yy SV Stein COn Tema ininnieTOrGewd < cise alae clare ove 30 274 
ADMISSIONS— 

to Poor House and Insane Asylum by County Court....... 25 274 
ANIMALS— 

BUNMINS ea Le LAL SOR O te DLO TCOO susie cs el ade. tiehel eich cha Res ttlsy athe. oar 55 276 

running at large of, on uninclosed public lands excepted... oD 276 

talking eu DmAndMrest rain CROMmaAsLY A Vi. Seas itm siete chett). AieNegs beat B 35 276 
ARBITRATORS— 

for valuation of school property, how appointed............ 36 276 
ASSESSMENT— 

OLee LEX OS at ODM hil LOW 1 Ite CLemmlca eur Camdete cet erc net ene. Lear aie tad 8 269 
ASSESSOR— 

Cie OMMCy i RWG MOR GLOCEC Olt ete ei Mcrae mi aiets icv ene Cmte Rete AND tales tale crane 3 266 

OtPeCouncy stOmDer SOVMEELNCOU DV ON eral aiwicteieaetevs.c)s shes crete 8 269 
ASYLUM— 

£0 Laat See CCAS. CLEC Gant: at Gal CY ices asortke here dercre Web verte ei oc le tevehel iol tronele 10 270 
ATTORNEYS— 

See Circuit Attorney, etc. 
AUDITOR— 

OTe LoOnmimnersWOount yer OLNCE TT aAUOLISH COS cts ne cree torre een siete a ev eetete ts 8 269 

of former County, to turn over books, moneys, etc......... 8 269 

of former County,*to 2ccount, for school moneys... 4. 0s Sao: 13 rat 

of City to keep accounts showing sources of payments..... 32 275 
AUTHORITY— 

ie OUT tayaes CO UT Came LLL CC ei evenaier tae in cmetar coca Seebet al ot Shere te. or one: 'ss see ve 2 266 

HievViantOte aVelr apDOllLecs 70 Ee COUNT Yar COM tre asters «eyelet ser: 9 269 
BALANCE— 

Oi Casha ie COUN TLeCAsurys vw NOWs CULV LOCO. acta stone cher, ive sis anes a UB 271 
BOARD OF FINANCE— 

Oa HOME COMDOSCU cae teersotriat eer eaciencteker ckebeteteh sl ches Sie vehi ore) ciel ay fh aiPeh'e 1: 21 

ERO RAS OS PA rien eh RET OTE Om eget RCO RL CRORES BUCO Ut CA CREME © een cles als: 271 
BOARD OF FREEHOLDERS— 

BL VCUSOte O bees UO Wat DLO at tver ee eects aceetolatarel Watwie or oreta ee oi acates ot ait ae « 39 278 
BOARD OF POLICE COMMISSIONERS— 

LORD DOINUESDSGC A leLoreey fOr COUNTY,» WiOGM nal.-a site cic crs are ote, 14 271 
BOARD OF PRESIDENT AND DIRECTORS OF ST. LOUIS PUB- 

LIC SCHOOLS— 

duties of, in relation to division of school property........ 36 276 

AVL DUO LL ALT LUG LOLs shes roids oe tise traf etnte ce Giifate coals idea ela ictw eats 36 277 

may apply to Circuit Court to appoint arbitrator, when.... 36 CAE CES 

title of school property to be vested in, when.............. ot Pog oa 

So OroecraGnumeration: .OLLCULLOTOI W OCI: teeiccedes ic oie wanes 38 277 

to receive school property within extended limits.......... 38 277 

public officers to account for all school moneys.......... 38 278 


See Public Schools. 


280 INDEX TO SCHEME. 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


BONDS— SEC. PAGE. 


of ‘County .ofiicersa to, bes fixed iby Courts... be. aoe 3 266 
of (Sheritt tof sOirty wee eee ee Ss Sh e- die. codons ns eel ae ene eee 5 267 
Of COoronerVot sCit Varco ent lois oicese chee c eikhet in. ee ee 5 267 
OL TPUDIICRVAAMINIS ChATO TMs tere cheese eek 5 corer eee ete ae] er ae 5 267 
LOMDERADDLOVEOLD I MAY OL WileGD rele cies cists «ee teeter hs nein eee 5 267 
towpe filed with City SReESisten When a. occ. ku chen etn aia ieee 5 267 
of Constablestoy becapproved bv Mayor. se -cus + aie cece eee aS. Bie 
BOUNDARIES— 
OL City’ COT BSUS LOUIS rier rerete ten eee ters eens siete ae ele ee eie eee eae omen il 265 
Of County 2OL cSt plomiSmnNGiGaAved seer tie ccc bicelles iiere oat anemone te 1 265 


CIRCUIT ATTORNEYS— 


LOT CONTNUCSINMOTMCe wih Ieee Carols CELTS» ce) felt nie ceie tc hele aneetete 26 274 
CIT Y— 
GQeclareds Separated seELrom mGOUN Uys nee cc ore eerie re ceetoieht cite ate 2 265 
OL1necssdeclaréedwiva Gan cater OmeAD Tilo at mutt eek cnenenet sie eee eae tencie en i Mp’ 270 
OLficersvot tOmdualit VaeuUnGermG la tcerie - tier 2 che inne a remeron: 12 270 
OLAGCErsS SAUtICS OLS cae eecse ce Cees pe eae: One ie Nehnlier eters one ener ats 12 270 
riShteto SucmtOreadebtssaduceuCOun Uy cs sere et em eren et ee iter ye Ws: 271 
OLfiGErS) LOVASSISUMINECALrV INE TOMES GHEMIG i esis eis ie neers 20 Dkees 
mayepurchase and hold nealwestates in wCounty wa eer ieee 2: 273 
to. pay salaries of judicial (officers proportionately «ooo 22 Bile 
temporary arranzements to spay) Such VSalaries ecu. oe acer s 22 243 
CLERKS— 
OL eCOUNTY aA COUMt a WienseLeO CLC. pit. pcre. Miah aeeeertase maetets 3 266, 
-of County Court Clerk to be ex-officio Recorder of Deeds.. 3 266. 
of Countys Courtuto certify result, ofmelection ws wilGlie sees 19 Zoe 
CfPOrimninalmCOULt sCOMt MNwed tert OL 11 Ce cae cine lose sit Ab ious en eneue tenets 26 274 
oLfsCourntlotsCriminalsCorrection continued y 1 eOLiGer ra unio 26 274. 
COLLECTOR— 
of City to discharge duties of former State and County 
Colle CUO Pr mere searcher eeeete reer eae eed se os he en ne Fie eee ee 8 68 
duties as to tax-bills on property intersected by City limits Ze ole. 
COLLECTIONS— 
OPLDUDILCTMONSYSELONDeEDaAlGINLOMe1 Ly Ereadsillva ey Renee oe 32 215 
of public moneys, payments to be made monthly........... 32 275 
of public moneys, triplicate receipts to be taken........... 32 275 
COMMISSIONERS— 
to determing toount ty seatets so: sue ce Sats net eicae Cee 3 266 
COMPTROLLER— 
tom actease Ma VOrEeWiIlell ce se: oath ec caesar eee ee 12 2704 
Memb ernO te SOAR MO Tee TLAIlC Ci cncte a. neice Siero een Ty cee ae ee ins ral 
TOMEXAMMEe, cn Gas LAT Dm take OLMIS seca eeeaee, eco eee ae eee are 23 Dn ie 
tOUnCEN Cel ROAM tax Dill Skis aioe sir aeuet cious cute isis ene Rome ee ene ee 23 274 
CONSTABLES— 
uu tor -County a whenrnelected S.5 saith ee ee eee, 3 267 
CoO VHOlALtO VEN. VO EREST 1S Fe Bie ees ei cicue ieoene! oo mrerer een sae ee owe toner ae IU Bia 
Vacanclesstonbpe miuecdeineNO Vem Der Si Olena tiene ae ies PAT Ap 
those elected in City to be commissioned by Mayor......... 15 Zitie, 
HDONASPOlsetoOMperaPDLroOVved ebive MayVOl nse ene eee ali Qe 
record OL DONGS EtG Abeakepttpyu ReSIStehneee tee eee pee eee 1 bie 
CONSIDERATION— 
byAGilveatormuransteraOtmeGounitys DLOD CLE ak enor iene et neeeene 10 270 
CORONER— 
OLE COUN EY DEWOEN= CICCUGG iit ches aust eee ccei Pe eee ee 4 266 
OTACi ty, wwiteneeleCLe din! tu. bi.ts cit hocks Rice e oe Co eee ae 5 267 
bond or eto peri xedaby .MunicipalimA Sssenmibliy -iaciie one aeee ee 5 267 
Of City sauneSsmaniGdscompe»nsa tlOn lO nea ee inne then aren oe 5 267 
OfeCity, stohdischarse- duties sof (Sneritie witem wees ae ee 5 268 
CORPORATE LIMITS— 
Of ECT NOSE hid os. aiers 5.4) ee CRS wl ete een ae eee 1 265 
COSTS—' 


in “criminal cases: -DAW DALAL. cis ac ccc cue caer ee ae eee et x 29 274 


-INDEX TO SCHEME. 28T 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


COUNTY COURT— 


SEC. PAGE. 
CH dutete hate Core armen maaicae pr xakbwery et: Malia bUC K-60 S Mm mehr wero 6 cate eine 2 266 
DU Wotow (LUCIO Same UC ae aelirttetes sa ate lake a ei etel Wal chs teeher a) cack cttates tives elerers ns 3 266 
OMS WE COU CY MES teIneOClIle Ol ceca. crctetodeter tla siaccde. 9 vavehe lo fiers. oles 3 266 
MaunerOLascClOoClin ew SSatO le RIS LLCO. aetyte ee tka enereka mate aa epee: « 3 266 
Oi erOrimersColiiveLOLoraocr  Glecltion ss WHC; 4 a7eikie oles sles ole 4 267 
of former County to continue in authority for certain 
DLE DOS Ga Meee a crates re catct ereet te a ee aie crak alec kinrie ne Ad Otek dhe ern ereteter cle the 4 267 
of former County responsible for property until transferred t 267 
of former County to transfer buildings, moneys, etc., to City 9 269 
of former County, to transfer records, books, etec., to City 
FLOSS Cee eee eta crore decane coe tena ede Gc fa oa sus a ae alee sce» 9 269 
GLanevwecoUltemIna waa DDOLNG SUPVGVOLSkrcte.. ln 5 vc ct ae cei 16 212 
of new County, to pay proportion of salaries of judicial 
COLT COL Ome Wet iet ao tre a wee a, auc Oraane eae etere ls We ckstetae aia e toe ele. co hmGhes 22 2he 
of new County, may grant admissions to Poor House and 
LTRS ULE ULTY Mi ret ft hors) Ci iteeney aoe URL istaiies e emaiatet cle hn cites’ acaneeahy Miata cy 25 2714 
of new County, shall pay for maintenance of paupers, when 25 274 
COUNT Y— 
SECT Se). Vy LLC Tae LOGUC Clie tet aul atew ate te) eienet a ete) ome oh kee eRen er oie ee sie) Geene la aie 3 266 
OLUGeCSsnOted UL tieSranGmtOnmd “OleOle es mote siecle <lt oie ldus ine oS 266 
Aivicedeintom twW.Onm) UOLGIALVOIStPiGUS ccs he oii slarte oc lale)> ae.ckals c- clone 3 266 
CUVvIdGeOM IMO ML WOE Lepresenta tives GISTRICGES i. us. a+ cc eer oles ala: 3 266 
Marshal of, to deliver property, etc., to City Marshal....... 6 - 268 
UC COME O LitcemsOL mn LO OLISN OG ia sea suisse se cele sic! aisle, erence Quelthe w 8 269 
PARC LEE TISTCLE OO LOMO LEY rie Bee fe 'ctute x ceats est ereie © aie, Miata te te al hie 10 270 
KV, Cues LSE hebaakevek aonice MOMMA Albina oe o coche Oe Goose Gauic OiD.o.m ME CLemG tee 10 270 
Hebiate ver cons1derecdmaae City MOCO este elec, tenets o)4, 5 aves te lee = lat 270 
dept tOlpemtranscerred sto. DOOKS) Of Git y aesen so tlons severest sie cy tet ss a 270 
Auditor of, to account for school MONEYS. ..... eee seen ate! 271 
debts and obligations of, payable to City.... Ls Be ce cae 13 271 
rights to sue for or adjust same, vested in City............ 13 271 
ofacers of (to assist) ingcarryinge out Schemes wi ceils oom. 20 273 
compensation of officers of, to remain Chan Sd sores ere 20 Qhio 
COURT OF APPEALS— 
may appoint judges of election, when............-.+..2+---- 19 ilies 
COURT HOUSE— 
Era ShOCLS GetOn. GLU Vara a home taal rat erlev et ref epee riser stalin ets) aieWeulst fs she) s.c> 10 270 
CURRENT EXPENSES— 
of County to date of separation, how paid................. 13 Pagia 
DEBT— 
ot County, assumed by City i... ices scene ete eee eee 10 270 
debts due to former County payable to City............... lie? arial 
DISTRICTS— 
two judicial districts established in County hi GH Vices ae eee 3 266 
two representative districts established in (OUMUCY: ae ceaa arenes a 266 
DUTIES— 
OL COUnby. | OM CELS ae ae ator Riera ea ee ae 3 266 
of City officers, after adoption of Scheme................. 12 270 
ELECTION— 
BEPOOUUTY) OLLGOTS oor: aie woo ete o son ea yetus weaken Mele) aided aed kes oh a ots» 3 266 
of Justices sof County .Courtes . 0% fics carta on ee mis alee ese 816 ape os a 266 
+HMIGOTErInINnemCOUNTy | SCabsc sas. seat ances Sc cee Arana oe 3 266 
for Justices of the Peace and Constables in County......... 3 267 
TRENT EIN DCT. ALL S.G2) LO WO OCLC stare tapeter ents sl cl enolate) accra siey'ei sas 4 267 
ROTM NE nite Ole CALL Y se ey retorts ake et ao Cie coer reals rast tt oie ons we reel ws 6 sir 5 267 
TOGO OLONGI EO te Cl LVic. stu tole ene sts be eee eee een eee r ence eeeees 5 267 
for Public Administrator of City. 2... 2... Se on ee 5 267 
in November, 1876, judges of, how appointed.............. 19 273 
Pet WEG, WOES MEGS. 6 acces ais cles a MWD Slee aR ele xk ewe oie seers 19 a3 
ENUMERATION— ® 
of children within school ages to be made, when........... 38 PAE te 


282 INDEX TO SCHEME. 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


F 


FINES— SEC. 
tor. be wpaid into: County treasury sew Wenner ce .itatcisiags ae 82 
FORFEITURES— 
to) beupaid anto County streasuryes wiletierire sieiserie ern icine ion 54 


GRAND JURY— 


how: {selected Va ndssummMmoneds ieee cic me eiaia oe Lieu caehoneucneteis hele at 
HOW? “DAI! eek ea sdecde loleteke vege, ice ates enews Meee ade de Vere Ber Manat, ch. marca 28 


INSANE ASYLUM— 


See Institutions. 
INSANE PAUPERS— 
AGMISSION tO WASV. LUT Ye UC e ceca ress ti vetoed othr eae tte tenets ace ene eee 25 
INSTITUTIONS— 
Municipal Assembly shall provide for maintenance of....... 9 
Count nstitulionsetransterreds toe@ity. ae, ote ee emer ena 10 
Municipal Assembly shall provide for management of...... 10 
Insane ASY1IUM 2.252225 6 ete ee ce ee tee ee eee reese nine ne 10 note 


J AIL— 
Transferred Meow CVA mutes heen wun Cee le tencde eueue iets ged ins Sate bcc Nemes SreTI Mee ame 10 


JUDICIAL DISTRICTS— 
established *ofaints County tear as ete eee eee ee eee 3 


JURY— 


See Grand Jury. 
See Petit Jurors. 


JUSTICES OF COUNTY COURT— 


membersvofimMew Court wHenmelectedswu.k.. eee 4 
POW ELS AULIES HO LG Wuhan son imeysi mada St tiebolorenest tvelenue merce ae eeemene ee 3 
PresidinesJuUsticemtombperelected gatwlaraetc cise eee ene 3 
Mannerzor IScleclin SPScatwo ts jUStIGG. scrote oe ee eee ene 3 
members from the fifth and sixth districts to act on Board 
OLVAMIN AI COMTI anal raterdo eeTs este ters heros eveu'e ie nite ago etal seen adc ee an te ibs 


JUSTICES OF THE PEACE— 


Justices sinsCounty se wnen selected fees eee ee ee 3 
tol holdwuntileendVoratenm sic. + 8.2. ia cher me ce ence ee eee 15 
Vacanciessto DemlucayNOVEMbDer.s [S76 a oni mite eee 15 
those elected in City commissioned by Mayor............... 5 


JUDGE OF CRIMINAL COURT— 
tO GSCLSCT UG Mam Cl Bayar ects erica als ec eke ieee aa Mist orig Pe cle accy can te pan 27 


MARSHAL— 
Of [City pton assumesautics ofietGw ya see eee nee 6 
OLS CountymtovdecliverepLloperty,netG. annie eae ene 6 
Of. City Spowers OL within City) limits awn. eee en eee 18 
of City. tol summon strand Jurys aire rcs ae eee 27 


of City to summon petit jurors for Criminal Courts........ 30 


bo bo bo bo 


ee es 
Sori 


270 


266 


268 
268 
272 
274 
274 


INDEX TO SCHEME. 983 


z Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


. MAYOR— SEC. PAGE. 
LOPOriai Clacton OF, Certain MOLEC Geri ws of cate ee eres sicko 5 267 
Lona roye DOU OL COTtA ln OTHCETS i). Geel aitdbe ee Se en 5 267 
to retain or discharge appointees of County Court......... 9 269 
SROs ta 'OLNCe Nowe Lead oa chad od ie, aid Behe Shi bs ea wes 12 271 
MEI HOL COL SOA OG Oly EITetl) COmaat et nig Stabs e cs ciclo ete han ek cata Ee GL whe 13 Pt 
LOSCONIMISSION LouUsticess Otuther Peace when. ~.. aoc weak Ub vad 
LOMOGBIDISSION: CONSLADLES eWHleMm hile anes ee ee re, eae ee oy 15 272 
LOe A DDLOVe. DONGsSyOfaCOnStADLGSH ip ue rs at we: cian Set eee aoe ie) Te iS 272 
LOSADDLOVGHDOnGSs OtF NOtALICH FE UDIIG ron a, ee ee U5, 202 
LOSADDOLIL TC Liye OUT VOW OL Sms Beemer oer es A Tent) oy fog Sam Ore 16 212 

METROPOLITAN POLICE— 
See Police. 
MONE YS— 
to be applied only to purposes for which collected......... ag 21) 
MUNICIPAL ASSEMBLY— 
TOMI Xe OL TH CLA LE DOTS emi ater ata telci errant Cte lee aL aroedy ete un ee chars 5 267 
LOU DLOVIGG LOL SOVeErnment Of iInstitutloms, (6G. ue «0 ciek se se 9 270 
LOSDLOVICes LOL Dayne crOh Count IOeDteenre wo soe feiss. hie amo. 11 270 
EVA CCROTIRIC CMe Vane ik ye anon Gretta ee eee Pere heia oe ce eR Gat cto, Bury PPE 38 © oe 12 270 
CET tame DUDOES acide rien tebters ont teats aie, stale aa atatatte rcrclind ake wanes wis its 270 
LOPE xercise: DOWELrS Ol LOrmMer ©OUNt we COI Ce weiss onto cnc) ie 24 274 
TA Vee DD LODMALECwEINON CGY Sirsa want gamer Weicts 18 helen vances SS eye het sn ae 32 Ze 
NAWeLecOmGLEAler Cll bUNALS ROL Gian auae sic sct aes os ieee ak Lene ore ed ouee 34 276 
DOWSLSeLOSDASS She Ven We LOrGliT al COS. a scdicn cues stanbalaiee feed elas 34 276 
NOTARIES PUBLIC— 
HOMO Seco oee st PLO WeCan lvl Ol” Aor ane iler kp ous eleietay ome cialis & Geeta! ay ie 
NECOTAHO LEADON ASstOMDeAkeCOU DY ec ReLISCEI sie cm elise ee 15 272 
those now commissioned to continue in office.............. ali 212 
LOMEXeErCISe,OLiClala pOWweLs \ineGity.andsCounmty.. soe. oc. ibyé Gs 
LeCOniEeCOMDORKC DEL DY RECS ISLEM MeOlCnn. ainmiatrnte cnlaeie ont teodere ise 17 272 
OFFICERS— 
of County, Wy ETRE LOE eh tig mae RE de ve Na tere ook 5 266 
Ofe Cleves when elected fiiiu. aap Acctonesy - seq vehe ane elie tans te, net oi esoen OIA 5 267 
officers and employes of County Court subject to Mayor.... 9 269 
LOMAUSSIStHAN ECAELVAN SCROUtIISCNE ING reraceer cits ond cae etohe raneharce ene Siete 20 273 
dues and compensation unchan eed Wels scree cia cic bie ccieere 20 213 
LOS Daya COMLEGCLION Sa WCOme LEvarLCe ds UR Vaerwete tote. uate che aroun + aiel 32 275 
INROeLaAULeCMtOMCOUNLYM LOM DaAVelllLOmGd CY eEeCaAaSULView. 2 td celebs 32 275 
Powel OLelesis! so tuGcestom ChANSERTCTINS WO Lacie maven 56 cle shercore sy ane 38 note 267 
PARKS— 
CLOMS LAL VO STuUChE Ont CSie re Wie wiste she % 1, wh thmietere etal sae tee ee eld #0 hd tie och sas 10 270 
ASSL PLO MeO La parietal ke OV tal L Veen etaersbe lcucbatte ls ce hates a>) o.'er etal les Pa 10 210 
PAUPERS— 
CA COURLY: MWiLeL Gur SOll tow anand A a crareteee emer rcs UHOR. GRA cme autre es be te 25 274 
PAYMENTS— 
jlraig Vo Ostia OU Nrge ts KAU Wee ica eacare ehTe eh Cr-1 coments Bee ORCS OCR Arkh Seeee We 276 
PETIT JURORS— 
HOWeeseleclted, .AlLOe SUMMONED wares Ne ote Oe PAC aie ticehp ve iece Site a hee 3 274 
fOLeGiIrcusit sCOULC LON pO SUMMONEGG DY as Ueritl ca. cs ee om ate e yas) 
for Criminal Courts to be summoned by Marshal........... 30 275 
TO Wee DG. LOM eek) storey ene Daweyat clarke chunen ect VRE AN CRRA PDL On mete aicte ok cy Wet ecw al sere 3 2. 
PENALTIES— 
DAV ADLes LORCOILN GY BUPOASUry.. WGN a tends wer tel. create oye’ elehsl es 32 PAL AS 
POLICE— . 
Ce ale eee td Wee TL VLT) Go TL Cy cterore revel aha a Anode sence ohn vee ths eile ce eit tail 14 ZL 
HPoOVereandan tris CLlO nel Me COUNT yon. pai aenet ae slate rbere etek, ov ob ata 14 271 
BUSCA et OLrece Ore Ollie We OILLD DOC aie oie sivis ls ele he 6 one ere lela plete 14 271 
COLNE BETO: Wa DELL ard at aieieto Site ats toetersbetel Scie ches ole esl elute es 14 271 


284 INDEX TO SCHEME. 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp 225-256. 


POOR HOUSE— SEC. 


transfer of to "City oeea . cle cee eae eee eae ee en teterer 10 


PRESIDENT OF BOARD OF ASSESSORS— 


déclared ‘ay City? tOfficer en aerc tne whe ue he ae nee tat Gai eae ete 8 
tor divide bDooks#and plats nero een een ee iets re eet area 8 
tov mak ena bstracts., wh Mec seo rele cin coe ecu eee aens Cite al ete reer 8 
to deliver books and plats, etc., to County Assessor........ 8 
shall sma kenassessments Lore Sic creator tee eee ener ie eer eons 8 
to. Separate’ tax books. Lorsold sana anew, ellmiits reer eae etre 8 
to turn over assessment books tos City officers... see 8 
duty as tovtax hbillsvintersected Pe bysaCitiyelimt tsetse ein nels 23 
PRESIDING JUSTICH— 
or County to be elected atularclen as. see sence eee ee eee 3 
PROCHSS— 
tobe directed {to where ote City; awillelleec meetin ieee nce eer 18 
PROSECUTING ATTORNEYS— 
Of a bighth )udicial? Circuitecontinued sin O1nGerc ree eee 26 
PUBLIC ADMINISTRATOR— 
ofa County? when elected ecw eccentric eee ee eae ears eee 3 
of. City; >whentelected saat acaricides monet eto erence cate recente 5 
bond of, to be fixed by Municipal Assembly ae tenets caroline: Se stieterats 5 
duties and COMPENSALION Of Acree are eee oeeen cere ba cteta ouckote ste tere 5 
PUBLIC BUILDINGS— 
bransféer gota to) Gity. cee cute cee ee ene ene eee ie re ete eee 10 
PUBLIC SCHOOLS— 
revenue “SCCULEC. We Gere eo cite ea tere leheaser eke enema eo eae teinrsts 13 
districtyintersectedap yi ty. cae cae ce eraeeeneled er eerenes cee erences 36 
DLODSrty SNOW adUSCCCm eee creer » CREE ERA Ree One Aarny eae es a ake ks 36 
Valtiation sto DeamadeeDy sa TOLlra LOLS merece ee ernie Core 36 
arbitrators) tho wrssclected s.r peice eee ice erie ieee eee 36 
valuation, to. pe» reporteds toeCircuiteeounte. ame ee 36 
specialirtax VaAuthori zed ie aie cette ace hel ee cate east one one cn narteaicietenrete rae 36 
title of school property vested in Board of St. Louis Public 
SCHGOLS Sars soe teeters enicee tibee Pome ate 2 0 eg CLE ry Rn SP ce 37 
enumeration, of, children tompentakenmcnsc peas. eee eee 38 
report, OL. same, to, besnled vine CircuiteCourteermncni ieee 38 
division of property in accordance with enumeration....... 38 
moneys due County schools tund = wheres paid eee ee ie ene 38 
QUALIFICATION— 
of City -officers vunders Charterer ris heute cichlids wions) shearers a sienna 12 
ee * 
RECEIPTS— 
to DeRtaken Sin PErIplica ce mwilelinc ...icices cieeeer cacao een en tee 32 
Winere ah led. eaie si Oy, sok a AN RS EERIE UES. nop ey nan Auten tag tick! decals -otsanrc 32 
tor be ttakenwina duplicates aw heme. eee est etens ener n rao n rae 32 
RECORDER OF DEEDS— 
Countys ClELKBEOCA CULeE-OLf1CO me oi dre ne eae eas Rete cP nen eae af 
nikay wan Or honey wy yiA heb ay ioSCSLe1Kels Kner a womcnciees Geter aN oS bo aos oo pm co eo 7 
for tormere County, continued in TOLhGesy eraem neteta et cae ene cae 7 
REGISTER— 
OL GItyh QULY POL OL ie 2 ci Ses pain nln po peste pe 9 
tOereporteschedule OL TeEcords, cl Cy tOmMay Overseer ete 9 
LOUTECELVEDOOKS, sDADErs, etc, of County, Courten eee ee 9 
tow keep recordyorsbponds) of (Constables tem. saute ete noe nnn 1 
to keeperecord sof PNOtaries. ks eae Gaertn area 17 
tonkeepurecord ob Notaries commission Siac. ris men ene neo iy 


REPRESENTATIVE DISTRICTS— 
esta blishmennt2oLs In MCU LY Sects e)cenie saree re eis tae nee men 3 


270 


271 
276 
276 
277 
277 
277 
277 


277 
277 
277 
277 
278 


275 
275 
275 


266 
268 
268 


269 
269 
269 
272 
272 
272 


266 


INDEX TO SCHEME. 285 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to State Laws for St. Louis, pp. 225-256. 


= 
SEPARATION— _ SEC. PAGE. 


POE O BELT CO UIA ee mr eeteh oct avn Cae sh a. 38 Gh dye nse cle casyiae MaLare dine’ « 265 


bo 


ST. LOUIS PUBLIC SCHOOLS— 
See Public Schools. 


SHERIF F— 
CLECOUMILVMEEWIIGTiaeeLe GUCCI at. otc.claye cen decusieual «edhe. Widge ace tis aiead stain ys 3 266 
Of -CoOunicy welOw Dem eel 7c70m me COLLECTOR Gam... dele tine cote ornare 3 266 
Ofte CITA WEEN BOLE GUCC Ser ctter sp siasevel heretscclts erect oes gituticte sal eke a meme 5 267 
Hondsopetowbesixeduby Municipals Assembly. o2 .ts clos cc. cis ce 5 267 
OLA Cieyver Oi tless and eCOMpPEN SatlOnMO fa). ulowiclarsles « s.0 Sete ones cee ie a 5 267 
OL Cily aVeSLeGGn with) DOWGErS Of former OMeriit: 32 cts < ei2)ts5 18 272 
Ob. CltivemtOnrexeccuLe writs, withine Cityve limits...) sae a sieve wee 18 272 
OLeGounteywe. LO. Execute, process Of Courts Ofe Records we. a. + es 18 272 
ORECicy ELO SUMMON DeLIC JULTODrSstorm Cireule COUnts. assis as 30 275 
of County, vested with powers of former Collector........ 33 276 
OfeCounty,; authorized sto. Selina propertye COr CaxiGS' wi. wees ss 33 276 
OMmCountvree LOMexeCULOMredentp lO Sg. teste in male lala cetscd sts cients. lela ae 276 
of County, deeds for taxes, where acknowledged........... nie 276 
SQ ayevaniranmaqhey ayes (rene “PRB GCYE ee. Hine eed cca? BaciR 0 bee. Biche, OM Chen Cae eh te eo oa 5 note 268 
SPECIAL ELECTION— 
ieee GRETNA OG UIY EY Se Gere ee cre Gish PA ao jcte sy) al apelin e's otha, We eed kas 3 266 
SPECIAL TAX— 
LOEDAy UCeDtLCaness Ohsschools GISthiGtsS when. «ca... «<a owas 36 276 
ST. LOUIS COURT OF APPEALS— 
Miva PPO te JUASeS. Of me leGel Ot .WilleN ssteccneiy tee Sse ie! see.« «) allah one $9 273 
STATH AND COUNTY COLLECTOR— 
COBH OTASLOS ends Ol @LOVII ra as aban crta ciel eee oi creleve cies areca ae ome Mic 8 268 
COLLECEION Sara ECCI AGOD LION es Ofsr 5 CHLOE. ta eco the ialanc abeteys opateey cts aoe 8 268 
ia aesCuLlLenr Gn DaO Lewhen- + orm meen eres hoe a oaks eet ars Acre ot sheng) ocnuet sce 8 269 
STRAYS— 
LOSMLA MONS COMGS LIA 2a SavliCly-wterea te: svaivie eter a ohne em elsieig eevee ahs. wlale 35 276 
STOCK— 
MELAIN ew ClO se Olin ITE OSS UML Diner LaATNG St. mere. oteh vi Ge ate teens tue 2 35 276 
SURVEYORS— 
Ole CityeelOuD era DPOLMCEGe Dy MANO teemee teeta, ose. dede aie hate ahs eee 16 272 
Ofte CILVeDOWELSH a Os ClLETLGSs Oiler meee camer olaics ohh obahenciiebe hangs 16 Zte 
of City applicants to produce testimonials...... DN aE oes 16 Bitee: 
(eve TOhW ies Gee) evcahiger | afanaWs ha. cot Ae poe tee BI eee Re ae een Ceti oe re 16 22 
OL City =tosexecute in County orders of. Circuit Courtes...... 16 Pg ee 
CimeQuiiiveel Omer DOLMLEORD VE COUMty © Olds. weld ccna. 16 ibe 
of County now commissioned; continued in office.......... 16 Z02 
TAXES— 
for S77; HO: Wak DSSOSSEC Bocnatee: tee et tert cee eet eat oe a aeeN 4. cre Manet auc 8 269 
COULECTION SOL aLLOT Se UAT aAtLION cLOmW DOIN AUC secs stevens sicis cbaee 8 269 
UNGOMeCtEd .DilLowm WOW CISDOSECG:TO tae Pee ena er acne a che as ee 8 269 
COUCCTIONS#OL mM LOne SCHOOL DULDOSESia vee cette eke ean tae ch edie acai 13 271 
collections of, on property intersected by city limits....... 20 rar hs 
Sao L aD COpCLeVELOL take Sal Ne Olt yew mein meee ie ciers, cls coe enc. ao 276 
TAX-BILLS— 
Collector.orstormer, County, (to ;accountetor same. «5. ..... 5. - 8 269 
UMCO MOGUL Ssator whos CUE GiO Viele ora miles itis, ed ss cus 6 8 269 
on property intersected by city limits, how divided......... 23 273 
COMDUTS MEE LOS Lat D tie LCawh ae cts eer ee tack tome tase erelel a ce ar dlene Ao PALE 
GOMpLrTOLIErETOLcancel Olde Dil] Se Ot car eter seetiiie) os) aoe We alecee, eoeven.cce 23 274 
TITLE— 
Creo WOLeCe PULLIN Se Dal S weUGe, BVICSLOG. IN eGIby. «10 nucievelere 20 10 270 
COBBCHUCIMDLODCECYG VNETe 1VCOLOC. nant. Lo sine oe Hickolals wa alone Ae oT, 277 


286 INDEX TO SCHEME. 


Index to Charter and Notes at end of charter. 
Index to Ordinances at end of Revised Code. 
Index to Szate Laws for St. Louis, pp. 225-256. 


TREASURER— 


of-County.. when’ elected wits ciccts ois Lie ene Ones ae eee ee 
Of fonmer.County tO. DayaOver MODE ViS aie ae eee eee eee 
of WLOrmer County. te6rm oO. CEASE) AWin ON his icra cnetn te eee ete enn eae 


of City, accounts of to show sources of payments. 


VACANC Y— 
Iinvoftfiice Of May.or (0 wird LOG Ree canis creer ie bint ein atolls Bae ime enemies oie 
ing City OfMCeSAHWHEIN. Ae A eee ce eet ane eberee caer snes Gt otene vention. aa 
in City offiees stombe filled t byelection were nee irene haat sie 
VALUATION— 
ON ise) OVOY OM bey oN eeyoXeu MATa AmeniigaatsHoler hes th A454 od oa AAA obs oho ele 
W RITS— 


within city limits to be executed by Sheriff OL aLey, 


e) 16" e) @) aca go) be 


G0) Inia eae Oye 


a 
bobo bo 


18 


bo bo bo 
as 
ee © 


bo 
“1 
ae 


bo 
ba | 
ty 


CHARTER 


OF THE 


CaOr sh wOuUlsS. 


(ANNOTATED. ) 


‘ 


pat 5 Ay 
ss 7 fi us é ¥ 
‘Ao we. ied} Fy } at 
‘i ~ \ . 


* 
ran 
nae 


red 


Charter of the City of St. Louis.” 


ARTICLE I. Corporate powers, boundaries and wards. 
Il. Election and registration. 
III. Legislative department. 
IV. Executive and administrative department. 
V. Revenue and taxation. 
VI. Public improvements—street openings. 
VII. Water works. 
VIII. Public parks. 
IX. Harbor and wharf department. 
X. Street railroads. 
XI. Fire department. 
XII. Health Department. 
XIII. Schools. 
XIV. Sinking Fund. 
XV. Public printing. 
XVI. Miscellaneous provisions. 


“INTRODUCTORY (NOE, 
GENERAL CONSIDERATIONS RESPECTING THE CHARTER. 


The Secheme and Charter of St. Louis City was framed by a bvoard of free- 
holders in pursuance of the provisions of Art. IX, Secs. 20 to 25, of the State 
Constitution of 1875, and was adopted by the people at an election held on August 
22, 1876; it became the organic law of the city and county sixty days thereafter 
(Oct. 22, 1876), and all former charters and special laws of St. Louis County were 
superseded. State ex rel. vs. Finn, 4 Mo. App. 347, 356; State ex rel. vs. Mason, 4 
Mo. App.) 377; Badgeley vs. (St. Louis, 149 Mo) 122,129; St. Louis vs) Pischer, 167 
Mo. 654, 660; State ex rel. vs. Sutton, 3 Mo. App. 388 (deciding the question 
whether the adoption had actually been carried); State ex rel. vs. St. Louis, 174 
Mo. I. c. 140: Northeut vs) Hager, 132 Mo: 1..¢: 273. 


The separation of the city and county did not relieve St. Louis from the oper- 
ation of such laws specially applicable to St. Louis County as were then in 
force and consistent with the altered circumstances: Eichelmann vs. Weiss, 
7 Mo. App. 87, 89 (sheriffs’ and marshals’ act). The constitution limits the dis- 
placement to “special laws relating to St. Louis County inconsistent with such 
Scheme,” Const., Art IX, Sec. 20. But in all other respects the city became inde- 
pendent of the county, and is a city proper, though in some respects performing 
the functions of a county: State ex rel. vs. Walsh, 69 Mo. 408. As to how far the 
city is to be treated as a county see zmfra, this note. 


The City of St. Louis is not in any class with other cities, and it is not affected 
by legislation applicable to cities of the first-class as defined in the Constitution, 
because the St. Louis Charter is itself enacted in pursuance of a special con- 
stitutional provision, and does not fall under any classification: State ex rel. vs. 
Mason, 155 Mo. 486, 501 (overruling Murnane vs. St. Louis, 123 Mo. 479, and St. Louis 
vs. Dorr, 145 Mo. 423, and adopting the dissenting opinions in those cases); State 
ex re). vs. Hawes, 153 Mo. 23, 52; Kansas City vs. Stegmiller, 151 Mo. 189, 204; 
St. Louls vs. Bircher, 76 Mo. 481. 


The City of St. Louis derives its charter in pursuance of constitutional pro- 
visions, and the powers delegated therein are conferred by the state upon the 
municipality, and so long as they are not inconsistent with the constitution and 
laws of the state they are valid and binding upon all who come within the 
scope of their authority or operation: St. Louis vs. Liessing, 190 Mo. 464, 480: 
St. Louis vs. W. U. Tel. Co., 149 U. S. 465, 467; Kansas City vs. Oil Co., 140 Mo. 
458, 471; Grand Ave. Ry. Co. vs. Citizens’ Ry. Co., 148 Mo. 665, 671. 


289 


290 


INTRODUCTORY NOTE TO CHARTER. 


The charter so conferred and adopted has all the force andeffect of alegislative 
charter largely delegating the state power upon the city, and such delegation 
of power is no infringement of the maxim that legislative power cannot be 
delegated: Sluder vs. Transit Co., 189 Mo. 107, 128; Meier vs. St. Louis, 180 Mo. 
391, 409; St. Louis vs. Fischer, 167 Mo.. 654, 660-661 (affirmed 194 U. S. 361); State 
ex rel. vs. Lindell Ry., 151 Mo. 162, 182. 


As to the force and effect of ordinances as legislative enactments, see further, 
note to Art. III (introductory to Sec. 26 thereof) and note to Art. III, Sec. 12. 


But the charter of a city cannot confer Dn it the power of the State concerning 
such things as are without the scope of municipal government, and not incidental 
to municipal functions; these are reserved to the State unless expressly conferred 
by the Legislature: State ex rel. vs. Telephone Co., 189 Mo. 83 (holding that 
Kansas City could not enforce a regulation as to telephone rates, expressly 
given in the charter. That such power to fix rates did not exist under the 
St. Louis charter see St. Louis vs. Bell Telephone, 96 Mo. 623; see also ordinance 
of St. Louis attempting to reserve the right to fix charges, R. C., Sec. 1195 and 
note, also see note to Sec. 1093); State ex rel. vs. Police Com’rs, 184 Mo. 109 
(holding that the Kansas City charter could not confer powers respecting em- 
ployment or discharge of policemen not in accord with the state; as to the St. 
Louis police act see State ex rel. vs. Stobie, 92 So. West. 191, s. c. 194 Mo. 14. 


And the charter must always be in harmony with the Constitution and laws 
of the state: See cases heretofore and hereinbelow cited; also State ex rel. vs. 
Telephone Co., 189 Mo. 83; State ex rel. vs. Police Com’rs, 184 Mo. 109; Ewing vs. 
Hoblizelle, 85 Mo. 64, loc. cit. 76 (discussing the objects in view in adopting the 
St. Louis charter); State ex rel. vs. Lindell Ry., 151 Mo. 1. e. 182 (same); State 
ex rel. vs. Stobie, 194 Mo. 14, s. c. 92 Southw. 191 (see discussion as to St. Louis 
Scheme and Charter in both majority and dissenting opinions). 


Hence, and also because the power of the legislature to supersede or modify the 
charter or ordinance provisions exists, it follows that when the ordinances or 
charter provisions are, or become, in conflict with prior or subsequent state 
statutes, or state policy, or with the constitution, such ordinances or charter 
provisions are, or become, void, and must yield to the higher law: State ex rel. 
vs. Stobie, 92 Southw. (Feb. 26, 1906), 191, 200; s. c. 194 Mo. 14, (holding a pro- 
vision in the Scheme repealed by the police act); St. Louis vs. Meyer, 185 Mo. 
583; State ex rel. vs. Police Com’rs, supra; Badgeley vs. St. Louis, 149 Mo. 123 
(declaring a charter provision void as contrary to the code civil procedure); Ford 
vs. Kansas City, 181 Mo. 137; State ex rel. vs. Railway, 117 Mo. 1, 11-12; Ewing 
vs. Hoblizelle, 85 Mo. 64, 76; State ex rel. vs. Bell, 119 Mo. 70, 75; State ex rel. 
vs. Matthews, 94 Mo. 117 (Scheme provision changed by statute). 


But mere differences in details do not render such laws inharmonious, and the 
charter, provisions are effective: Kansas City vs. Oil] Co., 140 Mo. 458, 471 {la 
decision frequently approved in later St. Louis cases; the court holds that “A 
constitutional provision authorizing a city like Kansas City or St. Louis to 
frame its own charter, implies the power to adopt a complete and harmonious 
System “of Aocalmmunicipal [fo vernmentagsn ete ew Chart ere ee see Ln np) 
law for the government of the municipality, it is binding upon all courts, and 
it violates no principle of our government to say that the courts, when called 
upon, must enforce these municipal laws unless they conflict with the Consti- 
tution, and are not in harmony with the Constitution and laws, and, as already 
said, mere differences in detail do not render such laws inharmonious. A 
So long as the city . . . . does not invade the province of general legislation 
or attempt to change the policy of the state as declared in her laws for the 
people at large, it will not be held to be out of harmony with such laws, notwith- 
standing the provisions of the special charter may be different from the general 
statutes prescribed for the government of other cities in their local affairs); to 
same effect: St. Louis vs. Dorr, 145 Mo. 466, 478 (to this extent this case has not 
been overruled); and see particularly St. Louis vs. Delassus, (Sup. Ct., July 2,.1907, 
not yet reported) fully discussing and sustaining the city’s power to pass ordinances 
on subjects also covered by State statutes, though not identical therewith; also 
State vs. Vic De Bar, 58 Mo. 395 (showing to what extent the city was regarded as 
independent of state laws under the earlier decisions); and see discussion in State 
vs. Kessels, 120 Mo. App. 1. c. 240, distinguishing the effect of the present con- 
stitution and the former one on the power of St. Louis to pass ordinances incon- 
sistent with the state laws. 


As to discussion of how far the city may enact ordinances declaring acts to 
be misdemeanors, where there are state enactments on the same point, and the 
effect of concurrent enactments by the city and state, see note to Rev. Code, sec. 
1265 and cases there cited. 


‘ INTRODUCTORY NOTE TO CHARTER. 99] 


And the power of the city to tax is specifically recognized by the constitution: 
See note to Charter, Art. III, Sec. 26, Clause 5, and particularly note to Charter, 
Arte Ve SOGreL. 


It may be added that while the absolute general power of the legislature to 
alter or destroy its municipalities or to change their boundaries, without consult- 
ing the wishes of the inhabitants, is unquestioned (St. Louis vs. Russell, 9 Mo. 
503, 507; McCormick vs. Ry., 20 Mo. App. 640 and cases cited; Forsyth vs. Ham- 
mond, 166 U. S. 506), yet it cannot be lawfully so exercised as to impair 
the obligations of contracts (such as bonds) previously entered into by such 
municipalities: Graham vs. Folsom, 200 U. S. 248; St. Louis vs. Russell, supra 
1 Ga’ 5.083 


Unauthorized Ordinances: And for like reasons an ordinance is void when it 
conflicts with the charter, or when it is not authorized by the charter, or en- 
acted as the charter requires. All powers of the municipal assembly emanate 
from the charter and must find their support in it as the source of authority: 
See discussion of this subject and citation of cases in note introductory to 
Art. III, Sec. 26 (heading), of the Charter. 


In some respects the charter bears the same relation to the ordinances that 
the constitution does to the statutes: Quinette vs. St. Louis, 76 Mo. 402, 404. 


See for discussion of validity of ordinances ‘‘General Note on Ordinances’’ to 
Chart., Art. III, Sec. 12, and note to ‘‘Legislative Powers and Functions of Munt- 
cipal Assembly” to Art. III, Sec. 26. 


As to validity of acts of officers during the period when it was erroneously sup- 
posed the adoption of the Scheme and charter had been defeated, see: Schaeffer 
vs. Bernero, 11 Mo. App. 562; Adams vs. Lindell, 72 Mo. 198 adopting 5 Mo. App. 
197; State ex rel. vs. Sutton, 3 Mo. App. 388; St. Louis vs. Stoddard, 15 Mo. App. 173. 


Judicial and Publie Notice: The constitution requires the courts to take judicial 
notice of the Charter and the city’s incorporation. Const., Art. IX, sec. 21. Bar- 
clay, J.) in Walsh vs. Mo. Pac. Ry., 102 Mo. J. c. 589; St. Louis vs. Lang, 131 Mo. 
412, 420. See also State vs. Nolle, 96 Mo. App. 524, 526. 


The courts take judicial notice that St. Louis is the only city having 300,000 
inhabitants: State vs. Anslinger, 171 Mo. 600, 610; State ex rel. vs. Miller, 100 Mo. 
439, 450. 


And that it is a separate political subdivision of the State: See infra. 


The Charter is a Public Act of which all persons interested are bound to take 
notice: Perkinson vs. St. Louis, 4 Mo. App. 322, 1. c. 328. 


The City of St. Louis is a political subdivision of the State of which the courts 
take judicial notice: (State vs. Nolle, 96 Mo. App. 524; State ex rel. vs. Bus, 135 
Mo. 1. c. 337; State ex rel vs. Ry., 195 Mo. loc. cit. 241 and 246; see also State ex rel. 
vs. Finn, 4 Mo. App. 347); and hence all appeals in cases in which the city is a 
party go to the Supreme Court: See note to Charter, Art. XVI, Sec. 6. 


That the public must take notice of the city ordinances as of other laws, 
but that the courts do not take judicial notice of ordinances and that they 
must be pleaded and proved as facts, is treated of in ‘General note on Ordi- 
nances,’ appended to Chart., Art. III, Sec. 12. 


How Far the City is Treated as a County: The constitution provides that “the 
city as enlarged shall be entitled to the same representation in the General 
Assembly, collect the state revenue and perform all other functions in relation 
to the State, in the same manner, as if it were a county as in this Constitution 
defined,” etc. (Const., Art. IX, sec. 23.) “The charter contains many provisions 
to define the mode in which the city should perform many essential govern- 
mental duties toward the state ‘as if it were a county,’ the city was practically 
put in the position of a county for the purposes of executing the functions of 
government in that locality; as those functions were to be performed by city 
officers, the Scheme and Charter undertook in the first instance to prescribe how, 
and by whom, those duties should be discharged. But matters of purely munici- 
pal and local concern the constitution intended to commit to local self-govern- 
ment, which the peculiar provisions in regard to St. Louis were designed to 
authorize’: St. Louis vs. Dorr, 145 Mo. 466, 479. 


The court-house is maintained not by virtue of the municipal functions of the 
city but in the performance of a county function in the sense of the consti- 


292 


INTRODUCTORY NOTE TO CHARTER. 


tutional provision, and the relation of the city to the court-house is the same as 
the county to the court-house was before the separation: Cunningham vs. St. 
Louis, 96 Mo. 58. The City of St. Louis being for all necessary purposes a county 
in itself, the seat of justice of such quasi-county is the city itself, and not the 
court-house building, and a public office is located at the seat of justice when 
in the new city hall, though such locality was not part of the city when the 
court-house was originally erected: Babcock vs. Hahn, 175 Mo. 136, 140. 


The City of St. Louis occupies the dual relation to the state of a county and of 
a city under its Scheme and Charter: State ex rel. vs. Bell, 119 Mo. 1. c. 738. 


Though the city is not a “county” in the ordinary sense used in the Constitu- 
tion, it is in a qualified sense a county, in that it is a “legal subdivision of the 
state’? and performs the functions of a county: State ex rel. vs. Finn, 4 Mo. App. 
347; to same effect State ex rel. vs. Bus, 135 Mo. 1. c. 337; State ex rel. vs. Rail- 
way, 195 Mo. loc. cit. 241, 246. But in all other respects the City as constituted 
by the Scheme of separation, is a city proper and not a county, and the St. 
Louis county laws do not apply to the city: State ex rel. vs. Walsh, 69 Mo. 408. 


The Rev. St. 1899, Sec. 4160, subdiv.19, provide that ‘wheneverthe word ‘county’ 
is used in any law, general in its character to. the whole State, the same shall 
be construed to include the City of St. Louis, unless such construction be incon- 
sistent with the evident intent of such law or of some law specially applicable 
to such eity.” (See Laws Spe. Applicable to St. Louis, Sec. 373). This section 
referred to or applied in the LOWS cases: Henderson vs. Koenig, 168 Mo. 1. c. 
363; St. Louis vs. Clabby, 88 Mo. 5738; State ex rel. vs. Dillon, 87 Mo. 487; State 
ex ire leis: WwW TLGeR LOSE VOM line dikosgmisal kK eVisit ba. tip piv OmuADIn a) La Gana oem ke eye 
St. 1899, p. 2562, Sec. 1 (Art. XXV) provides that in certain cases moneys re- 
quired to be paid out of the county treasuries shalt in St. Louis be paid out of 
the city treasury; and Rev. St. 1899, Sec. 6536, enacts that respecting the statutes 
concerning Justices of the Peace and Constables, “so far as applicable said 
city shall be considered as a county;” and likewise a district in said city shall be 
held to be the Same as a township in said chapter (Ch. 9). 


In State ex rel. vs. Dillon, 87 Mo. 491, the court says: “St. Louis is not by name 
a county,, nor ‘within withe, Jimits of - any county. It is, for many purposes, 
throughout the statutes, treated. as a county,” but the case holds that the 
chapter on election laws relating to state officers, which shall apply to St. 
Louis the “same as to counties,” does not apply to those officers performing 
purely municipal functions, such as the mayor, and in the same case (p. 491) it 
is further, said: “Many of the statutes are applied by the use of the word 
county. The general laws are in most cases designed to have and to take effect 
throughout the entire state. St. Louis, as we have seen, is not a county by name. 
Hence this paragraph, which is a part of the article of the general laws concern- 
ing the construction of statutes, declares that whenever the word county is used 
in any law, general in its character,’ ete. ' 


Transfer of old county functions and offices to corresponding city functionaries 
under the Scheme and Charter. In addition to the constitutional and statutory 
provisions referred to in the preceding references pointing out how far and 
when the city is to be regarded as performing county functions, it may not be 
out of place to refer to other provisions of the law concerning the necessary 
transfer of the function formerly performed by the county officials upon cor- 
responding new officials under the Scheme and Charter. 


Thus the state statutes provide that “all laws requiring any officer of any 
county to perform any duty, service or trust, under the laws of this state, shall 
include all corresponding city officers named in the Charter and Scheme of 
separation for the government of the city and county of St. Louis’: R. §. 1899, 
Mise. Prov.) ‘Art: XX V3 p. 2562) See. :3: 


And “any act or duty authorized or required to be performed by the clerk.of the 
county court, such act or duty shall be performed by the Register of the said 
City of St. Louis, and the term ‘county clerk’ shall be construed to include the 
Register, so far as the same relates to any act or duty required to be performed 
in said city similar in character,” etc. R. S. 1899, Sec. 4160, subd. 18: and “all 
laws providing for the performance of any duty, service or trust, by any county 
clerk, shall apply to the Register of the City of St. Louis, as if such officer was 
specially named in such law, acts or parts of acts.” R. S. 1899, Art. XXV, p. 2562, 
Sec. 4 (see State ex rel. vs. Tracy, 94 Mo. 217; as to ordinances on Register see 
Rev. Code, Ch. 28, Secs. 2062-2069 and notes). So with respect to Justices of 


INTRODUCTORY NOTE TO CHARTER. 293 


the Peace and Constables, R. S. 1899, Sec. 6536, provides that the duties and 
services concerning them required (in Chap. 9 of the R. S.) of the county clerk 
shall be performed by the Register, and those by the County Court by the 
mayor (except in case of a tie or contested election; as to which see State ex inf. 
vs. Kramer, 150 Mo. 89). 


Again: “All acts and parts of acts which provide for the performance of any 
duty or trust by any county court in this state, shall also include the Municipal 
Assembly and the Mayor and Comptroller of the City of St. Louis: R. S. 1899, Art. 
SXV, p. 2562, Sec. 2. 


So in the Scheme, Sec. 24, it is provided that the Municipal Assembly performs 
all functions (not otherwise provided for in charter) which were formerly per- 
formed by the County Court (see 127 Mo. 1. c. 9). 


By See. 34 of the Scheme, powers then vested “in the County Court of St. Louis 
Co., or the clerk of said court, or the county collector or auditor, may be exercised 
by such tribunals or officers as may be provided by ordinance.” sec. 18 provided for 
powers of sheriffs and marshal (see note to said section); also secs. 5 and 6 
(see notes thereto). Other officers were similarly considered (see Scheme in 
general). 


Respecting revenue and taxation, by the Charter, Sec. 34 of Art. V, the City 
Collector performs the duties with respect to the collection of the revenue for- 
merly required by the County Collector (except as modified by statute: See note 
to said section). And Sec. 9334, R. S. 1899 (see Laws Specially Relating to St. 
Louis, Chapter 26, Sec. 469) is to the same effect. The following section (R. S,, 
Sec. 9335; Laws Sp. Ap. St. L., Sec. 470) provides that the council [now municipal 
assembly] shall with reference to the assessing and collecting of revenue in the 
city do those things performed by the county court, where not otherwise provided 
for in the Scheme and Charter. So by the charter, Art. V, Sec. 29, the comptroller 
is substituted for the County Court in the general provisions respecting “land 
delinquent list,’’ the ‘“‘sale of land for taxes,’ and all other matters relating to the 
assessment books and tax bills. While Sec. 4 of Art. XVI of the charter requires 
the City Counsellor to perform the duties respecting street-opening cases which 
were looked after by the Land Commissioner prior to April 7, 1877. And as to 
collection of railroad taxes, R. S. 1899, Sec. 9383, says that ‘all services required 
to be performed by county officers under this article shall be performed in the 
City of St. Louis by the corresponding officers of the City of St. Louis, and wher- 
ever the word ‘county’ occurs it shall be construed to include the city.” 


Speaking of these kind of provisions the court in the case of State ex rel. vs. 
Powers, 68 Mo. 1. c. 324, said: “As the city government, authorized by the consti- 
tution for the City of St. Louis, is entirely different in its organization from that 
of the wcounty |. 25) 2) it became. necessary “to) provide ‘in \the charter ‘the 
requisite municipal agencies . . . . Proper officials were to be designated, 
the mode of their selection prescribed, and the duties which were previously per- 
formed by the officials designated in the general law were, by express enactment, 
to be imposed upon them,” ete. See on this point (taxation) note to Charter, Art. 
V, Sec. 1; Laws Spec. Appl. to St. Louis, notes to Chapter 26. 


So in State ex rel. vs. Bus, 135 Mo. 1. ec. 337, considering whether certain officers 
performed state, city or county functions the court says: ‘‘While the City of St. 
Louis is strictly a municipal corporation its territory is also a subdivision of the 
state, in which officers are elected to perform the functions of the state govern- 
ment as distinguished from those pertaining to municipal government. Those 
officers are in no sense municipal officers. Their designation as officers of the 
City of St. Louis refers to their territorial jurisdiction rather than the govern- 
mental duties they perform. They are officers under the laws of the state and 
perform their duties within the city limits.’’ 


Construction of Charter and Ordinance Provisions, see discussion in introduc- 
tory note to Charter, in Art. III, Sec. 26 and citations there made. 


294 CHARTER OF THE CITY OF ST. LOUIS. [ART. 1) sect. 


ARTICLE I. 


CORPORATE POWERS, BOUNDARIES AND WARDS. 


SECTION. SECTION. 

1. Corporate name and powers—authority 2. Corporate limits and boundaries. 
to purchase, hold and dispose of 3. Ward boundaries. 
property—to receive bequests, etc., 4. Correction of ward limits and perma- 
and have a common seal. nent division lines. 


Section 1. Corporate name and powers—authority to 
purchase, hold and dispose of property — to receive be- 
quests, etc., and have a common seal.—The inhabitants of 
all that district of country embraced within the limits prescribed in the 
next succeeding section, shall be and continue a body corporate by the name 
and style of “The City of St. Louis,” and by that name shall have perpetual 
succession, shall sue and be sued, implead and be impleaded, defend and 
be defended in all courts of law and equity, and in all actions whatsoever ; 
may purchase, receive and hold property, real or personal, within said 
city, and beyond the limits of the city, to be used for the burial of the 
dead of the city, for the erection of waterworks to supply the city with 
water, for the establishment and erection of gasworks to supply the city 
with light, for the establishment of a hospital or hospitals for the reception 
of persons infected with contagious or other diseases, for a poor house or 
poor houses, work house, house of correction, or for any other purposes; 
may sell, lease or otherwise dispose of any property for the benefit of the 
city; may receive bequests, gifts and donations, of all kinds of property, 
within or without the city, in fee simple or in trust, for charitable or other 
purposes, and do all acts necessary to carry out the purposes of such be- 
quests, gifts and donations, with power to manage, sell, lease or otherwise 
dispose of the same; and may have and-use a common seal, and may break} 
change or alter the same at pleasure. 


Powers of City: As a municipal corporation the city has in general these 
powers and no others: Those expressly granted, those necessarily or fairly im- 
plied in or incident thereto, and those essential to the declared objects of the 
corporation—not simply convenient, but indispensable; and a fair doubt as to 
the existence of the power is resolved against the corporation: See on this 
subject authorities and discussion in note to heading of Art. III, Sec. 26 of the 
Charter. 


And as to the legislative functions of the city, and to what extent the courts 
will review the same on the ground of fraud, oppression or unreasonableness, 
and the validity of ordinances see same note (under Art. III, Sec. 26, heading). 


Authority to Purchase, Hold and Dispose of Property: City may hold, purchase, 
etc., real estate in the county for the city’s use: Scheme, Sec. 21; Power to 
“purchase, rent or lease in the city or elsewhere, any real or personal property, 
and tocontrol, manage, sell or lease or otherwise dispose of same,” ete. see 
Chart., Art. III, Sec. 26, clause 14. And as to power to sell or lease parks: Art. 
Vill Eee Coa Supplying water outside city limits: See R. S. 1899, Secs. 
6488-6491. The city may take and hold real or personal property: Christy vs. 
St. Louis, 20 Mo. 1438, 1465. 


The city may acquire and hold such property beyond the limits of the city as 
may be proper for its purposes; and such right was not limited strictly to the 
specific purposes enumerated in the charter (prior to the present charter); and 
no one but the State can question the city’s power: Chambers vs. St. Louis. 
DOUMOw be se OelLaArneravS SL LOUuIs wi 6 Mos e+: 


The city has ample authority to build and maintain a bridge across the Mis- 
sissippi, although part of such bridge must necessarily be outside the limits of 
the city and State, and, it seems, may condemn property for that purpose in IIlli- 


ART I, Sec. 2.]} CHARTER OF THE CITY) OF ST. LOUIS. 995 


nois: Haeussler vs. St. Louis, decided in Supreme Court Missouri in banc, July 2, 
1907 (not yet reported). 


Ample power is conferred on the city to deal with and dispose of property to 
which the absolute title has been bought by the city: State ex rel. vs. Schweick- 
ardt, 109 Mo. 1. c. 508-509. 


The City of St. Louis has a fee simple title to its commons and may under its 
charter pass such title to a purchaser: Woodson vs. Skinner, 22 Mo. 13. See also 
St. Louis vs. United States, 92 U. S. 462. 


As to execution of city contracts and conveyances, and the formalities neces- 
sary, see note to Charter, Art. XVI., Sec. 7. 


Trustee in testamentary trust: The city may be the active trustee in the admin- 
istration of a charitable testamentary trust, hold the legal title, and may be com- 
pelled to execute the trust after acceptance: Chambers vs. St. Louis, 29 Mo. 543, 
(followed in Barker ws. Donné@lly, 112 Mo. 561, 575). 


Seal of St. Louis City: See Rev. Code, Sec. 2069. 


Land dedicated to particular use—diversion to another use: Where an ease- 
ment is created, an abandonment by the grantee restores the title to the 
grantor freed therefrom, and where the title is conveyed on condition, it reverts 
when the condition fails; but when the title is conveyed absolutely in trust 
for a particular purpose (as here to the city for a meat-shop) the land may 
after such particular use be used for other purposes where there is no reserva- 
tion of the right of re-entry on the diversion or abandonment of the use: 
Hand vs. St. Louis, 158 Mo. 204, referring to numerous city cases and distinguish- 
jng same. 


As to lands dedicated for street purposes and diverted see note to Art. VI, 
Sec. 1, of Charter. 


See. 2. Corporate limits and boundaries.— The corpo 
ate limits of the City of St. Louis shall comprise all that district of coun- 
try situated in the County of St. Louis and State of Missouri, to-wit: Be- 
ginning at a point in the middle of the main channel of the Mississippi 
River, and running thence westwardly at right angles to said channel, to a 
point on the west bank of said river 200 feet south of the center. of the 
mouth of the River des Peres; thence westwardly and parallel to the center 
of the River des Peres, and 20 feet south thereof, to the eastern line of the 
Lemay Ferry road; thence westwardly to a point in the west line of said 
Lemay Ferry road at its intersection with the center of the Weber road; 
thence westwardly along the center of the Weber road to its intersection 
with the east line of lot one (1) of the Carondelet commons south of the 
River des Jeres; thence westwardly to the southeast corner of Rudolph 
Overman’s, or northeast corner of B. B. Haar’s land; thence westw ardly to 
said Haat’s northwest corner; thence northwestwardly to a point in the 
center of the Gravois road six hundred (600) feet southwardly from the 
center of the bridge across the River des Peres; thence northwestwardly to 
the southeast corner ee lot thirty-one (381) of the subdivision of the 
Mackenzie tract in U. 8. Survey 1 953 ; thence northwestwardly in continu- 
ation of said last Pa aee a line to the southern line of lot twenty-one (21) 
of the subdivision of the said Mackenzie tract; thence northwestwardly to 
a point in the southern line of the U. S. Survey 2,035, twenty-six (26) 
chains eastward from the southwest corner of said sur vey; thence north- 
wardly to a point in the north line of the subdivision of Hast Laclede, six 
hundred (600) feet west of the McCausland road; thence northwardly and 
parallel to the center of the McCausland road, to a point on the Clayton 
road six hundred (600) feet west of its intersection with the McCausland 
road; thence northwardly and parallel with the Skinker road, and six 
hundred (600) feet west thereof, to its intersection with the old Bonhomme 
road; thence northeasterly to the intersection of the center lines of Mce- 


296 CHARTER (OF THE CITY, OF VST. . LOUIS: LART,. 1, See.ss: 


Laren avenue and Mead street; thence in a northeasterly direction to a 
point in the Bellefontaine road six hundred (600) feet north of its inter- 
section with the Columbia Bottom road; thence northwardly and parallel 
with the center line of the Columbia Bottom road to the northern boundary 
line of the U. S. Survey number (114) one hundred and fourteen; thence 
eastwardly along said line to the center of the main channel of the Mis- 
Sissippi River; thence with the meanderings of said channel southwardly 
to the point of beginning. 


Boundaries, Jurisdiction, ete.: The extension of the city to its present boundaries 
was expressly authorized by the constitution: Art. IX, Sec. 20. “The authority con- 
ferred by that section on St. Louis was not the right of amendment, but wasa grant 
to embrace in the charter it was authorized to frame for the first time, other ter- 
ritory not then within its boundaries:’’ Kansas City vs. Stegmiller, 151 Mo. loc. cit. 
200, 201. See boundary fixed in Scheme, a. 1. ‘Boundary on the east by the 
Mississippi: see Constitution of Missouri, Art. 1, Sec. 1: as to Mississippi being 
a public highway, obstruction of same by buildings or construction work in the 
river, extent of riparian ownership and rights, etc., see State ex rel. vs. Long- 
fellow, 169 Mo. 109, and discussion; also Myers vs. St. Louis, 82 Mo. 367; s. ec. 
8. Mo.App: 266, s:'e: 113. U2) SS) 666; .St.) Louis) vs) Knapp Co. 104° UUn8. 656) re- 
versing s. c. 6 Fed. 221. Wharf boundaries and city ownership of wharf lands, 
see Rev. Code, Ch. X, Sec. 345, and following, and notes thereto; Harbor boundary 
see Charter, Art. IX, Sec. 3. Jurisdiction over Mississippi between Missouri and 
Illinois: See Sanders vs. N. O. Anchor Line, 97 Mo. 26, and cases; Swearingen 
vs. Steamboat, 13 Mo. 519; St. Louis vs. Rutz, 188 U. S. 226; Owning lands by city 
outside of city limits, see note introductory to Charter under “authority to pur- 
chase and hold property,’ etc. Taxation»of lands beyond city limits: see note 
to Charter, Art. V, Sec. 1. A city ordinance or a city contract designed for the 
city at large, operates throughout its boundaries whatever their change: Gaslight 
Co}, vs. (St. Louis; 46 Mo.) 121. \See also. Blair vs. (Chicago, 201. U.3S) 1, ¢) 488-489, 
(Chicago Traction Company case). 


As to right of the state to determine the territorial limits of a municipality and 
alter or abrogate same see St. Louis :-vs. Russell, 9 Mo. 503, 507; McCormick vs. 
Railway, 20 Mo. App. 640 and cases cited: Forsythe vs. Hammond, 166 U. 8S. 506; 
Graham vs. Folsom, 200 U. S. 248. 


Sec. 3. Ward boundaries.*—The City of St. Louis shall be divided 
into twenty-eight wards, the boundaries of which shall be as follows: 


First Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River opposite the north line of the present city limits; 
thence in a direct line to the north boundary of the City of St. Louis; 
thence in a westerly and southwesterly direction with the city limits to the 
‘Wabash Railway; with the Wabash Railway to Broadway, with Broadway 
to Calvary avenue, with Calvary avenue to Florissant avenue, with Flor- 
issant avenue to Euclid avenue, with Euclid avenue to Natural Bridge road, 
with Natural Bridge road to Marcus avenue, with Marcus avenue to St. 
Louis avenue, with St. Louis avenue to Newstead avenue, with Newstead 
avenue to Ashland avenue, with Ashland avenue to Clay avenue, with Clay 
avenue to Natural Bridge road, with Natural Bridge road to Fair avenue, 
with Fair avenue to Carter avenue, with Carter avenue to Adelaide avenue, 
with Adelaide avenue to Florissant avenue, with Florissant avenue to 
Warne avenue, with Warne avenue to Carter avenue, with Carter avenue 
to Obear avenue, with Obear avenue to Florissant avenue, with Florissant 
avenue to Ferry street, with Ferry street to Eleventh street, with Eleventh 
street to Angelica street, with Angelica street and Angelica street extended 
to the middle of the main channel of the Mississippi River, up the middle 
of the main channel of the river to the place of beginning. 


*These are the present ward boundaries: See note at end of this section. 


ARTE, 3; Sec. 3. ] CHARTER OF THE CITY OF ST. LOUIS. 297 


Second Ward—Beginning at a point in‘the middle of the main channel 
of the Mississippi River opposite foot of Angelica street; thence in a direct 
line to and with Angelica street to Blair avenue, with Blair avenue to 
Salisbury street, with Salisbury street to Nineteenth street, with Nine- 
teenth street to Hebert street, with Hebert street to Eleventh street, with 
Kleventh street to Madison street, with Madison street to Blair avenue, 
with Blair avenue to Chambers street, with Chambers street to Thirteenth 
street, with Thirteenth street to Tyler street, with Tyler street to Eleventh 
street, with Eleventh street to Brooklyn street, with Brooklyn street and 
Brooklyn street extended to the middle of the main channel of the Mis- 
Sissippi River, up the middle of the main channel to place of beginning. 


Third Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River opposite foot of Brooklyn street; thence in a direct 
line to and with Brooklyn street to Eleventh street, with Eleventh street 
to Cass avenue, with Cass avenue to Blair avenue, with Blair avenue to 
O’Failon street, with O’Fallon street to Thirteenth street, with Thirteenth 
street to Carr street, with Carr street to Eleventh street, with Eleventh 
street to Wash street, with Wash street to Third street, with Third street 
to Carr street, with Carr street and Carr street extended to the middle of 
the main channel of the Mississippi River, up the middle of the main 
channel to place of beginning. 


Fourth Ward—Beginning in the middle of the main channel of the 
Mississippi River, opposite Carr street, thence with Carr street to Third 
street, with Third street to Wash street, with Wash street to Eleventh 
street, with Eleventh street to Morgan street, with Morgan street to 
Twelfth street, with Twelfth street to Gay street, with Gay street to Thir- 
teenth street, with Thirteenth street to Lucas avenue, with Lucas avenue 
to Sixteenth street, with Sixteenth street to Franklin avenue, with Frank- 
lin avenue to Kighteenth street, with Eighteenth street to Lucas avenue, 
with Lucas avenue to Seventeenth street, with Seventeenth street to Pine 
street, with Pine street to Fifteenth street, with Fifteenth street to Locust 
street, with Locust street to Fourteenth street, with Fourteenth street to 
St. Charles street, with St. Charles street to Thirteenth street, with Thir- 
teenth street to Market street, with Market street to Twelfth street, with 
Twelfth street to Pine street, with Pine street to Seventh street, with 
Seventh street to Market street, with Market street to the middle of the 
main channel of the Mississippi River, up the main channel of the Mis- 
Sissippl River to the place of beginning. 


Fifth Ward—Beginning at a point in the middle of the channel of the 
Mississippi River, opposite Market street, thence in a direct line and with 
Market street to Seventh street, with Seventh street to Pine street, with 
Pine street to Twelfth street, with Twelfth street to Market street, with 
Market street to Thirteenth street, with Thirteenth street to St. Charles 
street, with St. Charles street to Fourteenth street, with Fourteenth street 
to Locust street, with Locust street to Fifteenth street, with Fifteenth 
street to Pine street, with Pine street to Fourteenth street, with Fourteenth 
street to Clark avenue, with Clark avenue to Sixteenth street, with Six- 
teenth street to Missouri Pacific Railroad, with Missouri Pacific Railroad 
and Cerre street to Fourth street, with Fourth street to Plum street, with 
Plum street and Plum street extended to the middle of the main channel 
of the Mississippi River, up the middle of the main channel to the place of 
beginning. 


298 CHARTER OF THE CITY OF ST: LOUIS. DART. ay SeG. is. 


Sixth Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River opposite foot of Plum street; thence in a direct 
line to and with Plum street to Fourth street, with Fourth street to Cerre 
street, with Cerre street and the Missouri Pacific Railway to Twenty-second 
street, with Twenty-second street to Chouteau avenue, with Chouteau ave- 
nue to Grattan street, with Grattan street to Park avenue, with Park 
avenue to Thirteenth street, with Thirteenth street to Rutger street, with 
Rutger street and Rutger street extended to the middle of the main chan- 
nel of the Mississippi River, up the middle of the main channel to the 
place of beginning. 


Seventh Ward—Beginning at a point in the middle of the main chan. 
nel of the Mississippi River, opposite the foot of Rutger street; thence in a 
direct line to and with Rutger street to Thirteenth street, with Thirteenth 
street to Park avenue, with Park avenue to Dolman street, with Dolman 
street to Lafayette avenue, with Lafayette avenue to Fourteenth street, 
with Fourteenth street to Geyer avenue, with Geyer avenue to Eleventh 
street, with Eleventh street to Lafayette avenue, with Lafayette avenue to 
Broadway, with Broadway to Lesperance street, with Lesperance street 
to Second street, with Second street to North Trudeau street, with North 
Trudeau street, Trudeau street and Trudeau street extended to the middle 
of the main channel of the Mississippi River, up the middle of the main 
channel to the place of beginning. 


Bighth Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River opposite of Trudeau street, thence in a direct line 
to and with Trudeau street and North Trudeau street to Second street, 
with Second street to Lesperance street, with Lesperance street to Broad- 
way, with Broadway to Lafayette avenue, with Lafayette avenue to Elev- 
enth street, with Eleventh street to Victor street, with Victor street to 
Twelfth street, with Twelfth street to Lynch street, with Lynch street to 
Thirteenth street, with Thirteenth street to Pestalozzi street, with Pes- 
talozzi street to Ninth street, with Ninth street to Dorcas street, with 
Dorcas street to Broadway, with Broadway to Victor street, with Victor 
street and Victor street extended to the middle of the main channel of the 
Mississippi River, up the middle of the main channel to the place of 
beginning. 


Ninth Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River, opposite foot of Victor street, thence in a direct 
line to and with Victor street to Broadway, with Broadway to Dorcas 
street, with Dorcas street to Ninth street, with Ninth street to Pestalozzi 
street, with Pestalozzi street to Thirteenth street, with Thirteenth street 
to Lynch street, with Lynch street to Jefferson avenue, with Jefferson ave- 
nue to Miami street, with Miami street to Broadway, with Broadway to 
Potomac street, with Potomac street and Potomac street extended to the 
middle of the main channel of the Mississippi River, up the middle of the 
main channel to the place of beginning. 


Tenth Ward—Beginning at a point in the middle of the main channel 
of the Mississippi River opposite foot of Potomac street, thence in a direct 
line to and with Potomac street to Broadway, with Broadway to Miami 
street, with Miami street to Jefferson avenue, with Jefferson avenue to 
Gravois avenue, with Gravois avenue to Magnolia avenue, with Magnolia 
avenue to Pennsylvania avenue, with Pennsylvania avenue to Arsenal 
street, with Arsenal street to Grand avenue, with Grand avenue to Osceola 


AME. 4, Bec. DI CHARTER OF THE CITY OF ST. LOUIS. 299 


street, with Osceola street and Osceola street extended to the middle of 
the main channel of the Mississippi River, up the middle of the main chan- 
nel to the place of beginning. 


Bleventh Ward—Beginning at a point in the middle of the main chan- 
nel of the Mississippi River opposite foot of Osceola street; thence in a 
direct line to and with Osceola street to Grand avenue, with Grand avenue 
to Gravois avenue, with Gravois avenue to Hichelberger street, with Eichel- 
berger street and Eichelberger street extended to western city limits, with 
western and southern city limits to the middle of the main channel of the 
Mississippi River, up the middle of the main channel of the river to the 
place of beginning. 


Twelfth Ward—Beginning at intersection of Fourteenth street and 
Lafayette avenue; thence with Lafayette avenue to Jefferson avenue, with 
Jefferson avenue to Ann avenue, with Ann avenue to Ohio avenue, with 
Ohio avenue to Russell avenue, with Russell avenue to Oregon avenue, 
with Oregon avenue to Lafayette avenue, with Lafayette avenue to Grand 
avenue, with Grand avenue to Arsenal street, with Arsenal street to Penn- 
sylvania avenue, with Pennsylvania avenue to Magnolia avenue, with Mag- 
nolia avenue to Gravois avenue, with Gravois avenue to Jefferson avenue, 
with Jefferson avenue to Lynch street, with Lynch street to Twelfth street, 
with Twelfth street to Victor street, with Victor street to Eleventh street, 
with Eleventh street to Geyer avenue, with Geyer avenue to Fourteenth 
street, with Fourteenth street to Lafayette avenue, the place of beginning. 


Thirteenth Ward—Beginning at intersection of Grattan street and 
Chouteau avenue; thence with Chouteau avenue to Twenty-second street, 
with Twenty-second street to Missouri Pacific Railway, with Missouri Pa- 
cific Railway to West Jefferson avenue, with West Jefferson avenue to 
Chouteau avenue, with Chouteau avenue to Compton avenue, with Compton 
avenue to Rutger street, with Rutger street to Montrose avenue, with Mont- 
rose avenue to Park avenue, with Park avenue to Pennsylvania avenue, 
with Pennsvlvania avenue to Lafayette avenue, with Lafayette avenue to 
Oregon avenue, with Oregon avenue to Russell avenue, with Russell avenue 
to Ohio avenue, with Ohio avenue to Ann avenue, with Ann avenue to 
Jefferson avenue, with Jefferson avenue to Lafayette avenue, with Lafay- 
ette avenue to Dolman street, with Dolman street to Park avenue, with 
Park avenue to. Grattan street, with Grattan street to Chouteau avenue, 
the place of beginning. 


Fourteenth Ward—Beginning at intersection of Fourteenth street and 
Pine street; thence with Pine street to Beaumont street, with Beaumont 
street to Laclede avenue, with Laclede avenue to Ewing avenue, with Ewing 
avenue to Bernard street, with Bernard street to Jefferson avenue, with 
Jefferson avenue and West Jefferson avenue to Missouri Pacific Railway, 
with Missouri Pacific Railway to Sixteenth street, with Sixteenth street to 
Clark avenue, with Clark avenue to Fourteenth street, with Fourteenth 
street to Pine street, the place of beginning. 


Fifteenth Ward—Beginning at the intersection of Eleventh street and 
Carr street; thence with Carr street-to Thirteenth street, with Thirteenth 
street to O’Fallon street, with O’Fallon street to Fourteenth street, with 
Fourteenth street to Biddle street, with Biddle street to Sixteenth street, 
with Sixteenth street to Carr street, with Carr street to Twenty-second 
street, with Twenty-second street to Pine street, with Pine street to Seven- 


300 CHARTER OF THE CITY OF ST. LOUIS. [ART. I, Sec. 3. 


teenth street, with Seventeenth street to Lucas avenue, with Lucas avenue 
to Kighteenth street, with Eighteenth street to Franklin avenue, with Frank- 
lin avenue to Sixteenth street, with Sixteenth street to Lucas avenue, with 
Lucas avenue to Thirteenth street, with Thirteenth street to Gay street, 
with Gay street to Twelfth street, with Twelfth street to Morgan street, 
with Morgan street to Eleventh street, with Eleventh street to Carr street 
to the place of beginning. 


Siateenth Ward—Beginning at intersection of Eleventh and Tyler 
streets; thence with Tyler street to Thirteenth street, with Thirteenth 
street to Chambers street; thence with Chambers street to Blair avenue, 
with Blair avenue to Madison street, with Madison street to Fifteenth 
street, with Fifteenth street to Chambers street, with Chambers street to 
Sixteenth street, with Sixteenth street to Mullanphy street, with Mullanphy 
street to Hogan street, with Hogan street to Cass avenue, with Cass avenue 
to Jefferson avenue, with Jefferson avenue to Carr street, with Carr street 
to Sixteenth street, with Sixteenth street to Biddle street, with Biddle 
street to Fourteenth street, with Fourteenth street to O’Fallon street, with 
O’Fallon street to Blair avenue, with Blair avenue to Cass avenue, with 
Cass avenue to Eleventh street, with Eleventh street to Tyler street, the 
place of beginning. 


Seventeenth Ward-—Beginning at intersection of Twenty-second and 
Hebert streets; thence with Hebert street to Florissant avenue, with Flor- 
issant avenue to Farrar street, with Farrar street to Glasgow avenue, with 
Glasgow avenue to Hebert street, with Hebert street to Jefferson avenue, 
with Jefferson avenue to Cass avenue, with Cass avenue to Hogan street, 
with Hogan street to Maiden Lane, with Maiden Lane to Nineteenth 
street, with Nineteenth street to Benton street, with Benton street to 
Twenty-second street, with Twenty-second streat to Hebert streédt, to the 
place of beginning. : 


Eighteenth Ward—Beginning at intersection of Eleventh and: Hebert 
streets; thence with Hebert street to Twenty-second street, with Twenty- 
second street to Benton street, with Benton street to Nineteenth street, 
with Nineteenth street to Maiden Lane, with Maiden Lane to Hogan street, 
with Hogan street to Mullanphy street, with Mullanphy street to Sixteenth 
street, with Sixteenth street to Chambers street, with Chambers street to 
Fifteenth street, with Fifteenth street to Madison street, with Madison 
street to Eleventh street, with Eleventh street to Hebert street, the place of 
beginning. 


Nineteenth Ward—Beginning at intersection of Eleventh street and 
Ferry street; thence with Ferry street to Florissant avenue, with Floris- 
sant avenue to Obear avenue, with Obear avenue to Carter avenue, with 
Carter avenue to Warne avenue, with Warne avenue to Florissant avenue, 
with Florissant avenue to Adelaide avenue, with Adelaide avenue to Carter 
avenue, with Carter avenue to Fair avenue, with Fair avenue to Natural 
Bridge road, with Natural Bridge road to Clay avenue, with Clay avenue 
to Ashland avenue, with Ashland avenue to Sarah street, with Sarah street 
to St. Louis avenue, with St. Louis avenue to Jefferson avenue, with Jeffer- 
son avenue to Hebert street, with Hebert street to Glasgow avenue, with 
Glasgow avenue to Farrar street, with Farrar street to Florissant avenue, 
with Florissant avenue to Hebert street, with Hebert street to Nineteenth 
street, with Nineteenth street to Salisbury street, with Salisbury street to 
Blair avenue, with Blair avenue to Angelica street, with Angelica street to 
Eleventh street, with Eleventh street to Ferry street, to place of beginning. 


ART. I, Sec. 8.] CHARTER OF THE CITY OF ST. LOUIS. 301 


Twentieth Ward—Beginning at intersection of Jefferson avenue and 
St. Louis avenue; thence with St. Louis avenue to Coleman street, with 
Coleman street to Magazine street, with Magazine street to Webster avenue, 
with Webster avenue to Kaston avenue, with Easton avenue to Ewing ave- 
nue, with EKwing avenue to Lucas avenue, with Lucas avenue to Beaumont 
street, with Beaumont street to Franklin avenue, with Franklin avenue to 
Jefferson avenue, with Jefferson avenue to St. Louis avenue, the place of 
beginning, 


Twenty-first Ward—Beginning at intersection of Ewing and Easton 
avenues; thence with Easton avenue to Webster avenue, with Webster 
avenue to Magazine street, with Magazine street to Coleman street, with 
Coleman. street to St. Louis avenue, with St. Louis avenue to Spring ave- 
nue, with Spring avenue to Cozens avenue, with Cozens avenue to Prairie 
avenue, with Prairie avenue to Evans avenue, with Evans avenue to Van- 
deventer avenue, with Vandeventer avenue to Delmar boulevard, with Del- 
mar boulevard to Grand avenue, with Grand avenue to Lucas avenue, with 
Lucas avenue to Ewing avenue, with Ewing avenue to Easton avenue, the 
place of beginning. 


Twenty-seccond Ward—Beginning at intersection of Twenty-second and 
Carr streets; thence with Carr street to Jefferson avenue, with Jefferson 
avenue to Franklin avenue, with Franklin avenue to Beaumont street, with 
Beaumont street to Lucas avenue, with Lucas avenue to Grand avenue, 
with Grand avenue to Laclede avenue, with Laclede avenue to Beaumont 
street, with Beaumont street to Pine street, with Tine street to Twenty- 
second street, with Twenty-second street to Carr street, the place of be- 
ginning. 


Twenty-third Ward—Beginning at intersection of Kwing and Laclede 
avenues; thence with Laclede avenue to Vandeventer avenue, with Vande- 
venter avenue to Manchester avenue, with Manchester avenue to Papin 
street, with Papin street to Missouri Pacific Railway, with Missouri Pacific 
Railway to Tower Grove avenue, with Tower Grove avenue to Folsom ave- 
nue, with Folsom avenue to Grand avenue, with Grand avenue to Lafayette 
avenue, with Lafayette avenue to Pennsylvania avenue, with Pennsylvania 
avenue to Park avenue, with Park avenue to Montrose avenue, with Mont- 
rose avenue to Rutger street, with Rutger street to Compton avenue, with 
Compton avenue to Chouteau avenue, with Chouteau avenue to West Jeffer- 
son avenue, with West Jefferson avenue and Jefferson avenue to Bernard 
street, with Bernard street to Ewing avenue, with Ewing avenue to Laclede 
avenue, the place of beginning. 


Twenty-fourth Ward—Beginning at intersection of Grand and Folsom 
avenues; thence with Folsom avenue to Tower Grove avenue, with Tower 
Grove avenue to Missouri Pacific Railway, with Missouri Pacific Railway 
to Old Manchester road, with Old Manchester road to Boyle avenue, with 
Boyle avenue to Norfolk avenue, with Norfolk avenue to Tower Grove ave- 
nue, with Tower Grove avenue to Swan avenue, with Swan avenue to New- 
stead avenue, with Newstead avenue to Missouri Pacific Railway, with Mis- 
souri Pacific Railway to King’s Highway boulevard, with King’s Highway 
boulevard to south line of Forest Park, with south line of Forest Park to 
Skinker road, with Skinker road to Clayton avenue, with Clayton avenue to 
western city limits, with western city limits in a southerly direction, to a 
point where Eichelberger street extended would intersect the city limits, 
with Kichelberger street extended and [ichelberger street to Gravois ave- 
nue, with Gravois avenue to Grand avenue, with Grand avenue to Folsom 
avenue, the place of beginning. 


302 CHARTER OF THE CITY OF ST. LOUIS. [ART. I, Sec. 3. 


Twenty-fifth Ward—Beginning at intersection of Grand avenue and 
Delmar boulevard; thence with Delmar boulevard to Vandeventer avenue, 
with Vandeventer avenue to Cook avenue, with Cook avenue to Pendleton 
avenue, with Pendleton avenue to Fairfax avenue, with Fairfax avenue to 
Whittier street, with Whittier street to Olive street. with Olive street to 
Boyle avenue, with Boyle avenue to Lindell boulevard, with Lindell boule- 
vard to Newstead avenue, with Newstead avenue to Forest Park boulevard, 
with Forest Park boulevard to Boyle avenue, with Boyle avenue to Chou- 
teau avenue, with Chouteau avenue to Newstead avenue, with Newstead 
avenue, offset on Manchester avenue to Swan avenue, with Swan avenue to 
Tower Grove avenue, with Tower Grove avenue to Norfolk avenue, with 
Norfolk avenue to Boyle avenue, with Boyle avenue to Old Manchester 
road, with Old Manchester road to Missouri Pacific Railway, with Missouri 
Pacific Railway to Papin street, with Papin street to Manchester avenue, 
with Manchester avenue to Vandeventer avenue, with Vandeventer avenue 
to Laclede avenue, with Laclede avenue to Grand avenue, with Grand ave- 
nue to Delmar boulevard, the place of beginning. 


Twenty-sixth Ward—Beginning at intersection of St. Louis and Spring 
avenues; thence with St. Louis avenue to Sarah street, with Sarah street 
to Ashland avenue, with Ashland avenue to Newstead avenue, with New- 
stead avenue to St. Louis avenue, with St. Louis avenue to Pendleton ave- 
nue, with Pendleton avenue to Kennerly avenue, with Kennerly avenue to 
Marcus avenue, with Marcus avenue to Garfield avenue, with Garfield ave 
nue td Taylor avenue, with Taylor avenue to Cook avenue, with Cook ave- 
nue to Vandeventer avenue, with Vandeventer avenue to Evans avenue, 
with Evans avenue to Prairie avenue, with Prairie avenue to Cozens avenue, 
with Cozens avenue to Spring avenue, with Spring avenue to St. Louis 
avenue, the place of beginning. 


Twenty-seventh Ward—Beginning at intersection of Pendleton and St. 
Louis avenues; thence with St. Louis avenue to Marcus avenue, with Mar- 
cus avenue to Natural Bridge road, with Natural Bridge road to Euclid 
avenue, with Euclid avenue to Florissant avenue, with Florissant avenue to 
Calvary avenue, with Calvary avenue to Broadway, with Broadway to 
Wabash Railway, with Wabash Railway to western city limits, with west- 
ern city limits to Page boulevard, with Page boulevard to Taylor avenue, 
with Taylor avenue to Garfield avenue, with Garfield avenue to Marcus 
avenue, with Marcus avenue to Kennerly avenue, with Kennerly avenue to 
Pendleton avenue, with Pendleton avenue to St. Louis avenue, the place of 
beginning. 


Twenty-eighth Ward—Beginning at intersection of Pendleton and Cook 
avenues; thence with Cook avenue to Taylor avenue, with Taylor avenue to 
Page boulevard, with Page boulevard to western city limits, with western 
city limits to Clayton avenue, with Clayton avenue to Skinker road, with 
Skinker road to southwest corner of Forest Park, with south line of Forest 
Park to King’s Highway boulevard, with King’s Highway boulevard to 
Missouri Pacific Railway, with Missouri Pacific Railway to Newstead ave- 
nue, with Newstead avenue to Chouteau avenue, with Chouteau avenue to 
Boyle avenue, with Boyle avenue to Forest Park boulevard, with Forest 
Park boulevard to Newstead avenue, with Newstead avenue to Lindell 
boulevard, with Lindell boulevard to Boyle avenue, with Boyle avenue to 


ART. If, Sec. 1] CHARTER OF THE CITY OF ST. LOUIS. 303 


Olive street, with Olive street to Whittier street, with Whittier street to 
Fairfax avenue, with Fairfax avenue to Pendleton avenue, with Pendleton 
avenue to Cook avenue, the place of beginning. 


Nore—In the above ward descriptions where streets and avenues are 
named, it is understood to be the center of each street or avenue, and where 
railroads are named, it is understood to be the center of the main track. 


The ward boundaries here given were established by ord. 19289 (approved March 
28, 1898) under the provisions of the next section of this article, and are those 
still in force, but a bill to change them is now pending. See the original ward 
boundaries set out in Rev. Ord. 1881, pp. 103-114; and as to subsequent changes, 
see McQuillin Amen. Chart., p. 166, note c. The original boundaries were changed 
by commissioner’s report, approved Feb. 11, 1887 (pursuant to Laws 1885, .p. 72); 
then by ord. 16662, approved April 22, 1892; then by ord. 19289, approved March 
28, 1898. 


“The courts are authorized to take notice, without proof, that Arsenal street 
is in a distant southern part of St. Louis, by reason of the language of the charter of 
that city, in which it is expressly named as one of the ward boundaries”: 
Per Barclay, Walsh vs: Ry., 102 Mo. 1. c 589. 


Sec. 4. Correction of ward limits and permanent 
division lines.—The Municipal Assembly shall, every five years 
after the adoption of this Charter, establish corrected ward limits, 
which correction shall be made as near as practicable so as to equalize the 
number of registered voters in each ward; but in making the division the 
present eastern and western boundaries of wards as herein established 
shall be retained, so that Rosatti, Twelfth and Eleventh streets, Jefferson 
avenue and the present city limits shall remain division lines. 


See note to preceding section. 


ARTICLE II. 


ELECTION AND REGISTRATION. 


SECTION, 


1. General election for city officers. 


SECTION I. A general election of all elective officers required by this 
Charter or by any ordinance of this city shall be held on the first Tuesday 
in April, 1877, and every four years thereafter, except as otherwise pro- 
vided in this Charter and the Scheme. 


* * * * 


See also Charter, Art. III, Sec. 26, Clause 8. All the original charter provisions 
(except above) were superseded by the state statutes, which now control elec- 
tions. The charter provisions are therefore omitted here. These election laws 
are set forth hereinbefore under “Laws Specially Applicable to St. Louis.” 
Chapter 9, ante pp. 124-156. The present law has been sustained by the courts. 
See notes to said reference and cases there cited. For a history of election laws 
relating to St. Louis see McQuil. Amended Charter, p. 179, note. 


304 


CHARTER OF THE CITY OF ST. LOUIS. 


DAF, Li: 


ARTICLE III. 


LEGISLATIVE DEPARTMENT. 


SECTION 


2: 


Municipal Assembly to consist of two 
Houses. 


MEMBERS OF MUNICIPAL ASSEMBLY— 


ORGANIZATION AND SESSIONS. 


2. Council composed of 13 members, qual- 
ifications, etc. 

8. Terms of members of first Council; tie 
vote; one-half of Council to be elect- 
ed biennially. 

4. House of Delegates elected every two 
years. 

5. Qualifications of members of House of 
Delegates. 

6. Additional qualifications for members 
of Assembly; oath of members, etc. 

7. Vacancies in Assembly, how filled. 

8. Hach House to appoint its own officers 
and be judge of the election, etce., 
ot its own members; tie vote; may 
punish for contempt; president of 
Council elected every four years; 
speaker of House; quorum; sessions; 
adjournment, etc. 

9. Journal of proceedings. 

10. Members of Assembly ineligible for of- 
fice during terms. 

11. One annual session. 

LEGISLATIVE PROCEEDINGS. 

12. Style of ordinances. 

13. Origin, amendment and passage of 
bills; report on public improvement 
bills required within limited time. 

14. Compensation of members of Assem- 
bly. 

15. Engrossment of bills. 

16. Vote of majority of members elect 
necessary to pass bill. 

17. Amendments; reports of committees on 
Conference. 

18. Reference to title insufficient to re- 
enact. 

19. Form of amendments. 

20. Motion to reconsider, etc. 

21. Ordinances to take effect ten days af- 
ter approval, except in cases of 
emergency. 

22. Bills to be signed in open session; to 
be read at length; objections, how 
disposed of. 

$3.. Bills approved to be returned by 
Mayor within ten days. 

24, Mayor may object to items of appro- 
priation and approve portions of 
bill. 

25. Veto of ordinances by Mayor. 

LEGISLATIVE POWERS ENUMERATED 


26. 


—LIMITATIONS. 
Legislative powers vested 
and Assembly. 


in Mayor 


First—to assess, levy and_ collect 
taxes; borrow and appropriate 
money. 

Second—To establish, improve, light, 


sprinkle, etc., streets; condemn prop- 


SECTION. 


35. 


. Appropriations 


erty; repairs of streets, bridges, etc.; 


water-courses, water works; Police 
and Fire Departments. 
Third—Municipal buildings; market 


places, and authority to improve or 
sell parks, ete. 

Fourth—To improve harbor; regulate 
ferries; create port wardens; regu- 
late mooring of vessels; lease por- 
tions of wharf, etc. 

Fifth—To license, tax, and regulate 
various kinds of business, etc.; fix 
rates for carriage, drayage, etc., and 
regulate width of tires; to suppress 
certain occupations and amuseé- 
ments. 

Sixth—To establish quarantine; regu- 
late quarrying, slaughtering of ani- 
mals, and abate nuisances; summary 
power of Mayor. 

Seventh—To establish standard for 
weights and measures; inspection of 
lumber, ete., and various articles of 
food and manufacture, etc. 

Eighth—To regulate and provide for 
elections; fix jury fees, salaries, etc. 

Ninth—To prevent riots; to regulate - 
or prohibit animalsrunning at large; 
obstructions on streets, etc. 

Tenth.—To impose and collect fines, 
ete.; commitments to Workhouse. 

Eleventh—To protect rights of city 
in corporations; grant, regulate or 
repeal railway franchises; free 
passes on street railways prohibited. 

Twelfth—To examine premises; regu- 
late storage of gunpowder, etc., pro- 
hibit wooden buildings, and enforce 
precautions against fire; inspection 
of buildings, ete. 

Thirteenth—To provide for insane per- 
sons and paupers; assessments, etc., 
of state revenue. 

Fourteenth—General authority to pass 
and enforce ordinances; provide for 
census. 


. To guard against fires in public halls, 


etc. 


Numbering, printing, etc., 
nances; repeal of same. 


of ordi- 


Revision of general ordinances. 


. Assembly forbidden to remit taxes or 


compromise claims. 


. Power to compel attendance of wit- 


nesses, ete., and administer oaths. 


2. Power to distribute duties of officers 


and abrogate offices. 
for charitable pur- 


poses. 


4. Stone quarries, soap factories, etc., for- 


bidden within 300 feet of dwell- 
ings, except by consent. 

Restrictions as to cholera, 
patients. 


smallpox 


Are Lil Set. 1S 6, | CHARTER OF THHeClIYyy OF ST? DOUIS. 305 


Section 1. The Municipal Assembly.—The legislative power of 
the City of St. Louis shall be vested in a Council and a House of 
Delegates, to be styled the “Municipal Assembly of the City of St. Louis.” 


As to the powers of the municipal assembly, its legislative functions and the 
extent to which the courts may or may not interfere therewith, and when its 
ordinances are or may be declared invalid, etc., see nete introductory to Art. 
III, Sec. 26, of this Charter, and authorities there cited. 


As to ordinance provisions respecting the municipal assembly, its organization, 
elections thereto, etc., see Rev. Code, Chap. 15, Art. I, Secs. 1376 and following; as 
to ordinances on the subject of ordinances, see 7}. Art. 2, Secs. 1397-1414, and 
note sto .Charter, Arts IE. Sec: 12. 


Until the constitutional amendment in 1902 the assembly was required to con- 
sist of two houses (as at present) but the amendment then passed will permit 
of an amendment to the charter so that the assembly will consist of ‘“‘at least 
one house of legislation to be elected by a general ticket’: Const., Art. IX, Sec. 22. 


MEMBERS OF MUNICIPAL ASSEMBLY—ORGANIZATION AND SESSIONS. 


See. 2. The Council.—The Council shall consist of thirteen 
members, one of whom shall be its president, who shall be chosen on a 
general ticket by the qualified voters of the city, for four years, subject to 
the exception stated in the next section. Every member of the Council 
shall be a qualified voter, at least thirty years of age, and shall have been 
a citizen of this State five years, and an inhabitant of the city for one 
year next before the day of his election. 


The provision originally contained in Sec. 2, requiring a member of the council 
to be.“a freeholder of property therein,” is omitted because it was rendered 
void by Sec. 5259, R. S. 1899, declaring every such provision as “inoperative and 
void.” 


Elected and appointed officers of the city are required to be citizens of the 
city at least two years, etc. See Chart., Art. IV, Sec. 10. 


As to the ordinances relating to councilmen, elections, compensation, etc., 
Seen Re "Gy LStt veteseg: 


Sec. 3. Terms of councilmen first elected — elections. 
Of the members of the Council first elected, the president and the six 
receiving the highest number of votes shall hold their office for 
four years, and the other six for only two years. In case of a 
tie the senior in age shall hold for four years. At each general election 
thereafter for members of the House of Deiegates, members of the Council 
shall be elected to succeed those whose terms will then have expired. 


Sec. 4. House of delegates—election.—The House of Dele- 
gates shall consist of one member from each* ward, to be chosen every 
two vears by the qualified voters of the several wards. 


Sec. 5. Qualification of delegates.—Every member of the House 
of Delegates shall, before the day of election, have attained the age of at 
least twenty-five vears, have been a citizen of the United States and an in- 
habitant of the city three years, and of the ward which he may be chosen 
to represent, one year, and shall have paid city and State taxes for at least 
two years next before the day of election. 


Sec. 6. Additional qualifications.—In addition to qualifications in 
the preceding sections, every member of the Municipal Assembly shall pos- 
sess the following: He shall not be directly or indirectly interested in any 


306 CHARTER OF THE CITY OF ST. LOUIS. [ARD.IL sec: 7.3. 


contract with the city, or any department or institution thereof, and shall 
not be indebted to the State or city on account of any tax. He shall not 
have been convicted of malfeasance in office, bribery or other corrupt prac- 
tices or crimes. Before any member of the Council or House of Delegates 
shall take his seat or perform the duties of his office, he shall take and 
subscribe an oath before the Register, (who shall file the same in his office, ) 
that he possesses all the qualifications required in this and the preceding 
sections, and is not subject to any of the disqualifications therein named, 
and that he will support the Constitution of the United States and of this 
State, and faithfully discharge the duties of his office. Any member, who 
shall at any time during his term cease to possess any of the qualifications 
mentioned in this and the preceding sections, shall thereby forfeit his office, 
and the same shall be filled as provided for in cases of other vacancies. 


Similar disqualifications as to all elected and appointed officers: See Chart., 
Art. IV, See. 10, and note thereto; see also as to assemblymen further ineligibility, 
ATC Ui eSeenno: 


Member interested in contract: R. S. 1899, Sec. 2346, providing that ‘a city officer 
is guilty of misdemeanor if he becomes interested in a city contract applies to a 
member of’ the municipal] assembly: State vs. Kelly, 103 Mo. App. 711 (holding 
that he may be punished although the same statute provides for removal from 
office). 


A similar provision making any interest in a city contract a disqualification for 
office exists as to ‘‘all elected and appointed officers,’’ in Charter, Art. IV, Sec. 10, 
and the subject is more fully treated in a note thereto. 


Payment of taxes: It seems that payment of taxes on the day of election is in 
time to avoid ineligibility under a statute making it such for a:candidate to 
be in arrears for unpaid city taxes: State ex inf. vs. Berkeley, 140 Mo. 184; but 
a receipt made the day after election without naming any sum or specific property 
is worthless to show payment of taxes: State ex rel. vs. Williams, 99 Mo. 291. 


Conviction for other corrupt practices or crimes, in this section means those of 
the same class as those enumerated, and selling lottery tickets is not such: 
State ex rel. vs. Bersh, 83 Mo. App. 657, 666. 


Sec. 7. Vacancies in Assembly—how filled.— Whenever a vacancy 
occurs, from any cause, in the office of any member of the Assembly, the 
Mayor, upon information thereof, shall, by proclamation, order an election 
to fill such vacancy for the unexpired term thereof, if the same exceed three 
months, to be heid upon some day named in such order, not less than 
twenty nor more than thirty days next after the issuing of the procla- 
mation. 


Ordinance provision, see Rev. Code, Sec. 1390. As to what constitutes a vacancy 
in general, see note to Art. IV, Sec. 5. 


When the House ousts one of its members-elect as ineligible, a vacancy occurs 
and the House cannot declare t:.e candidate receiving the next highest vote as 
elected, but the mayor must fill the vacancy: Sheridan vs. St. Louis, 183 Mo. 25. 


Sec. 8. Officers—prerogatives of Assembly —sessions—quo- 
rum—adjournment.—Each house shall appoint its own officers, except the 
President of the Council,and shall be sole judge of the qualifications, election 
and returns of its own members; and in case of a tie vote shall certify the same 
to the Mayor, who shall order a new election; may determine the rules of 
its own proceedings, except as herein provided; may arrest and punish by 
fine, not exceeding three hundred dollars, or imprisonment, as provided by 
ordinance, not exceeding ten days, or both, any person not a member, who 
shall be guilty of disrespect to the House by any disorderly or contemptuous 
behavior in its presence during its sessions; may punish its members for 
disorderly conduct, and with the concurrence of two-thirds of all members- 


ART. III, Sec. 9-10.] CHARTER OF THE City OF ST, LOUIS. 307 


elect, may expel a member; but no member shall be expelled a second time 
for the same cause. The presiding member of the Council shall’ be desig- 
nated as “president,” and shall be elected as such by the qualified voters, by 
general ticket every four years. The presiding officer of the House of Dele- 
gates shall be designated as ‘speaker,’ and be elected by the members 
thereof. A majority of the whole number of members of each house shall 
constitute a quorum to do business; but a smailer number may adjourn 
from day to day, and may compel the attendance of absent members in 
such a manner and under such penalties as each house may provide. The 
sessions of each house shall be held with open doors. Neither house shall, 
without consent of the other, adjourn for more than seven days at any one 
time, nor to another place than that in which the two houses may be sit- 
ting. The Assembly shall hold its sessions in the City Hall, subject to 
temporary change as aforesaid. 
Although the House of Delegates may oust a candidatereturned as elected, on the 
ground that he is disqualified by former conviction for crime, it cannot declare 
the candidate against him as elected and admit him as a member, because it 
cannot fill a vacancy caused by its action: Sheridan vs. St. Louis, 183 Mo. 25. 
It was held at first by the Court of Appeals that notwithstanding the above charter 
provision the courts may exercise a supervisory control where the house departs 
from or exceeds its powers: State ex rel. vs. Giovanoni, 59 Mo. App. 41; but 
this case was overruled in State ex rel. vs. Bersh, 83 Mo. App. 657 (Biggs, J., dis- 
senting) and it was held,that it is solely within the sphere of the House to judge 
of thc qualifications of its members and that its acts in that respect cannot 
be controlled by the courts. 


The Speaker of the House holds his office at the will of a majority of the 
delegates, and may be at any meeting removed by them: State ex rel. vs. 
Alt, 26-Mo. App. 678. For ordinance on Speaker see R. C., Sec. 1381. 


As to the President of the Council, see :xupra Sec. 2. 


The functions of the presiding officers are legislative: See Albright vs. Fisher, 
164 Mo. 1. c.-65 (overruling State ex rel. vs. Meier, 143 Mo. 439, in so far as the 
latter held that such officer could be compelled by mandamus to sign a bill). 


Rules may be suspended, waived or modified: Sedalia vs. Montgomery, 109 
Mo. App. 197, 210. 


For ordinance on Rules and Regulations see R. C., Sec. 1388. 
For ordinance on contumacy, how dealt with, see R. C., Sec. 1394. 
See. 9. Journal to be kept.—Each house shall keep a journal of its 


proceedings, and the yeas and nays of the members on any question shall, 
at the desire of any two members, be taken and entered therein. 


AS toOryedas and Maw seerArt. Lily Secs. «bo. 21) 2551307 Art «LV,-Sec. 12% 


The journal required by statute for cities of the third class is competent proof 
of the proceedings but not conclusive in jurisdictional matters: Sedalia vs. 
Montgomery, 109 Mo. App. 197 (certified to the Supreme Court as in conflict 
with Knopfi vs. Roofing Co., 92 Mo. A pp. 279 and Sedalia vs. Scott, 104 Mo. 
App. 595). wv 


Silence of a member does not evidence his consent to a measure: Carle vs. 
De Soto; 63 Mo. App. 1. « 1638. 


Sec. 10. Members ineligible to office during term.—No member 
of the Assembly shall, during the term for which he is eiected, be eligible 
or appointed to any office under the city, nor shall any member of the As- 
sembly, while such, be an employe of the city, or of either branch of the 
Assembly, in any capacity whatever, and no compensation shall be audited 
or paid for services as such officer or employe. 

For other disqualifications of assemblymen see Art. III, Sec. 6; IV Sec. 10 and 
note thereto. 


No member of General Assembly shall be appointed to any state office or of 
any municipality: Const., Art. IV, Sec. 12; in cities of over 200,000 inhabitants no 


- 


308 CHARTER OF THE CITY OF ST?-DOUIS. [ART-“111, ee. Li. 


person shall be both state and city officer or fill two municipal offices, (not 
applicable to notaries, justices of the peace or militia) Const., Art. IX, Sec. 18. 


Sec. 11. One annual session.—One session of the Assembly shall 
be held annually, beginning on the third Tuesday of April. 


Amendment passed in 1885; formerly sessions began on first Tuesday instead of 


third. Extra sessions of the municipal assembly and what legislation may be 
had thereat: see note to Art. IV, Sec. 18. 


LEGISLATIVE PROCEEDINGS—ORDINANCES.* 


*GENERAL NOTE ON ORDINANCES. 


For ordinances on the subject of ordinances see Rev. Code, Ch. 15, Art. 2, Secs. 
1397 to 1414. 


As to legislative powers of the Municipal Assembly, and its limitations, and the 
control of the courts to annul ordinances, see note to Art. III, See. 26 (heading). 


Ordinances in force at adoption of charter, not in conflict with it, remain in 
force until repealed: Charter, Art. XVI, Sec. 1. 


Departure from prescribed form by omission of the ordaining clause or similar 
informalities is not fatal to the validity of the ,ordinance; such provisions are 
directory unless stated to be indispensable: St. Louis vs. Foster, 52 Mo. 513. 
See to same effect Rockville vs. Merchant, 60 Mo. App. 365, 371; St. Louis vs. 
Stern, 3 Mo. App. 48; see also Tarkio vs. Cook, 120 Mo. 1, 7-8. 


It was held that, like statutes, city ordinances cannot be shown to be invalid 
by going behind the formal attestation and showing that the requirements 
of the organic law were not complied with: Ball vs. Fagg, 67 Mo. 481, 484; but 
this case was overruled in subsequent cases; see notes to heading of Sec. 26 of 
this article. 


Ordinances unauthorized by charter or in conflict with it, see note to Art. III, 
Sec. 26. 


Ordinances to go into effect om certain contingeney are valid. See note to 
TATU LIL 56 Chl 


Partial walidity of ordinances. Where certain provisions of an ordinance are 
attacked, which are valid, and such provisions are severable from and not 
dependent upon invalid parts, the whole enactment will not be declared void be- 
cause of such invalid portions, but the valid portion will be sustained, unless 
that would defeat the general object of the enactment, in which case the whole 
is void: St. Louis vs. Liessing, 190 Mo. 464, loc. cit. 489; St. Louis vs. Grafeman 
Dairy Co., 190 Mo. 492; Kirkwood vs. Highlands, 94 Mo. App. 637; Asphalt Co. vs. 
Ulman, (137. Mo. 1c. 56924St Louis vs. Ry... 89 Mo. 44-2 bannibalevsselty.oLm os 
App. 23; Quinette vs. St. Louis, 76 Mo. 402, 404. 


Ordinances presumptively valid. Ordinances are presumed to be valid and the 
burden to show that any of the-steps required by law in its passage were not 
properly taken rests upon him attacking it: Savings Bank vs. Ridge, 183 Mo. 
506, 518 (special tax bill under ordinance); State ex rel. vs. St. Louis, 174 Mo. 
125, 1386 (two-thirds vote required being presumed unless contrary shown); 
Young vs. St. Louis, 47 Mo. 492 (two-thirds vote presumed when required). 
They are presumed to be passed as required by the charter: State ex rel. vs. St. 
Louis, 169 Mo. 31, 37; if not passed in a certain required manner necessary to 
their validity or if certain conditions precedent essential to their validity do 
not exist, that is special matter of defense to be pleaded and proved: St. Louis 
vs. Gleason, 15 Mo. App. 25, 29 (street opening). Parol evidence was at one 
time held inadmissible: Ball vs. Fagg, 67 Mo. 481; but this was said to have 
been practically overruled by State ex rel. vs. Mead, 71 Mo.; See Fruin Bambrick 
vs. Geist, 37 Mo. App. 1. c. 516. See also cases under note to Charter, Art. 
ITI, Sec. 9. 


Attacking ordinance in the courts for fraud or as being unreasonable or oppres- 


sive, see note to Charter, heading of Sec. 26 of Art. III, and authorities there 
cited. 


ART. IIT, ‘Sec..22.] GENERAL NOTE ON ORDINANCES. 309 


Pleading ordinances—judicial notice. The courts will not take judicial notice 
of ordinances; the party relying on the same must set out so much of them 
as may be necessary for his position: St. Louis vs. Liessing, 190 Mo. 464, 490 
(and see p.485 that if one section of an ordinance, of many sections, is pleaded, 
it is very doubtful whether other sections of the same ordinance can be consid- 
ered); Mooney vs. Kennett, 19 Mo. 551; St. Louis vs. Roche, 128 Mo. 541, 544-545; 
Tarkio vs. Loyd, 179 wo. 600, 605; Givens vs. Van Studdiford, 86 Mo. 149 (dis- 
tinguished in Bragg vs. Railway, 192 Mo. 1. c. 350); St. Louis vs. Bippen, 100 
S. W. 1048. 


Reference merely to title and date of passage without more is insufficient: St. 
Louis vs. Stoddard, 15 Mo. App. 173, 179. But if the ordinance is a mere matter 
of evidence, and not the basis of the claim, and simply defines certain duties, 
the ordinance need not be pleaded, for the rule that evidence should not be 
pleaded is applicable to ordinances: Bailey vs. Kansas City, 189 Mo. 503, 514; 
Bragg vs. Street Ry., 192 Mo. 331, 350; Meng vs. Railroad, 108 Mo. App. 553, 564; 
Mulderig vs. Railroads, 116 Mo. App. 655, 665. As to the sufficiency of pleading 
ordinances in a police court, charging violation of an ordinance, see notation to 
Rev. Code, Sec..1279. And it may be that a strictly municipal court will take 
notice of the city ordinances of a general nature: See McQuil, “Amended 
Charter,” note on p. 200 to Art. III, Sec. 26 of Charter, citing cases from other 
states. 


Although the case declares on an ordinance and pleads it, yet if there 
is sufficient pleaded and proved to make a case at common law the plaintiff 
may recover although the ordinance is not proved: Winkelman vs. Electric 
Co., 112 Mo. App. 184, 190, citing other cases. 


Evidence of ordinances—how ordinances proved, Rev. St. Mo. 1899, Sec. 3100, 
provides that printed copies of ordinances purported to be published by authority 
of the city and certified to by the officer having charge of the same (register), 
with the seal of the city, are admissible in all the courts of this state without 
further proof; and any printed volume purporting to be published by such 
authority and to contain the ordinances are so admissible: See on this subject 
Campbell vs. Railway, 175 Mo. 171, 176 (in that case being the St. Louis Revised 
Ordinances); and no seal or attestation to printed volume is in such case re- 
quired: St. Louis vs. Foster, 52 Mo. 513, 517 (also referring to the Revised Ord. 
of St. Louis); Tarkio vs. Cook, 120 Mo. 1, 12, citing Tipton vs. Norman, 72 Mo. 381. 


By ordinance provision a reference to the revision of the St. Louis ordinances 
by section number is sufficient: See Rev. C., Sec. 1414. 


But it may be observed that even in case of the official statutory revision, it may 
be shown that a provision has been illegally carried into it, and reference to the 
original rolls in the office of the Secretary of State is permissible to ascertain 
the facts: Bowen vs. Railway, 118 Mo. 541. 


Proof where original ordinance record torn outofregularordinancerecord book: 
Webb City vs. Parker, 103 Mo. App. 295; proof where original ordinance is lost: 
-Covanee vs. Milan, 99 Mo. App. 672; Wells vs. Pressy, 105 Mo. 164, 178; Rockville 
vs. Merchant, 60 Mo. App. 365, 370. 


That ordinances cannot be impeached by parol, or going behind the formal at- 
testation, to prove that the formalities required by the charter were not complied 
with has been stated above in this note. 


Public presumed to Know ordinances. The residents within a municipality must 
be held to know and take notice of the ordinances of the city; and this require- 
ment is not inconsistent with the rule that the courts do not take judicial notice 
thereof: Jackson vs. Ry., 118 Mo. 199, 218-219. 


And the provisions enter into a contract made with the city, whether formally 
referred to therein or not: See note to Art. XVI, Sec. 7. 


As to judicial and public notice of Charter provisions, see note introductory to 
Art. I of the Charter: ‘General Considerations Respecting Charter.” 


Estoppel to attack ordinance as invalid by one who claims the benefit thereof: 
California vs. Telephone Co., 112 Mo. App. 722; Henderson vs. Koenig, 192 Mo. 690. 
See also note to Chart., Art. VI, Sec. 25. as to estoppel of owner to contest ordi- 
nance on which special tax bill is issued; and as to the doctrine of estoppel 


310 CHARTHRIOF THE "CITY: OF ST LOUIS) TART: Til sec. 12-22, 


applying against and in favor of the city see’ note to Chart., Art. XVI, Sec. 7 
and cases cited. 


Construction of ordinances: See note at heading of Sec. 26 of Art. III, and 
cases there cited. 


Construction of ordinances is for the court, and should not be left to the 
jury: Barton vs. Odessa, 109 Mo. App. 76. Nor can its validity be left to the 
jury: Ervin Bambrick vse Geist..37 {Mon App alence Olio: 


See as to certain ordinances on construction: of city ordinances: Rev. Code, Secs. 
1400-1410. 


See. 12. Style of ordinances.—The style of ordinances of this city 
shall be: “Be it ordained by the Municipal Assembly of the City of St. 
Louis, as follows:” 


See. 13. Origin, amendment and passage of bills—report on 
public improvement bills required within limited time.—No 
ordinance shall be passed except by bill, and no bill shall be so amended in its 
passage. through either house as to change its original purpose. Bills may 
originate in either house, and may be amended or rejected by the other ; and every 
bill shall be read on three different days in each house. Except as here- 
inafter specificaliy provided, no bill shall be considered for final passage 
unless the saine has been reported upon by a committee. No bill (except 
general appropriation bills, which may embrace the various subjects and 
accounts for and on account of which moneys are appropriated), shall con- 
tain more than one subject, which shall be clearly expressed in its title. 
Any bill or matter recommended by the Board of Public Improvements and 
referred to either a standing or special committee of the Council or House 
of Delegates shall be reported upon by that committee within forty days 
from the time it was so referred. In the event of failure of such commit- 
tee to so report within the time specified, the bill or subject matter shall be 
considered as before the Council or House of Delegates, as the case may be, 
and shall be referred to a committee of the whole Council or House of 
Delegates, and acted upon by said committee of the whole. 


That ordinances are presumed to be regularly passed, etc., and also that they 
are not void because of informalities in enactment, see preceding note (Art. III, 
Secs t2)); 


This section is an amendment adopted at the election on Oct. 22, 1901, the 
amendment adding two sentences (after the words ‘‘expressed in its title’’). 


Departure from the form is not fatal: See authorities in the preceding note. 


Three different readings held directory as to cities of the fourth class: See 
Aurora) vs;;Aurora.,.Co7, 1299 Mos b40 55 taeand as tor City: Of ste eOulS cS tanlIOtiS 
vs. Foster, 52 Mo. 513, 1. c. 515 (holding that an ordinance regularly authenticated 
in the revision, could not be impeached on that ground). 


Changing purpose: See similar constitutional provision construed in State ex 
rel. vs. Mason, 155 Mo. 486, 502, where the court says: “This purpose means the 
general purpose of the bill, not the mere details through which and by which that 
purpose is manifested and effectuated.” 


No bill shall contain more than one subject, which shall be clearly expressed in 
the title: This clause is not violated if all the provisions are germane to the 
one subject, and the generality of the title is no objection so long as it is not 
made to deceive, or to cover legislation incongruous in itself; sound policy and 
legislative convenience dictate a liberal construction of the title and subject 
matter to maintain their validity: St. Louis vs. Liessing, 190 Mo. 464, 489; State 
vs. Whitaker, 160 Mo. 59; State ex rel. vs. St. Louis, 169 Mo. 31; Bergman vs. 
Ry., 88 Mo. 678, 683 (Henry, J., dissenting, 685); Senn vs. Ry., 124 Mo. 621, 627; 
Weber vs. Jonnson, 37 Mo. App. 601; St. Louis vs. Weitzel, 130 Mo. 600, 615-616. 


ART. III, Sec. 14-17.] CHARTER OF THE CITY OF ST. LOUIS. 311 


» 

(Nearly all the above are decisions on St. Louis ordinances, but there are 
numerous decisions in this state upholding state statutes against a like consti- 
tutional provision, on the same principle. These cases are to the effect that the 
title is sufficient if not deceptive as to the chief topic, and the minor features 
have a natural connection with the subject named in the title. See also on this 
subject: Bigivmevem tC DiCaso, e200. Ua Sut O0Mlocuccite. 45.1. The constitutional 
inhibition does not apply to an ordinance: Tarkio vs. Cook, 120 Mo. 1, 1. ¢. 7.) 
But if the purpose of the bill is not expressed’in the title, although the body 
of the bill expresses the object, it is void; it was said “the body of the bill 
expresses its object, the title disguises and conceals it’’: .State ex rel. vs. St. 
Louis, 161 Mo. 371, 386 (Marshall, J., dissenting, p. 398), repeating a quotation 
found in Kansas City vs. Payne, 71 Mo. I. c. 162. 


Sec. 14... Compensation of members.—EHach member of the Assembly 
shali be entitled to receive, for his official services of every kind, annually, 
during his term of office, three hundred dollars, and no more; but may be 
paid his reasonable expenses, authorized and incurred in any such service, 
to be approved by the house of which he is a member. Whenever a mem- 
ber of the Assembly is absent, without leave from his house first obtained 
therefor, for an entire sitting of any meeting, he shall forfeit one dollar of 
his official compensation; and for this purpose the roll of each house shall 
be called at each meeting thereof, and the names of such absentees shall 
be entered upon the journal, and be reported at the close of each meeting 
to the auditor, who shall deduct from each member’s allowance the amount 
of forfeitures incurred as aforesaid. 


For ordinance on this subject-see Rev. Code, Sec. 1378. 


One not de jure but only de facto a member of the House cannot recover the 
salary from the City: Sheridan vs. St. Louis, 183 Mo. 25. 


See. 15. Engrossment of bills.—All amendments adopted by 
either house, to a bill pending and originating in the same, shall be incor- 
porated with the bill by engrossment. The engrossing shall be under the 
supervision of a committee of three, whose report to the house shall set 
forth, in writing, that they find the bill truly engrossed, and correct. 


For similar constitutional provisions for statutes see Const., Art. IV, Sec. 29. 


Sec. 16. Majority vote necessary to pass bill.—No bill shall become 
an ordinance unless on its final passage the majority of the members elected 
to each house vote in its favor, and the vote be taken by yeas and nays, and 
the names of the members voting for and against the same be entered on the 
journal. 


Yeas and nays: See St. Louis vs. Foster, 52 Mo. 1. c, 615-516, citing N. Y. 
case. See as to construction of corresponding constitutional provision with 
respect to statutes, (Const., Art. IV, Sec. 31): State vs. Mead, 71 Mo. 266. The 
court takes judicial knowledge of the number of senators and members of state 
assembly: State ex rel. vs. Mason, 155 Mo. 486. 


See. 17. Amendments, conference reports.—No amendment to 
bills by either house shall be concurred in by the other, except by a vote of a 
majority of the members elected thereto, taken by yeas and nays, and the 
names of those voting for and against, recorded upon the journal thereof; 
and reports of committees of conference shall be adopted in either house 
only by the vote of a majority of the members elected thereto, taken by 
yeas and nays, and the names of those voting recorded upon the journal. 


See substantially similar constitutional provision as to statutes: Const., Art. 
IV, Sec. 32. 


312 CHARTER OF THE CITY-OR ST. LOUIS. [ART. ITI,” Sec.) 18422. 


Sec. 18. Reference to title insufficient to re-enact. — No ordinance 
shall be revived or re-enacted by mere reference to the title thereof, but the 
same shall be set forth at length, as if it were an original ordinance. 


See Tike constitutional provision as to statutes: Const., Art. IV, Sec. 33. Con- 
strued State ex rel. vs. Finn, 8 Mo. App., 341; French vs. Woodward, 58 Mo. 66. 


Sec. 19. Form of amendment.—No ordinance shall be amended by 
providing that designated words thereof be stricken out, or that designated 
words be inserted, or that designated words be stricken out and others in- 
serted in lieu thereof: but the ordinance or section amended shall be set 
forth in full, as amended. 


See constitutional provision, relating to statutes, Const., Art. IV, Sec. 34, con- 
strued: 96 Mo. 602; 92 Mo. 325; 47 Mo. 29: 58 Mo. 66 supra; 100 Mo. 439. 


Sec. 20. Motion to reconsider.—When a bill is put upon its final 
passage in either house, and failing to pass, a motion is made to reconsider 
the vote by which it was defeated, the vote upon such motion to reconsider 
shall be immediately taken, and the subject finally disposed of before the 
house proceeds to any other business. 


See Gonst./ Artisl Vewsecimco: 


Sec. 21. When ordinances to take effect.—No ordinance passed 
by the Assembly, except the generai appropriation ordinance, shall take 
effect or go in force until ten days after its approval, unless in case of an 
emergency, (which emergency must be expressed in the preamble or in the 
body of the ordinance,) the Assembly shall, by a vote of two-thirds of all 
the members elected to each house, otherwise direct; said vote to be taken 
by yeas and nays, and entered upon the journal. 


See constitutional provision as to statutes: Const., Art. IV, Sec. 36. 


This provision in the charter fixing the time within which ordinances shall 
take effect is in the nature of a limitation upon legislative and ministerial power. 
It is founded in the policy of allowing a certain time to elapse within which 
the public may acquire Knowledge of the ordinance before it’ shall become oper- 
ative for any purpose; as in case of an act of the general assembly, so if 
any step founded on such ordinance is taken before it becomes operative no valid- 
ity attaches to such step: Keane vs. Cushing, 15 Mo. App. 96, 101. 


’ 


But an ordinance may lawfully be made to depend and be made-contingent in 
going into effect, upon the happening of a future event within a reasonable time 
after the expiration of the ten days: Construction Co. vs. Loevy, 64 Mo. App. 
430, 482 (relying on State ex rel. vs. Pond, 93 Mo.-606 1. c. 621; the case was 
affirmed without notice of this point: 179 Mo. 255); Sherwood, J., in St. Louis vs. 
Howard, 119 Mo. 41 1. c. 47. 


Parol evidence and even the journal is inadmissible to show that an ordinance 
valid on its face’ was passed prior or subsequent to the date of its attestation: 
Ball vs. Fagg, 67 Mo. 481. 


See, 22. Signing of bills—reading—objections.—No bill shall be- 
come an ordinance until the same shall have been signed by the presiding officer 
of each of the two houses in open session; and before such officer shall 
affix his signature to any bill, he shall suspend all other business, declare 
that such bill will now be read and that, if no objections be made, he will 
sign the same to the end that it may become an ordinance. The bill shall 
then be read at length, and if no. objections be made, he shall, in the pres- 
ence of the house in open session, and before any other business is enter- 
tained, affix his signature, which fact shall be noted on the journal, and 
the bill immediately sent to the other house. When it reaches the other 


ART. III, Sec. 23.] CHARTER OF THE CITY OF ST. LOUIS. 313 


house, the presiding officer thereof shall announce the reception of the bill, 
and the same proceedings shall thereupon be observed, in every respect, as 
in the house in which it was first signed. If in either house any member 
shall object that any substitution, omission or insertion has occurred, so 
that the bill proposed to be signed is not the same in substance and form 
as When considered and passed. by the house, such objection shall be passed 
upon by the house, and if sustained, the presiding officer shall withhold his 
signature. 


An entry that ‘‘the speaker in open session affixed his signature thereto in 
accordance,” ete, is sutficient to show a signature in the presence of the house: 
Construction Co. vs. Loevy, 64 Mo. App. 4380, 4386 (see s. c. in Supreme Court, 
but not noticing this point, 179 Mo. 255); and the provision requiring the presid- 
ing officer to sign in open session being the only one in this section of the charter 
that is mandatory, a compliance therewith is sufficient, the other provisions, 
such as suspending all other business, etc., being directory: Paving Co., vs. Hunt, 
100° Mo. 22, 26. 


After the bill has gone through all the legislative stages, the mere signing 
by the presiding officer was held to be a ministerial duty which he can be 
compelled by mandamus to perform in case he refuses without warrant to sign: 
State ex rel. vs. Meier, 1438 Mo. 489 (Sherwood, J., dissenting); but this case was 
criticised as not announcing a correct rule of law by Judge Sherwood and over- 
ruled in Albright vs. Fisher, 164 Mo. 1. c. 65, 67-68, (Brace and Gantt, JJ., dis- 
senting on the overruling of the Meier case). The Albright case regards the 
duties of the presiding officer as legislative instead of ministerial and beyond 
the reach of the courts. 


Sec. Return of bills by Mayor.—Every bill, immediately after 
its sees in both houses, shall be presented to the Mayor, for his ap- 
proval or disapproval. And the Mayor shall, within ten days after such 
presentation, consider and return such bill to the-house in which it orig- 
inated with his approval indorsed thereon or accompanied by his objection. 
If he approves the same it shall become a law, or in case the Municipal 
Assembly remain in session for ten days after such presentation, and the 
Mayor fails to return such bill as herein required, it shall become a law as 
if approved by him. Provided, that if the Municipal Assembly shall finally 
adjourn within ten days after any such presentation, the Mayor shall, 
within ten days after such adjournment, return such bill to the Register, 
with his approval or reasons for disapproval, otherwise it shall become a 
law as if approved. 


¢ 


For ordinance provision see R. C., See. 1397. 


This section is as amended at the election of Oct. 6, 1885. 


Under the former charter provisions there was room for doubt what effect 
followed the adjournment of the assembly within ten days after the passage 
of a bill which had not been returned by the mayor; but it was held that 
such bill did not become a law, otherwise it would have been in the power 
of the assembly to nullify the charter requiring the concurrence of the mayor in 
Maple eEStAteeexurel (Visa Carr, ol MMOs cor aiuiriming 9s. c..t Mo..App.4900. "The 
rresent charter obviates the question; and an ordinance is not invalid because 
filed by the mayor in the register’s office instead of the house, when it 
appears that. both houses of the assembly had adjourned on the day of pre- 
sentation to the mayor: Paving Co. vs. Hunt, 100 Mo. 22. 


If the record shows the mayor’s approval of a bill, the actual signature need 
not be proven: Bank vs. St. Louis, 10 Mo. App., 587 (memo. opin.) 


“By the charter of St. Louis, the mayor is a part of the law-making, or ordi- 
nance-enacting, power of the city government, and his concurrence in legislative 
action is essential to its validity, unless the ordinance is passed over his veto”: 
Gantt, J., in State vs. Butler, 178 Mo. 1. c. 340, citing Eichenlaub vs. St. Joseph, 
113 Mo. 395. When a resolution is effective and when not, see note to Art. III, 
Sec. 26. 


314 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 24-25. 


Sec. 24. Executive privilege as to items of appropriation.—lIf 
any ordinance presented to the Mayor contain several items of appropriation, 
he may object to one or more items while approving other portions of the 
bill. In such case, he shall append to the ordinance at the time of signing 
it, a statement of the items to which he objects. and the appropriation so 
objected to shall not take effect. If the Assembly be in session, he shall 
transmit to the house in which the ordinance originated, a copy of such 
statement, and the items objected to shail be separately reconsidered. If it 
be not in session, then he shall transmit the same within ten days to the 
Register, with his approval, or reasons for disapproval. 


Sec. 25. Action on vetoes.—Every bill presented as aforesaid, but 
returned without the approval of the Mayor, and with his objections 
thereto, shall stand as reconsidered in the house to which it is returned. 
The house shall cause the objections of the Mayor to be entered at large 
upon the journal, and proceed, at its convenience, to consider the question 
pending, which shall be in this form: ‘Shall the bill pass, the objections 
of the Mayor thereto notwithstanding?” The vote upon this question shall 
be taken by yeas and nays, and the names entered upon the journal, and if 
two-thirds of all the members elected to the house vote in the 
affimative, the presiding officer of that house shall certify that fact on 
the rolls, attesting the same by his signature, and send the bill, with the 
objections of the Mayor, to the other house, in which lke proceedings shall 
be had in relation thereto, and if the bill receives a like majority of the 
votes of all the members elected to that house, the vote being taken by yeas 
and nays, the presiding officer thereof shall in like manner certify the fact 
upon the bill. This bill, thus certified, shall be deposited in the office of 
the Register, as an authentic act, and shall become an ordinance in the 
same manner, and with like effect, as if it had received the approval of 
the Mayor. 


Por Ordinance, see R. C., Sec. 1398. 


ART. III, Sec. 26, heading.] NOTE ON LEGISLATIVE POWERS OF CITY. 315 


* 


LEGISLATIVE POWERS ENUMERATED—LIMITATIONS* 


*Powers of municipzxlity in general. A municipal corporation possesses and can 
exercise the following powers and no others: (1) Those granted in express 
words, (2) those necessarily or fairly implied in or incident to the powers 
expressly granted; (3) those essential to the declared objects and purposes 
of the corporation—not simply convenient, but indispensable.’ And any fair, 
reasonable doubt concerning the existence of power is resolved by the courts 
against the corporation and the power is denied: 1 Dillon Mun. Corp. (4 Ed.) 
145, quotec and followed in St. Louis vs. Kaime, 180 Mo. 309, 314, 322; to same 
effect: Statc vs. Butler, 178 Mo. 272, $12 et seq. and cases cited; St. Louis vs. 
Telephone Co., 96 Mo. 623; Independence vs. Cleveland, 167 Mo. 384, 388; Joplin 
vs, sacobhs, 119 Mo. App. 134, 138. 


But the construction of power must not be so strict as to defeat the evident 
cebjects and purposes of its creation: State ex rel. vs. Allen, 183 Mo. 2838, 291. 
The construction should be in accordance with the intent of the charter framers, 
to be gathered from the language and object of the charter provisions, and giving 
that language an interpretation neither strict nor strained: SLewWoOmise -vs. 
Herthel, 88 Mo. 1. c. 130. See to same effect: Railway vs. Railway, 105 Mo. 562, 


£79-&76. 


Ordinarily, in the absence of express authority to a municipal corporation the 
power to confer exclusive privileges or monopolies, will not be implied as within 
its powers: Kirkwood vs. Highlands, 94 Mo. App. 687, 644; Carroll vs. Camp- 
bell. 108 Mo. 557-> Hreeport. Water Co; vs- Freeport; 180 U. SS. 587, 598. Joplin 
vs. Light Co., 191 U. S. 150. Speaking of municipal powers in general, the U. S. i 
SUpLemeneoOountasays in Gitizens Ry. VS.uWelroitoiy., lil U.S. 1. ¢. 53: There are 
reasons ‘“‘which insistently forbid that the future should be committed and 
kound by the conditions of the present time, and functions delegated for public 
Lurposes be paralyzed in their exercise by the éxistence of exclusive privileges,” 
citing many cases. But the city may exclude itself from competing with a com- 
L-any upon which it confers certain franchises, if the terms used are clear and 
erplicit: Vicksburg vs. Waterworks Co., 202 U. S. 453; Walla Walla vs. Walla 
Walla Waterworks, 172 U. S. 1, 13-19. But only by express provision: Joplin vs. 
BiehtiCor ole Um Sako Ue 


As to specific powers under the charter see Charter, Art. I, Sec. 1, and note; also 
Lowers designated in this section (Art. III, Sec. 26). The assembly is possessed 
ot the powers formerly exercised by the county court; see paragraph on the 
“transfer of functions,” etc., contained in note introductory to charter “General 
Considerations,” etc. 


Legislative functions of the municipal xassembly—how far subject to judicial 
control—fraud. As will appear from the charter and authorities hereinafter 
cited, all legislative powers of the city are vested in the municipal assembly, 
(subject to the approval of the mayor, unless the bill is passed over his veto: 
See note to Chart. III, Sec. 23;, also See. 25 supra); but this power is limited 
to the extent that all ordinances relating to public work or improvements are 
required by the charter to emanate from the Board of Public Improvements and 
which the assembly cannot even amend, but only either pass or reject. (See 
Art. VI, Secs: 1, 14, 17, 22 and 27 and notes to those sections.) 


The municipal assembly of St. Louis when engaged in the passage of an ordi- 
nance is engaged in legislative functions, and in doing so is exercising a part 
of the law-making powers of the State, and in so doing constitutes part and 
parcel of the legislative department; and hence the courts have no jurisdiction 
to enjoin the municipal assembly from enacting a proposed ordinance or inter- 
fering with it in any way whatsoever: Albright vs. Fisher, 164 Mo. 56, 60, 65, 
reviewing the cases and overruling State ex rel. vs. Meier, 143 Mo. 439 (two 
judges dissenting as to overruling this case); State ex rel. vs. Bersh, 83 Mo. 
App. 657, 668; (See further, 7vfra, this note.) 


Ordinances have the force and effect of laws within the city. The municipal 
assembly is a “miniature general assembly,” and when acting within its sphere 
its ordinances are accorded the same effect as to the laws of other legislative 
hogies: State ex relw vs. Bersh,) 83 MorsApp:. 65% 668; .St: Louis vs. Foster, 652 
Mo. 513; St. Louis vs. Boffinger, 19 Mo. 1. c. 15; Taylor vs. Carondelet, 22 Mo. 
105; Albright vs. Fisher, 164 Mo. I. c. 64 and cases cited; Keane vs. Cushing, 
15 Mo. App. 96, 101; Railway vs. Railway, 105 Mo. 1. ec. 575; Jackson vs. Railway, 


316 


NOTE ON LEGISLATIVE POWERS OF CITY. | ART. ITI, Sec. 26, heading 


118 Mo. vies 248: Grand “AverURy. vss) Citizens SRy., 145 SMo7 neon, 204i -Giaeand 
cases cited. 


See further on this point comments and cases cited under introductory note to 


“Charter CATE 1). 


The municipal assembly is the authorized agent of the State so far as the State 
powers are delegated to it by the charter, and its acts are entitled to the same 
consideration as State acts: See cases above; see also cases cited under note 
introductory to eharter, “Genera! Considerations on the Charter’: See further 
State vs. De Bar; 58 Mo: 1. c. 397. 


That the public are held to notice of ordinances within the city see note to 
“Ordinances”’ under Charter, Art. III, Sec. 12. 


To the extent that a city council is clothed with legislative authority from the 
State it is as free from control by the judiciary as the general assembly; 
but it differs from the general assembly in that it is not the original and 
essential part of the legislative department of the state and possesses no in- 
herent legislative power and can only exercise the power conferred by law; 
and an act, even strictly legislative, after having been passed by such council, 
may, when attempt is made to apply it to the injury of the rights of an indi- 
vidual, be assailed as the product of fraud or corruption; and the city council 
in its ministerial funetions, or acting in its contractual capacity, is under 
judicial control: State ex rel. vs. Gates, 190 Mo. 540, 556, 559, citing cases (and 
distinguishing Albright vs. Fisher, 164 Mo. 56, which involved the exercise 
only of legislative power with which the court denied the right of interference). 
See also Knapp: Stout. & Co. vs) St! Louis;-156 Mo. 3435 sic, 53° Moy >o0 rR Skinker 
vs. Heman, 148 Mo. 349, 355; Morse vs. Westport, 1386 Mo. 276. See other cases 
below. 


When it is said that the validity of a city ordinance may be attacked after 
its passage on the ground of fraud in its procurement it is not meant that 
actual bribery or corruption must be shown, but it is sufficient if the fraud 
charged is of that character that has been defined to-be the willful doing 
of an unlawful act; such frauu may be shown by parol of the acts of the 
municipal assemblymen; and ina condemnation proceeding the objection of invalid- 
ity may be made by the property owner without formal pleadings; the courts 
will look through any sham of the municipal assembly and see the truth, and 
the best evidence obtainable, whether documentary or oral understandings, will 
be received to show the real purpose of the ordinance: Kansas City vs. 
Hyde, 196 Mo. 498. 


But generally, in attacking an ordinance as having been procured by fraud, or 
illegal influence, it is absolutely essential to plead the acts which constitute 
the alleged fraud and invalidate the proceedings: Paving Co. vs. Field, 188 Mo. 
182, 203; Nagel vs. Railroad, 167 Mo. 89; Knapp Stout Co. vs. St. Louis, 153 Mo. 
560; s. c. 156 Mo. 343. 


Ordinances are presumptively walid, and the burden to show the contrary, or 
that the legal steps required in their enactment have not been observed, is on 
the party attacking it; ‘See, “General Note on Ordinances” to. Chartes, Art, IIL 
Sec. 12, and cases there cited. 


When oppressive or mnrenaduahle: But even if an ordinance is legally enacted 
and within the scope of municipal power over the subject, the courts will 
declare it void, if it is unjust, oppressive or unreasonable, but a clear case 
must: be presented to warrant a court in annulling the ordinance: St. Louis vs. 
Weber, 44 Mo. 547 (prohibiting meat shops in new city limits upheld); Spring- 
field vs. Jacobs, 101 Mo. App. 339, 342, citing numerous cases and text writers 
(license tax held void); Gratiot vs. Mo. Pac., 116 Mo. 450, 467 (railroad speed 
ordinance held valid); Neir vs. Mo. Pac., 12 Mo. App. 25 (same); Zumault vs. 
«a. C. Line, 71 Mo. App. 670, 676 (same held void); White vs. Railroad, 44 Mo. 
App. 540; Plattsburg vs. Hagenbush, 98 Mo. App. 669 (same); Skinker vs. Heman, 
148 Mo. 349, citing numerous cases on p. 356 (upholding special tax legislation); 
Hannibal vs. Tel. Co., 31 Mo. App. 25 (holding ordinance to change location 
of telephone poles as previously authorized to be void where no reason therefor 
existed); Lamar vs. Weidman, 57 Mo. App. 507 (ordinance requiring all weighing 
on scales to be void); Cape Girardeau vs. Riley, 72 Mo. 220 (ordinance allowing 
attorney fee in collecting tax is void). 


ART. III, Sec. 26, heading.} NOTE ON LEGISLATIVE POWERS OF CITY. 317 


x 

And at all events where the ordinance is sustainable only under a general grant 
of power and not specific authority, the reasonableness thereof may be _ in- 
quired into by the courts: Springfield vs. Starke, 98 Mo. App. 70, 77; St. Louis 


vs. Heitzeberg, 141 Mo. 375 (holding void ordinance prohibiting emission of 
smoke). 


~ . . . 
See as to power to enact ordinances respecting nuisances, note to Rev. Code, 
Ch. 11, Art: 12 (Secs. 584 e seq). 


But in the exercise of powers specifically and directly granted, the municipal 
authorities are beyond the control of the courts and act legislatively; and their 
discretion cannot, at least in the absence of fraud, or caprice, be reviewed 
judicially (most of the instances applying this rule are those of special taxa- 
tion): Prior vs. Construction Co., 170 Mo. 439, 451; Skinker vs.. Heman, 148 Mo. 
349, 355-356, citing numerous cases; Heman vs. Schulte, 166 Mo. 409; Heman vs. 
Franklin, 99 Mo. App. 346: Heman vs. Allen, 156 Mo. 534; Morse vs. Westport, 136 
Mo. 276; Lamar vs. Weidman, 57 Mo. App. l. ec. 513: Kansas City vs. /Trieb i. 76 Mo. 
App. 478. And as to avoiding ordinances for fraud, see this note above. 


The enforcement of void ordinances by the city, threatening a multiplicity of 
suits, may be enjoined: Sylvester Coal Co. vs. St. Louis, 130 Mo. 325. 


Unauthorized ordinances: An ordinance is void which conflicts with a charter 
provision, or which is not authorized by the charter, or is not enacted in essen- 
tial matters as the charter provides. All powers of the municipal assembly eman- 
ate from the charter and must there find their support as the source of author- 
ity: St. Louis vs. Kaime, 180 Mo. 309; State vs. Butler, 178 Mo. 272, 299; St. 
Louis vs. Clemens, 43 Mo. 395, 404; Ruggles vs. Collier, 43 Mo. 358, 375; Carr vs. 
St. Louis, 9 Mo. 190; State ex rel vs. Johnson, 123 Mo. 1. ec. 50. 


In some respects the charter stands to the ordinances as the constitution does to 
the statutes: Quinette vs. St. Louis, 76 Mo. 402, 404; “the charter is the city’s 
constitution and the common council, with the mayor’s approval,is its legislative 
body”: per Gill, in Forry vs. Ridge, 56 Mo. App. l. c. 624 (holding that a meet- 


ing of the council in Kansas City is void if not at the time and place authorized 
by the charter). 


A large municipal body, entrusted with theexecution ofa power, must be allowed 
some discretion in the choice. of means. unless it appears that it was plainly in- 
tended to confine it to a prescribed mode: Page vs. St.:Louis, 20 Mo. 136, 142. 


That matters of form prescribed by charter in enacting an ordinanceare usually 
directory only, and a departure therefrom not fatal: see note to Art. III, Secs. 
12 and 18, and authorities there cited. 


Uncertainty and vagueness may be such as to invalidate an ordinance (Ramsay 
vs. Field, 92 So. W. 350° (Kans. City Ct. App.); See State vs. Railway Co., 146 
Mo. 155, holding a statute void); but a reference to specifications on file in an 
official office is enough on that subject: Asphalt Co. vs. Ullman, 137 Mo. 543, 
571; Becker vs. Washington, 94 Mo. 375, 380; Sheehan vs. Gleason, 46 Mo. 100 
(in which the court says: ‘An ordinance may lack desirable precision, and 
still may so provide for the manner in which an improvement shall be made, 
and be such a compliance with the law, although a loose one, that the courts 
would not be authorized to invalidate the action of the city officers under it.’’) 


Delegation of authority by the assembly. The general rule is that powers which 
are legislative in their nature cannot be delegated by the municipal assembly 
as that is the purpose of its creation’ but powers that are merely ministerial, 
requiring no legislative discretion, may be delegated: Ruggles vs. Collier, 43 Mo. 
353, 365 (no authority¥Y to delegate question whether repaving to be done); 
St. Louis’ vs. Clemens, 43 Mo. 395, 403: s. c. 52 Mo. 133 (no authority to dele- 
gate determination of dimensions of sewers); Neill vs. Gates, 152 Mo. 585, 594 
(same); St. Louis vs. Russell, 116 Mo. 248, 255 (no power to delegate power to 
determine location of livery stable to lot owners); St. Louis vs. Howard, 119 Mo. 
41, 47 (no power to permit slaughter house location to be determined by ad- 
jacent occupants of houses); Tipton vs. Norman, 72 Mo. 1. c. 384 (power to pro- 
vide for the convenient and proper work provided by ordinance); St. Louis vs. 
Lamp Co., 139 Mo. 560 (authorizing assembly to provide for a board to examine, 
in behalf of the city, applicants for licenses as engineers, dentists, etc. Such 
ordinances are in nature of police functions): See Fisher vs. St. Louis, 194 


318 


NOTE ON LEGISLATIVE POWERS OF CITY. [ART. III, Sec. 26, heading. 


We ES eles (Ceo nema the authority to delegate that discretion [singling out 
persons for certain privileges] to a board appointed for that purpose is sus- 
tained by the great weight of authority [citing cases] and by this court the dele- 
gation of such power even to a singie individual, was sustained in Wilson vs. 
Eureka’ City. U738U. S. 32 cand Gundlins vs eGhica loki Wen Dooce) 


The tendency of the later cases is to enlarge the power of delegation and make 
many acts valid that formerly would have been held unauthorized. 


As to delegation in case of street improvement ordinances, see cases in note to 
Charter; Art.sV ly Sec. 15: 


See further as to when power may be delegated as ministerial the special sub- 
jects in connection with which the point is involved. 


But an ordinance may be made _ to go into effect on a future contingency,. 
dependent on the action of certain persons, and this is not a delegation of legis- 
lative power: See cases in note to Art. III, Sec. 21 of Charter. 


Delegation of State power to city is lawful: See note introductory to the 
Charter. 


Legislation by resclution or permit. By =the charter the mayoris]a) pare sot 
the law-making or ordinance-enacting power of the city government and his 
concurrence in legislative action essential to its validity, unless the ordinance 
is passed over his veto: See note to Art. III, See. 23, citing State vs. Butler, 178 
Mo. 1. c. 340; State ex rel, vs. Carr, 67 Mo. 38 and other cases; see also 50 Mo. 
488; 60 Mo. 153. St. Joseph vs. Wilshire, 47 Mo. App. 125; Silvester vs. St. Louis, 
164 Mo. 601. 


A resolution cannot accomplish that which is required to be done by ordi- 
nance: See Young vs. St. Louis; 47 Mo. 492 1. ec 495; Cape Girardeau vs. 
Fangen, 30 Mo. App. 551; Trenton vs. Coyle, 107 Mo. 1938, and cases there cited; 
Nevada vs. Eddy, 128 Mo. 546; Reed vs. Peck, 163 Mo. 333. 


Unless the action termed a resolution be in fact enacted with all the requisites. 
of an ordinance, and in fact sis {suche | Lipton vsseNormanse (2 Mow os0minve..co4: 
Springfield vs. Knott, 49 Mo. App. 612: Crebs vs. Lebanon, 98 Fed. 549. As in 
vase of a resolution being ratified by a subsequent ordinance: State ex rel. vs. 
Milling Co., 156 Mo. 620. 


And it would seem where the assembly alone has power to act, (the concur- 
rence of the mayor not being required) a resolution is sufficient: See 156 Mo. 
1. c. 632, ‘citing Eichenlaub vs. St! Joseph;,113 Mos  ¢., 402; "Alma vs? Bank 60 
Fed, 203%) s. eh 8! UieS Ce) Aime tebei: ; 


So where an ordinance is required, a mere order or permit of the mayor without 
action of the assembly, confers no authority and is void: Lockwood vs. Ry., 
122 Mo. 86; see also Carroll vs. St. Louis, 12 Mo. 444. 


Ordinances of a de faete legislative municipal body are valid: Perkins vs. 
Fielding, 119 Mo. 149, 159, and cases cited; Hilgert vs. Barber Asphalt Co., 107 
Mo. App. 385; so, ordinances passed by “acting mayor and ‘city.-council of St: 
Louis, after the council was abolished by the adoption of the Scheme of separa- 
tion, but before the adoption was known, is not necessarily void: Adams. 
vs. Lindell, 72° Mo. 198, affirming s. c. 5 Mo. App. 197; St. Louis vs. Stoddard, 15 
MONE AD Dard Gos aris 


Construction of charter and ordinance provisions. Where there are two charter 
provisions, or two ordinances, both on the same subject, one of which is 
special and particular upon the subject, and the other general so that if 
standing alone it would cover the same subject, @nd would conflict with the 
special act, the special’act controls the general: St. Louis vs. Kaime, 180 Mo. 309, 
318; Ruschenberg vs. Railroad, 161 Mo. 70, 82; State vs. Butler, 178 Mo. 272, 302; 
Campbell) vs: St..La& S.-Ry.Co.,7175 Mo. 161, 175-177; Jaicks vs. Merrill 298 "Ss Ww. 
(Supe GG or, Deeg222019 06) mire to. 


The provisions of the charter must be so construed that effect is given to all 
of thems) Hil vsiesSt Louis; 159 (Moss tC 680 ota uOUulsay Ss. mica ne mil OR MMOs ane azo. 
Verdin vs. St. Louis, 100 Mo. 1. c. 122; Jaicks vs. Merrill, 98 So. West, 755, 1. c. 757 
(Sup. #Cti;<Decsi22,°2906)% 


ART. III, Sec. 26, heading.] NOTE ON LEGISLATIVE POWERS OF CITY. 319 


Construction of ordinances is for the court and should not be left to the jury: 
Barton vs. Odessa, 109 Mo. App. 76. 


So the validity of an ordinance can never be left to the jury: Fruin, etc., vs. 
Geist, 37 Mo. App. 1. c 516. 


Charter provisions are construed against the implication of powers not ex- 
pressly granted, but not so strictly as to defeat the municipal objects: See para- 
graph in this note “Powers of Munitipalities,” supra. 


Nor should an ordinance be so strictly construed as to defeat the intent thereof, 
even in case of a public improvement to be paid for by special tax bill: See 
cases cited in note to Art. VI, Sec. 25. 


In construing municipal ordinances dealing with important subjects it may 
reasonably be presumed that no provision escaped attention or was misunder- 
stood: Cleveland vs. Electric Ry., 201 U. S. 529. 


The title of an ordinance may be considered in its interpretation: St. Louis vs. 
Robinson, 135 Mo. 460, 470. ‘ 


As to construction of penal ordinances and their enforcement in police courts 
see note to Rev. Code, Sec. 1265 (citing amongst others St. Louis vs. Robinson, 
135 Mo. 460, 470.) 


Rule of eyusdem generis: Ste OUMseove ns ladies nian 49 MO: shoo St. Louis ys. 
Herthel, 88 Mo. 128; St. Louis vs. Bell Tel. Co., 96 Mo. 623, 629. 


The municipal assembly may define the terms used in an ordinance in the 
same manner as the general assembly: St. Louis vs. Weitzel, 130 Mo. 600. 


As to certain rules of construction of ordinances, provided for by the ordinances 
of St. Louis, see Rev. Code, Secs. 1400-1410. 


In the construction of ordinances, as in case of statutes, the courts lean to a 
construction which favors and upholds their constitutionality (Brown vs. Ry., 
Pate Owens 9 seloamareayG) EVV eladman. 5. MO.8 App. cs 513, citing “St. Louis- vs: 
Griswold, 58 Mo. 192; State vs. Able, 65 Mo. 357; and see on this point cases 
cited under the foregoing paragraphs that ordinances are prima facie valid, etc.) 
But this rule only applies where the ordinance is authorized by the charter: 
State vs. Butler, 178 Mo. 272, 311. 


Where the construction upholds an ordinance partially, as to whether the whole 
ordinance is void or not, see cases on “partial invalidity of ordinances” in note 
tO" SEC. LapOL Arte. 


Liability of city exercising legislative or ministerial functions. As to liability 
of city for defective highways and sewers, see cases in note to Chart., Art III, 
Sec. 26, clause 2; change of grade, note to Art. VI, Sec. 19: condemnations for 
public use, Art. VI, Sec. 1; nuisances, see head note to Rev. Code, Chap. 1], Art. 
11, on “‘nuisances,’”’ preceding Sec. 584. 


As to liability of officers of city see note to Art. IV, Sec. 43. 


The general rule is that the city is not liable for damages resulting from acts 
done or omitted by it or its officers in the exercise of its legislative, public or 
governmental capacity, but is liable for damages resulting from negligence in its 
ministerial, private or “proprietary “capacity< bly vs.) St. Louis,’ 181° Mo. 724: 
Dinsmore vs; St. Louis}s192 Mo... 256; Ruppenthal ‘vs; "St; Louis; 190 Mo. 213; 
Murtaugh vs. St. Louis, 44 Mo. 479; Barree vs. Cape Girardeau, 197 Mo. 382; 
Donohue vs. Kansas City, 186 Mo. 657; Heller vs. St. Louis, 53 Mo. 159; McKenna 
Mesto OluvloO. ADD. o20, WIrTlch Vearote, Lous, lta Mo. 138s Johnston vs. Dist. 
MOM ticn Wea. 2h eG UlAath Vaoeot. LOUIS. LI9eMO.scs, Puchsivs. St: Louis, 167 Mo. 620; 
St. Louis vs. Gurno, 12 Mo. 414; Foster vs. St. Louis, 71 Mo. 157; Kansas City vs. 
Lemen, 67 Bed.9(C..C; A.) 905. 


Hence the city is not liable for failure to enforce its own ordinances: Kiley 
VS. Kansas City, 89 Mo. 103; Armstrone vs. Brunswick, 79 Mo. 319; Moran vs, 
Pullman’ Car Co., 134 Mo. 641, 651; Harman vs. St. Louis, 137 Mo. 494, 499; Loth 
vs. Columbia Theatre Co., 197 Mo. 328, 357 and cases cited on p. 358. Nor for cases 
of defective legislation: Carroll vs. St. Louis; 4 Mo. -App. 191; Saxton vs. St. 
Joseph, 60 Mo. 153. Nor where its officers act under a void ordinance believed 
to be valid: Worley vs. Columbia, 88 Mo. 106; nor for a trespass committed by 
its officers: Quinn vs. Schneider, 118 Mo. App. 39. 


320 CHARTHR-OF THE CIPyY, OF ST. sLOUIS: | [ABD TLL Sea, 26, Clause 1 


Liability of private persons inter sese for violation of ordinances was long 
a mooted question in Missouri. It is now held that e«.violation of a police 
regulation ordinance affords the basis of a civil liability in favor of one injured 
in consequence thereof: See authorities cited in note to Sec. 1864 of Rev. Code, 
especially Sluder vs. Transit Co., 189 Mo. 107, where the question is elaborately 
discussed and the authorities on both sides are fully collated in koth the majority 
and dissenting opinions, with suggestions as to the limitation as well as applica- 
tion of the principle involved. That case has since Fceen uniformly followed as 
the law of the state. 


Sec. 26. Legislative powers vested in Mayor and Assembly.— 
The Mayor and Assembly shall have power within the city, by ordinance not 
inconsistent with the constitution, or any law of this State, or of this 
charter— 


First—To levy and collect taxes, borrow and appropriate 
money.—To assess, levy and collect all taxes for general and special purposes, 
on real and personal property and licenses and on any or all of the subjects or ob- 
jects of taxation which the municipality may tax under the Constitution 
and laws of this State; to borrow money on the faith and credit of the city, 
by the issue or sale of bonds or notes, for such amounts, and for such time, 
and for such purpose as may be required for current expenses, and for pay- 
ment of maturing bonds and for such other purposes as may be authorized 
by this Charter or by the Constitution of this State in force at the time; 
but no note for the purpose of borrowing money shall be made or issued 
for a longer period than twelve months; “to appropriate the money of the 
city for legitimate purposes, and provide for its debts and expenses. 


Negotiable bonds of the city in the form of coupon bonds or registered 
bonds or both, or coupon bonds with the privilege of registration, may be 
issued from time to time within the limits prescribed by the Constitution 
of this State in force at the time for any one or more of the following 
purposes, to-wit: 


1. For the completion of the City Hall in progress of construction. 


2. For the construction and extension of water works or the purchase 
of the same, and the purchase of any land for that purpose, bonds for this 
purpose to be issued so as to comply with the provisions of the Constitu- 
tion in force at the time of the issue thereof. , 


3. For the construction, reconstruction and extension of public sewers 
and the purchase of land for such purpose. 


4. For the construction and reconstruction of buildings for the Fire 
Department, and the purchase of sites for such buildings. 


5. For the construction, reconstruction and extension of bridges and 
viaducts, and the purchase of land for such purpose. 


6. For the construction, reconstruction and extension of hospitals, 
Insane Asylum, Poor House, and the House of Refuge, and the purchase 
of sites for the same. 


7. For the construction, reconstruction and extension of court houses, 
jails and work houses, and the purchase of sites for the same. 


8. For the creation and laying out of public parks and squares, and 
the purchase of land for the same. 


9. For the construction, reconstruction, purchase, acquisition or ex- 
tension of any other public buildings or any other public improvements of. 


ART. III, Sec. 26, Clause 1.] CHARTER OF THE CITY OF ST. LOUIS. 321 


a permanent character which the city is or may be authorized or permitted 
under its charter to construct, reconstruct, purchase, acquire or extend, 
and also to purchase land for the same, and the enumeration of the specific 
purposes inthe preceding paragraphs numbered one to eight, inclusive,. 
shall not be construed to qualify or limit the general provisions of this 
paragraph nine. 


10. For refunding or renewing from time to time any bonded indebt- 
edness of the city existing at the time. 


No bonds of the city, except bonds for refunding or renewing bonded 
indebtedness, shall be issued under the provisions of this Paragraph First 
of Section 26, without the assent of two-thirds of the qualified voters of the 
city voting at an election to be held for that purpose. The Mayor and As- 
sembly may from time to time by ordinance prescribe the manner of hold- 
ing such election, the time and manner of giving notice of such election, the 
form of question to be submitted, the form of ballot and the method of con- 
ducting, canvassing and deciaring the result of such election, and all such 
other proceedings and things as may be necessary or proper to do with 
respect to any such election, and the issue and sale of such bonds. It shall 
not be necessary in the ordinance calling the election, in the notice of 
election, in the question submitted, or in the ballot, or in any of the matters 
preceding the said election, for the Mayor and Assembly to state the amount 
of bonds proposed to be issued for each purpose, but it shall be sufficient 
if the ordinance and notice of election state the total amount of the bonds 
proposed to be voted upon at the particular election then to be held, and in 
general language the purpose or purposes for which such total amount of 
‘bonds is to be issued, and if two-thirds of the voters of the city voting at 
such election assent to the issuance of such amount of bonds, then such 
amount of bonds may be issued and such bonds or the proceeds thereof may 
from time to time by ordinance be appropriated by the Mayor and Assem- 
bly in such amount or amounts as they may determine to the purpose or 
purposes for which such total amount was voted. 


Such bonds, after having been assented to by the voters of the city as 
aforesaid, may be issued from time to time in such amounts, not exceeding 
in the aggregate the total amount assented to by the voters, and in such 
form and containing such recitals and provisions, and payable in such kind 
of money, and bearing such rates of interest, and executed by such execu- 
tive officers of the city, and sold at public or private sale by such officers 
and in such manner as may from time to time be prescribed by ordinance. 
Refunding or renewal bonds as aforesaid may be so issued from time to 
time without any vote of the voters of the city. 


Bonds issued under the provisions of this Paragraph First of Section 
26, requiring the assent of the voters of the City of St. Louis, under the 
Constitution of the State, may be made payable at such times that one- 
twentieth of the total amount of each issue of such bonds shall be payable 
each year, beginning one year from the date of the bonds, and so that the 
entire amount of each issue of such bonds shall be paid within twenty years 
from the date thereof, the city shall, before or at the time of issuing of any 
such bonds, provide by ordinance for the collection of an annual tax suffi- 
cient to pay the interest on such bonds as it falls due, and also sufficient 
to constitute a sinking fund for the payment of one-twentieth of the prin 
cipal thereof annually, and for the payment of the entire principal thereof 
within twenty years from the time of contracting the indebtedness evi- 


399 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 26, Clause 2. 


denced by such bonds; or the entire issue of such bonds may be made pay- 
able at any one time not exceeding twenty years from their issue, and the 
city shall, before or at the time of issuing any such bonds, provide by ordi- 
nance for the collection of an annual tax sufficient to pay the interest on 
such bonds as it falls due, and also sufficient to constitute a. sinkiag fund 
for the payment of the entire principal thereof within twenty years from 
the time of issuing the same. 


The authority above given to issue bonds for any of the purposes afore- 
said is cumulative, and shall not be construed to take away, affect or impair 
any authorityof the city or any of its officers to make any public improve- 
ments under any other provisions of the charter of the city or of the laws 
of the State, but the authority above given shall be construed as an addi- 
tional authority. 


Amendments: This (first) paragraph was last amended at the charter amend- 
ment election (held on June 23, 1903, -pursuant to ordinance No. 21105.) It 
amended the former provision by designating specifically the objects for which 
bonds could be issued, it being deemed doubtful whether such power existed 
under the former general provision. The amendment added that portion beginning 
with “Negotiable bonds of the city,’ et<, to end of clause. The city availed 
itself of these powers at the bond election on June 12, 1906, in pursuance of ordi- 
nance 22366 and the issuance of bonds was authorized for each subject enumer- 
ated in the nine clauses. This section had also been amended at the charter 


amendments election of Oct. 22, 1901, pursuant to ordinance 20444. The issuance 


of the bonds was held valid by the Supreme Court as to all the subjects in gen- 
eral, but as to the Free Bridge bonds in particular, in the case of Haeussler vs. 
St. Louis, (in banc, July 2, 1907, not yet reported). 


Power to assess, levy and collect taxes: See notes to Chart., Art. V. 


Appropriate for legitimate purposes: SeeenotestomaArt.. ULI Secs: so Wirandimas | 
DEVI ISe6Cih ls 


Borrow money: Power. limited by Constitution, Art. IX, Sec. 19; Art. X, Sec. 12. 
By the amendments to the latter section, passed in 1900, the city was authorized 
to issue the then proposed five millions in bonds in aid of the World’s Fair. (This 

was done by ordinances 20641 and 20758; see ordinance to issue bonds in renewal of 
one million dollars in former city bonds: Ord. 21543 and 22865, and ordinance au- 
thorizing the issuance of bonds for each of the purposes specifically enumerated in 
the above charter section; see ord. 22366; ordinance declaring result of election 
called by latter ordinance, and directing the issue of said bonds for $11,200,006 

see ord. 22674). The bond issue for the Free Bridge across the Mississippi was: 
sustained (amongst other grounds) as being within the debt limit allowed by the 
Constitution to St. Louis, in the case of Haeussler vs. St. Louis, decided in banc 
by Supreme Court, July 2, 1907 (mot at this writing reported), discussing also the 
right of the city in general to issue bonds. See the provisions of the Constitution 
referred to as to the limit of indebtedness and the manner in which bonds can 
be issued. and the note appended to Sec. 12 of Art. X of the Constitution. See 
also discussion generally on the subject in note to Charter, Art. V, Sec. 1, heretn; 
and also McQuillin’s (unofficial) work “Amend. Chart.,’ introductory note pp. 124 
et seg; and his note on pp. 280-282; also Pryor vs. Kansas City, 153 Mo. 135, 
151. As to what'’is included under the term “indebtedness” in the Constitution, 
see Saleno vs. Neosho, 127 Mo. 627, 638; and State ex rel. vs. Neosho, 101 S. W. 99 
(Sup. Ct., Mar. 30, 1907). Charter provisions as to sinking fund for payment of 
city bonds see Art. XIV, Secs. 1-4. As to ordinances concerning sale, transfer and 
payment of bonds, etc., see Rev. Code, Chapter 37, Secs. 2390-2405; and as to 
provisions concerning water bonds, see R. C., Chap. 39, Art. 2, secs. 2528-2530, and 
Gharter, Art) Vil, Sees. liv a3: 


Second—To establish, improve, light, sprinkle, ete., streets — 
condemn property—repair streets, bridges, etc.—water courses. 
—water works—police and fire departments.—To establish, open, 
vacate, alter, widen, extend, pave, or otherwise improve, and sprinkle all streets, 
avenues, sidewalks, alleys, wharves and public grounds and squares, and provide 
for the payment of the costs and expenses thereof in the manner in this 


ah 


ART. III, Sec. 26, Clause 2.] CHARTER OF THE CITY OF ST. LOUIS. 323 


Charter prescribed; and also to provide for grading, lighting, cleaning and 
repairing the same, and to condemn private property for public uses, as 
provided for in this Charter; to construct and keep in repair all bridges, 
streets, sewers and drains, and to regulate the use thereof, and to confine, 
wall up, cover over, alter or change the channel of water courses; to estab- 
lish and maintain waterworks for fully supplying the city with wholesome 
water, and to distribute the same for public and private uses in such man- 
ner and upon such terms as shall be provided by ordinance; to establish and 
maintain a sanitary system, a system of police and a fire department; Pro- 
vided, That no system of police shall be established or maintained, other than 
the present metropolitan system, as long as the same is established by law. 


Establishment of streets, street openings, widenings, condemnation proceedings, 
etc., see Art. VI of Charter, Secs. 1-12, and notes and comments thereto appended. 


Construction of streets, alleys, improvements, etc., see notes to Charter, Art. VI, 
Secs. 14-18, and of sewers ib. Secs. 20-23. 


Special tax bills for public improvements see notes to Chart., Art. VI, Secs. 
24-26, 14, ete. 


Street sprinkling, see Art. VI, Sec. 29. 
Damages for change of grade: See note to Charter, Art. VI, Sec. 9. 


Use of streets by eclectric companies for such purposes as telegraph and tele- 
phone poles, conduits, manholes, subways, etc., is discussed in notes to Rev. Code, 
Chap. 12, Art. 6, Secs. 1093, 1179, 1195, 1188, in connection with the ordinances on 
the subject. 


What included in terms street, alley, highway, ete., see note to Art. VI, Sec. 1. 


Condemnation, dedication, diversion to different use, ownership of fee in streets 
-and interests of abutting owners, see discussion in notes to Charter, Art. VI, 
sec. 1. 


Improvements of streets, etc., see Art. VI, Secs. 14, 15, 24-28. 


For what purposes streets may be used—the use of the streets must be a public 
one—appropriation to private use is void—temporary obstructions, when permit- 
ted. The State holds a proprietary right in roads and streets in trust for the 
people; and to perform the trust the legislative authority is allowed such control 
that it may authorize structures to be built therein for the public use, even if 
some kinds of travel are thereby impeded: Morie vs. Transit Co., 116 Mo. App. 
Peele a 2: 


The right of the public to the free and unrestricted use is subject to reasonable 
limitations and restrictions, such for instance as delivery of fuel, goods, ete.; 
temporary obstructions of this kind are not invasions of the public easement, 
but incidents to or limitations of it, and can be justified when, and only so 
long as, they are reasonably necessary; and when unreasonably prolonged or 
done, such obstruction is unlawful: See as to right to temporary obstructions 
of streets and highways note to Rev. Code, Sec. 928, and authorities there cited. 
Many structures in the streets may be justified under legislative or municipal 
sanction which would otherwise be a nuisance: Seibert vs. Railroad, 188 Mo. 657 
1. c. 670; Morie vs. Transit Co., 116 Mo. App. 12, and authorities; Belcher S. & R. 
Conve stl Gc Co.p 101 Mo..1:-c: 204. 


The legislature has paramount authority over all public highways, no matter 
how acquired, which it has to a large extent delegated to the city of St. Louis 
over the streets therein; the power to regulate the use is not limited to a mere 
right of way, but extends to all beneficial uses which the public good and 
convenience may from time to time require. New uses for streets and high- 
Ways are constantly arising. As civilization advances new uses may be found 
expedient. All these and many others may be made of the streets without the 
consent of the lot owners. Private rights must yield to them, without compen; 
sation: Ferrenbach vs. Turner, 86 Mo. 1. c. 419; Julia Blng. Co. vs. Bell Tel. 
Co., 88 Mo. 258; see also Louis vs. Bell Tel. Co., 96 Mo. 623; W. U. Tel. Co. vs. 
Guernsey Light Co., 46 Mo. App. 120, 134; Laclede Gas Co. vs. Murphy, 170 U. S. 78. 
The words “to regulate the use thereof” are of broad import and confer compre- 


3 


4 


CHARTER OF THE CITY OF ST. LOUIS. [LART. III, Sec. 26, Clause 2; 


hensive powers on the city: Sluder vs. Transit Co., 189 Mo. 107, 129; St. Louis vs. 
West) Gn 14900... Shien 69- 
5 


Gas. water, sewer pipes and the like are proper uses: Ferrenbach vs. Turner, 
86 Mo. 1. c. 420. Stepping stones, hitching posts, etc.: Wolff vs. Dist. Col., 196 U.S. 
152 and cases cited; but see Fischer vs. St. Louis, 189 Mo. 567. In N. O. Gas 
Co,+vsi, Drainage: Com’rs;) 197 UsiSso) co. 462 thes courte says ethater thermecdmot 
occupation of soil beneath the streets in cities is constantly increasing for the 
supply of water and light and the construction of systems of sewerage ana 
drainage,” etc. 


So of telephone and telegraph poles and wires, underground conduits, manholes 
and subways: See cases cited in note to Sec. 1093 of Rev. Code. 


Where the proposed extension by ordinance would end in a blind street or 
cul de sac, and for that reason not for’ a public use, it may.be shown that 
another extension is proposed, to connect with the former so as to make a 
through street: Kansas City vs. Hyde, 196 Mo. 498. 


A bridge from St. Louis to Illinois, across the Mississippi River is a proper 
highway for a municipality to provide: Haeussler vs. St. Louis (Sup. Ct. July 2, 
1907, not yet reported). 


But the streets and highways, whether dedicated or condemned,are held by the 
public authorities in publie trust, primarily for the free and common use of the 
whole public, with special privileges to none, and secondarily for the benefit 
of abutting property owners to afford access to their property: Corby vs. Rail- 
road, 150 Mo. 1. c. 468. 


The public highways belong from side to side and end to end to the public, 
and the public are entitled to a free passage along any portion of it: State ex rel. 
vs. St. Louis, 161 Mo. 1. c. 388, quoting from prior decisions; Schopp vs. St. Louis, 
117 Mo. 131, 1386-137; Loth vs. Columbia Theatre, 197 Mo. 328 (citing numerous au- 
thorities); State ex rel. vs. Vandalia, 119 Mo. App. 406, 417,and cases there cited. 


Hence an ordinance the effect of which is to subject a street to the advertising 
of individual business of one person, by providing for placing boxes for waste 
matter on the streets, with the exclusive privilege of advertising thereon by the 
contractor, is void: State ex rel. vs. St. Louis, 161 Mo. 371; so also where the 
advertisement takes the form of a permanent balcony supported by posts in 
the streets; but a sign by an abutting owner so high as not to interfere with 
the public easement, and securely fastened, is not a nuisance per se: Loth vs. 
Columbia Theatre, 197 Mo. 328, (discussing numerous authorities as to when and 
what obstructions in the streets are unlawful). A city cannot authorize the occu- 
pation of a part of a main street by a structure containing farm scales and a 
corn sheller operated by machinery so that travel on that side is impeded: 
State ex rel. vs. Vandalia, 119 Mo. App. 406 (holding such structure a nuisance). 
The city has no power by ordinance to lease out portions of the street for huck- 
ster or produce stands. Schopp vs. St. Louis, 117 Mo. 131, 136; see also, Railway 
Cou vs. ins. Co: 154712 S515 Choldins) agvlease, (ofmamstreety void ythouwen miss 
declivity.e.was th such lash) toe obem. Ol Cll Came US Cm nLOseN COC emma tI Horn Private 
scales are not a public purpose and cannot be maintained in the street; 
“oa.l) Com vs Coal -Coguece Mos AD Diege- Nori ican” the veity /oLrySt.. Louis “vacate” 
a street by ordinance for a certain time during which period it is to be used 
by a private concern, and thereafter again to be used as a street: Glasgow vs. 
St. Louis, 87 Mo. 678.: It is not competent for the city to create a street in 
the name of the public, for the purpose of vacating it in the interest of whom 
it may concern, nor to establish a street or a system of streets at the expense 
of the property owners in the district for the use of a private individual or a 
number of individuals: Kansas City vs. Hyde, 196 Mo. 498. Nor will the power 
in the charter authorize an ordinance that houses fronting on a certain street 
shall be used for residence purposes only: St. Louis vs. Dorr, 145 Mo. 466, 472, 485. 


Unauthorized obstruction of a street or highway is a nuisance: See discussion 
and authorities in introductory note to Rev. Code, Chap. 11, Art. 12 (preceding 
See. 585). See also below on this point. Power to remove, see also Charter, 
Clause 9, of this section and article, and ordinances R. C., Secs. 932 ef seg. 


Steam railroads in a street, sidewalk or alley so narrow or so operated that 
the use of the street by the railroads will destroy the use of the street by the 
public as a highway, are nuisances, and an ordinance purporting to permit such 
use or confer such right is void because an appropriation of a street to inconsist- 


ART. III, Sec. 26, Clause 2 ] CHARTER OF THE CITY OF ST. LOUIS. 325 


ent uses, and as destroying the rights of the abutting property holders, and 
injunctive relief may be had: Lockwood vs. Wabash, 122 Mo. 86, and cases cited; 
Dubach vs. Railway, 89 Mo. 483; Morie vs. Transit Co., 116 Mo. App. l. c. 24 
e¢ seg. citing numerous authorities; Lackland vs. Railroad, 31 Mo. 181; Lumber 
Co. vs. Railroad, 129 Mo, 455 (sidewalk obstruction—awarding injunction); 
Corby vs. Railroad, 150 Mo. 457 (alley—same) citing authorities; Knapp, Stout 
& Co. vs. Railroad, 126 Mo. 26; Sherlock vs. Railroad, 142 Mo. 172; nor can the 
city condemn private property for a street in order afterwards to give it over 
to a railroad to be used for switches: Kansas City vs. Hyde, 196 Mo. 498. 


But a switch, part of the road, is not a private use but a public one: Knapp, 
Stout & Co. vs. Ry., 126 Mo. 26; Brown vs. Railway, 137 Mo. 529. 


And unless it be shown that the use by the steam road will practically destroy 
the use of the street by the public the ordinance authorizing such use will 
not be held void, although in the more recent cases the tendency is toward more 
strictness against the railways: Morie vs. St. Louis Transit, 116 Mo. App. 1. ¢. 
25, citing the authorities, especially Sherlock vs. Ry., 142 Mo. 172; and see 
Geofray vs. Merch. Bridge, 179 Mo. 698; St. Louis Transfer vs. Merch. Bridge, 111 
Mo. 666; Brown vs. Ry., 137 Mo. 529; Randle vs. Ry., 65 Mo. 325. 


Nor can the city authorize a private steam road to use the street for private 
purposes: Glaessner vs. Anheuser-Busch, 100 Mo. 508; see also Brown vs. Ry., 137 
Mo. 1. -¢. 637. 


See further as to when steam railroads are nuisances in the streets note to 
Siw Cuay LAT. 12.) ony nuisances, 


The rights of abutting owners as affected by steam roads is fully discussed and 
the authorities collated, in De Geofray vs. Merch. Bridge Co., 179. Mo. 698, and it 
is held that no action lies where the road is built on the grade (only on the 
doctrine of stare decisis but that an action lies where the road is not built on 
the grade or street level. The court holds the.tendency to be toward more lib- 
eral relief against railroads in favor of property holders and that if the question 
were new damages could be recovered even if the road be on the grade. 


Street Railways in the streets, however, are not in all respects governed by the 
considerations applicable to steam roads in the streets, and the decisions above 
cited relating to the latter do not apply to street railways unless the tracks 
of such street roads are so defectively or peculiarly constructed as to prevent 
the current use of the highway by the public in the ordinary course of travel: 
Placke vs. U. D. Co,., 140 Mo. 634, 687; see also discussion in Morie vs. Transit 
Co., 116 Mo. App. 12, 25 and cases cited. But the same princtple applies to street 
as to steam roads: See Nagel vs. Street Railway, 167 Mo. 89, 97. See as to the 
difference between the power of the city over steam and street roads State ex rel. 
vs. Corrigan, 85 Mo. 263, 275 and cases cited. 


The street car company (like a steam road) must lay its tracks on the street 
level or be liable to abutting owners for damages: Farrar vs. Electric Co., 101 
Mo. App. 140. (And see Rev. St. 1899, Secs. 6116-6119, providing for assessment 
of damages before the grant by any city of a franchise to any elevated, under- 
ground or other street railway, on, over or under azy street, etc. This act applies 
to surface street railways: Ruckert vs. Grand Ave. Ry., 163 Mo. 1. c. 276, but it 
confers no right to damages where none would exist before its enactment: 
Nagel vs. Lindell, 167 Mo. 89, 98; Ruckert vs. Grand Ave. Ry. supra. And the right 
of the public over the highway is paramount; so that the city, when changing 
conditions and increasing travel in a navigable stream under which the street 
car company operates through a tunnel make‘ it necessary, may require the 
company at its own expense to lower such tunnel and increase thereby the 
depth of the water: West Chicago Ry. vs. Chicago, 201 U. S. 506. 


The city has no power to confer on one street car company the exclusive 
use of a street for its own business; and other companies cannot be excluded 
from using its tracks on making just compensation (Charter,’ Art. X, Sec. 6, 
Rev. Code, Secs. 1894-1899): Grand Ave. Ry. vs. Citizens’ Ry., 148 Mo. 1. c. 672, 
and cases cited; Railway vs. Railway, 132 Mo. 34, 43 and cases cited. 


As to the rights and powers of the city over street railways see Charter, Art. 
X: also Art. ITI, Sec. 26, Clause 11; ordinances R. C., Sec. 1863 and following. 


Vacating streets: A street cannot in one ordinance be lawfully “vacated” for a 
definite period, after which it is again to becom a street: Glasgow vs. St. 
Louis, 87 Mo. 678, 682. A street cannot be created : vr the purpose of vacating it 
in the interest of whom it may concern: Kansas City vs. Hyde, 196 Mo. 498. 


3 


6 


CHARTER OF THE CITY OF ST. LOUIS. [ART. III. Sec. 36; Clause 2. 


The question whether or not a street or alley shall be vacated is wholly within 
the legislative discretion of the municipal assembly, with which (in the absence 
of fraud) the courts cannot interfere: Knapp, Stout & Co. vs. St. Louis, 156 Mo. 
343; Glasgow vs. St. Louis, 107 Mo. 198; as to what is fraud in vacating street 
see Kansas City vs. Hyde, supra. 


As to when the courts will interfere for fraud in enacting an ordinance see 
note introductory to this article (III, Sec. 26). 


Nor can any but an abutting owner complain: Knapp, Stout & Co. vs. St. Louis, 
156 Mo. 343; s. c. 153 Mo. 560; Glasgow vs. St. Louis, 107 Mo. 198. 


When a street is vacated the abutting owners take the land free from the 
former easement: Thomas vs. Hunt, 134 Mo. 403. 


A highway cannot be in effect vacated by way of estopping the city from 
claiming it to be public property because included in an action to condemn 
private land for public use: Moses vs. St. L. Sect. Dock Co., 84 Mo. l. c. 246-247. 


But for the vacation of a street or alley the abutting owner is entitled to 
recover any special damage he may suffer thereby. His right is a property right 
and the vacation is subject to the constitutional provision against taking or 
damaging private property without just compensation, for which the courts 
of law will furnish him an adequate remedy, but not always an injunction: 
Christian vs. St. Louis, 127 Mo. 109; Heinrich vs. St. Louis, 125 Mo. 424 (discussing 
the lot owner’s right to damages). 


An ordinance, it was said, declaring an alley vacated is insufficient, because 
the abutting property owners have rights which could not be taken from them 
by the mere passage of an ordinance: Mitchell vs. Railroad, 116 Mo. App. 81, 88. 
Upon vacation of a street or alley the title reverts to the abutting property 
owners: 76.; see also note under- Art. VI, Sec. 1, as to rights of abutting owners. 


Liability for damages for defective streets, sidewalks, ete. The city having 
undertaken to open a street for pedestrians and vehicles is bound to keep the same 
in repair and reasonably safe for travel by day and by night, and is liable 
for injuries from neglecting this duty. . 


The cases on this subject are numerous, as well those applying the rule as those 
recognizing exceptions and limitations, but as this matter is one of general rules 
of law not specially affected by our charter and ordinances, a detailed discus- 
sion thereof would be out of place in a revision. 


It may, beaut be mentioned that the burden of keeping the street or side- 
walk in a reasonably safe condition is not a police but a governmental duty 
which can not be shifted by the city upon a tenant who is not the owner, without 
his consent: Ford vs. Kansas City, 181 Mo. 137 (holding such provision void). 


But the rule as to requiring the abutting owner to clear away snow and ice is 
held to be based upon the police power and is valid; but will not furnish the 
basis of a civil action to a private individual against such owner, nor enable 
the city, after being compelled to pay damages, to recover against the owner: 
See note and comments to Rev. Code, Sec. 1234 and cases there referred to. 
(As to liability of city for ice and snow on street see infra, thisinote!)) 


The duty to keep the streets safe for travel rests upon the city, and the 
city will be primarily liable for a failure to do so although by ordinance or agree- 
ment such duty is cast upon a street car company (Springfield vs. Ry., 69 Mo. 
App. 1. c. 523) or a market company (Blake vs. St. Louis, 40 Mo. 569, 571) or an 
abutting owner to keep a sidewalk free of ice, etc. (Norton vs. St. Louis, 97 Mo. 
537). 


But a municipality against which judgment is recovered for a defective street, 
resulting from the negligence of another, has a remedy over against the latter: 
GasliehntisGouvs@mDist.Cole 161 UWS 13816: 


The city is not liable for acts done in its governmental capacity, but only in 
its ministerial capacity and hence is not liable for injuries on streets or sidewalks, 
or parts thereof, which it never assumed to improve: Ely vs. St. Louis, 181 Mo. 
724; Ruppenthal vs. St. Louis, 190 Mo. 213; Hannibal vs. Campbell, 86 Fed. 
(Ch CHA EST. ; 


Nor where there is no negligence in the execution but only in the plans: Foster 
vs. St. Louis, 71 Mo. 157; see cases cited in introductory note to this article. 


ART. III. Sec, 26, Clause 2.| CHARTER OF THE CITY OF ST. LOUIS. 327 


Nor for failure to enforce its own ordinances; (see same note). 


Nor for injuries on a street it did assume to take charge of and improve, if in fact 
it is not in the city limits: Stealey vs. Kansas City, 179 Mo. 400. See also St. Louis vs. 
University, 88 Mo. 155. But if the city by ordinance provides for improving a 
street it will be presumed that it is in the city limits: Kansas City vs. Block, 
175 Mo. 433; and the city is liable where by an extension of its boundaries it 
takes in what prior thereto was a state road; it does not inherit the State’s 
immunity: Foster vs. Kansas City, 114 Mo. App. 728: So the city ‘is liable 
where it extends its sidewalk onto private property in such a manner that the 
line of demarcation cannot be distinguished: Deland vs. Cameron, 112 Mo. App. 
704; O’Malley vs. Lexington, 99 Mo. App. 695; and for injuries resulting from 
excavations on private property so near the street that one using the side- 
walk is injured by falling into the excavation: Wiggins vs. St. Louis, 135 Mo. 558; 
compare’ also, Hannibal vs. Campbell, 36 Hed. CC. Cy. A‘), 297,. 301. 


As to necessity of showing acceptance of dedication as street and what suf- 
ficient to show there is a street, see cases cited herein below. 


Amongst the recent cases discussing the liability of the city for defective streets 
or sidewalks may be named the following: Projecting sign falling on pedestrian 
on street from above: Loth vs. Columbia Theatre, 197 Mo. 328. For injury on 
unimproved sidewalk—contributary negligence as matter of law: Ruppenthal vs. 
St. Louis, 190 Mo. 213. Same subject—cinder walk—what is evidence of assumption 
OEP UnisGlcClion Dy CIty OL Vaucty to, repairs Dinsmore, vs. St) Louis, 192) Mo. 255. 
Injury by servant of city assaulting conductor of street car to prevent passing 
repair-point in street: Barree vs. Cape Girardeau, 197 Mo. 382. For injury caused 
by stepping-stone on sidewalk—contributory negligence not as a matter of law: 
Fischer vs. St. Louis, 189 Mo. 567. Injury on sidewalk—subsequent repair: Bailey 
vs. Kansas City, 189 Mo. 503. Injury on defective sidewalk: Conner vs. Nevada, 
r88 Mo., 148. Obstruction of sidewalk—respective liability of-property owner and 
city: Perrigo vs. St. Louis, 185 Mo. 274; Carvin vs. St. Louis, 151 Mo. 334 (same). 
Injuries to driver—dangerous cross-grade—contributory negligence: Kaiser vs. 
St. Louis, 185 Mo. 366. Excavation causing wall of building to fall: Gerst vs. 
St.-Louis, 185 Mo. 191. Sidewalk defective: Halloway vs. Kansas City, 184 Mo. 19; 
same: Ford vs. Kansas City, 181 Mo. 137. Unimproved walk—governmental or 
ministerial duty: Ely vs. St. Louis, 181 Mo. 724. Entire width of street or walk 
once opened to public to be Kept safe: Kossman vs. St. Louis, 153 Mo. 293, 299 
(street); Coffey vs. Carthage, 186 Mo. 573 (sidewalk—space between pavement and 
curbing); Fockler vs. Kansas City, 94 Mo. App. 464 (same). Obstructing sidewalk 
—third parties—when lawful: Hesselbach vs. St. Louis, 179 Mo. 505. Man-hole in 
street—contributory negligence in law: Wheat vs. St. Louis, 179 Mo. 572. Cellar 
door in sidewalk—notice: Fehlhauer vs. St. Louis, 178 Mo. 635. Water-meter box 
in sidewalk—notice—hidden defect: Carvin vs. St. Louis, 151 Mo. 334. Obstruction 
of sidewalk by loose counter—children playing in street: Straub vs. St. Louis, 
175 Mo. 413. Defective sidewalk—notice in time to repair: Beauvais vs. St. Louis, 
169 Mo. 500. Ice and snow on city sidewalks: Reno vs. St. Joseph, 169 Mo. 642 
(irregular icy ridges); same: Reedy vs. St. Louis, 161 Mo. 523. Same: Peters vs. 
St. Joseph, 117 Mo. App. 499. Same: Quinlan vs. Kansas City, 104 Mo. App. 616. 
Defective street—timely notice of defect: Ball vs. Neosho, 109 Mo. App. 683, 693 
and cases cited. Ditch in street, unguarded and unlighted: Jackson vs. Kansas 
City, 106 Mo. App. 52; Lindsey vs. Kansas City, 195 Mo. 166 (same). Defective 
sidewalk—no notice—no knowledge: Doherty vs. Kansas City, 105 Mo. App. 173. 
Same: Gerber vs. Kansas City, 105 Mo. App. 191. Stone falling from wall alongside 
street: Franke vs: St. Louis, 110 Mo. 516; Grogan vs. Co., 87 Mo. 321. Slippery 
mud on sidewalk: Milledge vs. Kansas City, 100 Mo. App. 490, distinguishing 
Badgeley vs. St. Louis, 149 Mo. 122. 


Dedication of street not necessary. What is assumption of possession of 
street or walk by city sufficient to impose on it the duty to repair: See the fol- 
lowing cases: O’Maliey vs. Lexington, 99 Mo. App. 695; Dinsmore vs. St. Louis, 
192 Mo. 255: Maus vs. Springfield, 101 Mo. 613; Meiners vs. St. Louis, 130 Mo. 274 
(showing when dedication and acceptance by city need or need not be shown); 
and as to when land becomes a street, see further, note to Art. VI, Sec. 1. 


Control over sewers, conferred by Art. III, Sec. 26, Clause 2, ‘to regulate the use 
thereof,” authorizes an ordinance (now Sec. 2304 of R. C.) requiring payment of a 
special tax bill before a lot owner may get connection therewith: Hill vs. 
St. Louis, 159 Mo. 159. <A city’s right to lay sewers necessary for the public 
health is paramount to a company’s right to water pipes laid in pursuance of an 
ordinance: See Nat’l Water Works Co. vs. Kansas City, 28 Fed. (C. C.) 921; New 


328 


prove or sell parks, ete. 


CHARTER OF. THE CITY: OF ST. LOUIS. [ART Itt See; 26, Clause is. 


Orleans Gas Co. vs. Drainage Comr’s, 197 U. S. 453 (maintaining the city’s right 
to compel change of location at the company’s expense). 


As to sewers and special tax bills therefor see Charter, Art. VI, Secs. 20-26 and 
notes thereto. 


Liability of city for insufficient or defective sewers and for overflows and surface 
water. There is no liability for overflow occasioned by an extraordinary and 
unusually heavy rainfall, nor where the sewer is sufficient to carry off the water 
under ordinary conditions: Gulath vs. St. Louis, 179 Mo. 38 (Mill Creek sewer); 
nor is there any liability, even if the sewer is insufficient and out of repair, 
if the excessive rainfall would have produced the same damage whether the 
city had been negligent or not: Brash vs. St. Louis, 161 Mo. 1. c. 440, followed in 
Gulath vs. St. Louis, supra. But if the defects in the sewer are the result 
of municipal negligence and cause damage or contribute with other causes to do 
so, the city is liable: Brash vs. St. Louis, 161 Mo. 433. 


Where the city is sought to be held for a sewer explosion it is incumbent 
on plaintiff to show the cause of the explosion to be due to the city’s culpable 
neglect: Fuchs vs. St. Louis, 167 Mo. 620. 


The city cannot be held for injuries resulting from causes which it could not 
in the exercise of ordinary caution and foresight have anticipated: Fuchs vs. 
St. Louis, 167 Mo. 620. 


Upon the question of liability for insufficiency in the plan under which the 
sewer was built, so as to make it inadequate even when it is not out of repair 
and there is no neglect causing obstructions, ete., see Gulath vs. St. Louis, 179 
Mo. 1. c. 53 (where the question was raised but the case decided on other 
grounds; see cases cited in briefs of respective counsel); Steinmeyer vs. St. Louis, 
3 Mo. App. 256; see also Foster vs. St. Louis, 71 Mo. 157 (overflows caused by de- 
fective plan of street grade. city not liable); Johnston vs. Dist. Col., 118 U. S. 19. 


As to liability of city for changing the flow of surface waters, see Rychlicki vs. 
St. Louis, 98 Mo. 497; Stewart vs. Clinton, 79 Mo. 603; Foster vs. St. Louis, 71 Mo. 
157, and cases-cited on p. 158; Payne vs. Ry., 112 Mo. 6; Barns vs. Hannibal, 71 
Mo. 449; Carson vss Springfield, 53 Mo. App. 289. And see as to pollution of 
streams, obstruction, etc., being nuisances: note to subject of ‘‘nuisances’’ in 
Rev. Code, Chap. 11, Art. 12 (preceding Sec. 584); Damages for defective water 
main, ete., causing flooding of premises: Rice vs. St. Louis, 165 Mo. 636. 


Regulation of wharves: See authorities cited in Rev. Code, Sec. 345; see, also 
Charter, Art. III, Sec. 26, Clause 4 and references there made; see also Belcher 
Sus) Ra Co. Vs s te hacG. Ee Cons 2a VL Ose 2 lta Ss amen Lavi on oon 


Metropolitan police: A police law emanating from the State excludes the 
power of the city to provide for the same subject by charter, and the charter 
provision will be ineffective: State ex rel. vs. Stobie, 92 South, W. 191; s. c. 194 
Mo. 14; State ex rel:( vs: Police: Commissioners, 184 Mo: 10935 State’ ex reli rvs: 
Mason, 153 Mo. 23, and cases cited. 


See as to the Metropolitan Police law now in force in St. Louis compilation of 
“Laws Relating Specially to St. Louis,’ ante pages 174-181, Chap. 24, Secs. 427- 
459, and the notes thereto. 


Third—Muniecipal buildings, market places—authority to im- 
To erect, purchase or rent a city hall, work houses, 


houses of correction, poor houses, insane asylums, engine houses, and all other 
necessary municipal buildings; to establish market places and meat shops, 
and license, regulate, sell, lease, abolish, or otherwise dispose of the same; 
and to inclose, improve, regulate or sell all parks and other public grounds 
belonging to the city. 


City Hall: See ordinance and note thereto in R. C., Sec. 1. 


Work-house: See notes and cases cited under ordinances relating thereto in 
Rev. Code, Secs. 1742-1784 inclusive «Chap. 21, Art. 4). 


| 

Houses of Correction: See as to House of Refuge, now “St. Louis Industrial 

School’ note and references therein appended to Rev. C., Art. V, Ch. 21 (Sec. 
1786). 


ART. III, Sec. 26, Clause 4-5.] CHARTER OF THE CITY OF ST. -LOUIS. 399 


Poor House: See R. C., Sec. 771 e¢ seg. and notes. 


Insane Asylum; See R. C., Sees. 747 ef seq. and notes thereto; also Scheme, Sec- 
Los Chart.oxtis Sec. 4: 

Engine Houses: See Ordinances on Fire Department, R. C., Chap. 6, Sees. 285 
el seq. See Charter, Art. XI, Secs. 1-5, and on Fire Telegraph Hep, see; Re C:, 
Chap. 7, Secs. 306-319. 


Market places: See comments and cases appended to ordinances on the subject: 
R. C., Chap. 16 (Sees. 1415 to 1486 inclusive) especially to heading of Art. 1 of 
Chapter 16 (preceding Sec. 1415). 


Meat Shops: See ordinances and notes R. Cy; Chap. 16; Art. 6,,Sees: 1473 to 1480. 


Parks: See notes and references to ordinances and cases in Charter, Art. VIII. 
See also R. C. note to heading Chapt. 25, “Public Parks,” Sec. 1218 e¢ seg. 


Fourth—To improve harbor, regulate ferries, create port 
wardens, regulate mooring of vessels, lease portions of wharf, 
etc.—To construct all needful improvements in the harbor ; to control, guide or 
deflect the currents of the river ; to erect, repair and reg ulate publie wharves and 
docks; to regulate marine ailways; to regulate and license all ferries and 
towboats, towing boats or other water craft, into, or out of, or within the 
harbor; to sell ferry privileges within the city limits, and to establish ferry 
rates; create the office of port wardens, and define their duties; to regulate 
the stationing, anchoring and mooring of vessels and wharfboats within 
the city; to charge and collect wharfage and tonnage dues, levee rates, and 
wharfage on firew ood, lumber, timber, logs, shingles, staves, posts, laths, 
and other articles brought to the port of St.. Louis; to set aside, or lease, 
portions of the unpaved wharf for special purposes, such as the erection 
of sheds, elevators and warehouses, and for railroad tracks, for quay-places, 
for the landing of lumber for mills, for cotton presses, for manufactories, 
and for any purpose tending to facilitate the trade of the city,—but no 
permit to use any portion of the wharf, or any lease of the same, shall be 
granted for a term exceeding fifty years. 


For harbor and wharf regulations, boundaries, offenses, ete., see ordinances and 
the comments and cases cited in notes appended thereto, found in Rev. Code, 
BeCoes 452k Soles kOly Gia Die NS eA by eels 


979_9 


For wharfage rates, leases, etc., see notesand comments to R.C., Secs.3873-3838 
of Ch. X, Art. 2; and note to Sec. 379 thereof treats of leasing unimproved 
portions of the wharf, etc., by the city; and note to Rev. Code, Chap. X, heading of 
Art. 2, treats of right to collect wharfage. 


For wharfboat regulations, license, ete., see ordinances R. C.,.Ch. X, Art. 3, 
Secs. 384-392. 
on 


For ordinances on wood, see 74, Art. 4, Secs. 393-404, also De 


Scavenger dumps, see 76. Art. 5, Secs. 405-412. 


For ferry regulations, license, etc., and power of city over ferries, see com- 
ments and cases in notes to ordinances on ferries in R. C., Ch. X, Art. 6, Secs. 
413-436, particularly Sec. 413 thereof. 


For provisions relating to Harbor and Wharf Commissioner see Charter, Art. 
IV, Sec. 38, and Art. IX in general; also ordinances Rev. Code, Sec. 1964-1969, 
1999; employes: Secs. 1965, 2012-2014, 411. 


Fifth—To license, tax and regulate various kinds of business, 
etc.—fix rates for ¢c: arriages,drayage, etc. regulate width of tires 
—to suppress certain occupations and amusements. —To leense, tax 
and regulate lawyers, doctors, doctresses, undertakers, dentists, auctioneers, 
grocers, merchants, retailers, hotels, boarding houses, tenement houses, office 
buildings, publie buildings, public halls, public grounds, concerts, photograph- 


330 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 26, Clause 5. 


ists, artists, agents, porters, runners, drummers, public lecturers, public 
meetings and shows, real estate agents and brokers, financial agents and 
brokers, horse and cattle dealers, patent-right dealers, inspectors and gaug- 
ers, stock yard proprietors, examiners of titles, conveyancers, mercantile 
agents, insurance ‘companies and insurance agents, bankers, banking or 
other corporations or institutions, telegraph companies or corporations, 
street railroad cars, livery and sale stables, hackney carriages, private car- 
riages, barouches, buggies, wagons, omnibuses, carts, drays and other ve- 
hicles, and all other business, trades, avocations or professions whatever ; 
to fix the rates for carriage of persons, and of wagonage, drayage and cart- 
age of property, and regulate the width of the tires of all vehicles for heavy 
transportation; to license, regulaté, tax or suppress ordinaries, hawkers, 
peddlers, brokers, pawnbrokers, money changers, intelligence offices, public 
masquerade balls, street exhibitions, dance houses, fortune tellers, pistol 
galleries, lottery ticket dealers, corn doctors, lock, private and venereal 
hospitals, museums and menageries, equestrian performances, horoscopic 
views, lung testers, muscle developers, magnifying glasses, billiard tables or 
any other tables or instruments used for amusement, circuses, operatic, 
theatrical and other exhibitions, shows and amusements; saloons, beer 
houses, tippling houses, dram shops, and gift enterprises; and to suppress 
prize fights, coon fighting, dog fights, chicken cock fights, gaming or gam- 
bling houses; and to suppress bawdy and disorderly houses, houses of ill- 
fame and of assignation; to provide for and enforce the registration of all 
births, marriages or deaths; to license, tax, regulate or suppress all occu- 
pations, professions and trades not hereinbefore enumerated, of whatever 
name and character. 


The city is specially authorized by the constitution (Art. IX, Sec. 21) to provide 
in its charter for the levy of taxes for the maintenance of the city government, 
upon such subjects and in such manner as is not inconsistent with the Con- 
stitution and laws of the State, and is not included in the cities deriving their 
authority to levy taxes from legislative grant mentioned in Art. X, Sec. 1: St. 
Louis vs. Bircher, 76 Mo. 431; St. Louis vs. Sternberg, 69 Mo. 289, 298. See on 
taxation and assessment in general, note to Charter, Art. V, See. 1. The con- 
stitutional provisions in respect to taxation do not apply to license taxes: 
St. Louis vs. Green, 7 Mo. App. 468; s. c. 70 Mo. 562. 


So long as there is no inequality, discrimination or favoritism, and the ordi- 
nance applies alike to all members of a class it is not objectionable as not being 
uniform in its operation: St. Louis vs. Bowler, 94 Mo. 1. c. 634 and cases 
cited; Aurora vs. McGannon, 138 Mo. 1. c. 48 and authorities cited; St. Louis vs. 
Sternberg, 69 Mo. 1. c. 301. 


A license cannot be imposed of a certain amount for one part of the city and 
a different amount for persons in the same class, for another part: St. Louis 
vs. Spiegel, 75 Mo. 145; St. Louis vs. Spiegel, 90 Mo. 587. 


The courts will presume the ordinance to be valid and reasonable unless the 
contrary is clearly shown: St. Louis vs. Weber, 44 Mo. 547; and see cases on 
invalidity of ordinances on the ground of unreasonableness referred to in note 
to Chart., Art. III, Sec. 26 (heading). 


The city may determine in what manner the tax is fixed and what the amount 
shall be, and acts in this legislatively and the courts, where authority to the city 
is specifically given, cannot review the same: Green vs. St. Louis, 7 Mo. App. 468; 
(s. c. affirmed 70 Mo. 562); St. Louis vs. Weitzel, 130 Mo. 600, 1. c. 620. 


The method of tax is for the city to determine: Aurora vs. McGannon, 138 Mo. 
l. c. 46, and cases cited; St. Louis vs. Weitzel supra. 


Where the legal requirements have been complied with by one applying for a 
license, its issuance by the proper officer may be compelled by mandamus: St. 
Louis vs. Weitzel, 130 Mo. 600. 


A contract by the city to exempt a particular corporation from a license tax 
is void: Springfield vs. Smith, 138 Mo. 1. c. 655, being within the principle decided 
in State vs. Railroad, 75 Mo. 208. 


ART. III, Sec. 26, Clause 5.] CHARTER OF THE CITY OF ST. LOUIS. 331 


The city has power to enforce by prosecution a penalty for violating license tax 
provision: St. Louis vs. Green, 70 Mo. 562; St. Louis vs. Weitzel, 130 Mo. 600; 
St. Louis vs. Sternberg, 69 Mo. 289, 302. See as to enforcement of ordinances in 
the police courts, note to Sec. 1265 of R. C. 


It is perfectly competent for the city as the delegated agent of the State to 
collect an ad valorem tax on property used in a calling and also impose a 
license tax on the pursuit of that calling: Aurora vs. McGannon, 138 Mo. 38; 
St. Louis vs. Green, 70 Mo. 562; s. c. 7 Mo. App. 468; St. Joseph vs. Ernst, 95 Mo. 
i Gaol; St Luonis vs. Weitzel, 130 Mo. iy cy 619. 


But the city cannot impose a tax unless authorized by charter: Kansas City vs. 
Grush, 151 Mo. 128, 131; St. Louis vs. Laughlin, 49 Mo. 559; St. Louis vs. Kaime, 180 
Mo. 309. 


License Collector, see R. C., Chap. 30. 


“And all other business, trades, avocations or professions whatever,” includes 
those eyusdem generts and hence covers architects: St. Louis vs. Herthei, 88 
Mo. 128; telephone companies, as ejusdem generis with telegraph companies: 
St. Louis vs. Bell Telephone, 96 Mo. 623, 629; Sewing Machine Agents: St. Louis 
vs. Bowler, 94 Mo. 630. 


See as to vocations licensed and taxed hereunder R.-C., Sec. 2270. 


Lawyers nad Doctors cannot be licensed, by reason of statute, R. S. 1899, Sec. 
5260. Cases prior thereto: St. Louis vs. Sternberg, 69 Mo. 289; St. Louis vs. 
Laughlin, 49 Mo. 559. 


Architects: St. Louis vs. Herthel, 88 Mo. 128. 
Sewing Machine Agents: St. Louis vs. Bowler, 94 Mo. 630. 
Auctioneers: See R. C., Chap. 31, Art. 1, Secs. 2126-2136. 


Bankers, Brokers and Insurance Companies: R. C., Ch. 31, Art. 2, Secs. 2137-2144 
and notes. 


Foreign Insurance Companies: R. C., Sec. 2280. 


Commission Merchants and Merchandise Brokers: See ordinances R. C., Sees. 
2145-2149. 


Dramshops: See notes to Rev. Code, Chap. 31, Art. 4, heading, and also notes to 
Secs. 2150-2165. This subject is now governed by State statutes: see same set 
out in “Laws Specially Applicable to St. Louis,” p. 122, Chap. 8, Sec. 229, and fol- 
lowing, and notes thereto appended. See as to keeping saloons open on Sunday 
under old charter: State vs. Binder, 38 Mo. 451. 


Electric Batteries: Ordinances) R2IC ee secsi, 2166 to. 2168: 
Fortune Tellers and Astrologists: See ordinances in R. C., Secs. 2169-2172. 


Merehants’ License Tax: For ordinance provisions see Rey. Code, Chap. 31, Art. 
11, Secs. 2196-2205 and notes. 


As to who is 3 merchant and where a sale is said to take place, and when 
power to require license exists, see in general: Canton vs. McDaniel, 188 Mo. 207, 
and cases cited; Kansas City vs. Grush, 151 Mo. 128. 


Uniformity of tax: Aurora vs. McGannon, 138 Mo. 38. 
Manufacturers: Ordinances R. C., Secs. 2179-2183 and note. 


Hawkers and Peddlers: For ordinances see Rev. Code, Chap. 31, Art. 14, Sec. 
2219-2230 and see comments and references to cases there cited; see also St. Louis 
vs. Meyer, 185 Mo. 583. 


House and Real Estate Agents and Brokers. For ordinances see Rev. Code, 
Chap. 31, Art. 8, Sees. 2176-2178, and cases and comments in the notes thereto. 


Hotels and Boarding Houses: See notes and ordinances R. C., Secs. 2173-2175. 
(Hotel runners see below.) 


Intelligence Offiees: Ordinances R. C., Sees. 2179-2188. 


332 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 26, Clause 6. 


Ordinaries or Restaurants: Ordinances R. C., Secs. 2206-2208. 


Pawnbrokers: See ordinances R. C., Secs. 2209-2218 and note to heading of that 
article: CATs OL Cin ote 


Railroad Ticket Brokers: See ordinances, Secs. 2231-2235. 
Steamboat, Railroad and Hotel Runners: See ordinances R. C., Secs. 2236-2246. 


Horse and Cattle Dealers, Stockyards Sales Stables, ete.: See ordinances and 
notes, R. C., Secs. 2247-2256. 


Street Railway Cars and Companies: See full noteandcomments, and references, 
to heading of Art. 18 of Ch. 31 of Rev. Code, and of the ordinances in connection 
therewith, viz.: Secs. 2257-2264; also Secs. 1863-1903. 


Steam Railways: R. C., Sec. 1852 and note to heading of that Art. 
Vault Cleaners: Ordinances R. C., Sec. 2265-2269. 


Sundry vocations, engraver, lithographer, photoganist, mercantile agent (see 
note on merchants), Keeper of billiard table, pool table, pistol gallery, shooting 
gallery: See ordinances thereon in R. C.,’Ch. 31, Art. 20, Sec. 2270. 


Fruit Auctioneer: R. C., Sec. 2287. 

Ferries: Ord. R. C., Secs. 413-416 and notes thereto. 
Engineers: mee Rev. Code, Sec. 2332, 

Bawdy Houses: See note to R. C., See. 1518. 

Livery Stable: pee: ord, R. C., Sec. 625 and note, 626 and Sec. 2256. 

Meat Shops and Market Places: See R. C., Chap. 16 (Sees. 1415-1480). 
Vehicles, Wagons, etc.: Ordinances and notes thereto: R. C., Secs. 1810 ef seg. 
Automobiles, Motoreyeles, etc.: Ordinances R. C., Sees., 1811-1812. i 


Public Porters: R. C., Secs. 1805-1809. 


Theatre, show, billposter, exhibition and amusements: R. C., Secs. 2270; also 
Sec. 1592-1597; as to theatres’see also Secs. 195 ef seg., 210-211. 


Junk shop, rag picking, roundabout, etc.: See R. C., Sees. 1519-1521. 
City weighers: R. C., Sec. 2584. 


Lumber measurers: R. C., Sec. 2591. 


Sixth —_ To establish quarantine —regulate quarrying 
slaughtering of animals and abate nuisances—summary powers 
of Mayor.—To establish and enforee quarantine laws and regulations ; to pre- 
vent the introduction and spread of contagious diseases ; to establish and regulate 
hospitals, and to secure the general health of the inhabitants by any meas- 
ure necessary; to regulate stone quarries and quarrying of stone, and the 
slaughtering of animais; provide for the erection, management and regula- 
tion of slaughter houses; prevent the driving of stock through the city; 
prohibit the erection of soap factories, stock yards, and slaughter houses, 
pig pens, cow stables and dairies, coal oil and vitriol factories within pre- 
scribed limits, and to remove and regulate the same; and to regulate or 
prevent the carrying on of any business which may be dangerous or detri- 
mental to the public health, or the manufacture or vending of articles ob- 
noxious to the health of the inhabitants; and to declare, prevent and abate 
nuisances on public or private property and the causes thereof; and the 
Mayor, whenever in his opinion a nuisance exists, on public or private prop- 
erty, or whenever a nuisance has been so declared by ordinance or resolu- 
tion of the Board of Health, is authorized to abate and remove such nui- 
sance and the cause thereof in a summary manner, at the cost of the owner 


\ 


ART. III, Sec. 26, Clause 7.] CHARTER OF THE: CITY OF ST. LOUIS. 333 


or occupant of the premises where the nuisance, or the cause thereof may 
be, and for that purpose may enter upon and take possession of any prem- 
ises or property where such nuisance may exist or be produced. 


Qurrantine and Infectious Diseases in charge of Health Commissioner: Charter, 
Art. 12, Sec. 4; power of mayor and commissioner 73. Sec. 8; superintendent, how 
appointed; Art. 12, Sec. 5. For ordinances and authorities on the subject of 
quarantine, see Rev. Code, Chap. 11, Art. 19, Secs. 818 to 826; and as to regu- 
lations for contagious diseases see R. C., Secs. 792-818; Restrictions by charter 
against treating patients sick with cholera, plague or smallpox, see Charter, Art. 
LIT: Secs 35. 


Hospitals: Right to purchase, see Charter I, Sec. 1; appointment of super- 
intendents see Chart., Art. 12, Sec. 5; For ordinances on the city institutions see 
R. CG. Chap. 11, Art: 16; Secs. 705-770) and notes. 


Quarries: See notes appended to ordinances on the subject: R. C., Secs. 625, 
G20peLDoow eA ISO note: tO sledding -anlisances, Vin. GasEh. 11, Artiawi2. (preceding 
Sec, 584). See also’ Charter provision, Art. ILI, Sec. 34. 


Slaughter Houses: See ordinances with notes thereto, Rev. C., Secs. 625, 626, 600 
ton olepenmoler tLomnulsances LReve lc. Chall Art. Ze see taisou Charter. Art. Lil. 
Sec. 34. 


Stock Driving: R. C., Secs. 1574-1581 and note to Sec. 1578; see also Charter, 
Art. lII, Sec. 26, Clause 9, and notes. 


Factories, ete.: See Art. III, See. 34 and note. 


Pig Pens, Cow Stables, Dairies, Factories, ete.: See ordinances under “nui- 
sances,” BR. G., Chap. 11, Art. 12, and) notes thereto, and ‘Secs. 584 and. followine. 
For dairies see also R. C., Secs. 5138 e/ seg. and notes. 


Soap Factories, Bone and Rendering, etc.: See in addition to above R. C., Secs. 
604 et seq, and also Charter, Art. III, Sec. 34. 


Where the power to prohibit is given the lesser power to permit on condition is 
included: St. Louis vs. Fischer, 167 Mo. 662, approving St. Louis vs. Howard, 
179 Mo. 41; sees: c. 2b, 37. . 


“Regulate or prevent the carrying on of any business which may be dangerous 
or detrimental to the public health:’” St. Louis vs. Lamp Mnfg. Co., 139 Mo. loc. 
Gill Oo ate HLOUISe VS HISChem= 167 Monk cc. 662) (aftirmed 194: U.S) 361): 


“To secure the general health of the inhabitants by any measure necessary”: 
See as to power to pass milk and cream inspection ordinances: St. Louis vs. 
Liessing, 190 Mo. 464, 480; to require owner to destroy weeds: St. Louis vs. 
Galt, 179 Mo. 8, 18. See also note to Charter to general welfare clause: Art. III, 
Sec. 26, Clause 14. 


This, with other sections, does not operate to take from the Board Pub. Imp. 
and confer on the Board of Health the power to make contracts for disposal of 
garbage or for other public work: State vs. Butler, 178 Mo. 1. c. 300. 


“To deciare, prevent and abate nuisances on public and private property, and 
the causes thereof,’ etc.: See note on subject of “nuisances” in connection with 
ordinance provisions in Rev. Code, Ch. XI, Art. 12, Secs. 584-689 and discussion of 
the subject and cases there cited. For further charter provision see Charter, Art. 
XII, Secs. 6, 4, 3. As to abatement of a nuisance caused by tHe city at the 
expense of the city see Art. VI, Sec. 19. 


Seventh—To establish standard for weights and measures—in- 
spection of lumber and various articles of food, manufacture, ete. 
—To regulate and establish the standard of weights and measures to be used in 
the City of St. Louis, and provide for the inspection of the same ; to make pro- 
vision for the inspection and measurement of lumber and other building material ; 
for the inspection of steam boilers and all steam-heating apparatus, and to 
license engineers using steam boilers in said city; for the inspection of 
beef, pork, flour, meal, oil, coal oil, naphtha, benzine and other burning 
fluids, molasses, syrups, turpentine, vinegar, beer and ale, wines, whisky, 


334 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 26, Clause 8. 


rum, brandy and other spirituous liquors in barrels, hogsheads and other 
vessels; for the inspection and weighing, or measuring hay or stone coal, 
charcoal, firewood, and all other kinds of fuel to be used in the City of St. 
Louis; for the inspection of butter, cheese, milk, lard and other provisions; 
for regulating the weight and quality of bread; the price and quality of 
gas; and for the inspection and vending of meat, poultry, fish and vegeta- 
bles; to designate the place where such articles shall be sold; restrain and 
punish the forestalling of poultry, butter, eggs, vegetables and fruit, and 
regulate or suppress hucksters; Provided, That nothing in this article shall 
be construed as to authorize the inspection of any article enumerated in 
this act, which is to be shipped beyond the limits of the city, except at the 
request of the owner thereof; and, provided further, that the inspectors, 
under this subdivision shall be qualified by practical experience to dis- 
charge their respective duties. 


Standard and Inspection of Weights and Measures: Further charter provision, 
Art. IV, Sec. 30. For discussion and cases see notes to ordinances on this sub- 
ject R. C., Chapter 40, Secs. 2531 and following. 


Lumber Inspection, ete.: See R. C., Secs. 2591-2599. 


Steam Boilers Inspection, Licensing Engineers, etc.: See nates of cases to 
heading of Rev. C., Chap. 23, and ordinances 2323 to 2365. 


Inspection of Meat, Fish, Vegetables, Fruit: See R. C., Ch. 11, Art. 7, Sees. 535 
to 544; forestalling and rending same or designating where same to be sold see 
Markets, Meat Shops, etc. (R. C., Chap. 16, Secs. 1415-1485). Fruit and vegetables 
to be sold only in original packages at depots or landings, nor to anybody but 
licensed dealers: Rev. Code, Secs. 1483-1485. 


Coal, Hay, ete.: See notes to R. C., Secs. 2564 et seq. 
Gas Inspection: R. C., Secs. 334 to 344. 
Hucksters: R. C., Sec. 1468. 


Inspection of milk, cream, butter, cheese, ete.: For ordinance provisions see 
Rev. Code, Ch. 11, Art. 5, Secs. 484-512 and notes thereto. See as to upholding 
the ordinances based on above charter provision: St. Louis vs. Liessing, 190 
Mo. 464; St. Louis vs. Grafeman Dairy Co., 190 Mo. 492, 506; Same vs. Same, 190 
Mo. 507; St. Louis vs. Reuter, 190 Mo. 514; St. Louis. vs. Polinsky, 190 Mo. 516; 
St. Louis vs. Schuler, 190 Mo. 524. 


Eighth—To regulate and provide for election or appointment 
of City officers, etc.—salaries and jurors’ and witness’ fees.—To 
regulate and provide for the election or appointment of city officers required by 
this Charter, or authorized by ordinance, and provide for their suspension or re- 
moval; and they shall establish the salaries of all officers and the eompen- 
sation of all employes, excepting day laborers, and’ jurors and witnesses, 
respectively, for their services: Provided, That the salary of no officer 
shall be changed during the term for which he is elected or appointed, and 
that no officer receiving a salary shall receive any fees or other compensa- 
tion for his services. 


Election of officers is now regulated by the State law, as to which see same 
herein set out, with notes thereto, in ‘Laws Specially Applicable to St. Louis,” 
pel 24 Chap osSecss 230-on1, See ralsoec hart. Arie live 


For elective and appointed officers, appointment, suspension and removal 
thereof, the filling and existence of vacancies, etce., see provisions of Charter, Art. 
IV, with discussion and citation of cases in the notes thereto. 


For salaries of officers and discussion of authorities thereon, see note to 
Charter, Art. XVI, Secs. 17 and 18. 


The provision that ‘‘No officer receiving a salary shall receive any fees, or ether 
compensation for his services,’ excludes deputy recorder of woters from com- 
pensation other than his salary for overtime: Lemoine vs. St. Louis, 120 Mo. 419. 


ART. III, Sec. 26, Clause 9.| CHARTER OF THE CITY OF ST. LOUIS. 335 
\ 


It was held that a similar Kansas City provision did not apply to policemen, 
whose salary is fixed by the Police Board: State ex rel. vs. Gifford, 70 Mo. App. 
522; but in St. Louis there is\an ordinance on witness fees which excepts city 
officers and prosecutors from claiming such fees in police courts: Rev. Code, Sec. 
1297; and the Rev. Statutes 1899, Sec. 2840, provide that no officer, appointee, or 
employee holding a state, county, township or municipal office, including police 
officers and policemen, is allowed any witness fee for testifying before a coroner, 
grand jury or in any criminal case. The provision that the “salary of no officer 
shall be changed during the term for which he is elected or appointed,” is in 
accord with constitutional and statutory provisions to the same effect; and since 
(it is held) the period during which an incumbent holds over after the expira- 
tion of his regular term, “until his successor is appointed and qualified” is 
considered part of his term, he cannot be permitted to participate in an increase 
in salary (enacted during the regular term) during that period for which he 
holds over thereafter: State ex rel. vs. Smith, 87 Mo. 158. But such provisions 
do not apply to officials who ho#d at the pleasure of the appointing power, but 
only where there is a definite term of office: State ex rel. vs. Johnson, 123 Mo. 
43, 49. 


The right of the city to fix compensation of officers does not confer the right 
to reduce, take away or change the same: See Carr vs. St. Louis, 9 Mo. 190. Also 
see in connection herewith, note on ‘Salaries’ to Sec. 17 of Art. XVI of Charter. 
A city officer is entitled to the compensation fixed by ordinance and no more: 
Carroll vs. St. Louis, 12 Mo. 444. See also Chamberlain vs. Kansas City, 126 
Mo. 430. An ordinance requiring one employed by the city to pay notary’s fees 
for business done in connection with ctty matters (but paid by third persons) 
during city hours, into the city treasury, his salary as employe to cover such 
services, is void and the fees so paid to the city may be recovered: Wood vs. 
Kansas City, 162 Mo. 312. 


The object of the provision “to regulate and provide for the election or appoint- 
ment of city officers,’ etc, is “quite plain; it bestows, as its language imports, 
sufficient power . . . to make all necessary rules or laws in regard to muni- 
cipal elections, whether those elections be general or special, whether occurring 
before the expiration of any official term of office and therefore antictpatory in 
their nature or after some regular election has failed of its purpose,” etc. ; 
“The authority thus delegated is plenary . . . . a power which recognizes only 
such limitations as are marked out by the constitution or laws of this state or 
some other provision of the charter,” etc.: State ex rel. vs. Thomas, 102 Mo. 85, 
89-90 (upholding a special election under ordinance now Sec. 1690 of Rev. Code). 
The section was cited but not discussed in St. L. vs. Mnfg. Co., 139 Mo. 1. c. 568. 
See further on these subjects notes to Charter, Art. IV, Secs. 5-9, 12-13, etc. 


As to lack of jurisdiction of the city officials in contest of Justice of the Peace 
and Constable elections see State ex rel. vs. Lobsinger, 7 Mo. App. 106; State ex ret. 
vs. McGee, 69 Mo. 504; State ex rel. vs. Kramer, 150 Mo. 89; 


And as to mayoralty election: State ex rel. vs. Dillon, 87 Mo. 487. The municipal 
assembly is to determine in first instance who elected: Rev. Code, Sec. 1491; and 
contest is determined in circuit court: State ex rel. vs. Hough, 193 Mo. 615. See 
ordinance on jury fees: R. C., Secs. 1835, 2412; also jury law provided in state 
statutes: See Rev. St. 1899, Secs. 6539-6570 (set out herein under ‘‘Laws Sp. 
Appl. to St. Louis,” Secs. 140-172); R. C., Sec. 1334; Scheme, Secs. 27, 28, 30, 31; 
as to witness and jury fees in police courts see R. C., Secs. 1297-1298. 


Ninth—To prevent riots—regulate or prohibit animals from 
running at large—obstructions on streets, ete.—To restrain and pre- 
vent any riot, rout, noise, disturbance, or disorderly assemblage, and amuse- 
ments, dangerous to persons or property, in any street, house or place in the city, 
and regulate or prohibit the running at large of cattle, cows, hogs, goats, dogs 
and every other brute animal within the limits of the city; to prevent and re- 
move all obstructions and encroachments upon the sidewalks, curbstones, 
carriageways, streets, avenues and alleys, at the expense of the owners of 
the ground fronting thereon, and to regulate and prohibit the building of 
vaults under sidewalks. 


Restraint of animals running at large: See ordinances in R.C., Secs. 1578-1581 
and note of cases; see also statutes under State Laws for St. Louis, p. 79, Secs. 
4-11; Scheme, Sec. 35. 


336 CHARTER OF THE CITY OF ST. LOUIS. [ART. III, Sec. 26, Clause 10-11 


Riots, disturbances, etc., ordinances: R. C., Sec. 1536 ef seg. mayor’s powers: 
R. C., Sec. 1503; Rev. St. 1899, Sec. 2139; power and duty ‘of mayor, sheriff, etc., 
under statute: R. S. 1899, Sec. 2132; duty of sheriff, R. S. 1899, Sec. 10046. 


Obstructions on streets and sidewalks, etc.: As to removal, etc., see R. C., Sec. 
932 et seg.; sidewalks to be kept free from filth, snow and ice by the owners and 
agents, etc., see R. C., Sec. 1234, and cases in note appended thereto. As to what 
obstructions of streets are lawful and what are not see notes to Chart., Art. III, 
Sees 326Clause: 2 also =notexin’ RCs to, Chaps tile Arte, les Counder nuisances mand 
Secs. 584 ef seg. 


Vaults under sidewalks: See Rev. Code, Secs. 919 et seg. 


Tenth—To impose and collect fines, ete.— commitments to 
workhouse.—To impose, collect and enforce fines, forfeitures.and penalties, 
for the breach of any city ordinance. Any offender who shall neglect, or refuse 
to pay any fine, penalty and costs that may have been imposed upon him or 
her, shall be committed to the workhouse, or, in case of women, in such 
other place as for them may be provided, until such fine, penalty and costs 
be fully paid: Provided, that no such imprisonment shall exceed six months 
for any one offense. Every person so committed to the workhouse, or such 
other place aforesaid, shall be required to work for the city, at such labor 
as his or her health and strength will permit, within or without said work- 
house or other place, not exceeding ten hours each working day; and for 
such work the person so employed shall be allowed, exclusive of his or her 
board, fifty cents per day for each day’s work, on account of said fine and 
costs. 


For ordinances on fines, penalties and forfeitures see Rey. Code, Chap. 18, Art. 8, 
Secs. 1650-1653 and in connection therewith the subjects below referred to; also 
see Charter, Art. III, Sec. 26, Clause 14. 


Proceedings in police courts for violation of ordinances: See note, discussing this 
subject in full, to Rev. Code, Chap. 13, Art. 1, Sec. 1265, together with references 
to charter and ordinance provisions, with general discussion and citation of 
authorities; also note to Sec. 1279. 


For Court Criminal Correction, and authorities relating thereto, see “Laws Spe- 
Gially Applicable ‘to Sty Louis; ante, ps 07-103) Cho, Art., 4). Secs UZ liao. 


For Workhouse ordinances and discussion see Rev. Code, Chap. 21, Art. V, 
notes, and sections R. C., 1742-1784 and also note to Sec. 1265. 


For House of Refuge, now St. Louis Industrial School, see “Laws Specially 
Applicable to St. Louis,’ ante p. 162-164, Sec. 355-367 and notes; also ordinance 
RAC Chap Zi SAT teow SeCumuaso: 


Eleventh—To protect rights of city in corporations— grant, 
regulate and repeal railway franchises— free passes on 
street railways prohibited.—To take all needful steps in and 
out of the State,..to protect the rights of the city, in any corpo- 
ration in which the city may have acquired an interest; to have sole 
power and authority to grant to persons or corporations, the right 
to construct railways in the city, subject to the right to amend, 
alter or repeal any such grant in whole or in part, and to regulate and 
control the same, as to their fares, hours and frequency of trips, and the 
repair of their tracks, and the kind of their rails and vehicles; but every 
right so granted shall cease, unless the work of construction shall be begun 
within one year from the granting of the right, and be continued to com- 
pletion with all reasonable practical speed, and it shall be cause of 
forfeiture of the rights and privileges derived from the city, of any railroad 
company operating its road only within this city, which shall allow any 


‘ 


ART. III, Sec. 26, Clause 12.] CHARTER OF THE CITY OF ST. LOUIS. 337 


person to ride or travel on its road gratuitously or for less than usual price 
or fare, unless such person be an officer or employe of such company. 


Section cited: State ex inf. vs. Lindell Ry., 151 Moo:'l. c¢. 181. 


As to the effect of the reservation by the city in the conferring of franchises of the 
“right to alter, amend or repeal’ the provisions thereof, see San Antonio Traction 
Co. vs. Altgelt, 200 U. S. 304 (subsequent legislation affecting fares allowed); Detroit 
vs. Ry., 184 U. S. 368 (same not allowed, having been expressly contracted for and 
no effective reservation made); Railway vs. Philadelphia, 101 U. S. 528 (allowing 
increase in license on cars); Bank vs. Owensboro, 173 U. S. 636 (‘the reserved 
power deprives the contract of its irrevocable character and submits it to legislative 
control,” p. 644); Sioux City Street Ry. vs. Sioux City, 138 Mo. 98 (allowing im- 
position of additional expenses on company for paving street). 


For ordinances regulating the hours and frequency of trips, see R. C., Sec. 1867, 
with note thereto. For repair of tracks, character of rails, speed limit, sur- 
render of franchise, and numerous police regulations, see Rev. Code, Ch. 23, Art. 6, 
Sections 1863 to 1903 inclusive, with notes thereto; also Charter, Art. X, and 
notes. 


Power to “license, tax and regulate” street-cars is conferred by Charter, Art. III, 
Sec. 26, Clause 5, and on this point see ordinance R. C., Sec. 2257, with discussion and 
citation of cases in note thereto. But in general the powers of the city on the 
subject of street railways, granting of franchises, effect thereof, forfeiture, etc., 
are set out in Art. X of the Charter, which, together with the notes thereto, 
snould be read in connection herewith in determining the effect of this section 
as to street railways. 


For regulations concerning steam railroads, see Rev. Code, Chap. 23, Art. 5, Sec- 
tions 1852 to 1843, with notes thereto, 


Twelfth—To examine premises—regulate storage of gun- 
powder, ete.— prohibit wooden buildings, and enforce 
precautions against fire—inspection of buildings, ete.—The 
Assembly through its officers or agents, may at ail reasonable times, enter 
into and examine all dwellings, lots, yards, enclosures and buildings of ev- 
ery description, to ascertain their condition for health, cleanliness and 
safety; take down and remove buildings, walls, or superstructures that are 
or may become dangerous, or require owners to remove or put them in a safe 
and secure condition, at their own expense; regulate the storage of gun- 
powder, giant powder, dynamite, nitroglycerine, and other explosive com- 
pounds and of all combustible and inflammable materials, the use of lights 
and candles in stables, shops and other places; remove, or prevent, the con- 
struction of any fire-places, chimneys, stove, oven, boiler, kettle or any ap- 
paratus used in any house, building, manufactory or business, which is 
liable to cause fires, or conflagrations; direct the safe deposit of ashes, or 
other dangerous rubbish or material, and order and regulate the building of 
partition, parapet and fire walls, partition fences, smoke flues, hot-air flues, 
smoke stacks, and the erection and cleaning of chimneys; shall provide for 
the safe construction, inspection and repairs of all private or public build- 
ings within the city; regulate, restrain or prohibit the erection of wooden 
buildings within the prescribed limits and remove the same at the owner’s 
expense when erected or suffered to remain contrary to law or ordinance; 
compel persons to aid in extinguishing fires, or in the preservation of prop- 
erty liable to be destroyed or stolen, and compel owners of buildings to have 
scuttles on their roofs and stairs or ladders leading thereto. 


All the provisions of this clause have had ordinances enacted in pursuance 
thereof. Most of these ordinance provisions will be found under what is known 
as the Building Code, comprising Rev. Code, Secs. 27 to 234 inclusive, containing 
many and minute provisions and regulations. As to ordinances on gun-powder, 
etc., see R. C., Secs. 19-26; fire-crackers and fireworks, Secs. 228-229; lamps in 
Stables, 73. Sec. 225. For fire limits for wooden buildings see Charter, Art. XI, 


338 CHARTER OF THE CITY OF ST. LOUIS. [{ART. III, Sec. 26, Clause 13-14. 


Sec. 4; also R: C., Sec. 68 (and note to Sec. 66.as to authority of city to remove 
buildings erected in violation thereof). 


Right to enter and examine premises, etc., to ascertain sanitary conditions: See 
as to right of Health Commissioner in this respect, Charter, Art. A:iI, Sec. 3, 
and as such right in the members of Board of Appeals from Building Commis- 
sioner’s rulings, see Rev. Ord., Sec. 60; as to right of the Mayor to enter to 
abate nuisances, see Charter, Art. III, Sec. 26, Clause 6; right of Sewer Commis- 
sioner to enter premises, Rev. Code, See. 2315. And see in general under “Right 
of Entry,” etc., in the Index to Rev. Céde, for references. 


Power to require owners to remove or put in safe condition does not authorize 
an ordinance requiring the agents of owners to do so: St. Louis vs. Kaime, 180 
Mo. 309 (the ordinance has since been amended in this respect: See R. C., Sec. 216). 


Power to provide for safe construction, inspection and repairs does not confer 
power on the city to change the common law rule as to lateral support between 
adjacent owners in case of excavations: Carpenter vs. Reliance Realty Co., 103 
Mo. App. 480, 494 (ord. R. C., Sees. 72-73). 


Thirteenth—To provide for insane persons and paupers— 
assessments, ete, of State revenue.— To provide for the 
support and maintenance and confinement of insane persons; and to 
make suitable provisions for the maintenance and support of poor persons ; 
to exercise the same powers and perform the same duties in regard to the 
assessment and collection of the State revenue, within the City of St. Louis, 
as is now by law vested in the County Court of St. Louis County, in such 
manner as provided by ordinance. 


Ordinances as to insane asylum and confinement and care of the insane: Rev. 
C., Chap. 11, Art. 16, Secs. 747-770 and notes; see also Charter, Art. XII, Sec. 4. 
As to poor persons and Poor House see Rev. C., Chap. 11, Art. 17, Secs. 771,791, and 
notations. 


Fourteenth—General welfare clause—general authority to pass 
and enforce ordinances— census of inhabitants.—Finally, to pass all 
such ordinances, not inconsistent with the provisions of this Charter, or 
the laws of the State, as may be expedient, in maintaining the peace, good 
government, health and welfare of the city, its trade, commerce and manu- 
factures, and to enforce the same by fines and penalties, not exceeding five 
hundred dollars, and by forfeitures not exceeding one thousand dollars; 
to purchase, rent, or lease, within the limits of the city or elsewhere, any 
real or personal property, and to control, manage, sell or lease, or other- 
wise dispose of the same, for such purposes and considerations as they 
may deem proper for the public welfare of the city, and to provide for the 
enumeration of the inhabitants of the city. 


Power to purchase, rent, lease, control, dispose of, ete., property within and 
without the city limits, etc.: See discussion in note to Charter, Art. I, Sec. 1, and 
citation of cases. 


As to formalities and executien of city contracts, deeds, ratifications, estoppel, 
ete., see note to Chart., Art. XVI, Sec. 7 and cases. 


Enforcing ordinances by fines and penalties, ete: See references to ordinances, 
charter and state provisions in note to Charter, Art. III, Sec. 26, Clause 10. See 
also discussion in notes to R. C., Secs. 1265, 1650. 


General welfare clause: The powers broadly conferred under this clause may be 
limited and qualified by special and particular powers expressly conferred, the 
general clause not enlarging nor annulling those specifically conferred by the 
special clauses undertaking to’confer powers over that subject: St. Louis vs. 
Kaime, 180 Mo. 309, 317 (denying power to compel agent to remove unsafe build- 
ing); State vs. Butler, 178 Mo. 272, 302; St. Louis vs. Bell Telephone, 96 Mo. 623, 
631 (denying power to fix telephone rates). 


ART. III, Sec, 27-28.] CHARTER OF THE CITY OF ST. LOUIS. 339 


Inspection of milk under general welfare clause: St. Louis vs. Liessing, 190 Mo. 
464, 480. 


Temporary closing of street: Haller vs. St. Louis, 176 Mo. 606, 620. 
Vagrancy: St. Louis vs. Benty, 11 Mo. 61. 


Prohibiting keeping open place of business on Sunday: St. Louis vs. Cafferata, 
24 Mo. 94. 


Prohibiting cruelty to dumb animals: St. Louis vs. Schoenbusch, 95 Mo. 618 (in 
which the court says that “the cases show that general welfare clauses are not 
useless appendages to the charter powers of municipal corporations. They are 
designed to confer other powers than those specifically named. The difficulty in 
making specific enumeration of all such powers as may be properly delegated to 
municipal corporations renders it necessary to confer such powers in general] 
terms. Ordinances relating to the comfort, health, good order, convenience and 
general welfare of the inhabitants are regarded as the exercise of police regula- 
tions’’). 


Dramshops in Parks: .State ex rel. vs. Schweickardt, 109 Mo. 496. 
Abolish Wells in Streets: Ferrenbach vs. Turner, 86 Mo. 416. 


Regulate Steam Boilers and require licensed engineer, ete.: St. Louis vs. Lamp 
Co., 1389 Mo. 568. 


Removal by Mayor of appointed officer as penalty for misconduct is within 
general welfare clause: State ex rel. vs. Walbridge, 119 Mo. 3838, 393. 


Prohibit disturbance of the peace, drunkenness, gambling, further public 
safety, prohibit carrying concealed weapons, noises, immorality, and numerous 
other miscellaneous offenses, etc. See ordinances and notes thereto in Rev. 
Code, Chapter 18. 


See further authorities under the particular subjects involved. 


Sec. 27. Fires to be guarded against.—The Assembly shall, without 
unnecessary delay, enact stringent and efficient laws for securing the safety 
of persons from fire in halls and buildings let or used for public assemblies, 
and for entertainments or amusements. 


See ordinance precautions against fire in numerous sections of the Building 
“Code (R. C. sees. 27 to 234 inclusive.) 


Sec. 28. Numbering, printing and repeal of ordinances.— Every 
ordinance when passed and approved by the Mavor, or when it shall have 
become a law, shall be sent to the City Register, and by him shall be num- 
bered, printed, filed, and preserved in his office, according to ordinance; 
and no special or general ordinance, which is in conflict or inconsistent 
with general ordinances of prior date, shall be valid or effectual until such 
prior ordinance, or the conflicting parts thereof, are repealed by express 
terms. 


For ordinance provisions on numbering, printing and repeal of ordinances, see 
Rev. Code secs. 1401-1405, and as to the effect of repealing a repealed ordinance, 
R. C. secs. 1411, 1401; and the effect of a repeal on tenure of office, R. C. sec. 
1412. In how far repeals affect rights in pending matters, etc., R. C. secs. 1403, 
1405, 1406, and see notes to some of above sections. 


Repeal: See similar provision in ord. R. C. see. 1404. 


Under this provision of the charter it is held that where there is a special ordi- 
nance enacted on the same subject as a general ordinance, so that if standing 
alone the latter would include the same matter and conflict with the special act, 
the special and particular must be taken as intended to create an exception to the 
general, and not as a repeal thereof by implication: Ruschenberg vs. Railroad, 
161 Mo. 70, 82; Campbell vs. Ry., 175 Mo. 161, 176-177. See also other authorities 
to this effect cited in note to heading of Art. III, sec. 26 (under paragraph ‘Con- 
struction of Charter and ordinance provisions.’’) 


340 


CHARTER OF THE CITY OF ST. LOUIS. CART. Ill, Sec. 29. 


Where the supposed sections are not materially variant the charter provision 
does not apply, and at all events the last section is invalid only to the extent of 
the conflict, and to that extent only leaves the original ordinance in force: St. 
Louis vs. Weitzel, 130 Mo. 1. c. 617. 


A contention that an ordinance is void because in conflict with a former general 
ordinance not expressly repealed, under this section, is futile where such former 
ordinance is not offered in evidence or referred to in the trial: St. Louis vs. Lies- 
sing, 190 Mosl. c. 490. 


This section does not apply where both ordinances are special; a special ordi- 
nance may be repealed by implication by a subsequent special ordinance in oon- 
flict with it: Schumacher vs. St. Louis, 3 Mo. App. 297. 


But where a provision is of a general nature, no subsequent special or general 
ordinance which does not repeal the former in express terms will operate to affect 
it, and the first ordinance remains unrepealed: Lamoine vs. St. Louis, 72 Mo. 
404, 1. ec. 406. Hence a general ordinance imposing a license of $100 not in express 
terms repealing a prior general ordinance imposing a license of $50 for the same 
purpose is invalid, and remains so until the first is expressly repealed: St. Louis 


vs. Sanguinet, 49 Mo. 581. 


It is manifest that since the General Assembly’s enactments are paramount to 
those of the Municipal Assembly, any ordinance in conflict with a prior or subse- 
quent statute is to that extent simply void, independently of any question of 
express or implied repeal: See authorities and discussion in general note intro- 
ductory to Art. III, sec. 26. These charter and ordinance provisions as to re- 
peals do not, of course, apply to statutes. 


As to repeal of an ordinance or part thereof not reviving a former ordinance 
repealed see R. C. sec. 1401. In State vs. De Bar, 58 Mo. 395, it was held that 
where a charter provision operated to exclude a state provision on the same 
subject, within the city, a repeal of the charter provision did not revive the 
statutory provision as to the city: see also State vs. Lewis, 5 Mo. App. 465. 
Where a charter provision is enacted which renders certain parts of an ordinance 
theretofore passed in conflict with the new provision, the ordinance will be super- 
seded only to the extent of the conflict, if that does not impair the remainder: 
Quinette vs. St. Louis, 76 Mo. 402. As to partial validity of ordinances see note 
to Charter, Art. III, sec. 12, and cases there cited. 


See. 29. Revision of general ordinances.—There shall be a revision 


of the general ordinances of the city once in every five years, to be provided 


for by ordinance. 


had 


Effect of Revision. 


The revision of the ordinances does not have the effect of ‘preaking the con- 
tinuity of those provisions in force prior to the revision and carried into it, but 
only to continue their existence: St. Louis vs. Foster, 52 Mo. 518, 516; St. Louis 
vs. Alexander, 23 Mo. 483, 509. 


The provision of the Charter (now Art. XV, sec. 2) that every ordinance passed 
shall be published in the papers doing the city printing within five days after its 
approval, does not apply to a revising ordinance: St. Louis vs. Foster, 52 Mo. 
ea haya ale arene say. i 


That the official revision purporting to contain the ordinances is admissiblé in 
evidence without more, to prove the ordinance provisions therein contained, see 
authorities and reference found in note to Charter, Art. III, sec. 12. 


And by Rev. Code, sec. 1414, it is provided that a reference to this “Revised Code 
of St. Louis” by section number is a sufficient designation of any ordinance 
therein contained to which reference is desired. 


But it is to be observed that even in case of the revision of the State statutes it 
may be shown that a provision has been illegally carried into the official vol- 
umes, and the court may inform itself concerning the existence of a statute 
which is challenged by examining the original rolls in the office of the Secretary 
of State: Bowen vs. Ry., 118 Mo. 541. 


Special and General Ordinances. 


These are thus distinguished by Mr. McQunillin (see Mun. Code, p. 224; also McQ. 
unofficial work ‘Amend. Chart.” p. 230): Allordinances of a general nature hav- 


oe 


ART. III, Sec. 30.) CHARTER OF THE CITY OF ST. LOUIS. 341 


* 
ing an obligatory force on the community and upon the administration of the 


municipal government are denominated general. Those granting franchises, 
special privileges, as the making of excavations, ete., to persons or corporations, 
providing for public work or improvement, to establish sewer districts, the con- 
struction of sewers, streets and sidewalks, to fix the grade of streets, to authorize 
the city to borrow money, to authorize officials to do certain things, as the leas- 
ing of property, laying of water distribution pipes, ete., are usually special.” 


Function of Revision. 


A general revision of the ordinances, such as is provided for by this section of 
the charter, is in form but a single ordinance, adopted by the assembly as any 
other ordinance. The present Revised Code, (which covers only. general 
ordinances) is ordinance 22902, approved March 19, 1907. It is believed 
that the charter provision that no ordinance shall contain more than 
one subject “which shall be clearly expressed in the title’ applies to 
a revising ordinance; the provision for notifying the public of ordi- 
nances passed, within five days thereafter, by publication, does not apply 
(St. Louis vs. Foster, supra); and for these technical reasons, (and others 
more potent which suggest themselves when we consider the practical situation, 
requiring a comparatively hasty examination and adoption by the municipal as- 
sembly of a reviser’s voluminous work, which would make it almost impossible to 
notice the changes) it is believed that it was not intended that new ordinances, 
not enacted in the usual manner, should be included in a revision for the first 
time as a part thereof, nor that any of the existing live ordinances should be 
repealed by simple omission from the revision, although the ordinance providing 
for the revision enacts that “all ordinances in conflict therewith shall be re- 
pealed.’ The principal object of a revision is to put the existing ordinances in 
accessible form; chiefly by eliminating those repealed, inserting new ordinances 
enacted since the former revisions or improperly omitted therefrom, indexing 
same, inserting head-lines, ete., and other matters of form. The revision of the 
revised statutes of the State is not based upon the same procedure and the func- 
tion of the revision thereof every ten years furnishes no safe guide to the effect 
of a revision of the ordinances. Changes in substance involve legislative dis- 
cretion and deliberation in the Municipal Assembly, which cannot be accorded 
by it to each of the voluminous general ordinances submitted in bulk by a reviser. 
Hence in this and the preceding revision numerous changes were suggested to the 
Municipal Assembly for adoption, in a preliminary report by the reviser, many 
of which were adopted in time to be noticed herein, others of which were not 
adopted. The ordinance authorizing the present revision is ord. No. 22046, which 
requires in addition to the ordinance revision a collation of state laws specially 
applicable to the City of St. Louis, and annotation thereof as well as of the 
charter and ordinances . 


General Revisions of St. Louis Ordinances. 


The revisions of the ordinances of St. Louis prior to the Scheme and Charter 
were as follows: By Wilson Primm in 1835-6; A. B. Chambers in 18438; Chas. D. 
Drake in 1846: Jno. M. Krum in 1850; S. V. Papin, city: register, in 1853; Thos. C. 
Chester in 1856; Chas. H. Tillson in 1861; J. Gabriel Woerner in 1866; EK. W. Patti- 
son in 1871. After the present Charter by M. J. Sullivan in 1881 (ord. 11668); by 
same in 1887 (ord. 14000); by Chester H. Krum (ord. 17188); by Eugene McQuillin 
in 1900 (ord. 19991, officially designated ‘Municipal Code of St. Louis’’); and the 
present revision, in 1906, (being ordinance No. 22902, approved March 19, 1907, of- 
ficially designated the “Revised Code of St. Louis’’). 


Sec. 30. Remission of taxes—donations—exemption from 
burdens, and compromise of claims, forbidden.—The Assembly shall 
not have power to relieve any citizen from the payment of any lawful tax, or to 
exempt him from any burden imposed upon him by law, or ordain the payment 
of any demand not authorized and audited according to law, nor shall the As- 
sembly have power to ordain or authorize the compromise of any disputed 
demand, or any allowance therefor or therein, except as provided in the 
contract therefor, or the payment of any damages claimed for alleged in- 
juries to person or property, except by ordinance and adopted by a vote of 
two-thirds of the members of each house taken by yeas and nays. 


Power of Comptroller to correct manifest errors in tax assessments: see Char- 
ter, Art. V, sec. 28. Charter provision prohibiting appropriations for charitable 
purposes: Art. III, sec. 33. ; 


342 CHARTHR: OF TRH Beri yY Ouest ee @ tans [ART. IiI, Sec. 31-32. 


The exception in sec. 30, Art. III, requiring a two-thirds vote, added at the end 
of the section, applies to the whole section and not only the last clause thereof: 
State ex rel. vs. St. Louis, 174 Mo. 125, 135 .e¢ seg. giving a history of the section. 
Hence it is held that the city is not prohibited from reimbursing a police officer 
who, when ordered to shoot a mad bull in the streets, wounded a boy, resulting 
in the officer’s being compelled to pay damages therefor: State ex rel. vs. St. 
Louis, 174 Mo. 125. 


The city is not prevented from purchasing water pipe layed by private citizens 
and making it a part of the city system, by a proper ordinance, although it is 
styled as a relief ordinance: State ex rel. vs. St. Louis, 169 Mov 31,37: 


But an ordinance making a donation of public money to a private institution or 
to an individual, is void as beyond the power of the Municipal Assembly: Hitch- 
ings vs. St. Louis, 49 Mo. 484; Campbell vs. St. Louis, 71 Mo. 106, 109, 111. See also 
Knapp vs. Kansas City, 48 Mo. App. 485, and citation of authorities. 


Sec. 31. Power to compel attendance of witnesses.—The Assem- 
bly or either house, shall have power to compel the attendance of witnesses, 
and the production of papers relating to any subject under consideration, 
and in which the interests of the city are involved, and shall have power to 
call upon any proper officer of the City of St. Louis to execute such process. 
The President of the Council and Speaker of the House, and the chairman’ 
of any committee of either house, shall have authority to administer oaths 
to witnesses. 


See ordinance provisions Rey. Code, sec. 1392-1395. See discussion in In re Con- 
rades, 185 Mo. 411, in which, however, it was held that the above charter provision 
was not applicable to compel attendance and submission of books and papers, 
where a.committee of the House of Delegates is only authorized to “carefully 
and fully investigate the books, records and accounts in the several departments 
wherein returns are made of taxes. .. . . and to subpoena witnesses and 
to send for persons and papers and to administer oaths;’’ and the court released 
by habeas corpus one who was sought to be punished for contempt in refusing 
to obey such committee’s orders to produce books and papers. 


The court in this case reversed the: majority of the court of appeals in the same 
case (112 Mo. App. 21) which had held Conrades for contempt; see full discussion 
of authorities in the majority and dissenting opinions. In the case of In re 
Dunn, 9 Mo. App. 255, it is held that under this section an ordinance empowering 
a committee of either house to send for witnesses and to compel the production 
of books and papers, is not unconstitutional as an assumption of judicial power; 
and that either house may punish for contempt any witness who refuses to pro- 
duce books material to a pending inquiry and properly called for in a _  sudpoena 
duces tecum. 


Sec. 32. Power to distribute duties and abrogate offices.—The 
Assembly shall have the power, by a vote of three-fourths of the members 
of each house, to transfer and distribute the powers and duties, in part or 
in whole, of any office provided for in this Charter to another, or others, 
and in such case the performance of the powers or duties added to those of 
any office shall not entitle its officer to additional compensation, and in 
case the entire powers and duties of an office be so transferred and distrib- 
uted, the compensation of the holder of such office shall cease, and he shall 
no longer be the officer thereof. 


Power to create offices by two-thirds vote: see Charter, Art. 1V, sec. 45; power 
to define, change, increase or diminish duties: see Charter Art. IV, sec. 28; as to 
salaries see note to Art. XVI, sec. 17. 


The assembly may repeal an ordinance creating an office and thereupon the of- 
fice is abolished and the term of the incumbent ended, together with the right to 
the salary; the power to enact an ordinance is the power to repeal it: Magner 
vs. St. Louis, 179 Mo. 495; State ex rel. vs. Longfellow, 95 Mo. App. 660, 665; 
Primm vs. Carondelet, 23 Mo. 22. 


The duties which were by Art. XI, sec. 5, cast upon the Chief of the Fire De- 
partment were transferred’to the Building Commissioner, under this section of 
the Charter: see Rev. Code, sec. 27. 


ART. III, Sec. 33-35. } CHARTER OF THE CITY OF ST. LOUIS. 343 


Sec. 33. Appropriations for charitable purposes.—The Assembly 
shall not appropriate any money for charitable purposes, except such as 
shall be subject to its own supervision and administration, under a system 
of suitable arrangements to be established, whereby the partakers of the 
charity shall respectively earn what they receive to the extent of their 
ability. 

See as to power of city to appropriate moneys for donations, ete., discussion 
and cases cited in note to sec. 30 of this article, supra. 


Sec. 34. Restrictions as to quarries, ete.—No stone quarry shall 
be opened, or brick-kiln located, or soap factory, slaughter house, bone or 
rendering factory erected within the distance of 300 feet of any dwelling 
house built and inhabited before such opening, location or erection, without 
the consent, in writing, of the owner and of the occupant of every such 


house. The Assembly shall provide, by ordinance, for the effectual enforce- 
ment of this act. 


Power to regulate stone-quarries, brick-kilns, soap factory, slaughter house, 
bone or rendering factory, ete. see Charter, Art. III, sec... 26, clause 6. 


As to ordinances respecting the subjects mentioned in this section (quarries, 
Kilns, slaughter houses, soap and rendering factories, etc.) see Rev. Code, secs. 
624, 625, 600-605. And see notes of authorities as to the validity of such ordi- 
nances appended to secs. 624, and in general note to “nuisances” in R. C., chap. 
11, art. 12 (preceding sec. 584). 


An ordinance providing no quarry shall be operated within 300 feet of a resi- 
dence without the written consent of the occupant was upheld in St. Louis vs. 
Frein, 9 Mo. App. 590. (memorandum opin.) 


Sec. 35. Restrictions as to cholera patients, ete.—No person, asso- 
ciation or corporation shall knowingly receive for medical treatment of the 
invalid or sick, any patient sick with small-pox, plague, or cholera, unless 
authorized by an ordinance therefor. Every violation of this section shall 
be punished by a fine not less than one hundred dollars, nor more than 
three hundred dollars, to be collected as shall be provided for by ordinance. 


As to infectious diseases in charge of health commissioner and his and Mayor’s 
powers in case of epidemics see Charter, Art. XI, secs. 4 and 8. 


Regulations and powers as to contagious diseases see Rev. Code, secs. 792-818. 
Quarantine and power to prevent spread of infectious diseases: Charter, Art. III, 
sec. 26, clause 6. 


344 


CHARTER OF THE CITY OF ST. LOUIS. 


[ART. IV, Sec. 1. 


ARTICLE IV. 


EXECUTIVE AND ADMINISTRATIVE DEPARTMENT. 


SECTION 


ay 
2. 


. Board of Public Improvements, 


Elective officers and their terms. 

Appointive officers and their terms; 
first appointments under Charter to 
be for two years. 

how 

constituted. 


4. Gas Commissioner; bonds of officers. 


LG: 


aly 


12. 
13. 
14. 
15. 
16. 
17. 
18. 


19. 
20. 


21. 
22. 
23. 
24. 
25. 


26. 


ots 


duly elected and qualified, viz: 


. Suspension and removal of officers. 
. Suspension of 


elective officers by 
Mayor; action of Council thereon. 


Removal of appointive officers and fill- 
ing of vacancies. 

Appointed officers removed by Coun- 
cil; Mayor to fill vacancies. 


Appointments by Mayor to be con- 
firmed by Council; Council may elect 
officers, when. 

Qualifications of elected and appointed 
officers. 

Officers to devote their entire time to 
official duties; hours for municipal 
business. 

Removal of elected officers by Coun- 
cil; removal of Mayor. 


Vacancies in elective offices, how 
filled. 
Deputies and assistants; power of 


Mayor to remove same; offices to be 
in City Hall. 


Qualifications of Mayor. 


Duties of the Mayor; may remit fines, 
etc.; may appoint examiners. 


Absence of Mayor, how provided for. 
Special sessions of Municipal Assembly. 
Officers to reside within the city. 


Duties of Comptroller; 
ete. 


official bond, 
Duties of Auditor; official bond, ete. 

Duties of Treasurer; official bond, etc. 
Duties of Register; official bond, etc. 
Duties of Collector; official bond, ete. 


Police 
tion 


Justices; 
of. 


powers and jurisdic- 


Police Justices; to be conservators of 
the peace, etc.; Justices of the Peace 
to have concurrent jurisdiction in 
certain cases. 


Municipal Assembly may increase num- 
ber of Police Justices and establish 
judicial districts; courts of Police 
Justices, where held. 


39. 


| 41. 


SECTION 

28. Municipal Assembly to define duties of 
city officers. 

29. Commissioner of Supplies; his duties, 
etc.; contracts to be affirmed by 
Mayor. 

30. Inspector of Weights and Measures; 
duties, ete. 

31. City Marshal; duties, ete. 

32. City Counselor; duties, ete. 

33. Board of Public Improvements; meet- 
ings; duties of. 

34. Members of Board to be heads of de- 
partments. 

35. Street Commissioner; duties, ete. 

36. Sewer Commissioner; duties, ete. 

37. Water Commissioner; duties, etc. 

38. Harbor and Wharf Commissioner; 
duties, ete. 

Park Commissioner; duties, ete. 
40. Gas Commissioner; duties, ete. 
President of Board of Improvements to 
have supervision over other Com- 
missioners, and authenticate special 
tax bills. 

42. Assembly may provide additional duties 
for Board. 

43. Oath for city officers; bond of same; 
the term officers defined; officers 
failing to pay over money shall for- 
feit their offices, ete. 

44. Mayor to settle disputes between of- 
ficers. 

45. Power of Assembly to create offices. 
46. Mayor to enforce contracts; officers to 
report violations of contract. 

47. Chiefs of departments to report annu- 
ally to Mayor and quarterly to 
Comptroller; books, papers, etc., to 
be open to inspection by members 
of Assembly, Mayor and Comptroller; 
Mayor to submit all reports to As- 
sembly. 

48. Reports of Comptroller, Auditor, Treas- 
urer, Collector, City Marshal, and 
Board of Public Improvements. - 

49. Commissioners on Charitable Institu- 
tions; their duties and powers; may 
remove officers of institutions. 

50. Commissioners on Charitable Institu- 


tions to meet monthly at City Hall 
and visit institutions monthly; may 
recommend ordinances to Assembly; 
shall receive no compensation. 


Section 1. Elective officers and their terms.—The following named 
city officers shall be elected by the qualified voters of the city, and shall 
hold their office for a term of four years, and until their successors shall be 


A Mayor, Comptroller, Auditor, Treasurer, 


ART. IV., Sec. 2-4.] CHARTER OF THE CITY OF ST. LOUIS. 345 


Register, Collector, Recorder of Deeds, Inspector of Weights and Measures, 
Sheriff, Coroner, Marshal, Public Administrator, President. of Board of 
Assessors, and the President of the Board of Public Improvements. 


For ordinance provisions on appointment, qualification and duties of city of- 
ficers, see Rev. Code, Chapter 20, Art. 1. 


City elections are held under general election law: See note to Charter Art. II. 
See also Scheme, sec. 5, as to elections. The term of Sheriff and Coroner is two 
years (not four, as provided in the Charter), by reason of the Constitutional 
mandate, Art. IX, see. 10, until the constitutional amendment of 1906 becomes 
effective in 1908, when it will be four years. See as to interpretation of con- 
stitutional provisions relating to Sheriff, discussion in State ex rel. vs. Bus, 
135 Mo. 325, 336-337, referring also to this section of the Charter. These officers 
are elected at the State election, and were eligible only four years in any period 
of six, (ib.) As to License Collector: Laws 1901, pp. 80-82; “The Mayor, Comp- 
‘troller, Auditor, Treasurer, Register, Collector, Inspector of Weights and Measures, 
Marshal, President Board of Assessors and Board Public Improvements are elected 
for a term of four years, at the municipal election on first Tuesday of April; 
also the President of the Council and half of the councilmen (six); and for two 
years each member of the House of Delegates, one from each ward (28). At 
the municipal election held every two years after the election of the city officers, 
the members of the House are elected for two years and the other six Council- 
men for four years. The Recorder of Deeds and Public Administrator are elected 
for a term of four years at the general State election,” etce.: (McQuillin’s Note to 
MCE apo cna. ds) 


Sec. 2. Appointive officers and their terms—first appoint- 
ments under Charter to be for two years. —The Mayor shall appoint the 
following officers, who shall hold their office for four years, and until their sue- 
cessors shall have been duly appointed and qualified, to-wit: A City Counselor, 
such District Assessors as may be provided by ordinance, Superintendent 
of Workhouse, Superintendent of House of Refuge, Superintendent of Fire 
and Police Telegraph, Commissioner of Supplies, Assessor of Water Rates, 
two Police Justices, Attorney, Jailer, and five Commissioners on Charitable 
Institutions: Provided, however, that the first appointments under this 
Charter shall be for two years only, so that the appointments made there- 
after, shall be made at the beginning of the third year of the Mayor’s term. 


All terms of office are limited by the Constitution not to exceed four years: 
Art. IX, sec. 14; Art. XIV, sec. 8 But these provisions do not apply to an officer 
holding at pleasure of appointing power and not for a definite term: State 
ex rel. vs. Johnson, 123 Mo. 48, 49. 


As to the effect of the provision “and until their successors shall have been 
duly appointed and qualified” see State ex rel. vs. Smith, 87 Mo. 158; State ex rel. 
vs. Thomas, 102 Mo. 85. Similar provision in see. 10 of this article. 


Ordinances on when Mayor is to send in his nominations of officers to the 
council see R. C., sec. 1685; as to enumeration of officers to be appointed by 
the Mayor see Rev. Code, secs. 1509-1511. 


When appointment may be implied: See note to R. C., sec. 1686. 


Sec. 3. Board of Public Improvements, how constituted.—He 
shall also appoint five commissioners, who shall be known as Street Com- 
missioner, Sewer Commissioner, Water Commissioner, Harbor and Wharf 
Commissioner, and Park Commissioner, who, with the president thereof, 
shall constitute the Board of Public Improvements. 


Sec. 4. Gas Commissioner.—In case the city at any time become the 
owner of any gas works, then there shall be added to the commissioners 
before named, a Gas Commissioner. 


346 CHARTER OF THE CITY* OF 8ST. LOUIS. [ART. IV, Sec. 5. 


Bonds of officers. officers shall give such a bond for the faith- 
ful performance of their ation as the Municipal Assembly shall ordain ; 
said bonds shall be approved by the Mayor and Council. 


As to giving bond by the municipal officers, and effect of failure so to do, and 
suit for breach thereof, see Charter, Art. IV, sec 43 and cases there cited. 


As to ordinances on bonds and their approval, etc., see Rev. Code, secs. 1676- 
1684; also sec. 1506; (Constables, sec. 1678.) 


Sec. 5. Suspension and removal of officers.—Any elected city 
officer may be suspended by the Mayor, and removed by the Council for 
cause; and any appointed officer may be removed by the Mayor or Council 
for cause. In either case the Mayor shall, temporarily, fill the vacancy, 
except as hereinafter, provided. 


For ordinance provisions relating to suspension and removal of officers, causes, 
procedure, filling vacancies, etc., see Rev. Code, Ch. 20, Art. 2, secs. 1691-1706; 
for removal of Mayor, R. C., sec. 1512. As to filling vacancies in appointive 
officers removed by Mayor or council see in addition to above Charter provision 
(sec. 5) Rev. Code, secs. 1703-1704; filling vacancies by Mayor where appointive 
officer removed by council, ete., see Charter, Art. IV, sec. 8; R. CG. sec. 1704. 
Filling vacaney in elective offices see Charter, Art. IV, sec. 6; also sec. 18 and 
note; R. C., sec. 1689, filling temporary vacancy caused by suspension see also 
Re Ce Secs 694: 


Filling vacancy in Municipal Assembly see Charter, Art. III, sec. 7. 
As to removals by Commissioners of Charitable Institutions see Charter, Art. 
IV, sec. 49 and note thereto; also Rev. Code, sec. 1720. 


The state statute (Rev. St. 1899, sec. 2346) provides that if any city officer 
becomes. interested in any ‘city contract, ete., he is guilty of a misdemeanor, 
and if appointive he shall be dismissed by the Mayor, if elective the Mayor 
shall suspend such official, report to the council, which shall try him and by 
two-thirds vote dismiss him: State vs. Kelly, 103 Mo. App. 711, 714. 


An office is vacant in legal intendment for all purposes of election and appoint- 
ment when the term has expired, as in case of death, resignation or removal, 
and also where the incumbent is a locum tenens or holdover holding until his 
suecessor be appointed or elected and qualified, provided provision is made by 
law for filling the office by appointment or election: State ex rel. vs. Thomas, 
102 Mo. 85, overruling State vs. Lusk, 18 Mo. 333 and following State vs. Seay, 
64 Mo. 88 (holding a vacancy occurs where one dies after election and before 
commencement of term), and State ex rel. vs. Stonestreet supra; but for pur- 
poses of salary, and continuing the office so that there is no vacancy in the 
functions thereof a different rule applies. See for instance State ex rel. vs. 
Smith, 87 Mo. 158. 


The word “officer” in this section (Charter, sec. 5, Art. 1V) means such as is 
referred to in the Charter. An inspector of buildings is not an officer within 
the meaning of this section: Magner vs. St. Louis, 179 Mo. 495, 502; State ex rel. 
vs. Longfellow, 95 Mo. App. 660. 


As to who is an “officer’’ see note to Chart., Art. IV, sec. 43 and cases there 
cited. 


Right to salary of suspended or removed officer is discussed in the note to 
Art. XVI, sec. 17; see also oridnance, sec. 1705 of R. C. 


Power to remove ordinarily includes power to suspend: Blackwell vs. Thayer, 
101 Mo. App. 661; State ex rel. vs. Lingo, 26 Mo. 496, 499 (under St. Louis ordi- 
nance-and Charter). 


“The power to amove a corporate officer from his office, for reasonable and 
just cause, is one of the common law incidents of all corporations. Be 
For the reason of the thing, from the nature of corporations, and for the sake 
of order and government, the power is incidental:”’ State ex rel. vs. Walbridge, 
119 Mo. 1. ec. 394, quoting from Dillon. 


And the power to remove for cause is authorized by the general welfare clause 
of the Gharter:e 7/5), pa ove. 


ART. IV, Sec. 6. ] CHARTER OF TH CITY OF SF. LOUIS. 347 


An appointment for a definite term implies that the incumbent cannot be re- 
moved except for cause designated by law, per Reyburn, J., in Horstmann vs. 
Adamson, 101 Mo. App. 119, 124; State ex re’. vs.. Brown, 57 Mo. App. 1. c. 204. 


And a right to remove only for cause implies that there must be reasonable 
notice, and specifications of the charges made, and an opportunity to be heard 
by the one sought to be removed, and this even where there is no express 
provision to that effect since this is implied as intended: State ex rel. vs. 
Walbridge, 119 Mo. 383,°394-395; State ex rel. vs. St. Louis, 90 Mo. 19; State 
ex rel. vs, Walbridge, 62 Mo. App. 162, 164; State ex rel. vs. Brown, 57 Mo. 
App. 199. 


In such case, where neither the Charter nor ordinances make any provision for 
the means Whereby the amotion or removal of an appointive officer is to be 
effected, vet if the grant of power is given, all the means necessary to effectuate 
the power pass as incidents of the grant: State ex rel. vs. Walbridge, 119 Mo. 
383, 394, 396. (“The Mayor has all the power necessary to carry into effect the 
authority granted by the Charter.’’) 


The record of the proceedings of the Mayor in exercising power of removal 
vested in him by Charter, should show, in case of an appointive officer, that 
charges sufficient in law were preferred against him, that due notice was given, 
and a trial had whereat he was permitted to be heard, and an order of re- 
moval for cause entered: State ex rel. vs. Walbridge, 62 Mo. App. 1. c. 164-165. 


An attempted removal which is unlawful will not prevent the incumbent from 
recovering his salary by mandamus: See authorities in note to Chart., Art. 
XV SEC. RL: 


Where the Charter permits removal “for cause’ but does not specify what 
causes are sufficient, the question of what cause is sufficient is a judicial one to be 
determined by the court from the circumstances in each case; what would 
be cause as to one office might not be as to another office: State ex rel. vs. 
Watbridse 69m MoOnrA DD. 1607.) 1: oC. 66.9% 


A general allegation of misconduct in office is too vague and indefinite; the 
specific acts complained of should be stated in the record of the tribunal trying 
the officer, in order that it might appear, as a matter of law, that it has juris- 
diction of the alleged offense; the proceeding is summary, and the record should 
be precise; no intendments can be indulged as to the jurisdiction and regularity 
of the proceedings: State ex rel. vs. Lupton, 64 Mo., 415, 417. 


But where the law conferring the authority to make the appointment is silent 
as to the right of removal, and there is no limitation as to the tenure, the 
right to appoint carries with it the absolute right to remove, without notice, 
‘and at pleasure: Horstmann vs. Adamson, 101 Mo. App. 119, 125, citing a number 
of authorities on the point, state and federal; State ex rel. vs. Johnson, 123 Mo. 
dia, DU See also shurntlef® vs, Us S.,.1899U. Si 311, 304. 


And an officer holding over after the expiration of his term, who is a mere 
locum tenens until his successor is appointed, may be removed at pleasure by 
the appointing power at any time without notice or cause: State ex rel. Rife 
vs. Hawes, 177 Mo. 360, and cases cited; State ex rel. vs. Stonestreet, 99 Mo. 377 
(holding also that in making subsequent appointments the executive cannot dis- 
regard the term as fixed by law, but can fill only the unexpired portion of the 
term as it would be if there had been no holding over). 


Neither above Charter provision (Art. IV, sec. 5) nor ordinance provisions (now 
Rk. C. 1691 é¢t seq.) were repealed by the state statute providing for the removal] 
of any state, county or city officer guilty of willful and corrupt neglect of 
official duty and for trial by jury if demanded: State ex rel. vs. Walbridge, 119 
Mo. 383. 


Sec. 6. Suspension of elective officers by Mayor—action of 
Council thereon.— Whenever the Mayor shall suspend any elected officer, he 
shall immediately notify the Council of such suspension, and the causes therefor. 


348 CHARTER OF THE: CITY OF ST. LOUIS. [ART. IV, Sec. 7 10. 


If the Council be not in session, then he shall immediately call a session of 
the same in such manner as shall be provided by ordinance. The Mayor 
shall present charges against such suspended officer to the Council, and 
furnish a copy of the same to said officer, who shall have the right to ap- 
pear with a legal adviser before the Council for his defense. If a majority 
of all the members elected shall, by resolution, sanction the action of the 
Mayor, then the suspended officer shall thereby be removed from office and 
a new election shall be ordered to fill the vacancy; but if a majority dis- 
agree with the Mayor, then he shall be immediately reinstated. 


Suspension and removal of elective officer by Mayor and filling vacancy: See 
also in addition.to this section (sec. 6) preceding section (5) and note thereto 
appended; also ord. R. C., sec. 1695 ef seg; Charter, sec. 13 of this article. As 
to removal by council see infra sec. 12; Rev. Code, sec. 1704. 


Sec. 7. Removal of appointive officers and filling of vacancies. 
—Whenever the Mayor shall remove any appointed officer from office, he 
shall immediately notify the Council of such removal and the causes there- 
for, and said Council shall fill the vacancy by electing a suitable person to 
fill the place. If the Council be not in session, the Mayor shall temporarily 
fill the vacancy, and shall report the fact of the removal at the next session 
of the Council. The Mayor shall have the same power of removing an officer 
so elected as if he had been appointed by the Mayor. 


See note to sec. 5 of Art. IV, supra. 


Sec. 8. Appointive officers removed by Council—Mayor to fill 
vacancies.—All officers appointed by the Mayor shall be subject to removal 
by a majority of the elected members of, the Council, but if so removed, the 
Mayor shall fill the vacancy by another person, and no confirmation of the 
Council shall be required. Whenever the removal of any officer by the 
Council be proposed, and the same is not in session, the President thereof 
shall, upon a request in writing of five of its members, call a session thereof 
for the consideration of such removal. 


Bee notes to preceding sections; Rev. Code, sec. 1704. 


Sec. 9. Appointments by Mayor to be confirmed by Council— 
Council may elect officers—when.— All appointments made by the Mayor 
shall require the confirmation of a majority of the members of the Council. If 
the Council shall refuse to confirm the appointment of the Mayor, then he 
shall, within ten days thereafter, nominate another person to fill the office, 
and he may continue to nominate until his nominees are confirmed. If the 
Mayor fails to make another nomination within ten days from the rejection 
of a nomination, then the Council shall elect a suitable person to fill the 
office during the term. 


See R. C., sec. 1685. 


An ordinance which required in addition to the approval by the council that 
the city chemist shall receive the approval of the board of health, even if such 
addition be unauthorized, does not render void the appointment in accordance 
therewith, as the greater includes the lesser requirement: St. Louis vs..Liessing, 
190 Mo. 464, 491. 


See. 10. Qualifications of elected and appointed officers.—All 
elected and appointed officers shall possess the following qualifications: They 


ART. IV, Sec. 10.] CHARTER OF THE CITY OF ST. LOUIS. 349 


shall have been citizens of the United States and of the City of St. Louis 
for at least two years previous to their election or appointment, and shall 
be able to read and write the English language. They shall not at the time 
of their election be in arrear to the city for taxes, or indebted to the city 
in any way. They shall not be interested either directly or indirectly in 
any contract with the city, either for work to be performed or supplies to 
be furnished. They, excepting the Commissioners on Charitable Institu- 
‘tions, shall not hold any State or Federal office, and shall hold their offices 
until their successors are duly qualified. 


General qualifications of city officers as required by ordinance: See R. C., sec. 
1673. By Const., Art. IX, sec. 18, no person can be both state and city officer 
or fill two municipal offices (excepting from its operation, notaries, justices of 
the peace and militia). A member of the General Assembly cannot be appointed 
to a municipal office: State ex rel. vs. Valle, 41 Mo. 29: But there is no consti- 
tutional inhibition against a sheriff or deputy sheriff (who is not a state officer 
within the meaning of this section) from also holding the office of school di- 
rector: State ex rel. vs. Bus, 135 Mo, 325, with discussion of the various pro- 
visions and citation of cases construing same. 


Free passes on railroads operate to forfeit office: Const., Art. XII, sec. 24. 


As to qualifications of municipal assemblymen see Charter, Art. III, secs. 6 and 
10 and note. 


A collector or receiver of public money or an assistant or deputy is ineligible 
to office until he has paid over the public money he may be accountable for: 
WOUST Atte lL, pSeCr ho) 


Residence and citizenship: “No person shall be elected or appointed to any 
office in this state, civil or military, who is not a citizen of the U. S. and 
who shall not have resided in this State one year next preceding,” etc. 
MOIS tlmeAT LaeViILLLeeSeG. ules Scemebarcilays oad: ein otateu Gx ants “vs. Vallins;4 140 
DV Ooe lon Ce Dio.L,2 See as to residence in city. being necessary qualification, 
Charter, Art. IV, sec. 19. For a case where it was held that one elected was not 
entitled to office because under the facts in evidence he was not a citizen of the 
Wii SOLES MOIS as, required. by Charter, Art. -lV.e Sec. 10; see,-State ex rel. vs: 
Williams, 99-Mo. 291. 


Payment of taxes on the day of election is in time to avoid ineligibility: State 
ex inf. vs. Berkeley, 140 Mo. 184. A receipt for taxes made the day after an 
election without specifying amount or property, is worthless as evidence to show 
payment of taxes: State ex rel. vs. Williams, 99 Mo. 291. 


Officers not to be interested in city contracts. The provisions of this section 
of the Charter do not apply to an election commissioner in the City of St. Louis, 
who comes neither within the letter nor spirit of the prohibition: State ex rel. 
vs. Meier, 96 Mo. App. 160. 


Rev. St. 1899, sec. 2346, provide that a city officer who becomes interested in a 

. city contract is guilty of a misdemeanor and subject to removal: State vs. 

LOLLye cae Oo De Moly 4 SO MD yah arrer me ATL. x VilLy sece Vie See, also, as’ to 
validity- of city contracts, note to sec. 7 of Article XVI of Charter. 


For authorities on analogous points, and those of other states see discussion 
in McQuil. unofficial work on ‘‘Amended Charter,” pp. 244-246; also in M. C., 
p. 230. The principle is the same as that which prevents a trustee or admin- 
istrator in dealing with himself in the trust funds: See Dillon Mun. Corp., sec. 
444 (4th Ed.); Woerner on Administration (2nd Ed.) sec. 334 p. *700 et seq.; 
76, sec. 487, p. *1082 -ef seg. 


In view of the provisions of the Constitution, statutes, Charter and common 
law, there is little doubt that contracts by the city, with a city official, or with 
a firm or corporation in which a city official is interested, are void, and recovery 
thereon cannot be had against the city; it was so held in an opinion by City 
Counselor Bates, reviewing the authorities and legal provisions applicable in 
an opinion dated June 9, 1902 (number 534 of Law Dept. files). Amongst the 
cases cited by him are: Berka vs. Woodward, 125 Cal. 199 (45 L. R. A. 420); 
Sea eoist ep, (Olin State Ve. -Alaerman’, 64° Noes be 390; Call “Pub? Co. vs. 


350 INDEX TO STATE LAWS FOR'ST. LOUIS. [ART. IV. Sec. 11-13. 


Lincoln, 29 Neb. 149; Gas Co. vs. City, 28 Neb. 852; Bellaire Co. vs. Findlay, 5 Oh. 
CU iC. 418:" Bell. vs; Quinn, 2 Sandi. 146-.Currie tvs. cchoolebistrict. ob Ming. Loo: 
Findlay vs. Pertz, 66 Fed. 427 (29 L. R. A. 188); Borough of Milford vs. Water 
Co., 124 Pa. St. 610; People vs. Township, 11 Mich. 222; Pickett vs. School Dis- 
trict, 25 Wis. 551; Fort Wayne .vs. Rosenthal, 75 Ind. 156;. Smith vs. Albany, 
61 -N; 2a, 44435 “State: vs. Water Cos b60INi os ion eco ee erlo Chavis. eV lllae CuO L 
Winnetka. “68 Ili. 530°> McAdanY vs) Alderman, (3 6.Hin | ONe SYo)no+ 0a ora cenavs: 
Richards, 28 L. R. A. 298 (Montana). 


Sec. 11. Officers to devote their entire time to official duties— 
hours for municipal business.—Any city officer, excepting the Mayor and 
Commissioners on Charitable Institutions, who shall, except when absent 
from the city, fail to devote his entire time during business hours to the 
duties of his office, shall be removed or suspended by the Mayor or Council. 
All city offices shall be kept open from eight o’clock a. m. to six o'clock 
p.m. from ist of April to Ist of October, and from nine o’clock a. m. to 
five o’clock p. m. from 1st of October to Ist of April. 


“No person elected or appointed to any office or employment of trust or profit 
under the laws of this state, or any ordinance of any municipality in this state, 
shall hold such office without personally devoting his time to the performance 
of the duties to the same belonging”: Const., Art. II, sec. 18. 


By Laws Mo. 1903, p. 93, amending R. S. 1899, sec. 6247, it is made the duty 
of heads of departments of cities of over 300,000, etc., where there are deputies, 
assistants or clerks to close the doors of said office at 12 o’clock on Saturdays, 
except when the necessities of the service require them to work; and the pro- 
vision does not apply to fire and police forces. (See Laws Spec. Appl. to St. 
Louis, ante p. 160, sec. 349, Chap. 12m 


As to leave of absence see Rev. Code, sec. 1688. 


No deduction from the legal salary can be made because an officer does not 
devote his time to his official duties: Bates vs. St. Louis, 153 Mo. 18 (see as to 
right to salary note to Art. XVI, sec. 17). 


Sec. 12. Removal of elected officers by Council—removal of 
Mayor. Any elected city officer may be removed from office by a two-thirds 
vote of all the members of the Council, notice thereof and an opportunity to be 
heard by, counsel being given to said officer. In case the Mayor shall be 
removed from office, then the President of the Council shall act as Mayor 
until a Mayor is elected. Whenever any city officer shall be removed from 
office by the Council the veas and nays shall be recorded on the journal of 
that body. 


4 2 * Awae : Pde 3 . 
See discussion and authorities in note to sec. 5 of this article. See same sec- 
tion for removal and suspension of officers. 


Ordinances for vacancy in office of Mayor, see R.C., sees. 1518, 1514; for re- 


moval of Mayor by council: R. C., sec. 1512. ‘Vacancy in Mayor’s office within 6 
months of expiration of his term see next section (sec. 13). : 


Sec. 18. Vacancies in elective offices—how ase any 
elective office shall become vacant within six months from ‘dnt expiration 
of the time for which its incumbent shall have been elected, then the Coun- 
eil shall by election fill the vacancy for the unexpired term. In case the 
Mavyor’s office shall become vacant within six months from the expiration 
of his term, then the President of the Council shall be e.x- officio Mayor for 
the unexpired term. 


See for ordinance similar to this section R. C., sec. 1689; ord. for filling vacancy 
in Mayor’s office see R. C., sees. 1513-1514. 


As to the suspension and removal of officers, existence and filling of vacancies 
see note to sec. 5 of this article. 


The above section 13, providing for filling vacancies occurring in an elective 
office within six months of expiration of term, ete., does not (in view of Art. 


ART. IV, Sec. 14-16. | CHARTER OF THE CITY OF ST. LOUIS. 351 


III, sec. 26, clause 8) exclude the right of the municipal assemhly to make pro- 
vision for filling a vacancy occurring more than six months before the expira- 
tion of the time for which the term runs, and the ordinance applying to such 
case (now R. C., sec. 1690) is valid: State ex rel. vs. Thomas, 102 Mo. 85, 89. 


Sec. 14. Deputies of Sheriffs, ete.—The Sheriff, Coroner and Mar- 
shal may have such deputies as may be provided by ordinance. 


Assistants may be removed. —The assistants of any officer shall hold 
their position during good behavior, unless otherwise provided by ordinance, but 
may be removed for cause by the Mayor, or by the officer under whom they 
work, at his pleasure. 


See note below. 


Offices to be in City Hall.— All offices of the several departments of the 
city shall be in the City Hall or some other building owned by the city, 
unless otherwise specially provided by the Assembly. 


Deputies of Marshal, see R. C., sec. 1332. Duties of Marshal, see Charter IV, 
sec. 31; R. C., secs. 1329-1333; Scheme, secs. 6, 18, 27, 30. 


Sheriff’s duties and powers: Scheme, sec. 18: Especially Act on Sheriffs and 
Coroners in St. Louis R. S. 1899, pages 2548-2551; also set out herein under 
“Laws Specially Applicable to St. Louis,’’ Chapter 29, secs. 550-568; when entitled 
to counsel see 78. sec. 568: R. 5. 1899, sec. 10046./ 


Coroner’s duties and powers: Scheme, sec. 5; R. S. 1899, pages 2548-2551, set 
out herein “Laws Sp. Ap.”’ etc., secs. 555, etc. As to election of coroner see note 
to Charter “Art: (PV; sec: i. 


Assistants to officers: Inspectors of buildings are ‘‘assistants” to the Building 
Commissioner within this section and removable by him at pleasure: Magner vs. 
St. Louis, 179 Mo: 495, 504; State ex rel. Knittel vs. Longfellow, 93 Mo. App. 
364 and State ex rel. vs. Longfellow, 95 Mo. App. 660. 


Offices in City Hall: There is no law prohibiting the removal of the recorder’s 
office from the old courthouse to the new city hall, nor does it make any dif- 
ference that the latter is on ground which was outside the city limits when the 
city was the county seat: Babcock vs. Hahn, 175 Mo. 136. ; 


Sec. 15. Qualifications of Mayor.—The Mayor shall be the chief 
executive officer of the city; shall be at least thirty vears of age. When 
the Mayor ceases to possess the qualifications required in this Charter, his 
office shall become vacant. 


? ° 
The provision originally contained in this section (15) requiring the Mayor to 
be a freeholder of property in the city, was superseded and annulled by pro- 
visions of Rev. St. 1899, sec. 5259, and is omitted. 


Sec. 16. Duties of the Mayor—may remit fines, etc.— may ap- 
point examiners.—He shall, from time to time, give the Assembly informa- 
tion relative to the state of the city, and shall reeommend to their consideration 
such measures as he may deem expedient in the interests of the city. He 
shall take care that the laws of the State and the ordinances of the city are 
respected and enforced within the city; and may remit fines, costs, for- 
feitures and penalties duly imposed for violation of any ordinance, and 
shall make a report of the same to the Assembly at every session thereof. 
He shall have power to appoint a competent person, or persons, to examine 
the affairs of any department, or departments, whenever he shall deem it 
necessary. 


Ordinances specially respecting and relating to Mayor, are contained in Rev. 
Code, Chap. 17, secs. 1487-1514 inclusive; sec. 1493 being a literal repetition of 
this* charter clause. 


As to remission of fines, penalties, etc., see also note to R. C., sec. 1497, and of 
police court’s power to remit, see note to sec. 1308. The authority of the Mayor 


se) 
on 
bo 


CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 17-19, 


to remit a fine can only be exercised after the fine has been imposed: State ex 
rel. vs. Noonan, 59 Mo. App. Il. c. 529, relying on State ex rel. vs. Francis, 95 
Mo. 44. 


Where the power to confer a grant is in the Mayor and assembly, a permit 
alone from the Mayor is void: Lockwood vs. Ry., 122 Mo. 1. c. 95; State ex rel. 
vs. Noonan, 59 Mo. App. 1. c. 528; nor can the Mayor alone appoint an attorney 
so as to make the city liable for his services: Carroll vs. St. Louis, 12 Mo. 444. 
Mandamus lies to compel the Mayor to revoke an illegal permit, the immunity 
from judicial control appertaining to the office of Governor not attaching to the 
mayoralty: State ex rel. vs. Noonan, 59 Mo. App. 524. 


Sec. 17. Absence of Mayor—how provided for.—The President of 
the Council shall perform the duties of Mayor whenever, and so long as the 
Mayor from any cause is unable to perform his official duties. If the 
Mayor and the President of the Council are both absent from the city, or 
otherwise disabled from performing the duties of the Mayor, the Speaker 
of the House of Delegates shall, for the time being, discharge the duties of 
said office, and either of them, while acting as Mayor, shall receive the 
Same compensation as the Mayor. 


The ordinance (R. C., sec. 1494) is literally the same as above. The compensa- 
tion of the Mayor cannot be reduced because of his absence: Bates vs. St. 
Louis, 1538 Mo. 18, 22. 


Sec. 18. Special sessions of the Municipal Assembly.—The Mayor 
may, by proclamation, ¢all special sessions of the Assembly, giving not less 
than three days’ notice, and shall specially state to them, when assembled, 
the objects for which they have been convened, and their action shall be 
confined to such objects. 


Ordinance provision Rev. Code, sec. 1496,is the same as above; other ordinance 
provisions as to how special session to be called see Rev. Code, sec. 1379. 


Under the above charter provision (sec. 18, Art. IV) the municipal assembly 
specially convened, can legislate only on subjects specially stated to it at the 
time that it is so assembled, and note on any additional matter that is com- 
municated to it by the Mayor while in session but after the session began; 
and the Mayor must “specially state’ the object when convening the session: 
St. Louis vs. Withaus, 90 Mo. 646, affirming 16 Mo. App. 247 and holding an 
ordinance passed at such session void as not within the object stated in the 
opening message, although in the latter it was stated that other matters might 
be submitted. 


But a reference in general terms that legislation was desired under designated 
articles and sections of the St. Louis Charter, was held to be sufficiently definite 
in Allen vs. Rodgers, 20 Mo. App. 290. 


So also it was thought by the Kansas City court of appeals that where the 
Kansas City charter provided for special sessions on call of the mayor, and pub- 
lication in the papers as provided by ordinance, and there was no such ordinance, 
that such session and ordinances passed thereat, are void, because there was no 
publication; but the court further thought that inasmuch as the popular con- 
struction was otherwise and had been acted on for several years, so that 
a different construction ‘‘would unsettle many’ titles, distract, if not destroy. 
many private interests, and impair the public faith and confidence in a great 
variety of merely governmental regulations adopted at these special meetings,” 
it was constrained to uphold the validity of such meetings, notwithstanding the 
court thought them void: Forry vs. Ridge, 56 Mo. App. 615, 622, followed in 
McQuiddy vs. Vineyard, 60 Mo. App. 1. c. 619. 


Sec. 19. Officers to reside within the city.—The permanent resi- 
dence of the Mayor and all other officers of the city except when otherwise 
provided by ordinance, shall be within the limits or jurisdiction of the 
citv; otherwise their offices shall become vacant. 


For ordinance see R. C., sec. 1687. 


See as to residence and citizenship being qualification, Art. IV, sec. 10, and 
note. 


ART. IV, Sec. 20. | CHARTER OF THE Crvy OF ST. LOUIS. 353 


See. 20. Duties of Comptroller.—The Comptroller shall exercise a 
general supervision over the fiscal affairs of the city; the collection and return 
into the treasury and disbursement of all revenue and moneys of the city; of 
all property, assets, and claims, and the sale or other disposition thereof ; 
and, by and with the advice and consent of the Mayor, shall see‘that all 
necessary official and legal proceedings are had for the protection of the 
city’s interests in all such property, assets and claims; that proper rules 
and regulations are prescribed and observed in relation to all accounts, 
settlements and reports, connected with the fiscal concerns of the city; 
that no liability is incurred, or expenditure made from the treasury, with- 
out due authority of law; and that appropriations are not overdrawn. He 
is especially charged with the preservation of the credit and faith of the 
city in relation to its public debt and other liabilities, and whenever it is 
necessary to meet payments thereof, principal or interest, he shall, with 
the written approval of the Mayor, make his requisition for a warrant on 
the treasury for that purpose; and shall, with the Mayor’s written ap- 
proval, do and perform any and all other acts and things, not inconsistent 
with the provisions of this Charter, and any ordinance thereunder, as are 
proper to accomplish the duties contemplated herein. He shall make an- 
nual reports to the Assembly and to the Mayor on his request, on the 
financial condition and requirements of the city, with: careful statements 
and estimates of receipts and expenditures. The records in nis office shali 
show the financial operations, conditions, property assets and claims of the 
city, the expenditures authorized for public works, and all contracts, with 
names of contractors, in which the city is interested, and the bonded or 
other indebtedness of the city. He shall require all claims returns, set- 
tlements, or reports to be verified by affidavit. He shall countersign all 
warrants drawn on the city treasury for any payments, except as here- 
inafter provided, and shall duly record the amount and nature of same. 
He shall have access to the books and other records of any department un- 
der the city government, whenever he so desires, and he shall see that the 
accounts of the city are kept in a plain, methodical manner. 


See Rev. Code, sec. 2427. 


Bond of Comptroller.—He shall give bond to the city in the sum of not 
less than three hundred thousand dollars, with not less than three good 
securities, holders of unincumbered real estate in the City of St. Louis, to 
be approved by the Mayor and Council. 

See Rev. Code, sec. 2426. 


Additional duties of Comptroller.—He shall have a seat in either 
branch of the Municipal Assembly, with a rght to debate on any question per- 
taining to his department, but shall have no vote. Should any judgment be 
rendered against the city, for which no provision has been made by ordi- 
nance, or otherwise, the Comptroller is authorized, with the approval of the 
Mayor, to effect a temporary loan to meet the same, and.to do and perform 
all other acts with the approval of.the Mayor, necessary to preserve the 
credit and property, or rights of the city, and perform such other duties as 
may be provided by ordinance. All delinquent or special tax-bills, and all 
other claims, marshal’s, sheriff's, or constables’ deeds or certificates of sale, 
in the nature of liens on property in which the city is directly or indirectly 
imterested as owner or creditor, shall be deposited with the Comptroiler, 
and his receipts taken therefor and filed with the Auditor. . He shall keep a 
full and complete register thereof, and whenever the Treasurer's receipt is 


304 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV. Sec, 21-22. 


presented and filed in his office for any such bill or claim, he shall release 
the same on the register, and, when necessary, the Mayor and Comptroller 
shall execute a quit-claim deed for the property redeemed. 


For ordinances specially relating to Comptroller hereunder, see Rev. Code, 
Chap. 37, Art. 3 (secs. 2425-2437), some of which are reiterations of these charter 
provisions; respecting treasury department, see Ch. 37, Art. 1 (secs. 2387-2405). 


There are many other charter provisions and ordinances affecting the rights 
and duties of Comptroller. 


Sec. 21. Duties of Auditor—official bond, ete.—The Auditor shall 
be the general accountant of the city, and as such it shall be his duty to receive 
and preserve in his office all accounts, books, vouchers, documents and 
papers relating to the accounts or contracts of the city, its debts, revenues, 
and other fiscal affairs, and to adopt a proper mode and manner of double- 
entry bookkeeping. He shall state and render all accounts filed or kept in 
his office between the city and other person or body corporate, except when 
otherwise provided by law or ordinance. He shall examine, adjust and 
audit all unsettled accounts, claims and demands against the city for the 
payment of which any money may be drawn from the city treasury, and 
after having examined the same with all accompanying vouchers and docu- 
ments, shall certify thereon the balance or true state of such claim or de- 
mand, and draw his warrant on the Treasurer in payment thereof; but no 
such claim or demand, or any part thereof, shall be audited against the 
city unless it is authorized by law or ordinance, and is in proper and fully 
itemized form, and unless the amount required for the payment of the same 
shall have been appropriated for that purpose by the Assembly. He shall 
have power to administer oaths, and shall require settlements of accounts 
to be verified by affidavit, whenever he thinks proper, and shall keep the 
accounts of the city, general and special, in a systematic and orderly man- 
ner. He shall give bond to the city in the sum of not less than one hundred 
thousand dollars, with not less than three securities, who shall be holders 
of unincumbered real estate within the city, to be approved by the Mayor 
and Council. He shall audit all bills, when presented in proper form and 
duly authorized, bearing the necessary signatures, or certificates, and other- 
wise in accordance with the law and ordinance. He shall be responsible for 
all acts of his employes. 


Ordinances specially relating to Auditor hereunder, see Rev. Code. Chap. 37, 
Art. 2 (sees. 2406-2424); and respecting treasury department 76. Art. 1. 


See diseussion and authorities as to Auditor, and his duties and powers, in 
note to said Art. 2 of Chap. 37 of Rev. Code. 


Sec. 22. Duties of Treasurer.—It shall be the duty of the Treasurer to 
receive and keep the money of the city, and pay out the same on the war- 
rants drawn by the Auditor and countersigned by the Comptroller, except 
as hereinafter provided. All moneys belonging to the city received by any 
officer or agent thereof, either from collections, loans, sale of bonds, fees, 
fines and penalties or otherwise, shall be deposited in the city treasury 
regularly once a day, unless otherwise provided by law or ordinance, and, 
in case the provisions of this section are not complied with, it shall be the 
Treasurer’s duty to report any delinquencies to the Mayor. He shall give 
triplicate receipts in all cases, one for the party paying, one for the Auditor, 
and one for the Comptroller, which shall set out the amounts paid and from 
what it proceeds and to what account credited. AJl payments on account 
of pay-rolls shall be made by the Treasurer, after the same have been audit- 
ed and placed in his hands therefor. His books shall at all times be open 


— — 


ART. IV, Sec, 23.] CHARTER OF THE CITY OF ST, LOUIS. 355 


to the inspection of.the Mayor, Comptroller, or any member of the Munici- 
pal Assembly, and he shall report the balance in the treasury each day to 
the Comptroller and Mayor. 


Rev. Code, sec. 2439. 


Bond of Treasurer.—He shall give bond for the faithful performance of 
his duty in the sum of not less than five hundred thousand dollars, with 
not less than five securities, who shall be holders of unincumbered real 
estate within the city, to be approved by the Mayor and Council. 


Rev. Code, sec. 2439. 


Selection of banks for city deposit.—The Mayor, Comptroller and 
Treasurer shall annually select a bank or banking institution which will 
give the highest rate of interest for the current deposit of the city’s funds: 
Provided, however, that before any deposit shall be made by the Treasurer, 
the said bank or banking institution shall give a bond for five hundred 
thousand dollars, with good and sufficient securities, to be approved by a 
unanimous vote of the fund commissioners, for the safe keeping and prompt 
payment of said funds or any part thereof, when demanded by the Treas- 
urer, and shall at all times keep the securities on its bond satisfactory to 
said commissioners. 

For ordinances specially applicable to Treasurer hereunder, see Rev. Code, 


Chap. 37, Art. 4 (secs. 2438-2446); for treasury department see R. C., Chap. 37, 
Art. 1 (secs. 2387-2405). 


For state law concerning selection of banks for deposit of city funds, see 
Laws Mo. 1903, page 95, amending R. S. 1899,.sec. 6251 (set out herein in ‘‘Laws 
Spec. Applicable to St. Louis’’) Ch. 21, secs. 397-398; see R. C., sec. 2439. 


Sec. 23. Duties of Register.—The Register shall have the custody of 
the city seal, the public records, the original rolls of ordinances of the 
Municipal Assembly, all original contracts, deeds and certificates relative 
to the title of any property of the city, all official, penal, indemnity or 
security bonds, and such other records, papers, and documents of value, 
as are not required to be deposited with any other officer, all of which shall 
be registered by numbers, date, and contents; he shall attest all public in- 
struments or official acts of the Mayor, by his signature and the seal of 
the city, and shall also certify, under his hand and the seal of the city, all 
copies of such original documents, records and papers in his office, as may 
be required by any officer or person, and charge therefor to individuals 
such fees as may be provided by ordinance, and he shall provide copies of 
all contracts in his office for the Auditor and Comptroller, when requested 
so to do by them. He shall have general supervision of the public printing, 
and shall see that it is executed as hereinafter provided; and shall cause to 
be printed, filed and preserved, in his office, all ordinances passed by the 
Assembly; shall register and preserve, in his office, all contracts, the oaths 
or affirmations taken by the city officers, and may administer such oaths 
or affirmations. He shall appoint such clerks as he may require, subject to 
the approval of the Mayor. He shall do and perform all duties now required 
of the Clerk of the County Court by any general or special law not incon- 
sistent with this section or the Scheme, and shall exercise the same power, 
authority and jurisdiction as said clerk for the proper execution of the 
laws of this State. 

Ordinances specially relating to Register: Rev. Code, Chap. 28, secs. 2062-2069. 
See also note to said Chap. 28 and to sec. 2062, as to the duties of the Register. 
He performs certain functions performed by the county officials before the sep- 
aration of the City and County: See note thereon and references introductory 


to Art. I of the Charter, under “General considerations respecting the Charter— 
transfer of old county functions to corresponding City officials,” ete. 


356 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 24-27. 


Sec. 24. Duties of Collector—official bond, ete.—The Collector 
shall collect all city, State and school taxes, licenses, wharfage, and all other 
claims that the city may have against any person, and shall pay the same 
over to the Treasurer once each day. The State and school taxes collected 
by him shall be paid as provided by law. He shall give bond, for the faith- 
ful performance of his duties, in such sum as the Municipal Assembly may 
deem requisite, not less than two hundred thousand dollars, with five se- 
curities, who are owners of unincumbered real estate in the city, which 
shall be approved by the Mayor and Council; and shall keep the books and 
accounts of his office as may be directed by ordinance, or, in the absence of 
any definite requirements, the Comptroller shall prescribe the manner of 
keeping such books and accounts. 

For ordinance provisions on Collector see R. C., Chap. 32, secs. 228 
also Charter, Art. IV, secs. 30 to 34 inclusive, and Art. V., secs. 30-35. 

That provision of this seetion which requires the Collector to colleet all licenses 
is superseded by the statute creating the office of license collector, and con- 
ferring on him the duties respecting licenses theretofore performed by the city 
eollector or license commissioner. (Water, dramshop, boat and wharf licenses 
are excepted): See said statute law herein set out, with notes, in “Laws Speci- 
ally Applicable .to St. Lowtis,’ Chapter 17 (sees. 3824392); being Laws 1901, pp. 
80g 82; and see further on this subject, particularly the notations to the Rey. 
Code, ‘Chap: 30, constituting secs: 2104 to. 2125. ek also see. 2288 et seq. And 
as to dramshop licenses see Chapt. 8 (sees. 229-236) of “Laws Specially Appli- 
cable to St. Louis,” with, notations, being R. S. 1899, sec. 3019 e¢ seg, as amended 
by Laws 1905, p. 141; and notes to R. Code,-.secs, 2150-2164. 

Concerning the duties of Collector with respect to taxation in eeneral see 
Charter,: Art; V. secs. 30-35; also “Laws Specially Applicable to St- Louis,” Chap. 
26, sec. 469, 471-492 and notes. 


Sec. 25. Police Justices, powers and juris The police 
Justices, or any acting justices pro tem, shall have jurisdiction over all 
cases arising under this Charter, and of the violation of any ordinance, or 
of any provisions of this Charter, subject to appeal, either by the city or 
defendant, to the St. Louis Court of Criminal Correction, in like manner 
as provided by law for appeals from justices of the peace in criminal cases 
to their appellate court, and power to punish all contempts of court, by 
fine not exceeding one hundred dollars, and by imprisonment not exceeding 
ten days; and power to enforce all legal orders and judgments, as a eourt 
of record may; and power to give final judgment against the principal and 
security on any forfeited bond or recognizance returnable to this court, 
subject to an appeal, as in other cases. 


As to ordinances on Police Justices and police courts and officials connected 
therewith, see Rev. Code, Chap. 13, Art. 1 and 2 (secs. 1261-1323). 


For full discussion of matters relating .to police courts under the charter pro- 
‘visions, and in general as to their jurisdiction, procedure, nature, of (the * pres 
ceedings, effect thereof, appeals incident to police court matters, executions, viola- 
tions of ordinances, and similar matters, see note to Rev. Code, sec. 1265; and 
alsa notes to, sees. 1279, 1264, 1305. and other sections under Art. 1 of Chap. 13: 


Sec. 26. Police Justices to be conservators of the peace, ete. 
Justices of the Peace to have concurrent jurisdiction in certain 
cases.—The police e justices shall be conservators of the peace through the city, 
sd shall exercise the powers and perform the duties which may be prescribed by 
ordinance. The justices of the peace within the city shall have concurrent 
jurisdiction with the police justices in all cases under ordinances or char- 
ter, when the Mayor shall direct prosecution before them. 


— Sec. 27. Municipal Assembly may increase number of Police 
Justices and establish judicial districts— Courts of Police Jus- 


ART. IV, Sec. 28-29.] CHARTER OF THE CITY OF ST. LOUIS. 307 ° 


tices, where Municipal Assembly shall have power, froin time to 
time; by ordinanee, mae by a vote of two- thirds of the members elected to eacd 
house, increase the number of police justices, who shall be appointed and holh . 
office for a term of four years, as hereinbefore provided in reference to 
such justices. Said Assembly shall, by ordinance, divide the city into 
judicial districts, and may, from time to time, alter the same, and may 
also give, to the justices of such districts, exclusive jurisdiction of causes 
arising in their respective districts; and shall, by ordinance, provide for 
holding police courts whenever the justice of any such court is disabled or 
disqualified by absence, sickness or otherwise from holding the same; may 
authorize any other police justice or any justice of the peace of the City of 
St. Louis to hold such court and discharge the duties of such justice during 
the continuance of the disability or disqualification, and shall also provide 
for the trial of causes pending in the court of any police justice, in which 
said justice may be a material witness, or in which he may be interested 
or of kin to the defendant. The police justices shall hold their court in 
such places as may be provided by ordinance, and in the absence of and 
until such provision shall be made, they me hold them at such places as | 
the Mayor may direct. 


Ordinances creating districts, holding court, jurisdiction, etc., see Rev. C., sec. . 
1261 ef seg. As to creation of additional police court, see “Police e Court South of 
Arsenal Street,’ Rev. Code, secs. 1318 1323 


Sec. 25. Municipal Assembly to define duties of city officers.— 
The Municipal Assembly shall, by ordinance, define the duties of all city officers, 
and may change, increase or diminish, them in a manner not inconsistent 
with this charter. : 


As to right of assembly to. distribute charter duties amongst other officials, 
or to abrogate an office altogether, see Charter III, sec. 382 and note; as to power 
to create offices see Chart., Art. IV, sec. 45. 


Assembly may define duties: St. Louis vs. Liessing, 190 Mo. 464, 491; in the 
absence of any definition of the duties of a public officer, his duties may be 
inferred from the nature of his office and employment: State ex rel. vs. Wal- 
bridge, 69 Mo. App. 657, 668. 


An officer or city official has no vested interest in his office, and the city 
may abrogate the office and thereby cut off the salary: Magner vs. Sta. uous. 
179 Mo. 495; Primm vs. Carondelet, 23 Mo. 22. 


And hence in this country official duties may be modified, or changed, or abro- | 
gated, without the consent of the incumbent: See State ex rel. vs. Valle, 41 Mo. 


29; Westberg vs. Kansas City, 64 Mo. 1. c. 5038. 


As to right of.officers to recover salary,.see also note to-Art. XVI, sec. 17. 


Sec. 29. Commissioner of PUpDues, his duties, etc.—contracts 
to be approved by Mayor. ISS] of Supplies shall purchase 
all articles needed by the city in its several departments. The Municipal Assem- 
bly. shall provide, by ordinance, for the purchase of all articles, so far as prac- 
ticable, by advertising for proposals at stated periods. All purchases made 
by him Without advertising for proposals shall be approved by the Comp- 
troller before the same shall become binding on the city. In advertising 
for proposals to furnish supplies, quantity and quality of all articles shall 
be fully stated, and any bidder may bid for any one article named. ' The 
award for each article shall, in all cases, be made to the lowest bidder 
therefor. The Commissioner of) Supplies shall furnish to the bidders 
printed blanks, which shall be filled up by the bidders with the price of the 
article to be furnished, and shall, in specifying the quantity and quality 
of any article, recite the advertisement. All bids shall be sealed, and 


358 CHARTER OF THE CITY OF ST. LOUIS. [ART. IV, Sec. 30-32. 


opened at an hour and place to be stated in the advertisement for proposals, 
ir the presence of as many of the bidders as may desire to be present, and 
shall be subjected to the inspection of the bidders. All bids having any 
alteration or erasure upon them shall be rejected. All contracts shall be 
approved by the Mayor before they shall become binding upon the city. 


. . . 99 oO 
Ordinances on Supply Commissioner see Rev. Code, Chap. 36, secs. 2366-2386. 


Judge Sherwood in his elaborate dissenting opinion in Verdin vs. St. Louis, 
131 Mo. loc. cit. 161-164, considers this section (Art. IV, sec. 29) and distinguishes 
it from Art. VI, sec. 27, showing that the former applies only to the commis- 
sioner of supplies and applies only to a limited extent to the Board of Public 
Improvements when performing the duties assigned to it under Art. VI, sec. rae 
and that the commissioner awards the contract to the lowest bidder without 
discretion. (But see present provision in R. C., sec. 2373.) 


Art. VI, sec. 27, applies to letting contracts for public work. Art. XV applies 
to contracts for printing and binding. 


Sec. 30. Inspector of Weights and Measures, duties, ete.—The 
Inspector of Weights and Measures shall, at least once in each year, and as much 
oftener as may be ordained by the Assembly, inspect every scale, weight and 
measure used in the City of St. Louis, for the purpose of determining the 
quantity of merchandise sold or offered for sale. The Assembly shall, by 
ordinance, fix the fee to be paid for such inspection, for which a license 
shall be granted in every case by the Inspector, and all such fees he shall 
monthly, report to the Comptroller, and daily pay into the city treasury. 
He shall keep a record of all scales and measures inspected by him, specify- 
ing date, place of inspection, and the names of the parties for whom the in- 
spection is made. He shall receive a fixed salary for his services. No per- 
son within the City of St. Louis shall use any scale, weight or measure to 
determine the quantity of any merchandise sold or offered for sale, which 
shall not have been inspected and sealed by the said Inspector. 


Inspection weights and measures see Chart. III, sec. 26, clause 7. For discus- 
sion and authorities see ordinances on the subject: R. C., Chap.. 40, sec. 2531 
et seq. 


Sec. 31. City Marshal, duties, ete.—to serve and return notices 
of special tax bills.—The Marshal shall execute and return all processes and 
orders of the Mayor, Law Department, Health Department, Police Justices 
or Justices of the Peace, St. Louis Criminal Court and St. Louis Court of 
Criminal Correction, and all notices of special tax bills, under any law or 
ordinance, except as in this Scheme or this Charter otherwise provided; he 
shall keep a detailed account of the receipts of all money collected by his 
office, and of all delinquencies, and shall report all receipts and delin- 
quencies, monthly, to the Comptroller; he shall appoint, with the approval 
of the Mayor, such deputies as he may require. 


Marshal’s duties, ete.: See Rev. Code, secs. 1329-1333; Scheme, secs. 6, 18, 17, 30; 
State ex rel. vs. Walbridge, 119 Mo. 1. ec. 395-396 (citing Charter, Art. IV, sec. 
21) 7) Reports) Arti sLV.) see. 48: AS toswMarshals.,deputies. see Chart. Arte uve 
Secu 04s RiCwisecilsoe 

The above section is as amended at election on Oct. 22, 1901. The amendment 
was made to require the Marshal to execute “all notices of special tax-bills,’’ 
thus providing an official record thereof, whereas prior thereto the service was 
left to the parties in interest. 


Sec. 32. City Counselor, duties, ete.—The City Counselor shall be 
the chief law officer of the city. He shall prosecute and defend all suits 
originating or pending in any court of record, except the St. Louis Criminal 
Court and St. Louis Court of Criminal Correction, to which the city is a 


ART. IV Sec. 33-35. ] CHARTER OF THE CITY OF ST. LOUIS. 359 


party, or in which the city or any of its officers are officially interested; he 
shall advise either house of the Assembly or any committee thereof, in 
writing, when required, as to all legal questions that may arise before 
them. He shall advise the Mayor, and through him all other officers, , in 
relation to their duties, or in relation to the interests of the city in which 
they are directly engaged, and from time to time make such reports in re- 
lation to the suits in which the city is interested as may be required by the 
Mayor or the Assembly. He shall have a superintending control over the 
business intrusted to the City Attorney, and when necessary he shall aid 
him in the discharge of the duties of his office, at the request of the Mayor. 

As to ordinances relating to City Counselor, his duties, office, and associates 


and assistants, see Rev. Code, Chap. 14, Art. 2 (secs. 1348 to 1375). He is re- 
quired to advise the Police Board: Charter, Art. XVI, sec. 4. 


Sec. 33. Board of Public Improvements— meeting — duties of. 
—The Board of Puble Improvements shall meet at least once in each week at its 
office to consider and take under advisement such business as may come 
before it. Said Board shall furnish through its President to the Mayor, 
the Municipal Assembly or either branch thereof, such data and informa- 
tion as may be required, or which it may from time to time deem necessary 
to impart. A majority of said Board shall form a quorum for the trans- 
action of business, but no final action shall be taken in any matter con- 
cerning the special departments of any absent commissioner, unless this 
business has been made the special order of the day. 


For ordinances on B. P. I. in general, see Rev. Code, Chap. 24, sec. 1904, and 
following. As to annual report of B. P. I. to Mayor see Art. IV, sec. 48; ordi- 
nances on salaries and bonds of members of B. P. I. and employes, R. C., Chap. 
24, Art. 9, secs. 1995 to 2017, and see also references in notes to each head of 
department as given below. 


Under the city ordinances (now amended and appearing as sec. 1909 in R.C.) in 
the absence of the Street Commissioner the assistant and acting Street Com- 
missioner had the right to attend the board meeting, but not to vote; held that 
his attendance satisfied the provision that ‘‘no final action shall be taken in any 
matter concerning the special department of any absent commissioner,” etce., 
when a unanimous vote is not required: Construction Co. vs. Loevy, 64 Mo. App. 
Zs0e4a0, (Suc) Li9’ Mo. 455,5no discussion on this point). As to ,ordinance, oy 
quorum. see R. C., sec. 1914. 


An appellate court cannot review the discretion of the B. P. I. unless it is so 
exercised as to be clearly subversive of public rights: Gay vs. Tel. Co., 12. Mo. 
App. 485; Forsythe vs. Tel. Co., 12 Mo. App. 494. As to discretion and duties of 
the board respecting contracts for Public Improvements see notes to Art. VI 
of Charter. 


Record of board: It is true that the Charter does not,in express terms, direct 
the Board of Public Improvements to keep a record of its proceedings, but such 
a duty by necessary implication is imposed by reason of the important part or 
adjunct of the municipal government it fills. Its record is admissible in evi- 
dence to show a departure from jurisdictional forms prescribed by the Charter, 
but a finding of fact by the board is not conclusive: Fruin Bambrick Co. vs. 
Geist, 37 Mo. App. 509, 515. 


Sec. 34. Members of Board to be heads of departments.—The 
Commissioners named in section 3 of this article shall be, respectively, the 
heads of their several departments, and shall be responsible for all actions 
of their employes. 


See Rev. Code, sec. 1916. 


Sec. 35. Street Commissioner— duties, etce.—The Street Commis- 
sioner shall have under his special charge the construction, reconstruction, 


360 CHARTER OF THE CITY OF ST. (LOUIS. [ART. IV, Sec. 36-39. 


repairing and cleaning of the public streets, alleys and places, excepting 
parks. : 
Ordinances on Street Commissioner and his office in general, see Rev. Code, 
Chap. 34, Art. 3, secs. 1945 to 1954 and notes. Also R. C., secs. 1996 and 1076, 
As to duties, powers, etc., respecting streets, see the various articles of Chap. 12 
of Rev. Code, relating to Highways. As to construction, reconstruction, repairing, 
, ete., see Charter, Art. VI and notes:, Rev. C.,. secs. 1945 e seq., garbage, secs. 
R. C. 1199 e/ seg.; sprinkling, 941-1082. 


See. 35 of Art. IV ‘referred to;';Steffen vs.*St. Louis, 135 Mo. 44,,50. 


Sec. 36. Sewer Commissioner—duties, ete.—The Sewer Commis- 
sioner shall have under his special charge the construction, repairs and 
cleaning of all public district sewers, inlets, manholes, and other appurten- 
ances belonging thereto. 


For,ordinances in general on Sewer Commissioner and his office see Rev. Code, 
Chap. 24, Art. 4, secs. 1955-1956, and note; also 25.,Art. 9, sections 1997, 2001, 2011: 
As to provisions concerning sewers, see Charter, Art. VI, secs. 20 to 23: ordi- 
nances Rev. Code, Chap. 34, ‘secs. 2302 and following, and notes; also Charter ITT, 
sec. 26, c'ause 2,‘and notes thereto; and Art. VI, sec. '2. 


Sec. 37. Water Commissioner —duties, ete. — The Water Commis- 
sioner shall have under his special charge the pumping machinery, reservoirs 
and water pipes, and other property connected with the waterworks. He shall 
have the superintendence over the enlarging of the works and the laying 
of water pipe, and shall exercise a general supervision over the entire 
water works department, excepting the collection of water rates. 


For ordinances on Water Commissioner and his office see Rev. C., Chap. 24, 
Art, 5;;secs> 1957 to 196382 alsonzoArt..9) Secs 99S. 200t- e200b eto. ZOLO: 


For Charter provisions see Art. VII, and notes. 


See. 38. Harbor and Wharf Commissioner—duties, ete.—The 
Harbor and Wharf Commissioner shall have under his special charge the con- 
struction and repairs of dykes, wharf and levee, and shall be specially charged 
with the execution of all ordinances of the city which relate to dykes, 
wharf and levee, steamboats and all other boats, vessels and rafts. He 
shall furnish to the Collector such information as will enable the said Col- 
lector to collect wharfage and other dues from boats, vessels and rafts. 


For ordinances on Harbor and Wharf Commissioner in general see Rev. Code, 
Chap. 24, Art. ‘6, secs. 1964 to 1969; 1999. Salaries and employes, R. C.. secs. 
1965; 2012-2014; 411. 


Ordinances on Harbor and Wharf department see Rev. Code, Chap. X, secs. 
345 to 436; Charter, Art. IX; see also city’s power to regulate wharves, etc.: 
Charter, Art. III, sec. 26, clause 2, and note. 


Sec. 39. Park Commissioner—duties, ete.—The Park Commis- 
sioner shail have under his special charge and control all the public parks 
and places and squares of the city, excepting such as are by this Charter, or 
by their dedication or other special provisions in the nature of a contract. 
excluded from the control of the city. 


For ordinances on Park Commissioner and his office in general, see Rev. Code, 
Chap. 24, Art. 7, secs. 1970-1975. Salaries and employes: Rev. Code,: secs. 2000- 
2002-9201 b=20 10s 


As to Public Parks see Rev. Code, Ch. 25, and note; secs. 2018-2035; Charter, 
Art. VIII, and note. ; 


ART. IV, Sec. 40-438. ] CHARTER OF THE CITY OF ST. LOUGS. 361 


Sec. 40. Gas Commissioner—duties, ete.—The Gas Commissioner 
shall have under his special charge and control all the property belonging 
to the city gas works, and shall exercise a general supervision over the said 
works and the laying of all gas mains and pipes, and erecting, repairing, 
lighting and cleaning street lamps. 


Sec. 41. President of the Board of Improvements to have 
supervision over other commissioners, and authenticate special 
tax bills.—The President of the Board of Public Improvements shall preside at 
the meetings of the Board, and shall have charge of all the public improvements 
not specially provided for in this article. He shall have a general supervis- 
ion over the departments of all other Commissioners of the Board of Public 
Improvements, and shall inform the Mayor‘or Municipal Assembly of any 
dereliction of duty of any Commissioner. He shall authenticate all special 
tax bills against property owners chargeable with special taxes for work - 
performed or materials furnished under ordinances of the city which said 
bills shall be made out and certified to him by the head of the department 
under which said work is done or material furnished. 


For ordinance on President Board Public Improvements, see Rev. Code, Chap. 
24; Art. 2, secs. 19385 to 1944. : 

As to salaries and employes, see in addition to those in above sections: Rev. 
Code, secs. 1995, 2003, 2004. 


As to duties in connection with special tax bills for improvements, ete., see 
Charter, Art. VI, sec. 24, and notes thereto. The duties of the President involve 
the exercise of high discretion and cannot be delegated: Stifel vs. Co., 38 Mo. 340.. 


Sec. 42. Assembly may provide additional duties for Board.— 
The Municipal Assembly shall provide by ordinance such additional duties 
of and requirements from the Board of Public Improvements and its several 
members, as it may deem necessary, and for the appointment by them of 
such assistants and employes as the demands of the several departments 
may require. 

For ordinances in pursuance to this section see references in the several pre- 
ceding sections. For note on this section see McQuillin’s Amend. Chart.( un- 
official work). p. 271. 


Sec. 43. Oath of city officers—bond of same.—Every of- 
ficer of the city and his assistants, before entering upon the duties of his 
office, shall take and subscribe to an oath or affirmation before some judge 
or justice of the peace or the Register, that he possesses all the qualifica- 
tions. prescribed. for his office by the Charter; that he will support the 
Constitution of the United States, and of the State of Missouri, and. the 
Charter and ordinances of the City of St. Louis, and that he will faithfully 
demean himself in office. And every offcer of the corporation, when so 
required by law or ordinance, shall, within fifteen days after his election or 
appointnent, and before entering upon the discharge of the duties of his 
office, give bond to the city in such sum as shall be designated by ordinance, 
conditioned for the faithful performance of his duties, and that he will pay 
over all moneys that belong to the city as provided by law. If any person 
elected or appointed to an office shall fail to take and subscribe such oath 
or affirmation, or give bond as herein required, his office shall be deemed 
vacant. For any breach of the condition of said bond, suit may be insti- 
tuted thereon by the city, or by any person in the name of the City of St. 
Louis, for the use of such per Son or persons. 


See note below. 


Officers The term “officers,” whenever used in this Char- 
ter, shall include all persons holding any situation under the city govern- 


362 CHARTER OF THE CITY OF ST. LOUIS. LART: IV, Sec. 43. 


— 


ment or its departments, with an annual salary or for a definite term of 
office; and the term “fiscal officers,” whenever used, shall include all per- 
sons engaged in any relation in the collection and disbursement of the 
city’s money. 


See note below. 


Forfeiture of office for failure to pay over money.—Any 
failure on the part of any city officer to pay into the treasury of the city 
the balance reported by the Auditor to be due from him to the city, upon 
the adjustment of his account, shall cause a forfeiture of his office, and 
such balance shall bear interest at ten per centum per annum from the time 
it should have been accounted for until it shall have been paid into the 
treasury. The Mayor shall immediately order suit to be commenced in the 


proper court against the delinquent officer for such balance. 


Oath: For ordinance see R.C., sec. 1675. Oath is also required by Charter, Art. 
XVI, sec. 18. As to necessity of oath and failure to take within the time limited 
see Beach on Pub. Corp., sec. 176: 

Bonds, to be given by city officers and approved by Mayor and council: See 
ATUGLV ES SCCH ASR NOseSCCS MIL ON DeaLOs 4. 


As to compelling approval of bond by mandamus, where there is no valid objec- 


tion to the bond itself, see State ex rel. vs. Shannon, 133 Mo. 139, 165-167; State 


ex rel. vs. Wear, 37 Mo. App. 325. - 


Officers: Under the definition of officers in this section, a building inspector is 
not included: Magner vs. St. Louis, 179 Mo. 495, 503; State ex rel. vs. Longfellow, 
95 Mo. App. 660. ; 


See as to interpretation of a similar provision: Weesner vs. Bank, 106 Mo. 
App. 668. 

A school director is a state officer, so as to confer jurisdiction on the Supreme 
Court to determine title to office: State ex inf. vs. Fasse, 189 Mo. 5382. (See 
also as to school directors State ex rel. vs. Bus, 135 Mo. 325, and note to Charter, 


EAST Toon ELS) 
So a Circuit Clerk: State ex rel. vs. Rombauer, 101 Mo. 499. 


Board of Police and Metropolitan Police officers are state officers: State ex rel. 
vs. Commissioners, 184 Mo. 1. c. 133 (Kansas City police), citing State ex rel. 
vs. Mason, 153 Mo. 1. c. 438 (St. Louis police). See State ex rel. vs. Hawes, 177 
Mo. 360; Marshall, J., dissenting in State ex rel. vs: Stobie, 92 Southw. 191, 
Ties 2202S 9 Ci 194 Monat, 


But the police are city officers as well as state officers; the dual capacity is 
expressly provided and is recognized as lawful: State ex rel. vs. St. Louis, 174 
Mo. 125, 131, citing Carrington vs. St. Louis, 89 Mo. 1. c. 214. See further State 
vs. Boyd, 108 Mo. App. 518, 524; State ex rel. vs. Stobie, 194 Mo. 14; R. S. 1899, 
sec. 6232, set out in “Laws Specially Applicable to St. Louis,” sec. 451. 


Mayor is city officer, not state: State ex rel. vs. Dillon, 87 Mo. 487. 


Member of the Municipal Assembly is a city officer: State vs. Kelly, 103 Mo. 
ADA Hille 


Election Commissioner in St. Louis is a state officer in the sense that his 
functions are not limited to municipal elections: and that he is not within 
the prohibition against city officers contracting with the city: State ex rel. 
vs. Meier, 96 Mo. App. 160. 


But he is not a state officer so as to confer jurisdiction on the Supreme Court 
of an appeal to a case where a state officer is a party: State ex rel. vs. Hig- 
gins, 144 Mo. 410. ; 


So also of a Sheriff: State ex rel. vs. Bender, 91 Mo. 206: see State ex rel. vs. 
Bus, 135 Mo. 1. c. 337 (holding a deputy sheriff not to be a state officer within 
the constitutional inhibition against a state officer holding office also in a city 


or county. See discussion by the court, as to when officers are state, county. 


or city officials). 


Constable is state not city officer: State ex rel. vs. McKee, 69 Mo. 504. 


ART. IV, Sec. 44-45. ] CHARTER OF THE CITY OF ST. LOUIS. 363 


After calling attention to the different provisions and phraseology of the con- 
stitutional references to officers the court in State ex rel. vs. Bus, 135 Mo. 1. c. 
887, says: “While the City of St. Louis is strictly a municipal corporation, its 
territory is also a subdivision of the state, in which officers are elected to per- 
form the functions of the state government as distinguished from those per- 
taining to municipal government. Those officers are in no sense municipal of- 
ficers,’’ etc. 


De facto officers: As to salary of such see note to Art. XVI, sec. 17. Where 
there is no office there can be no officer de facto: Weesner vs. Bank, 106 Mo. App. 
668, 672; State ex rel. vs. Finn, 4 Mo. App. 347. 


When a municipal legislative body may be such de facto: Hilgert vs. Barber 
Co., 107 Mo. App. 385; see also Adams vs. Lindell, 5 Mo. App.197,s. c. 72 Mo. 198; 
Sle LOUIS s Visa SLOGUarOeaLoeeMOn eA DD.ou (od t. 


When appointment of one as officer will be implied, so far as the public are 
eoncerned: See note to R. C., sec. 1686. 


Resignation: Under the constitution of this state any officer may resign at 
will: : State’ ex réli vs. Bus, 135 Mo. }. ec: 331 (citme Const:, Art. 14, sec. 5). 


Liability of officers: A public officer charged with discretionary duties is not 
liable for negligent performance thereof, nor erroneous performance not actuated 
by willfulness or corruption: Schooler vs. Arrington, 106 Mo. App. 607, 609, 
citing a number of Missouri cases. See also as to liability of officer alleged to 
have done an act “in pursuance of an order of the city’: Quinn vs. Schneider, 
118 Mo. App. 39, 43. 


But a superintendent of a workhouse, or jailer, although not actuated by malice, 
who Keeps a prisoner beyond the time authorized by law and charter, by exer- 
cising a void power to extend the term as a matter of prison discipline, is liable 
for false imprisonment: St. Louis vs. Karr, 85 Mo. App. 608, 614 (distinguishing 
eases holding an officer to be protected for acting under a void commitment fair 
on its face). 


And a Street Commissioner, who grades a street without the lawful authority 
of an ordinance (proceeding on simple resolution, which is void) is liable as 
for trespass, as well as the Mayor and aldermen who are present assisting and 
encouraging the work of such grading, to the owner abutting on the street: 
Reed vs. Peck, 163 Mo. 333. 


A collector is not personally liable for collecting taxes under an irregular 
assessment, but he is where the property is wholly exempt from taxation; nor 
is he liable where he proceeds under a legislative act, the validity of which 
is afterwards assailed and overthrown as unconstitutional: Walden vs. Dudley, 
49 Mo. 1. c. 420-421, and cases cited. And even where the property is exempt, 
if such exemption is not absolute but conditional with a tribunal to review 
an assessment and determine the question, the collector has a right to suppose 
the unassailed decision of that tribunal to be correct: Lee vs. Thomas, 49 Mo. 112. 


Penalty for favoring unauthorized claim by any officer, missapplication of 
funds, etc., see Chart., Art. XVI, sec. 11. The criminal liability of municipal of- 


> 


ficers, agents and servants, is discussed in a note on p. 273 of Mr. McQuillin’s 
unofficial work ‘‘Amend. Chart.,” and thirteen different ways of violation of law 
enumerated. 


Loss of office is also discussed by that author on the same page, and the dif- 
ferent ways in which this may be incurred are set out. 


Sec. 44. Mayor to settle disputes between officers.—All ques- 
tions of difference between the officers of the city affecting their relative 
powers and duties may be referred by either of them to the Mayor, who 
shall examine and determine such questions, and his decision shall be final 
as between such officers. 


See. 45. Power of Assembly to create offices.—The Assembly 
shall have power, by ordinance passed by a vote of two-thirds of the mem- 
bers-elect of each house, to create any other office which it may deem neces- 
sary, and to provide for the manner of filling the same. 

Assembly may create office: St. Louis vs. Liessing, 190 Mo. 464, 491; or assembly 
may transfer duties from one office to another, or abrogate the office altogether: 


364 GHARTER OF DEE Criy ORY Siw LOuLs: [ART. IV, Sec. 46-48. 


Chart., Art. IlI, sec. 32; or it may define the duties, and may change, increase or 
diminish same: .;Chart.,; Art. FV, sec. 28. 


Sec. 46. Mayor to enforce contracts—officers to report vio- 
lations of contract.—The Mayor shall see that all contracts and agree- 
ments with the city are faithfully kept and performed, and to this end he 
shall cause legal proceedings to be instituted and prosecuted against all 
persons or corporations failing to fulfill their agreements with the city. 
And it is the duty of every city officer, when it shall come to his knowledge 
that any contract with the city, relating to the business of any office, has 
been violated by the other contracting party, forthwith to report the fact 
to the Mayor. 


As to city contracts and incidents connected therewith, see discussion in note 
ton Cnartera Arie Vol Se Cwm 


Sec. 47. Chiefs of Departments to report annually to the 
Mayor and quarterly to the Comptroller—books, papers, ete., to 
be opened to inspection by Members of Assembly, Mayor and 
Comptroller—Mayor tosubmit all reports to assembly.—The Chief 
of every department shail report annually to the Mayor, and as often as 
may be required by him, and quarterly to the Comptroller, a full itemized 
account of all the money received and paid out by or through said depart- 
ment, and their books, papers and everything connected with their offices, 
shall be open for examination and inspection by any member of either house 
of the Municipal Assembly, and the Mayor and Comptroller. All annual 
reports shall be submitted by the Mayor, with his message, to the Assembly. 


For ordinances making provisions for reports from all fiscal officers and board, 
see R. G., sec. 23943. water rates. collector: -R: C.; sec. 2461. 


Sec. 48. Report of Comptroller.—The Comptroller shall, at the 
opening of each stated session of the Assembly, submit his report of the 
financial condition of the city and of the business in his office, and there- 
with the reports of all other fiscal officers. His report shall contain his 
estimates of the receipts and of the necessary appropriations to meet all 
the wants of the current vear. 


Report of Auditor.—The report of the Auditor shall comprise full 
and complete tables of facts in relation to the receipts and expenditures 
of the revenues since his last annual report. and an exhibit of the condi- 
tion of the several general and special revenue accounts, individual funds 
and other accounts on his books, and their balances. ; 


Report of Treasurer.—The Treasurer’s report shall exhibit the 
amount of cash on hand at the date of the last annual report, the amount 
since received and paid out, respectively, on account of each class of funds, 
and what balance remains to the credit of each. 


Report of Collector.—The Collector’s report shall embrace all his’ 
collections since his last annual report from all the different ‘sources, re- 
spectively, and the expenses of his office ‘in detail. . 


Report of Marshal.—The Marshal’s report shall state how much 
he has collected from fines, fees and penalties, respectively, of ‘all kinds, and 
how much from all other sources, and how much he has paid into the treas- 
ury, and also the expenses he has incurred and charged, and which were 
either deducted from his: collections, or paid out of the treasury, and on 
what account, in detail; also the amount of all uncollected bills of fines 
and fees. 


ART. LV, Sec. 49-50. ; VEAL OL eile ik Mes be LOU LS, 365 


Report of Board of Public Improvement.—The report of the 
soard of Public Improvements shall set forth, in detail, the condition of 
the public works of the city, under appropriate headings, and description of 
each contract, the names of the contractors, the authority for and amount 
appropriated to each piece of work or contract, the amount paid thereon 
prior to the last annual report, the amount since, and an estimate of what 
is necessary to complete the same; how much, for what purpose. and under 
what authority expenditures have been made without written contract ap- 
proved by the Assembly, and all other things in their department of interest 
to the administration or the public. 


Sec.49. Commissioners on Charitable Institutions—their du- 
ties and powers—may remove officers of institutions.—The Com- 
missioners on Charitable Institutions shall have a general visitorial super- 
vision over all penal and charitable institutions supported wholly or in 
part by the city. They shall have power by an unanimous vote, to remove 
any appointed officer or employe of such institution, and shall, in case of 
such removal, notify the Mayor, and request him to fill the vacancy. The 
Mayor shall have no power to reappoint any person removed by the Com- 
missioners. 


For ordinances on Commissioners of Charitable Institutions see Rey. Code, 
secs. 1715-1727. 

The Commissioners have no right to remove a superintendent of the institutions, 
except for cause, and after due notice, charges and specifications and an oppor- 
tunity to be heard: State ex rel. vs. Brown, 57 Mo. App. 199 (upholding also 
an ordinance, now sec. 1720 of R. C.). 


Sec. 50. Commissioners on Charitable Institutions to meet 
monthly at the City Hall and visit institutions monthly— 
may recommend ordinances to Assembly—shall receive no 
compensation.—The Commissioners shall meet at least once in each 
month at their office in the City Hall, and shall visit all the institutions 
under their supervision at least once in each month. They shall recom- 
mend to the Assembly such ordinances as they may deem necessary for the 
welfare of the persons under their supervision, and in the interest of the 
city. They shall receive no pay for their services. 


For ordinances see Rev. Code, sees. 1715-1727. 


366 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 1. 


ARTICLE V. 


REVENUE AND TAXATION. 


SECTION. ( SECTION. 
1. Municipal Assembly to levy and collect personal attendance in office re- 
all taxes: rate of taxes in old and | quired. 
new limits. | 19. Assessment books, how made up. 
2. Assembly may increase tax rate in ex- 20. Public notice to be given of completion 
tended limits. of books. 
3. Enforcement of taxes. ‘ 21. Duty of Recorder of Deeds in reference 
4. Licenses, wharfages and other dues. | to conveyances. 
5. Blank licenses, tickets., ete., how is- 22. Property not laid off into blocks, etc., 
sued. to be assessed as agricultural lands. 
6. Classification of taxes, ete. | 23. Costs of assessments, how paid. 
7. Payments into city treasury. 
8. Settlements of fiscal officers. BOARD OF EQUALIZATION. 
24. Its organization,.and duties. ‘ 
APPROPRIATIONS. | 25. Reeord of proceedings. 
9. Appropriations. | 26. Abstract of corrected assessments to 
10. Limitation of appropriations. | be sent to Mayor and State Auditor; 
11. Payments out of city treasury. | State, school and city tax-bills, how 
12. All ordinances authorizing disburse- prepared; duty of Comptroller in ref- 
ments to be indorsed by Comptroller. | erence to tax-bills and assessment 
13. Unadjusted accounts, how certified, ete books. 
14. All expenditures, etc., must be by ordi- | 27. Ordinance fixing percentage of taxes, 
nance. 28. Comptroller to correct manifest errors 


in assessments. 
ASSESSMENT OI* PROPERTY. 29; AUthority .oOL Comptroller «asi. tonade= 


15. Board of Assessors; Assembly to estab- linquent taxes, etc. 


lish assessment districts. | COLLECTION OF TAXES. 

16. Official bonds of assessors: duties of 380. Bond of City Collector: 
district assessors; when assessments 31. Collector to collect all revenues except 
shall commence and end, etc. water rates. 

17. Qualifications of assessors. | 32. Rebate on tax-bills. 

18. Duties of President of Board of As- | 33. Authority of Collector to appoint depu- 
sessors; shall be accountable for all | ties. 
plats, books, etc., belonging to office; | 84. City Collector to perform all duties 
may appoint clerks and deputies; | discharged by County Collector. 


Section 1. Municipal Assembly to levy and collect taxes— 
rates for various purposes specified—rates for erecting public 
building s, how increased—revenue for erecting public build- 
ings. For the support of the government of the city, the improvement 
thereof, and the payment of the public debt, the Municipal Assembly shall, 
by ordinance, annually levy, assess and collect taxes on ‘all subjects and 
objects of taxation, and on all property within the city made taxable by 
law for State purposes; and establish the rate thereof, as follows, to-wit: 
For municipal purposes a sum not exceeding the maximum authorized by 
the Constitution of the State, or any amendment thereof; for the payment 
of the valid indebtedness of the city existing on the seventh day of April, 
eighteen hundred and ninety, and for the bonds issued in renewal thereof, 4 
percentum sufficient, at least, to meet the requirements of Section two 
Article fourteen of this Charter; for the payment of indebtedness which 
may have been incurred thereafter or may be incurred hereafter, a per- 
centum sufficient at least to pay the interest on such indebtedness as itt 
falls due, and also to constitute a sinking fund for payment of the principal 
thereof within twenty years from the time of contracting the same, or with- 
in such other period as may be permitted by the Constitution of this State 
in force at the time any such indebtedness is contracted, unless said interest 
and sinking fund are hereinafter, or hereafter, otherwise provided for; pro- 
vided, however, that the rates of taxation for the payment of the indebted- 
ness existing on the seventh day of April, eighteen hundred and ninety, as 


ART. V, Sec. 1.] CHARTER OF THE CITY OF ST. LOUIS. . 367 


aforesaid, and for the payment of each separate indebtedness thereafter, 
shall be separately established; and provided further, that for the purpose 
of erecting public buildings, the rate of taxation for municipal purposes 
as herein limited, may be increased by the Municipal Assembly, when the 
rate of such increase and the purpose for which it is intended shall have 
been submitted to a vote of the people, and two-thirds of the qualified voters 
of the city, voting at an election to be held for that purpose, shall vote 
therefor. The taxes collected for the purpose of erecting public buildings 
shall be designated “revenue for erecting public buildings,” and shall be 
kept distinet from other revenues and used for the purpose designated in 
the submission of the question of increasing the rate, as aforesaid, to a 
vote of the people, any other provision in this Charter as to designation or 
application of the fund to the contrary notwithstanding. 

The Municipal Assembly shall also be empowered to levy, assess and 
collect all taxes, of every description, on any or all of the subjects or ob- 
jects of taxation which are authorized to be levied by the municipality 
under the constitution and laws of this State. 


Amendment: This section is an amendment adopted at the election on October 
22, 1901, submitted under ordinance 20444. The divergence from the old pro- 
vision is set out in McQuill. (unofficial) work Amend. Chart., rn a note on p. 280. 


Powers of taxation: General power to levy and collect taxes, borrow and ap- 
propriate money: See Charter, Art. III, sec. 26, clause 1. 


For provisions and discussion concerning the city’s power to license, tax and 
regulate occupations, vehicles and other subjects and objects of license, see note 
to Charter, Art. III, sec. 26, clause 5, where that subject is separately treated: 
and ordinances as to license collector see R. C., Chap. 30, and notes thereto. 


Under the Constitution the taxing power must be exercised by municipal cor- 
porations for county or corporate purposes, be uniform, in proportion to value, 
Etcunpee Const. ATG 4, secs. 1 to74.cete, 7 (See 195. Mov228 (76 Mo. 481-89) Mo: 
631, and 49 Mo. 512.) 


As to the limit of municipal indebtedness of St. Louis under the last amend- 
ment to the Constitution see note to clause 1 of sec. 26 of Art. III of the Charter. 


The assessment and collection of the revenue and taxes in the City of St. Louis 
is governed largely by the State laws (R. S. 1899, secs. 9118-9400 inclusive) 
and those provisions thereof which are specially applicable to St. Louis are set 
out hereinbefore with notes, under “‘Laws Specially Applicable to St. Louis,”’ 
Chapter 26, secs. 468-496. See Art. 1 (secs. 468-470) for assessment; Art. 2 (secs. 
471-482) the Collector; Art. 3 (secs. 483-487) settlements of collector; Art. 4, (secs. 
488-492) delinquent and back taxes; Art. 5 (secs. 493-494) assessment and taxa- 
tion of railroads; Art. 6 (secs. 495-496) taxation of merchants and manufactures. 
These provisions should be consulted in connection with the charter provisions. 
The ordinance provisions covering the revenue department are found in Rev. 
Code, Chap. 30-32, secs. 2070 ef seg.; see as. to board of assessors, secs. 2070-2098: 
board of equalization, secs. 2099-2102; of taxes, sec. 2103. 


Special taxation for local improvements is not included in general taxation, 
and is discussed in notes to Art. VI of the Charter. 


If the State can tax for state purposes it can confer upon one of its municipalities 
the power to tax for local purposes: Henderson Co. vs. Henderson, 173 U. S. 
loc. cit. 614; for ‘“‘a municipality without the power of taxation would be a body 
without life, incapable of acting and serving no useful purpose’: U. S. vs. New 
Orleans, 98 U. S. 381, 393; and hence when the power to contract a debt by 
bond is given the power to levy taxes to pay same goes with it, unless there 
is an express limitation which repels the inference: J/6. pp. 393-394 (allowing 
mandamus against the city to pay judgments on bonds); and a lawful issue of 
bonds is not only binding upon the municipality, but even the power of the State 
itseif to alter or destroy its municipal corporations or change the boundaries 
thereof, cannot be so exercised as to impair the obligation of such bonds, and if 
such be done, the proper officers of the old municipality may be compelled by 
mandamus to make an assessment and levy of taxes for their payment: Graham 
vs. Folsom, 200 U. S. 248. 


368 


CHARTEHR OF THE CITY OF ST: LOUIS. } *PART.. ViSec. 1 


The Constitution of Missouri, sec. 25, of Art. IX, distinctly recognizes the right 
of the City of St. Louis to make provision in its Charter for levying and collecting 
city taxes for the maintenance of the city government; the city was empowered 
to make provision in its charter for the levy of taxes by its municipal assembly 
upon such subjects and in such manner as would not be in controvention of 
the Constitution and laws of the state, nor does the city derive its powers to 
levy taxes from legislative grant, not being included in those affected by Const., 
Art. X, sec. 1: ‘St. Louis vs. Bircher, 76 Mo. 431, 433. 


“The power to tax is explicitly given in the Charter adopted in pursuance of 
the constitutional provisions; in view of those provisions there can be no doubt 
that it was the intent of the framers of the Constitution that the Charter to be 
framed by the Board of Freeholders for the City of St. Louis, should contain such 
provisions in regard to taxation as should be found by them expedient, and violate 
no constitutional provision. To hold otherwise would be to hold ,that the 
framers of the Constitution offered to St. Louis a Charter under which she 
could have no revenue, and consequently no police, no waterworks, no. street 
lighting or paving, no means of subsistence and no life’: St. Louis vs. Sternberg, 
4 Mo: App.*1..¢.145% Caffirmed s:ic. 69) Mo} 289): 


“As the city government, authorized by the Constitution for the City of St. 
Louis, is entirely different in its organization from that of the counties, and as the 
duty of collecting the State revenue which devolved upon the County of St. 
Louis under the general law, was thereafter to be performed by the city, it 
became necessary to provide in the Charter the requisite municipal agencies for 
the performance of that duty. Proper officers were to be designated, the mode 
of their selection prescribed, and the duties which were previously performed 
by the officials designated in the general law were, by express enactment, to be 
imposed on them,” etc.: State ex rel. vs.. Powers, 68 Mo. 320, 324. See as to 
transfer of old county functions to city officials on the separation of city and 
county, note introductory to Charter, “General Considerations,” etc. 


Under the Charter and State laws annual assessments of real estate in St. 
Louis are lawful: State ex rel. vs.. Powers, 68 Mo. 320. 


The power of taxation by municipalities is amongst the most valuable and im- 
portant of the public trusts and powers conferred upon municipal corporations, 
without the exercise of which municipal government would cease to exist; and 


a contract by a city not to exercise the same, or attempting to limit the exer- 


cise thereof by exemption or commutation of taxes, is void, and ot no effect: 
State vs. Railroad, 75 Mo. 208, 210, applied also in Springfield vs. Smith, 138 Mo. 
l. @. 655; an attempted exemption from either general or special taxation is 
void: Vrana vs. St. Louis, 164 Mo. 146, 152. 


There being (at that time) a direct conflict between the Charter of St. Louis 
and the general State law, so far as they relate to the method of ertending the 
taxes levied upon railroad property and the subsequent proceedings for collecting 
the same, it was held that the State law supersedes the Charter in that respect: 
State ex rel. vs. Railway, 117 Mo. 1, 11-12. (As to assessment and taxation of 
railroads see “Laws Spec. Applic. to St. L.,” hereinbefore, Chap. 26, Art? 5.) 


Personal property of a non-resident is taxable here if it be found within the 
local jurisdiction regardless of whose hands it may happen to be in: Curtis vs. 
Wood, 58 Mo. 295; and see Lionberger vs.. Rowse, 43 Mo. 67; Bank vs. Meredith, 
44 Mo. 500. 3ut personal property is to be assessed where owner resides, ete.: 
Rev. St. 1399,ysen;r91 21° 


The legislature cannot authorize a municipal corporation to tax, for its own 
local purposes, lands lving beyond the corporate limits: Wells vs. Weston, 22 Mo. 
384. (But as to issuing bonds for street railway running out of the limits see 
Henderson vs. Jackson Co., 12 Fed. (C. C.) 676; and the city may issue bonds oan 
bridge over Mississippi: Haeussler vs. St. Louis (Sup. Ct. in bane July 2, 1907, 
not yet reported.) As to what is within the limits where the boundary is a river 
see extended discussion in Henderson Bridge Co. vs. Henderson (a Kentucky 
river’ case) avis Us S592. to be interpreted in connection with our laws as to the 
boundary (see note to Art. 1, sec. 2) and see State ex rel. vs. Longfellow, 169 
U. S. 109; Haeussler vs. St. Louis (bonds for free bridge across Mississippi, Supt. 
Ct. in bane, July 2, 1907, not as yet reported). ; 


The State has a right to increase the boundaries of St. Louis without consent 
of property holders who are thereby brought within its limits, and are thereafter 
required to pay city taxes: Russell vs. St. Louis, 9 Mo. 503: see also Benoist vs. St. 
Louis, 19 Mo. loc: cit: 134: 


ART. V, Sec. 2-6:] CHARTER OF THE CITY OF ST. LOUIS. 


Publie property of the city is by the Constitution exempt from taxation (Art. 
X, sec. 6) but this does not apply to property held by the city as trustee of a 
charitable bequest for the benefit of a particular class; in such case the tax 
should be assessed against the city as trustee: St. Louis vs. Wenneker, 145 Mo. 
230, 239 (Mullanphy Emigrant Fund: See note to Rev. Code, Chapter 19, sec. 
1654, eZ seg.) 


Neither does constitutional nor statutory exemption from taxes apply to special 
taxation for local improvements, as to which see notes to Charter, Art. VI, sec. 
14, ete. 


In holding void see. lla of Art. X of the State Constitution, as in conflict with 
the 14th amendment of the U. S. Const., the court said in State ex rel. vs. Ry., 
195 Mo. 1. ec. 241-242: “If the constitutional [State] amendment only excepted the 
City of St. Louis, a very different question would also have been presented 
for adjudication, for the City of St. Louis is a political subdivision of the State 
as much as any county and is treated as a county, and any law that is passed 
applicable thereto applies to all persons within its territorial limits; and taxes 
which are imposed on property in the City of St. Louis are necessarily uniform 
because they subject the same class of subjects, within the territorial limits of 
the city, to the tax. In fact the laws relating to’ taxation in St. Louis have 
for many vears been different from the laws applicable to other parts of the 
State.’ 


Under the Charter of 1841. there might be different levies or rates of taxes 
in the same year, provided the aggregate did not exceed the Charter limit, 
and the council might levy taxes either for the fiscal or calendar year: Benoist 
Vs ot. Lowiss LO IMG. Fo. 


Bec: 2, 

Sec. 3. Enforcement of taxes.—The payment of all taxes for the 
city shall be enforced in the same manner and under the same rules and 
regulations as may be provided by law for collecting and enforcing the pay- 
ment of State taxes. 


For authorities relating to bringing and defending of suits for taxes, and mat- 
ters connected therewith, see note to sec. 491 of “Laws Specially Applicable to St. 
Louis,” ante p. 189-190. 


Sec. 4. Licenses, wharfages and other dues.-—The Assembly 
shall also provide by ordinance for the levy and collection of all other 
taxes, licenses, wharfages, and other dues of every description, and to fix 
the penalties for neglect or refusal to pay the same according to law and 
ordinance. 


Sec. 5. Blank licenses —tickets, etc.—how issued.—All blank 
licenses, tickets, receipts, permits, certificates or other blank forms which 
are intended to facilitate or simplify the collection of the revenue, shall! be 
issued by the Register under the seal of the city, and delivered and charged 
to the Comptroller, who shall countersign and deliver them to the proper 
officers respectively and take duplicate receipts therefor, one of which shall 
be filed with the Auditor. 


Same as ordinance: R. C., sec. 2063. 


Sec. 6. Classification of taxes.—All taxes collected for munici- 
pal purposes, from all sources whatever, shall be designated “Municipal 
Revenue,” and the taxes collected for the payment of the public debt shall 
be designated “Interest and Public Debt Revenue,” and the latter shall 
always be kept distinct from other revenues and held sacred for the pay- 
ment of interest and the valid indebtedness of the City of St. Louis existing 
on the seventh day of April, eighteen hundred and ninety, and the indebt- 


*This section is omitted, having been repealed at the Charter election held Oct. 
22, 1901. 


370 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 7-12. 


edness of the city which may have been incurred thereafter or may be in- 
curred hereafter, and the bonds issued in renewal thereof, and for no other 
purpose whatever. ) 


Present amendment adopted at election on Oct. 22, 1901 (ord. 20444). 


Sec. 7. Payments into city treasury.—aAll collections of public 
money on account of the city shall be paid into the city treasury and triph- 
cate receipts taken therefor, showing from what source the money is de- 
rived and the account to which it is placed, one of which shall be filed with 
the Auditor, and one with the Comptroller. 


Sec. 8. Settlement of fiscal officers.—The settlement of all of- 
ficers engaged in collection of the revenue, shall be adjusted by the Comp- 
troller, and by him certified to the Auditor, at least monthly, and oftener 
if required by the Mayor, and all blanks not used shall be returned by the 
Comptroller to the Register for cancellation. 


APPROPRIATIONS. 


Sec. 9. Appropriations.—The appropriations of the Municipal As- 
sembly for the payment of interest, for the payment of the public debt, for 
public improvements, and for the support of the city government during 
any one fiscal year, shall be in conformity with the requirements of the 
constitution of the State. 

Constitutional limit of municipal indebtedness, see note to Art. III, sec. 26, 
clause 1; Const., Art. IX, sec. 19 and Art. X, see. 12. 


Sec. 10. Limitation of appropriations.—No appropriation shall 
be made from any revenue fund in excess of the amount standing to the 
credit of such fund; nor shall it be made for the purposes to which the 
money therein is not applicable by law. 


See see. 12 infra. 


Duty of Comptroller to see that no improper expenditure incurred, and that ap- 
propriations are not overdrawn: Charter, Art. IV, sec. 20: Rev. C., see. 2427. Simi- 
lar duties of Auditor, and warrant to specify appropriation out of which payable: 
Rev. Code see 241 17 24024192 Charter VArte sl Vessecimel- 


As to effect of contracts where the appropriation is less than the contract price 


lord 


see note to Art. XVI, sec. 7; also, as to improvements, note to Art. VI, sec. 28. 


Sec. 11. Payments out of city treasury.—No money shall be paid 
out of the treasury except on the Auditor’s warrant, and no warrant shall 
be issued on any appropriation, unless there is an unexpended balance to 
the credit thereof sufficient to cover such warrant, and money in the treas- 
ury to pay it. 


See Rev. Code, sec. 2410. 


See. 12. All ordinances authorizing disbursements to be in- 
dorsed by Comptroller.—All ordinances that contemplate the pay- 
ment of any money shall, upon their second reading, be referred to the 
appropriate committee who shall obtain the indorsement of the Comptroller 
thereon to the effect that sufficient unappropriated means stands to the 
credit of the fund therein named, to meet the requirements of said ordi- 
nance, or it shall not be lawful to recommend its passage, or pass the same: 
Provided, that no claim shall be paid without the approval of the Auditor. 


See as to wisdom of provisions such as these, the remarks of Marshall, J., in 
Pryor vs. Kansas City, 153 Mo. 151 ef seg. 


ART. V, Sec. 13-16.] CHARTER OF THE CITY OF ST. LOUIS. 371 
REVENUE AND TAXATION. 


See. 18. Unadjusted accounts—how certified, ete.—All unad- 
justed accounts, before they are audited, must be certified to by the officer 
having knowledge of the facts, and the Auditor and Comptroller may allow 
them, or in case of their disagreement, then by either of them and the 
Mayor; and all accounts thus allowed shall be paid as directed in this ar- 
ticle. All audited accounts shall be registered in the Comptroller’s office, 
and filed and preserved as vouchers in the Auditor’s office. 


Rev. Code, sec. 2410. 


Sec. 14. All expenditures, ete., must be by ordinance.—No 
money shall be expended, nor shall any improvement be ordered involving 
an expenditure of money, except by ordinance, the provisions of which shall 
be specific and definite. 


Section cited: St. Louis vs. Lang, 131 Mo. loc. cit. 420; Silvester vs. St. Louis 
164 Mo. 1. c. 609. 


As to appropriations for public work or improvements, see Charter, Art. VI, 
sec. 28, and note thereto. 


A mere auditing officer cannot be mandamused where there is no appropriation: 
State ex rel. vs. Brown, 141 Mo. 26. 


But as to no technical appropriation by the municipal assembly being required 
where the police board sends in its estimate, see State ex rel. vs. Mason, 153 Mo. 
23, and references in note to Charter, Art. XVI, sec. 16. 


ASSESSMENT OF PROPERTY. 


Sec. 15. Board of Assessors—Assembly to establish assess- 
ment districts.—The City of St. Louis shall be assessed, in accordance 
with the general laws, by a Board of Assessors, consisting of a President 
of the Board, to be elected by the qualified voters of the city, and one As- 
sessor from each assessment district, who shall be appointed by the Mayor, 
and confirmed by the Council and the Municipal Assembly, shall lay off 
the city into convenient assessment districts, and shall have power to alter 
and change the same, as necessity or convenience may require. 


See Rev. Code, secs. 2070, 2084. By sec. 8 of the Scheme the office of President 
of the Board of Assessors is declared a city office and placed under the control 
of the City government. 


Sec. 16. Official bonds of Assessors.—The President of the 
Board, and each of the district assessors, before entering upon their official 
duties, shall give bond and security to the State, to the satisfaction of the 
Mayor, with three or more solvent securities, freeholders of the city, the 
said President in a sum not less than twenty thousand dollars, and the said 
district assessors, each, in a sum not less than two thousand dollars, the 
amount to be fixed by ordinance, conditioned for the faithful performance 
of the duties of their office, which bonds shall be executed in duplicate, one 
of which shall be forwarded to the State Auditor, and the other be depos- 
ited with the Register of the City of St. Louis. 


See note below. 


Duties of Assessors—reports.—It shall be the duty of the district 
assessors to assess the property within the districts for which they were 
appointed, under the direction and superintendence of the President, in the 


372 CHARTER OF THE CITY OF ST. LOUIS. [LART.V; Sec: 177383 


manner provided by law. They shall commence their assessment on the 
first day of June in each year, and complete the same, and make their 
final report to the President, on or before the first Monday in January fol- 
lowing. Each report shall be verified by the affidavit thereto of the as- 
sessor making it, that he made the assessment contained in his report im- 
partially and correctly to the best of his ability and judgment, and unin- 
fluenced by fear of, or favor by, or toward any one. 


Act March 24, 1881 (Laws 1881, p. 178) fixes the dates. 


Duties,etc.: Ordinance: R. C., sec. 2083. As to bonds, etc., see R. Cen SsececUdae 
See also note to sec. 18 infra of this article. 


Sec. 17. Qualifications of Assessors.—The President of the Board 
of Assessors shall be of the age of at least thirty years, and have been a 
resident within the city for at least seven years next before his qualifica- 
tion; and each district assessor shall have been a resident within the city 
for at least five years next before his qualification, or competent for his 
duties from actual service as an assessor of real estate in the City of St. 
Louis for taxation. 


Ordinance: Rev. Code, sec. 2072. The original provisions also required the as- 
sessors to be freeholders but was superseded by the State law (R. S. 1899, sec. 
5259) and that portion is therefore omitted. 


Sec. 18. Duties of the President of the Board of Assessors— 
shall be accountable for all plats, books, ete., belonging to the 
of fice—may appoint clerks and deputies—personal attendance in 
office require | shall be the duty of the President of the Board to 
superintend the Re of the district assessors, and the assessment of the 
entire city, to see that they faithfully discharge their duty, and, as far as 
possible, make the assessment uniform and equal throughout the city. He 
shall take the entire charge of the Assessor’s office, and all maps, plats, 
books, papers and furniture, etc., belonging to the said office. He shall be 
accountable for all such plats, and shall not permit any one of them, under 
any pretence whatever, to be removed from the office except those which 
may be required by the district assessors for the assessment of their allotted 
districts. He shall use all proper care and diligence to preserve all maps, 
plats, books and papers belonging to the office from injury, and shall hold 
the district assessors responsible for the return, in good condition, of all 
plats that may be furnished to them. He shall alter and correct the office 
plats, and all plats used by the district assessors, as required by law. He 
shall furnish the district assessors with all plats, blanks, stationery, in- 
structions, and all information that may be needed by them for the proper 
assessment of their respective districts. He shall receive the return of 
property of those upon whom the district assessors have ordered notice, 
except in those cases where the district assessors make personal service, 
and shall administer the oath required by law. He may appoint one or 
more of the clerks in his office as deputies, and he or they shall be author- 
ized to administer the oath. He shall furnish paper, blanks, and all neces- 
sary information to persons desiring to make appeal from the assessment 
of the district assessors. He shall, in person, be at his office every working 
day, during office hours, except when engaged in his duties as Assessor, or 
absent on leave, and shall furnish information on all matters pertaining to 
the assessment of property. 


See in connection herewith R. S. 1899, see. 9169, set out hereinbefore under 
“Laws Specially Applicable to St. Louis,’ Chap. 26, sec. 468. For ordinances see 
R. C., 2070-2098; deputies, sec. 2073. 


ART. V, Sec. 19-23. ] CHARTER OF THE CITY OF ST. LOUIS. 373 


The action of the assessor in assessing the property of owners is quasi-judicial, 
and when his jurisdiction attaches by the due service of notice and blanks, his 
valuation and assessment made where the property owner fails so to do, is, 
unless appealed from, conclusive upon the taxpayer; and that the valuation is 
of a lump sum, not itemized, is at most a mere irregularity of which the tax- 
payer, when sued, cannot complain: State ex relk vs. Cummings, 151 Mo. 49, 
60. See also State ex rel. vs. Seahorn, 139 Mo. 582; State ex rel. vs. Hoyt, 123 
Mo. 348. But the assessor cannot raise the return made by the taxpayer, without 
notice: State ex rel. vs. Spencer, 114 Mo. 574. 


By Charter, Art. V, sec. 28, the Comptroller has a right to correct manifest 
errors in assessments. 


Sec. 19. Assessment books, how made up.—When the district 
assessors shall have completed their assessments, said President of the 
Board shall make up the assessment books in proper alphabetical order, 
from the plats and returns made by said district assessors, from the return 
of property holders to the Assessor’s office, and from the best information 
he can otherwise obtain, so that said assessment books shall be as nearly 
as possible a full and complete assessment of all taxable property in the 
city, the same to be completed on or before the third Monday in March of 
each vear. 


Cited in Heman Const. Co. vs. Loevy, 179 Mo. loc. cit. 468-469. 


Sec. 20. Public notice to be given of completion of books.— 
As soon as said books are completed, the President of the Board shall give 
one week’s published notice in the daily newspapers,—one of which shall be 
printed in German,—that said books are open for inspection, and stating 
the time when the Board of Equalization will be in session. 


Rev. Code, sec. 2096. 


Sec. 21. Duty of Recorder of Deeds in reference to convey 
ances.— The Recorder of Deeds of the City of St. Louis is hereby required 
to deliver to the President of the Board of Assessors, from day to day, 
when required of him, and the day after the same shall have been recorded 
and compared, all deeds and other instruments in writing, filed in his 
office, by which any change of ownership is made in any of the real estate 
of the City of St. Louis, and the Presidept of the Board shall, without un- 
necessary delay, make such changes upon the plats in his office as said 
deeds and other instruments may require, and forthwith return such deeds 
and other instruments to said Recorder. 


Ordinance to same effect: R. C., sec. 2097. See other ordinances affecting Re- 
ecorder: R. C., Chap. 27, secs. 2047-2052; also sec. 1944. Duties to record plats, 
CHart Art Vil. Sec... 


Src. 22. 


This section was repealed at the charter amendment election of Oct. 22, 1901 
(submitted by ord. 20444) and is omitted from the text. The section provided 
that the assessment of lands in the city, which had not been laid off into blocks 
or lots, should be assessed by the acre as agricultural lands until laid off into 
blocks and lots by the owners. Before its repeal the same had been declared 
void as unconstitutional (conflicting with sec. 4, Art. X, requiring all property 
to be taxed according to its value): State ex rel. vs. O’Brien, 89 Mo. 631. 


A similar section had long before been held not to require the value for taxa- 
tion purposes to be fixed by its agricultural value only: Benoist vs. St. Louis, 15 
Mo. 668. 


Sec. 23. Costs of assessment, how paid.—<All the costs and ex- 
penses of the assessment shall be allowed and paid by the City of St. Louis, 


374 CHARTER’: OF THE Crry OF ST. LOUIs: [ART. V, Sec. 24-25, 


in the same manner as other demands against the city are allowed and 
paid, and when the aggregate for each year’s assessment shall have been 
ascertained, the Auditor of St. Louis shall certify the same to the State 
Auditor, whose duty it shall be to draw his warrant in favor of the City of 
St. Louis for one-half of said assessment, as provided by law. 


Rev. Code, sec. 2098. 


BOARD OF EQUALIZATION. 


Sec. 24. Organization and duties.—There shall be a Board of 
{qualization, consisting of the President of the Board of Assessors, who 
shall be President thereof, and four discreet and experienced real estate 
owners of the City of St. Louis, of a prior residence therein of ten years, 
who shall be appointed by the Judges of the Circuit Court of the Bighth 
Judicial Cireuit, on the second Monday of March annually. The duty of 
said Board shall be to adjust, correct and equalize the valuation of real 
estate and personal property in said city. It shall meet on the third Mon- 
day in March annually, and shall remain in session for four weeks, if busi- 
ness requires it, and no longer. Said Board shall hear and determine all 
appeals in a summary manner, shall adjust and correct the assessment 
books accordingly, shall determine as far as possible whether the property 
has been assessed at the true cash value, and in just proportion to the as: 
sessed value of the other property in the city similarly situated, and to this 
end shall increase or diminish the assessment on any property, real or 
personal, or mixed. If they propose to increase the assessment in any Case, 
they shall cause notice thereof to be served upon the owner, agent or repre- 
sentative thereof, if within the city, who shall have the right to be heard 
upon such proposed increase. The said Board shall have. power to send 
for persons or papers, and to compel the attendance of witnesses, and to 
this end the Sheriff of the city shall execute such process as may be issued 
by it.- The majority of said Board shall constitute a quorum, and a ma- 
jority of those present shall determine all matters of appeal or revision, or 
correction of values. The compensation of the members of the Board shall 
be fixed by ordinance, but the President shall receive no compensation as 
such member. The members of such Board, before entering upon the duties 
of their office, shall take and subscribe an oath similar to that required of 
County Boards of Equalization. 


Ordinances on Board of Equalization, R. C., secs. 2099-2102. Assessments must 
be corrected by appeal. If the assessed owner does not appeal to the board of 
equalization as provided by law, he will not be heard to dispute the assess- 
ment of the assessor, which then is conclusive, if the property is taxable under 
any law: State ex rel. vs. Tobacco Co., 140 Mo. 218. The right to appeal is 
equivalent to “a day in court”: State ex rel. vs. Cummings, 151 Mo. 1. ec. 59 
(holding failure to make an itemized list of property at best only an irregularity); 
see on same point State ex rel. vs. Seahorn, 139 Mo. 1. c. 609-610. 


A board of equalization being a tribunal of special and limited powers, acts 
outside of its jurisdiction are void; but in the performance of its duties it acts 
judicially and its orders cannot be collaterally impeached except for fraud: State 
ex rel. vs. Vaile, 122 Mo. 33; St. Louis Mut. vs. Charles, 47 Mo. 462. 


The action of the board of appeals is judicial and hence certiorari is the proper 
mode of reviewing its acts: State ex rel. vs. Dowling, 50 Mo. 134; but only 
matters on the face of its record can be reviewed: Ward vs. Board, 135 Mo. 309. 


See. 25. Reeord of Proceedings.—Said Board shall keep a com-_ 


plete record of all its proceedings, and deliver the same to the said Presi- 
dent to be kept as a record in his office. 


ART. V, Sec. 26-28 | CHARTER OF THE CITY OF ST. LOUIS. 375 


Sec. 26. Abstract of corrected assessments to be sent to 
Mayor and State Auditor—State, school and city tax bills, how 
prepared— duty of Comptroller in reference to tax bills and 
assessment books—After the assessment books have been corrected, the 
President of the Board shall make out a fair copy of the same, and shall 
make an abstract of said books, showing the amount of the several kinds of 
property assessed, and specifying the amount of value of all property with- 
in the present boundary line of the city, the amount of value of all prop- 
erty in the extended limits, and the aggregate valuation of all property 
within the city limits as established by this Charter, and add thereto his 
certificate that the same contains a true and correct list of all taxable prop- 
erty of the City of St. Louis so far as he has been able to ascertain the 
same. One copy of the abstract, verified by his oath, shall be delivered on 
or before the fourth Monday in May to the Mayor of St. Louis, and another 
copy to the State Auditor. He shall add upon the assessment books the 
State and school taxes required by law to be levied, and also add in accord- 
ance with a certified copy of an ordinance from the Municipal Assembly, 
all municipal taxes set forth in said ordinance, and shall then cause to be 
made out tax bills against the persons assessed, setting forth in said bills 
the name of the person, the description of the property, and the several 
taxes thereon, the name of the owner, lessee or agent of the property as- 
sessed, and their number or place of residence or business, and such other 
information as may facilitate the collection of such tax bills. He shall de- 
liver said bills, with an abstract of the same and with a copy of the assess- 
ment books, to the Comptroller, who shall compare said bills with the ab- 
stract, test the footings thereof, and then shall officially stamp said bills 
and deliver the same with the abstract to the Collector and take his sep- 
arate receipts therefor, First, for the aggregate of said bills; Second, for the 
amount of the State taxes; which last receipt the said Comptroller shall 
transmit to the State Auditor. 


. 
Section cited: Heman Const. vs. Loevy, 179 Mo. 1. ce. 469. 


See State law, R. S. 1899, sec. 9169 (set out hereinbefore under Laws Applicable 
Specially to St. L., Ch. 26, sec. 468) as to duty of President of the board of 
assessors respecting plats and changes of assessments to owners, each year. 


School taxes are fixed by the Board of Education; as to remission of same 
where an excess remains see Charter, Art. XIII, sec. 5. 


Sec. 27. Percentage of taxes fixed by ordinance.—On or be- 
fore the fourth Monday in May in each year, the Municipal Assembly shall 
cause to be delivered to the President of the Board of Assessors a certified 
ordinance establishing the percentage of taxes for the current year, and 
failing so to do, the rates last previously established shall be the percentage 
of taxes for the current year. 


See R. C., sec. 2103. This charter: provision (sec. 27) is an amendment adopted 
at the charter election of Oct. 22, 1901, submitted by ordinance 20444. 


The rate for school taxes is fixed by the Board of Education: Charter, Art. 
XIII, sec. 4. 


See. 28. Comptroller to correct manifest errors in assess- 
‘ments.—The City Comptroller is authorized and empowered to hear and 
determine all allegations of manifest errors in the assessment of lands and 
personal property for taxes, and in all cases when it shall appear that lands 
or personal property have been erroneously taxed, the said. Comptroller 


376 CHARTER OF THE CITY OF ST. LOUIS. [ART. V, Sec. 29-31, 


shall cause the same to be corrected on the assessment books, and shall 
certify to the State Auditor all such corrections to be credited to the Col- 
lector. 


Amendment adopted at election Oct. 22, 1901. The city assembly is prohibited 
from relieving any citizen from payment of any tax or exempt him from any 
burden, ete. See Charter, Art. III, sec. 30; and from making any appropriations for 
charitable purposes, etc.: 7+. sec. 33. 


Sec. 29. Authority of Comptroller as to delinquent taxes, 
ete.—And the said Comptroller is further authorized and empowered to 
discharge all the duties, and perform all the acts within the city limits, 
in regard to the “land delinquent list,” the “sale of land for taxes,” and all 
other matters relating to the assessment books and tax-bills, that are im- 
posed on the County Court in the General Law. 


COLLECTION OF TAXES. 


Sec. 30. Bond of City Collector.—The Collector of the City of 
St. Louis, before entering upon the discharge of the duties of his office, 
shall give bound and security to the State, to the satisfaction of the Mayor, 
in a sum provided by law and ordinance, conditioned that he will faithfully 
and punctually collect and pay over all State, school, municipal and other 
revenues, during the time he shall be in office, and that he will in all things 
faithfully perform all the duties of the office of Collector according to 
law. The official bond required in this section shall be signed by at least 
five solvent securities, freeholders within the city, and be executed in dupli- 
cate, one of which shall be deposited with the Register, and the other trans- 
mitted by the Register to the State Auditor, who shall carefully examine 
the same, and if it appears to his satisfaction that the bond is insufficient, 
he and the Mayor shall require such Collector to give additional bond, and 
if he fail to give such additional bond within toe days after he shall have 
been notified, his office shall be declared vacant. Said bond, hee ap- 
proved and recorded, shall be a lien against the real estate of such Col- 
lector until he shall have complied with the conditions thereof. If the Col- 
lector shall neglect or refuse to give such bond for fifteen days after his 
election, his office shall be declared vacant, and an election shall be ordered 
to fill the vacancy. 


See also State law: R. S. 1899, secs. 9206-9215. (See same under “Laws Spec. 
ADDI. to Sti 1,7 "Ch: *265-Art. 2...Secs, 47 4605) 


_ By sec. R. S. 9210 (Laws, etci, sec.. 475 with note) the bond is a lien on the 
realty owned by the collector. 


Sec. 31. Collector to collect all revenues except water 
rates.—The Collector shall collect all revenues derived from all other 
sources, which may be levied by law or ordinance within the City of St. 
Louis, except water rates, and keep a detailed account of all his collections, 
from all the different sources of revenue and taxation,. respectively. AN 
eollections made belonging to the city shall be paid into the city treasury 
daily, and triplicate receipts taken therefor, showing from what the money 
proceeds, and the account to which it is placed, one of which shall be filed 
with the Auditor, and one with the Comptroller. 


See ordinance R. C., sec. 2290. The duty. cast on the Collecter to collect licenses 
was by state law transferred to a “license collector’ created by that act; and 
the issuance of dramshop licenses was by statute conferred on the Excise Com- 
missioner: See note @n these points and references to these statutes in note to 


ART. V, Sec. 32-34.] CHARTER OF THE CITY OF ST. LOUIS. 377 


Charter, Art. IV, sec. 24. To that extent the duties of the collector were modi- 
fied. 


Commissions of Collector for collecting revenue see State law, R. S. 1899, sec. 
9260 (set out under “Laws, Spec. Applicable to St. Louis,’’ Ch. 26, Art. 3, sec. 486). 


Sec. 32. Rebate on tax bills.—On all tax bills for real and per- 
sonal property, on the assessment books, which shall be paid to the Col- 
lector, on or before the first day of October in each year, allowance or re- 
bate shall be made on the city taxes on said bill, to the person or persons 
making such payments, at the rate of eight per centum per annum from 
the date of such payment to the 31st of December following, and the amount 
of such allowance or rebate shall be credited to the account of the Col- 
lector, and charged to the respective revenue accounts. 


Ordinance on tax rebate, Rev. C., sec. 2291. 


Sec. 33. Authority of Collector to appoint deputies.—The 
Collector may appoint deputies, by an instrument in writing, duly signed, 
and may also revoke any such appointment at pleasure, and may require 
bonds or other securities, from such deputies to secure himself; and each 
such deputy shall have like authority in every respect to collect the taxes 
levied or assessed within the city or any part thereof which by law is 
vested in the Collector himself; but the Collector shall, in every respect, be 
responsible to the State, city, individuals, companies and corporations, as 
the case may be, for all moneys collected, and for every act done by any 
of his deputies whilst acting as such, and for any omission of duty by such 
deputy. Any bond or security taken from a deputy by the Collector shall 
be available to such Collector, his representatives and securities, to in- 
demnify them for any loss or damage arising from any act of such deputy. 


State statute on. collector’s right to deputies: R. S. 1899, sec. 9217 (see same in 
SAWS Dat UDI. tOn olen eISeG: 482)): 


For ordinance see R. C., secs. 2292, 2295. 


In an action on tax bill, the bill cannot be excluded because signed by deputy: 
State ex-rel.- vs.) Miller, 16 Mo: App. 539. 


See. 34. City Collector to perform all duties discharged by 
County Collector.—The said Collector is authorized, empowered and di- 
rected to discharge all the duties and perform all the acts in relation to 
the collection of the revenue, within the city limits, that the County Col- 
lector is now required and authorized by law to do. 


378 


PUBLIC IMPROVEMENTS—CONDEMNATION PROCEEDINGS 


CHARTER OF THE: CITY OF ST.. LOUIS. 


CART. VI. 


ARTICLE VI. 


STREET OPENING#S— 


CONSTRUCTIONS OF STREETS, BOULEVARDS, ALLEYS, ETC., AND SEWERS— 
SPECIAL TAXATION—CONTRACTS FOR PUBLIC WORK— 
STREET SPRINKLING. 


SECTION 


7 BS 


on 


6. 


-1 


10. 


ni Be 


12. 


. Form 


. Notice to defendants—process 


Streets to be established—lots, etc., to 
conform to established streets—map 
or plat of new blocks, Jots, etc., to 
bear certificate of responsible sur- 
veyor, to be approved by B. Peele 
and refer to established landmark, 
otherwise cannot be recorded—dedi- 
cation to public use of streets, al- 
leys and public places—limitations 
respecting heavy hauling and busi- 
ness traffic allowed on certain con- 
ditions—private places — boulevards 
may be established on stated con- 
ditions, or discontinued. 


CONDEMNATION PROCEEDINGS. 


of petition—commissioners to 
assess damages—parties defendant. 


to be 


served by city marshal—notice by 


publication. 


Court shall appoint three freeholders 
as commissioners, to assess dam- 
ages; qualifications—majority may 
act and report. 


Duty of commissioners as to damages 
and benefits—assessments of bene- 
fits to be a lien against property— 
opening of alleys. 

under 

LOuavDe 


Commissioners’ report to be 
oath—damages and benefits 
separately stated. 


Report may be reviewed on exceptions 
court may order new appraisement, 
etc. 


Cost of proceedings—commissioners 
each allowed $3.00 a day. 


Report of commissioners to be submit- 
ted to assembly—report stands ap- 
proved if no action taken within 
time limited—on disapproval of re- 
port, court shall set same aside and 
order new assessment—withdrawal 
of proceedings by city, conditions. 


Final action of court to be reported 
to comptroller, who shall furnish 
copy to assembly—appropriation to 
pay damages; failure to appropriate 
to operate as a bar for ten years. 


City may deduct benefits from dam- 
ages, and shall pay excess or de- 
posit in court—interest disallowed, 


when—when title of property in dis- 
pute damages paid into court—im- 
provement may proceed. 

Condemnation of property for particu- 
lar uses. 


SECTION 
WATER AND GAS PIPE CONNECTIONS. 


13. Board of public improvements to regu- 
late. 
CONSTRUCTION, OD STREERES POUL - 
VARDS AND ALLEYS. 


14. 


15. 


16. 
ete 


18. 


19. 


Ordinances for improvement of streets, 
etc., to originate with B. P. I.—board 
to designate day for public meeting 
to consider improvements—notice, 
contents and time of publication— 
remonstrance against improvement, 
time of filing, etc., and action of 
board thereon—two-thirds vote will 
overrule—board to prepare and re- 
port to assembly ordinance, with 
reasons, in event of remonstrance 
majority vote of board sufficient in 
absence of remonstrance—board may 
provide in improvement ordinance 
that work and material be guaran- 
teed and Kept in repair for a term 
of years—special taxes to be levied 
and assessed according to frontage 
and area, apportionment — benefit 
districts for special taxation estab- 
lished, method—special taxes for the 


construction of sidewalks appor- 
tioned by front foot rule—terms 
“reconstructing”’ and “repaving”’ 


’ 


construed—partial improvements by 
reconstructing and repaving permit- 
ted—contracts for improvement of 
sidewalks considered distinct from 
those. of streets, ete. Culverts and 
partial grading of streets—special ° 
taxation for improvement of alleys 
—word “lot” defined. 


Improvement ordinance, requisites— 
may specify term of years for which 
work shall be maintained—estimate 
of cost to be endorsed—streets, etce., 
to be established or dedicated prior 
to improvement. 


Vote of assembly on improvement bills. 


All ordinances for public work to be 
recommended by the board of pub- 
lic improvements. 


Apportionment of cost of improvements 
portion paid by the city and prop- 
erty owners respectively—no limit 
to special taxation. 


Nuisances caused by 
be abated by 
change of 
city. 


publie works to 
city—damages_ by 
grade to be paid by 


ART.VI, Sec. 1.] CHARTER OF THE CIiey OF Si, LOUIS: 379 


PUBLIC IMPROVEMENTS—STREET OPENINGS. 


SECTION SECTION 
SEWERS. certain tax bills shall be divided 
20. Classification of sewer system—‘‘pub- into parts and may be paid in in- 
lic,” “district,” “joint district” and stallments—interest—effect of non- 
“private.” payment of interest or installments 


when due—-limitation of lien of spe- 


21. District sewers, establishment and ‘ ; : ws ; 
cial tax bills—entry of satisfaction. 


construction — districts may be 

: x oF Ynani; ax a he Aner oe his at 
changed—special taxation for, au- “6. Special tax bills may be assigned— 
thorized—repairs and incidental ex- formality required—payment. 


penses paid by city—reconstruction 
of sewers permitted at expense of 
property. 


CONTRACTS FOR PUBLIC WORK. 


i) 
“1 


Assembly forbidden to contract for 
public work—B. P. I. to submit or- 
dinance for proposed work—adver- 


to 
to 


2. Joint district sewers, how established | 
—special taxation for, authorized; 
how levied and assessed. When ter- 
ritory “outside ‘of city limits is 
drained, city to pay portion of cost 
of construction—joint district sew- 
ers may be constructed in sections. 


tisement for bids, requisites—con- 
tract to be let to “lowest responsible 
bidder’’—one having failed to carry 
out prior contract with city deemed 
not responsible—bids may be re- 
jected—certified check to accompany 
all bids—sureties on _  contractor’s 
bond. 


bo 
Co 


. Private sewers—city to be at no ex- 
pense for same—sewers and drains 
deemed private—may be acquired by 
city—special taxation therefor au- 
thorized — connections with other 
sewers, compensation for, at option 
of city. 


28. Improvement ordinances to contain 
specific appropriations—-work may 
be done in parts, but ordinance to 
provide for the whole and appro- 
priations shall be made for each 

SPECIAL TAX BILLS. part—contract provisions — suspen- 

sion of work on complaint—B. P. TI. 


24. Special tax bills—how made out, reg- to examine and report—costs 


istered and delivered—place of pay- 


ment to be designated. STREET SPRINKLING. 

25. Special tax bills to be a lien on prop- 29. Street sprinkling authorized by ordi- 
erty—collected in name of contractor nance—special tax bills therefor is- 
—interest—city marshal to serve sued in favor of city—contracts 
notice—action for false returns—suit made annually by B. PB. I.—sprink- 
by attachment against non-resident ling districts—duate of special tax 

certified tax bill prima facie lien—interest — cost of sprinkling 
evidence — defenses — city not to paid out of city treasury and city 
De soitable on special’ tax -.bills—— reimbursed by special tax bills. 


Section 1. Streets to be established—lots, ete., to conform to 
established streets—map or plat of new blocks, lots, ete., to 
bear certificate of responsible surveyor, be approved by B. P. 
I. and refer to established landmark, otherwise cannot be re- 
corded—dedication of public use of streets, alleys and public 
places.—The Municipal Assembly shall by ordinances recommended by the 
Board of Public Improvements, established from time to time such streets as 
may be necessary to provide public thoroughfares for free and convenient 
traffic and communication between different parts of the city, and after 
such establishment, by ordinance, and after proceedings for the opening of 
such streets have been commenced, owners of property desiring to sub- 
divide into blocks, lots, or sub-lots, shall conform their sub-divisions to such 
established streets. In all cases when any lands within the city are here- 
after sub-divided or laid out in blocks, lots, or sub-lots, the map or plat 
thereof shall bear the certificate of a responsible surveyor, to the effect that 
the streets thereon represented are correctly shown and located, and they 
shall be designated as streets, if they have been or are dedicated or opened 
according to law, or as proposed streets if such opening is incomplete. Said 
map or plat shall be submitted to the Board of Public Improvements for 
its approval. No such map or plat, or deed or instrument containing such 


380 CHARTER OF THE CITY -OF ST. LOUIS. [ART. VI, Sec:.1. 


map or plat shall be recorded in the Recorder’s office of the City of St. 

Louis, or have any validity, until the approval of said board is endorsed 
thereon, and all such maps, plats or deeds dividing or sub- -dividing any 

block, lot or sub-lot, shall specifically state the initial ‘point of survey, which 
shall bear a designated relation to some known landmark or United States 
survey, and from which all measurements shall be made. It shall be the 
duty of the Recorder of Deeds to enforce this section before any person 
shall be permitted to record any such map, plat om deed. The city shall not 
be liable for damages for the taking of any building or improvement 
erected or made on a proposed street or alley after the map or plat showing 
same 1s recorded. The Board of Public Improvements shall have authority. 
to approve maps or plats of sub-divisions which fully dedicate to public 
use streets, alleys and public places and which are made as hereinbefore 
required. 


See note at end of this section. 


Limitations as to heavy hauling and business _ traffic— 
conditions. —The board shall also have authority to approve dedications of 
streets containing a limitation that heavy hauling and business traffic shall 
be excluded therefrom, in which case the entire cost of grading, improving, 
maintaining, repairing, cleaning and sprinkling of such streets shall be 
borne by and be assessable against the property fronting or bordering 
thereon, and the approval of said board shall so recite; but said board shall 
require, in both cases last above enumerated, that all such streets and al- 
leys be made safely passable before the map or plat making such sub- 
division and dedication shall be approved, recorded or accepted. 


Private places.—No map or plat embracing a private place shall 
be approved unless it conveys to the city the right to place, construct and 
maintain in such private place, sewers, sewer inlets, water mains, gas 
mains, underground conduits for electric wires, fire plugs, lamp posts and 
other conveniences for the public service and use of the city. 


Boulevards, conditions for the establishment.—The Municipal 
Assembly may, by ordinance recommended by the Board of Public Improve- 
ments, establish and open boulevards, or change existing streets into boule- 
vards, and fix the width thereof, and the manner of laying out and im- 
proving the same; and may. regulate the traffic thereon, and may exclude 
heavy driving thereon or any kind of vehicle therefrom, and may exclude 
and prohibit the erection or establishment or maintenance of any business 
house, or the carrying on of any business vocation on the property fronting 
on such boulevard, and may establish a building line to which all buildings, 
fences, or other structures thereon shall conform. And may provide for 
grading, improving, constructing, reconstructing, maintaining, cleaning, 
sprinkling, the planting of trees, shrubbery and other things of that de- 
scription and nature thereon, and the entire cost connected with all of said 
work on such boulevards shall be levied, assessed and collected as a special 
_ tax on the property fronting or bordering on such boulevard in the propor- 
tion that the linear feet of each lot fronting or bordering on the boulevard 
bears to the total number of linear feet of all property fronting or border- 
ing on the same, and the work of maintaining, repairing, cleaning and 
sprinkling may be contracted for annually, or for a term of years not ex- 
ceeding ten, by the Board of Public Improvements of the city at such time, 
and under such terms and conditions as shall be provided by ordinance, to 
be recommended by said board, and special tax bills for all work shall be 
made out in the name of the contractor and delivered to him, and his re 
ceipt taken for all claims against the city in the same manner as provided 


ART. Vi, Sec.1.) CHARTER OF THE CITY OF ST. LOUIS. 381 


by this Gltarter for other special tax bills, for doing public work: provided, 
that the special tax bills for maintaining, repairing, cleaning and sprink- 
ling shall be levied and assessed annually. All such special tax bills shall 
be prima facie evidence of the liability of the property charged therewith 
to the extent and amount therein specified. The Municipal Assembly shall 
not grant any franchise for the occupancy or use of such boulevard or any 
part thereof, except with the consent, in writing, of the owners of two- 
thirds in frontage of the property fronting or bordering thereon; provided, 
however, that for the establishment and opening of such boulevards, the 
procedure set out in this articie in reference to opening streets shall be 
pursued, except that the benefit district to be established by the commis- 
sioners shall be limited to the property fronting or bordering on such 
boulevard, and except that adequate compensation shall be allowed the 
owners of property fronting or bordering thereon, for damages occasioned 
by the establishment of a building line on such bouley ard, ya by limiting 
the use to which such property may be put by the owners thereof. 


See note below. 


Discontinuance of boulevards.—The Municipal Assembly may at 
any time repeal any ordinance establishing or opening a boulevard, or 
changing an existing street into a boulevard, and thereupon such boule- 

rard shall be and become a street in all respects like other streets of the 
city and the property abutting thereon shall be relieved from the restric- 
tions imposed by such ordinance; provided, however, that such an ordi- 
nance shall not be repealed Ww ithout the consent in writing of the owners of 
at least two-thirds in frontage of all the property fronting on such boule- 
vard, nor unless such repeal ‘shall be recommended by the Board of Public 
Improvements; and, provided further, that the procedure provided in this 
article for the establishing and opening of boulevards shall be pursued 
for the ascertainment and payment of damages and benefits resulting from 
such repeal; except that no compensation shall be allowed or paid to any 
person consenting to the repeal of such an ordinance. 


Other Charter Provisions on street openings see Art. IIT, sec. 26, clause 2; con- 
demning for other purposes: Art.. VI, sec. 12; Art. VII, sec. 4. 


Ordinance provisions on street openings, etc., and sewer condemnations: Rey. 
Code, Chap. 12, Art..1, sees. 876 7to $83 intlusive. 


This Charter provision is an amendment adopted at the election, Oct. 22, 1901, 
under ordinance 20444. 


The Power of Eminent Domain must be exercised strictly in accordance with 
the organie provisions, and every jurisdictional fact must appear affirmatively 
upon the face of the record: See authorities cited in note to sec. 2 of this article. 


The nature of the proceeding to open or widen a street and the effect thereof 
was discussed in Eyssell vs. St. Louis, 168 Mo. 607, and recently in the case of 
Brinckwirth vs. St. Louis (decided by the Supreme Court May 29, 1907, and not 
as yet reported) which expressly overruled the said FEyssell case. See also infra 
neve to sec. 25 of Art. VL 


The proceeding when consummated is a judgment, having the same incidents 
as other judgments; hence it was at first held that the benefits assessed against 
the property, evidenced by tax bills, may be recovered at any time within ten 
years, and no matters are reviewable which have not been preserved by excep- 
tions, and no new defenses can be made against the collection of the tax bills 
that were available in the first proceeding; but that ruling was overruled 
in part, and it is now held that suit can only be brought on a special tax bill 
duly issued in accordance with the legal requirements: See authorities cited in 
note to sec. 2 of this article. 


Elevations of alleys and streets—City Direetrix. Under the charter prior to 
amendments of 1901 it was held that sec. 1 of this article did not require the 
elevation of an alizy to be fixed by the assembly, but that the street commis- 


”) 


ad 


VHARTHER OF THE CITy OF FST. LOUIS. [ABT Vi, seu... 


sioner could do that as a ministerial matter: Weber vs. Johnson, 37 Mo. App. 
601. See the present provision in sec. 17 of this article as well as this section. 

In St. Louis elevations are determined by a point called the city directrix. See 
interesting discussion as to origin and location in note in McQuillin’s (unofficial) 
work “Amend. Charter,’ p. 303 and in Mun. Code, p. 254. 


How far opening and improvement of streets is legislative and how far min- 
isterial. The city acts in two capacities; first, governmental; second, ministerial. 
When it declares by ordinance that land embraced within certain lines is a 
public street, then, when the city obtains the title or easement either by gift 
or condemnation, it becomes a public street. But it is not then necessarily 
opened to the public for use. If after that an ordinance provides for the im- 
provement of the street so as to render it fit for use, even then it is not, by 
the mere passing of the ordinance, opened for use. So far the city acts in its 
governmental and legislative capacity. The whole street need not be in- 
cluded in the improvement, but so much and such parts as the legislative body 
in its discretion thinks proper. Nor is the city liable to an individual for neglect 
OL Vdutyeein SUCH ReCAnaeitiy: But, after the improvement ordinance is passed, 
the city undertakes the work of construction as in the ordinance required, its 
acts are ministerial and for neglect in the same, or keeping the same thereafter 
in repair, the city is liable: Ely vs. St. Louis, 181 Mo. 723; Ruppenthal vs. 
St. Louis, 190 Mo. 213. See also Hannibal vs. Campbell, 86 Fed. (C. C. A.) 297. 


In how far the municipal assembly is subject to review for fraud in the 
passage of an ordinance establishing a street see Kansas City vs. Hyde, 196 Mo. 
498, and other cases cited in introductory note to, Art. III, sec. 26. 


What is a street, highway or sidewalk, and what ineluded: A street, in the 
legal acceptation, includes the portion provided for passage of vehicles, and also 
the sidewalk provided for pedestrians: Seibert vs. Railroad, 188 Mo. 657, 671; 
Straub MLVvsioSty ous, Lib’ Momad3e i Karvappraewsto utile) COM VSi yeaa O a VEGlme 2 Oma os 


But it is sometimes used in a more restricted sense so as to include only the 
roadway: Knapp, Stout vs. Ry., 126 Mo.. 26, 35. 


Where the entire space from curb to lot line is set aside for a sidewalk, that 
portion thereof set apart for a grass-plot constitutes part of the sidewalk which 
the city must Keep in safe condition: Coffey vs. Carthage, 186 Mo. 573. 


The word ‘‘street’’ usually means a public street, not private ways though the 
public be permitted to use the same: Collier Est. vs. Paving Co., 180 Mo. 362, 388. 
See also Restetsky vs. Railroad, 106 Mo. App. 382, 388. See also Rev. Code, sec. 
1855. 


A municipal free bridge across the Mississippi River from St. Louis to the 
Illinois side is as much a highway as any other highway. and is for a muni- 
cipal purpose; and it seems that congress may grant power to the city, and 
has done so, to condemn property therefor situated in the other State: Haeussler 
vs. St. Louis, decided July 2, 1907 (Sup. Ct. Mo. in bane, not as yet reported). 


Distinction between streets and alleys: Dries vs. St. Joseph, 98 Mo. App. 611; 
Corby vs. Railroad, 150 Mo. 457, 468 (pointing out the functions of alleys); 
St. Louis vs. Lane, 110 Mo. 1. ¢« 258 (pointing out the reason of the difference 
in benefit districts although the specific provision in the charter as there con- 
strued has been amended). 


Property owners abutting on a street have in addition to the general use of 
the street common to the public, certain special rights peculiar to themselves, 
amongst which is the right of ingress and egress. 


This gives them a special right, not shared by the public, when such ingress 
and egress is interfered with to damages or other redress: See cases in note 
to what uses a street may be used for, Art. III, sec. 26, clause 2; also cases cited 
under same note on “vacating streets’; and see note to “nuisances” in Rev. 
Code, Chap. 11, Art. 12 (preceding sec. 584). See further Downing vs. Corcoran, 
112 Mo. App. 645, 649; De Geofray vs. Merch. Bridge, 179 Mo. 698; Ruckert vs. 
Grand Ave. Ry., 163 Mo. 1. c. 278; Dries vs. St. Joseph, 98 Mo. App. 611, 614; 
Corby vs. Railroad, 150 Mo. 457; Schopp vs. St. Louis, 117 Mo. 131; Stephenson 
vs. Ry., 68 Mo. App. 642; Thomas vs. Hunt, 134 Mo. 1. ec. 398. 


Ownership of fee: When lots abutting on a highway or platted street are sold, 
the purchaser takes title to the centre of the street, if the grantor owned that 


Area, Vas BEC. 1] CHARTER OF THE CITY OF ST. LOUIS. 383 


far, unless a contrary intention appears from the deed: Restetsky vs. Railroad, 
106 Mo. App. 382, 387; Grant vs. Moon, 128 Mo. 43; Snoddy vs. Bolan, 122 Mo. 
479 (a leading case in this State). 


In Missouri the abutting owner presumptively owns the fee to the centre of the 
street, subject only to the easement of the public; for all other purposes, not in- 
consistent therewith the owner has the full rights: Un. El. Co. vs. Ry., 135 Mo. 
353, 366. Thomas vs. Hunt, 134 Mo. 392, 399, 401. Snoddy vs. Bolan, 122 Mo. 483, 
488. Gordon vs. Peltzer, 56 Mo. App. 599 1. c. 604. 


A valid statutory dedication by plat, ete., operates to vest the fee in the city 
for public purposes and dispenses with the necessity of an acceptance by the 
public, and the dedicator cannot thereafter change the boundaries, ete. Brown 
vs. Carthage, 128 Mo. 10, 1. c. 17 and cases cited (holding that it made no differ- 
ence that there was a reservation of “trees and rocks” on the surface). 


But such fee in the city is only for public purposes, and it is not meant by 
the statute to vest in the city a right to dispose of it by deed, but only the con- 
trol of thé street, for the use of the public; subject to the public easement the 
owner adjoining owns to the centre of the street or alley: Union Elev. Co. vs. 
Ry., 135 Mo. 353, 366 and cases cited: Thomas vs. Hunt, 134 Mo. 392, 402-403. 


How Highways May be Established: A public highway may be acquired over 
property of a private individual by, frst a grant or deed; _ second, a dedication by 
plat or deed; /¢hzyd, by acts zm pais Which amount in law to a dedication: Rail- 
way vs. Railway, 190 Mo. 246, 253 and cases cited. 


For establishment of highway by condemnation, see note to next section of this 
article. 


A street railway may, by its acts im pazs, dedicate for street purposes a private 
right of way over which it is operating, and the city’s acceptance may be estab- 
lished by its acts, and thereafter it may authorize another street railway company 
to operate thereover: Railway vs. Railway, 190 Mo. 246. 


Common Law Dedication is effected where the owner has done an act which 
clearly indicates his intention to dedicate the street, and the city does an act 
clearly indicating its purpose to accept; in such case it is not necessary to show 
user, and limitation has nothing to do with the city’s title: McGrath vs. Nevada, 
188 Mo. 102. 


There can be no dedication without an intention so to do; permissive use to the 
public by the owner, by permission to drive or walk over the private way consti- 
tutes no dedication, no matter how long continued: Collier Est. vs. Paving Co., 
180 Mo. 362, 388. 


But where an owner holds out land as a street and sells lots according to the 
plat he is estopped from denying that it is as he held out: McGinnis vs. St. 
Louis, 157 Mo. 191, and cases cited; see also Longworth vs. Sederic, 165 Mo. 221, 
230. 


Dedication by Plat, ete.: Mere purported dedication to public use does not make 
a public street; there must be an acceptance in some manner by the city, such as 
public user for that purpose, though a formal acceptance is not necessary. Until 
public, and the dedicator cannot thereafter change the boundaries, ete.: Brown 
such acceptance there is no street. Skrainka vs. Oertel, 14 Mo. App. 474, 480; St. 
Louis vs. University, 88 Mo. 155, 158 (holding that there could be no acceptance of 
a dedication for a street outside the city limits); Milling Co. vs. Riley, 133 Mo. 
I. c. 584. 


Mere user by the public will not establish a street; and an approval of a plat, 
by the municipal authorities, of a proposed addition, filed in conformity with the 
statute, only goes to show that the same conforms to the general plan of the city, 
and is not an acceptance by the city of the proposed dedicated land as a street: 
Downend vs. Kansas City, 156 Mo. 60, 67. (For ordinance on how plats of sub- 
divisions to be submitted to B. P. I. see this section and also R. C. Sec. 1917.) But 
whether acceptance need be shown in case of statutory dedication or street by 
prescription, see Meiners vs. St. Louis, 130 Mo. 274, and cases there cited. And 
an acceptance by the city may be implied from any act tending to recognize it, 
though there be no ordinance of acceptance: Buschmann vs. St. Louis, 121 Mo. 
523; Heitz vs. St. Louis, 110 Mo. 618; Milling Co. vs. Riley, 133 Mo. 1. c. 585; 
Meiners vs. St. Louis, 130 Mo. 274. 


CHARTER OF THE CITY OF ST. LOUIS. [ART svi, Bec.1. 


As to what constitutes a statutory dedication, see Brown vs. Carthage, 128 Mo. 
10 (containing reservation); Buschmann ys. St. Louis, 121 Mo. 523 and cases cited; 
Heitz vs. St. Louis; 110 Mo. 618; Milling Co. vs. Reiley, 133 Mo. 574 (holding also 
that no one but the owner can make either statutory or common law dedication). 


Conveyance does not affect one not joining who holds a deed of trust on the 
land: McShane vs. Moberly, 79 Mo. 41. 


A defective statutory dedication by acceptance and user may become a good 
common law dedication: Heitz vs. St. Louis, supra, and cases therein cited; Milling 
Co. vs. Reiley supra; Longworth vs. Sedevic, 165 Mo. 221, 230. 


As to whether the fee goes to the city or remains in the owner of abutting 
property, see supra this note. 


Title in the city may be acquired by prescription, without dedication, by long 
use and acquiescence by the owner: See Meiners vs. St. Louis, 130 Mo. 1. c. 284; 
State vs. Walters, 69 Mo. 463; State vs. Proctor, 90 Mo. 334; Baumann vs. Boeckler, 
119 Mo. 189. 


Common law dedication gives the city the right not only to pass over the ser- 
vient land, but to enter and prepare it and keep in suitable condition for par- 
ticular use to which dedicated: yamble vs. Pettijohn, 116 Mo. 375. 


Title to public property not lost by adverse possession.—Since the statute of 
1865 (Rev. St. 1899, See. 4270) no person can acquire title by adverse possession to 
any part of a public street: St. Louis vs. Ry. 114 Mo. 13, 24; Columbia vs. Bright, 
179 Mo. 441: Wright vs. Donovan, 169 Mo. 601 (where the land had been taxed to 
such claimant against the city); State ex rel. vs. Vandalia, 119 Mo. App. 406, 423. 


But prior to that time it was otherwise: Crigler vs. Mexico, 101 Mo.App. 624. 


And the city may acquire title by adverse possession: Mitchell vs. Railroad, 116 
Mo. 81, 88 (alley); Baumann vs. Boeckler, 119 Mo. 189; State vs. Walters, 69 Mo. 
463; Longworth vs. Sedevic, 165 Mo. 221, 230-231. 


Conditional Conveyunces to Public Use.—B. P. I. has authority to approve maps 
or plats of subdivisions ‘“‘which fuzzy dedicate” streets, ete. 


A valid statutory dedication by plat, ete., vests the fee in the city, notwith- 
standing a reservation of ‘‘trees and rocks” on the surface, ete.: Brown vs. Car- 
thage, 128 Mo. 10, 17. 


A dedication on condition precedent can not take effect until the condition has 
been complied with, and if that is not done the land may be treated as unaffected 
thereby: St. Louis vs. Meier, 77 Mo. 13 (upholding its condemnation as in other 
cases); Creamer vs. McCune 7 Mo. App. 91; Kemper vs. Collins, 97 Mo. 644; Clark 
vs. Brookfield, 81 Mo. 5038; St. Louis vs. Cruikshank, 16 Mo. App. 495. 


A provision in a dedication that the property on streets to be opened shall not 
be subject to special taxation, is void; the city cannot make any such agreement: 
Vranaivs.. St) Woulsy los Vio. 4b: 


Where persons convey land to a municipality by ordinary deed for a pecuniary 
consideration without reservation of the use to which it is to be put, they will not 
be heard to contend that the property was intended to be used only for street 
purposes: Pickett vs. Mercer, 106 Mo. App. 689. 


Where an easement is created the title remains in the grantor and is freed 
from the easement on its abandonment, and if the title is conveyed on condition, 
reverts when the condition fails; but land dedicated to a particular use without 
reservation of right of re-entry on the diversion or abandonment of the use, may 
be used for any other purpose without re-investing the grantor’s title; relief to 
compel the execution of the trust should be sought: Hand vs. St. Louis, 158 Mo. 
204, citing and distinguishing numerous city cases. 


Proprietors dedicating land to public use remain for all other purposes the 
owners, and the city cannot divert the property to a private use in violation of 
the trust: Cummings vs. St. Louis, 90 Mo. 259. ; 


Nor when dedicated for one public use can it be diverted to another: Belcher 
Cox VS; Stil. (Gy Coms2eMos 21° s)e9) 01 mviOaeL JOE 


ART. VI, Sec. 2.| CHARTER OF THE CITY OF ST. LOUIS. 38H 


Land conveyed to be used as a market place and so long as so used, and when 
it ceased to be so used to revert to donor, the donee (city) to reconvey, is held by 
the city not as determinable fee, but on condition subsequent, and though con- 
dition broken, estate is not defeated before entry by donor: Adams vs. Lindell, 
72 Mo. 198, affirming s. c. 5 Mo. App. 197. But where the covenant is that the 
land shall revert and grantee reconvey when the city ceases to use same for 
market, an abandonment gives a right of re-entry, the grantor retaining the fee: 
Baker vs. St. Louis, 75 Mo. 671, affirming s. c. 7 Mo. App. 429. 


A dedication on condition that adjacent owners likewise dedicate is not con- 
summated until such condition is complied with; St. Louis vs. Meier, 77 Mo. 13, 
18-19. 


Boulevards: An ordinance providing that all houses fronting on a certain street 
shall be used for residences only, and no business avocation shall be allowed 
therein, is void as an invasion of personal rights: St. Louis vs. Dorr, 145 Mo. 
466, 472, 485; and an act of the legislature providing for establishing a building 
line by the city to which all buildings must conform, without providing for com- 
pensation, is unconstitutional: St. Louis vs. Hill, 116 Mo. 527. 


A distinction is made under the charter in the method of paying for repairing, 
ete., between streets and boulevards, etc.: See Sec. 18 of this article. 


CONDEMNATION PROCEEDINGS. 


Sec. 2. Form of Petition—Commissioners to assess damages 
—parties defendant. the Assembly shall provide, by or- 
dinance, for establishing, opening, widening or altering any street, avenue, 
alley, wharf, market place or public square, or route for a sewer, water 
course or water pipe, or for other public improvements, on recommendation 
of the Board of Public Improvements, and it becomes necessary for that 
purpose to appropriate private property, the City Counselor, in the name 
of the City of St. Louis, shall apply to the Circuit Court of the Kighth Ju- 
dicial Circuit, or to any one of the judges in vacation, by petition setting 
forth the general nature of the improvement proposed to be made, the 
names of the owners of the several lots or parcels of land, if known, or if 
unknown, a correct description of the parcels whose owners are unknown, 
and praying the appointment of three disinterested commissioners, free- 
holders of property in said city, to assess the damages which said owners 
may severally sustain by reason of the appropriation and condemnation of 
such real estate by the city, for any of the purposes aforesaid, to which 
petition the owners of such lots or parcels of land embraced in the proposed 
improvement shall be made parties defendant by name, if the names are 
known, and by description of the land of unknown owners. If the pro- 
ceedings seek to affect the lands of persons under guardianship, the guar- 
dians must be made parties defendant; if the lands of married women, their 
husbands must be made parties defendant. If the possessor of land to be 
affected has an estate less than a fee, the person having the next vested es- 
tate in remainder or reversion must, if known, be made a party defendant. 
It shall not be necessary to make any persons parties defendant in respect 
to their ownership, unless they are in actual possession of the premises to 
be affected, or have a title to the premises appearing of record upon the 
proper records of the city. 


This is an amendment adopted at the charter election of October 22, 1901. 
Condemnation for water works purposes: see Charter Art. VII, Sec. 4. 


Ordinances on street and sewer condemnations and street openings, see Rev. 
Code, Secs. 876-883. 


What are street purposes, such as authorize an ordinance of condemnation, see 
Kansas City vs. Hyde, 196 Mo. 498 and other cases cited in note to Art. III, Sec. 26, 
paragraph 2. 


386 


CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 2. 


Right to Condemn.—‘‘The Charter provisions of St. Louis and Kansas City as to 
condemnation proceedings have been so often before this court, and have never 
been held to be out of harmony with the constitution and laws, that a declaration 
at this late date that said cities were without such a power, and that these charter 
provisions were ultra vires, would invite a flood of litigation. .. . We 
think it was properly ruled that the special charter superseded the einernl stat- 
utes where the two conflicted as to a mere municipal regulation, and we hold 
that condemnation proceedings to acquire lands for streets, parks, waterworks, 
sewers and the like, clearly fall within municipal regulations. It follows that 
notwithstanding the charter did not follow the civil practice as prescribed in the 
code of practice ~ > = the Special” provisions, must. control. Kansasn Git 
vs. Oil Co., 140 Mo. 1. c. 472. 


The City of St. Louis had the right to provide, under the laws passed by Con- 
gress, by this State, by the Charter, and by its own ordinances for the free bridge 
across the Mississippi river from St. Louis to the Illinois side, and it seems it has 
the right to condemn property therefor, not only in the city, but in the State of 
Illinois, without the consent of the latter: Graves, J., in Haeussler vs. St. Louis, 
(July 2, 1907, not yet reported, following Luxton vs. North River Bridge Co., 153 
U. S. 525). Judge Lamm concurring in this proposition, Gantt expressing no opin- 
ion, Burgess not sitting, Valliant and Fox dissenting. 

The framers of the Scheme and Charter had power to confer jurisdiction in street 
opening proceedings upon the Circuit Court: St. Louis vs. Greeley, 14 Mo. App. 
578 (memo. opin.) St. Louis vs. Gleason, 15 Mo. App. 25 (reversed on another point, 
but approved in this: 93 Mo. 338; s. ec. 89 Mo. 67). See also St. Louis vs. Ranken, 
96° Mo. .).. ec. 504: 


Street openings begun under the old Charter after Nov. 22, 1876, and before March 
5, 1877, when it became known that the new Scheme had been adopted, were 
valid under the de facto principle: St. Louis vs. Stoddard, 15 Mo. App. 173; Adams. 
vs: Lindell, 72 Mo. 198) See on this point introductory note to Art, Ill, \sees 26; 


In proceedings of eminent domain in the opening of streets, every material re- 
quirement of the law authorizing such proceeding must be strictly complied 
with; and unless it affirmatively appear upon the face of the proceedings that 
every essential prerequisite of the law conferring the authority has been complied 
with, such proceeding will be void: St. Louis vs. Koch, 169 Mo. 587, loc. cit. 591, 
with citation of numerous cases; Spurlock vs. Dorman, 182 Mo. 242, 250; St. 
Louis vs. Gleason, 93 Mo. 33, 37-38; Schaffner vs. St. Louis, 31 Mo. 264; St. Louis 
Vs. Cruikshank, 163 Mo.App, J71co14 9% Statenexe rele ys. ta luO 11S mOnmelVL OmmeLiesemmel ela 


“It is the duty of the judicial tribunal to insist that every provision intended 
for: the ‘benefit “of “the “owner be, complied witha 6. ae Dem OgC emp re— 
scribed ‘must be strictly and guardedly complied with, although unreasonable 
nicety is not required:” St. Louis vs. Franke, 78 Mo. 41 (quoting Dillon). 


Where the ordinance must be recommended by the Board of Public Improve- 
ments, that is jurisdictional, and an ordinance without such is void: See author- 
ities cited in note to Sec. 17 of this article. 


The ordinance which was the basis of the proceeding cannot be amended and 
the proceedings continued thereunder, even before the present amendments: 
Shaffner vs. St. Louis, 31 Mo. 264. 


Where condemnation was authorized only in case no agreement could be 
reached, the proceedings must show this condition to be the case: Moses vs. St. 
L. Sec. Dock Co., 84 Mo. 242, 245; Graf vs. St. Louis, 8 Mo. App. 562; Leslie vs. St. 
Louis, 47 Mo. 474; Anderson vs. St. Louis, 47 Mo. 479. 


Provisions in a charter requiring the recommendation of a certain board of 
commissioners preliminary to an ordinance of condemnation are valid: Kansas 
City vs. Mastin, 169 Mo. 80, 93. 


The petition must allege the jurisdictional facts (see cases supra); and since a. 
valid ordinance is necessary to the jurisdiction of the court an ordinance which is 
to take effect on a certain condition is insufficient unless it be alleged and proved 
that the condition has been complied with: St. Louis vs. Cruikshank, 16 Mo. App. 
l. ce. 496-497. The passage of the ordinance authorizing a street improvement does 
not make out a prima facie case of compliance with precedent conditions, all of 
which must be alleged: St. Louis vs. Frank, 9 Mo. App. 579 (memo opin). 


ART. VI, Sec. 2.] CHARTER OF THE CITY OF ST. LOUIS. 387 


The names of the Known owners must be alleged; if unknown there must be pub- 
lication and a correct description of the land; Sieferer vs. St. Louis, 141 Mo. 586. 


Notice by publication valid, and what notice is sufficient: Kansas City vs. 
Mastin, 169 Mo. 80 1. c. 90. 


Conclusiveness and Effect of the Proceedings.—But the proceeding when con- 
summated is a judgment, having the same incidents as other judgments; hence it 
was held the benefits assessed against the property, evidenced by tax bills, may 
be recovered at any time within ten years; and no matters are reviewable which 
have not been properly preserved by exceptions; and it was: further at one time 
held that no new defenses can be made against the collection of the tax bills, 
that were available in the first proceeding: St. Louis vs. Annex Realty Co., 175 
Mo. 638, following Eyssell vs. St. Louis, 168 Mo. 607, where the nature of the 
proceeding is fully discussed by the court; but the decision in the Eyssell case 
was expressly overruled by the Supreme Court in this respect in the recent case 
of St. Louis vs. Brinckwirth (decided May 29, 1907, and at this writing not yet 
reported), which held that the first or condemnation proceeding was not broad 
enough to be a judgment warranting execution for the benefits found therein, 
but that the benefits could only be recovered by suit on the special tax-bill issued 
in accordance with the legal requirements; that the ruling in the Hyssell case in 
fact would make the court assess the tax, which the law requires the municipality 
to issue and perfect; the court will not uphold the doctrine that the law allows 
both the assessment and collection of taxes in a single suit, or confers on the 
court the governmental function of levying the tax; and the Eyssell case was 
overruled. 


When the court has taken final action upon the report, and the Assembly appro- 
priated money for the damages for the property taken, such assessment becomes 
final and conclusive upon the question of benefit to the tax-payers, the amount 
thereof, the lien attaches, and these questions cannot be relitigated in any sub- 
sequent suit that the city may find it necessary.to bring to enforce the lien in 
collecting the tax assessed; the only question that can be raised in such a suit 
is as to the validity of the assessment and levy: St. Louis vs. Ranken, 96 Mo. 
497; approved in St. Louis vs. Brinckwirth, supra. 


Nor can the defense be made inan action on the tax-bill that there was no com- 
pensation for land taken or damaged: Springfield vs. Baker, 56 Mo. App. 637, 640. 


Nor that the property was not subject to special taxation: Vrana vs. St. Louis, 
164 Mo. 146, 153. : 


The court having acquired jurisdiction over the parties and the ves in the con- 
demnation proceedings, every presumption is to be indulged in favor of the juris- 
diction of the court in a collateral proceeding; hence the question whether the 
city had, before the condemnation proceeding, acquired the property sought to be 
condemned, can only be tried in such proceeding, and not in a suit to enforce a 
special tax-bill for benefits or enjoin their collection: Buddecke vs. Ziegenhein, 
122 Mo. 239, 243-244; Michael vs. St. Louis, 112 Mo. 612; Vrana vs. St. Louis, 164 
NOs VAG S153; 


Under the rules relating to tax-bills for construction of streets, sewers, etc., the 
owner cannot contend in an action to enforce the bill that he has not been bene- 
fited, nor that there was no necessity for the work, etc.; but this is on the ground 
that such matters are legislative in character with which the courts will not in- 
terfere; while the rule that assessment of benefits in street opening cases cannot 
be reviewed is on the ground of ves judicata. (See ceses on former point cited 
hereafter in sec. 14 of this article.) 


Distinction Between Taking Property and Assessing Benefits, or Taxing for Local 
Improvements.—The opening of the street, and assessment of special benefits, are 
diffrent things, though had in one cause. But the proceeding by which pri- 
vate property is taken by the city for the public use by condemnation under the 
power of eminent domain, is distinct in character from that by which the city 
raises funds under the power of taxation (by way of assessing benefits) to make 
compensation for property so taken: St. Louis vs. Bus, 159 Mo. 9, 12. 


The distinction between taxing by assessment of benefitsagainst property under 
these sections and the taxing for local improvement such as construction of 
streets, etc. (infra, secs. 14 et seq. of this article), was pointed out in Eyssell vs. 
St. Louis, 168 Mo. 1. ec. 621, which was, however, overruled by the Supreme Court 
May 29, 1907 (not yet reported), in St. Louis vs. Brinckwirth. 


388 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 3 6. 


Special taxation is sustainable under the taxing power; and the constitutional 
provisions relating to the taking or damaging for public use apply to the power of 
eminent domain: Keith vs. Bingham, 100 Mo. 300; Springfield vs. Baker, 56 Mo. 
App. l. ec. 640. (See cases on special taxation in note to secs. 14 and 27 of this 
article.) 


Appeauls:—Jurisdiction on Appeal, Ete.: See note to sec. 10 of this article. 


Sec. 3. Notice to defendants—process to be served by City 
Marshal—notice by publicaton.—Upon the filing of the petition, a 
summons shall be issued, giving such defendants at least ten days’ notice 
of the time when said petition will be heard, which summons shall be served 
by the Marshal—who shall, for such purpose, be ex-officio an officer of 
the Circuit Court—in the name and manner as writs of summons are, or 
may be, by law required to be served. If the name or residence of the owner 
be unknown, or if the owners, or any of them, do not reside within the State, 
notice of the time of the hearing the petition, reciting the substance of the 
petition, and the day fixed for the hearing thereof, shall be given by publi- 
cation for four weeks, consecutively, prior to the time of the hearing the 
petition, in the newspapers publishing the journal of the Assembly. 


Parties: Under the old Charter, the notice required by the Charter was not 
waived by a recital in the journal of the triers of the fact that the parties ap- 
peared: “The appearance of the mostly interested cannot affect the others”: 
Shaffner vs. St. Louis, 31 Mo. 1. c. 273. 


One not served is not bound: Moses vs. St. L. See. Dock Co., 84 Mo. 242. 


Under the present Charter, known parties must be alleged; if unknown, there 
must be publication and a correct description of the land must be set forth: 
Sieferer vs. St. Louis, 141 Mo. 586. 


One who is withinthe benefit district and hence assessable for benefits to become 
a lien on his property, but whose property is not taken for public use, need not 
be made a party to the original summons; he has his notice and hearing at a 
later stage of the proceedings: St. Louis vs. Ranken, 96 Mo. 497, 505, ef seg.: 
Buddecke vs. Ziegenhein, 122 Mo. 239, 2438. .And the fact that such notice is by 
publication ‘“‘does not militate against the validity of the assessment:’” per Mar- 
shall, J., in Eyssell vs. St. Louis, 168 Mo. loc. cit. 616, and cases cited there. But 
if the notice is insufficient to identify the district or property to be benefited (as 
where there are two alleys to be opened in one block, and the notice refers to 
an alley), the property owner is not bound: St. Louis vs. Brinckwirth, decided 
May 29, 1907, by the Supreme Court (not at this writing reported). That the same 
summons is not required, results from the difference between the power of emi- 
nent domain exercised in the taking of property for the public purpose of open- 
ing the street and the taxing power exercised in assessing the special benefits 
resulting therefrom: See note to preceding section. 


Sec. 4. Court shall appoint three freeholders as Commis- 
sioners,to assess damages; qualifications—mayjority may act and 
report.—The court, or a judge thereof, in vacation, on being satisfied 
that due notice of the pending of the petition has been given, shall appoint 
three disinterested commissioners, freeholders of property in said city, and 
residents of the city for five years next preceding their appointment, to 
assess the damages which the owners of the land may severally sustain by 
reason of such appropriation. Provided, however, that a majority of 
said commissioners shall have full power and authority to act and make a 
report. 


Amendment adopted at election of Oct. 22, 1901, under ordinance 20444. 


Sec. 5. Duty of Commissioners as to damages and benefits 
—assessment of benefits to be a lien against property—opening 
of alleys.— It shall be the duty of the commissioners to ascertain the 


ART. VI, Sec. 5.] CHARTER OF THE CITY OF ST. LOUIS. 389 


actual value of the land and premises proposed to be taken, without refer- 
ence to the projected improvement, and to ascertain the actual damages 
done to the property thereby, and for the payment of such values and dam- 
ages to assess against the city the amount of benefit to the public generally, 
and the balance against the owner or owners of all property which shall 
be especially benefited by the proposed improvement in the opinion of the 
commissioners, to the amount that each lot of said owner shall be benefited 
by the improvement. ‘The sums to be paid by the owners of property espe- 
cially benefited by the improvement, as ascertained by the commissioners, 
shall, when the report of the commissioners shall be confirmed by the court, 
as hereinafter provided, be prima facie evidence of the liability of the prop- 
erty charged therewith to the extent and amount therein specified, and shall 
be and remain until paid, a lien from the date of the final judgment of the 
Circuit Court on the property so charged, and shall be collected as provided 
by ordinance, and when collected shall be paid into the city treasury as a 
separate fund to be used exclusively for the payment of the damages 
awarded; provided, however, that in the opening of an alley the benefits 
shall be paid by the owners of such lots in the block in which the alley is 
opened as are afforded access by such alley. 


This is an amendment adopted at the Charter election of Oct. 22, 1901, under 
ordinance 20444. 


Lien: As to the right of the city to create a lien on private property being de- 
pendent on strict compliance with legal provisions, see note to sec. 25 of this 
article. 


It was at one time held that the fact that sec. 5 provides that the assessment 
shall be a lien, did not show that it contemplated any special tax-bill at all or 
any subsequent suit; and the right to recover the amount was held not barred in 
five years, but in ten, as any other judgment, and the lien of that judgment ex- 
pires in three years, like any other judgment lien: Eyssell vs. St. Louis, 168 
Mo. 607, 619, followed in subsequent cases. It therefore followed that execution 
could be had without any special tax-bill. But the decision in the Byssell case 
was expressly overruled in so far as it held that execution or scire facias could 
be issued for benefits assessed in the original condemnation proceeding, or that 
suit need not be brought on a special tax-bill thereafter regularly issued in ac- 
cordance with the legal. provisions governing the same: St. Louis vs. Brinck- 
wirth, (Sup. Ct. May 29, 1907, not as yet reported). 


Right to Jury or Board of Freeholders: See note to sec 7, rnfra. 


Damages: A railroad company is not entitled to have assessed as damages cer- 
tain structures and fixtures which a valid ordinance required it to put in at its 
own expense as a condition of its franchise: Kansas  CltvealvVSy wkailroads) Lot 
Mo. 146. 


If a lessee is conducting a business on the premises, which wii! be broken up or 
interrupted by the taking of the property for public use, he is entitled to com- 
pensation: St. Louis vs. Abeln, 170 Mo. 318, 326, citing Missouri authorities. 
But the damage should be separately assessed and not adjusted by deduction from 
the sum allowed the landlord: St. Louis vs. Abeln, 170 Mo. 318, 326. 


It was held that (under the act of 1875, p. 319) where the commissioners report 
that the improvement standing on the property should remain until removed, and 
it appears that no allowance for such improvement was made, as was required 
if it was included, the city acquired the right only to the land and not the build- 
ing thereon: St. Louis vs. Ins. Co., 90 Mo. 135 (this building still remains as an 
obstruction on west side of Jefferson and Morgan streets). 


Where the damages assessed are just and reasonable, that they exceed the value 
of the property is not fatal: St. Louis vs. Frank, 9 Mo. App. 579 (memo. opin.). 
Other cases on questions of damages, see: 77 Mo. 138: 112 Mo. 861; 139 Mo. 315; 
197 Mo. 392: 198 Mo. 698; 77 Mo. 13; 124 Mo. 129; 89 Mo. 646. And see remarks 
and eases cited in Martin vs. St. Louis, 139 Mo. loc. cit. 258. 


Benefits: A conditional dedication where the condition has not been complied 
with is of no effect: and the owners of land cannot avoid assessment of benefits 


390 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 6-7. 


by consenting to an opening through their lands on condition that no benefits 
be assessed and an acceptance by the commissioners of such offer is illegal, as 
tending to render the benefits assessed against others unequal: St. Louis vs. 
Meier, 77 Mo. 13. 


Benefits cannot be assessed in gross upon several contiguous lots and recovery 
cannot be had upon a tax-bill issued upon such an assessment: St. Louis vs. 
Provenchere, 92 Mo. 66, citing and approving several cases from the Court of 
Appeals so holding. id 


One whose land is not taken for public use, but who is within the benefit district, 
so that a lien for benefits assessed may be charged thereon, need not be included 
as one of the original defendants summoned; with respect to the question of 
benefits he has notice and an opportunity to appear and be heard in the method 
pointed out by Charter and ordinance (now secs. 878 et seq. of R. C., requiring 
notice also by publication): St. Louis vs. Ranken, 96 Mo. 497; Buddecke vs. 
Ziegenhein, 122 Mo. 239, 243 (both holding that a special tax-bill for benefits 
could not be attacked on that ground); and the fact that only notice by publica- 
tion is given does not militate against the validity of the assessment: lEyssell 
vs. St. Louis, 168 Mo. loc. cit. 616 and cases cited. But if the notice is not suf- 
ficient to identify the property to be affected or the benefit district (as where 
there are two alleys in one block and the notice does not designate which of 
the two are to be considered at the sitting of the commissioners), the owner is 
not bound by the notice or proceeding: St. Louis vs. Brinckwirth (Sup. Ct. May 
29, 1907, not at this writing reported). 


Under the former law the rule was different and notice and summons was re- 
quired in the same manner as those whose lands were condemned: State ex rel. 
Vise CaelaOU IS 0) eel VLOn mil on 


Assessment of benefits against the property of one whose property is within a 
benefit district but no part of whose land is taken for such street, is a legitimate 
exercise of the taxing power: St. Louis vs. Speck, 67 Mo. 403. 


Damages and Benefits Under Former Superseded Charters: See Shafner vs. St. 
Louis, 31 Mo. 264; McKee vs. St. Louis, 17 Mo. 184; Garrett vs. St. Louis, 25 Mo. 
505. 


Grading and Changing Grade of Streets and Alleys: See note to sec. 19 of this 
article. 


In Opening of Alleys, benefits shall be paid by the “owners of such lots in the 
block as are afforded access,” ete. Under the former provision they were to be 
paid by the “owners ef property in said block abutting on the proposed alley,” 
which was held to include all owners of abutting property on an alley as com- 
pleted, which was a continuation of one theretofore partly opened through the 
block: St. Louis vs. Lane, 110 Mo. 254. 


Sec. 6. Commissioners’ report to be under oath—damages 
and benefits to be separately stated.—When the Commissioners 
shall have viewed the property, and assessed the value and damages and 
benefits, they shall make their return of such assessment, in, writing and 
under oath, to the Circuit Court, which shall be filed by the clerk thereof. 
In making such report, the value and damages allowed to each owner, and 
the benefits assessed against each individual shall be separately stated. 


See. 7. Report may be reviewed on exceptions—Court may 
order new appraisement, ete.—The report of said Commissioners may 
be reviewed by the Circuit Court on written exception filed by either party in 
the Clerk’s office, within ten days after the filing of such report, and the 
Court shall make such order therein as right and justice may require, and 
may order a new appraisement upon good cause shown; but the hearing of 
such exceptions shall be summary, and the Court shall fix a day therefor 
without delay, upon the filing of any such exceptions, or within ten days 
after the expiration of the time given said city to report the same to the 
Assembly as’ hereinafter provided. 


On Exceptions to the Report, the latter is presumptively correct; the proceeding 
to review is not entirely de novo and, while the court must hear evidence as to 


ART. VI, Sec. 8.| CHARTER OF THE CITY OF ST. LOUIS. 391 


the correctness of the valuation of the commissioners, the latter will not be 
disturbed unless clearly shown to be inadequate or excessive: St. Louis vs. 
Abeln, 170 Mo. 818, and cases referred to in the opinion. 


And a fortiors the Supreme Court will not disturb the findings of fact by the 
circuit court in affirming the report: St. Louis vs. Wetzel, 110 Mo. 260, 264-265. 


On exception the commissioners are competent witnesses: St. Louis vs. Abeln, 
170 Mo. 318. 


The owner against whom benefits are assessed may except to the report on the 
ground that the ordinance upon which the proceeding is founded is void: St. 
Louis vs. Cruikshank, 16 Mo. App. 495. 


Exceptions may be filed by leave of the court after ten days, if good cause is 
shown, and by contesting such exceptions the city waives the irregularity after an 
adverse ruling: St. Louis vs. Weber, 140 Mo. 515, 521. 


But probably, if improperly filed out of time, such exceptions, as in other cases, 
may be stricken out: See St. Louis vs. Lang, 131 Mo. 1. ec. 421. 


Modification of Report: The court may modify the report under this section by 
cutting down the benefit assessed and adding the amount to that assessed against 
the city, and this is not a violation of the landowner’s right to have damages as- 
sessed by a jury or commission of freeholders: St. Louis vs. Lawton, 189 Mo. 
474. The court may cut down or modify as to some or all, the assessment of 
benefits; but not as to the damages; and the action of the court with respect to 
the assessments of benefits in ordering a new appraisement or not is largely 
discretionary, and the appel ate courts will only set same aside in case of abuse: 
St. Louis vs. Buss, 159 Mo. 9; St. Louis vs. Lawton, supra. 


Jury: Since the Constitution of 1875 an incorporated company, (such as a rail- 
road company) interested either for or against the exercise of the right of emi- 
nent domain (but not private citizens nor municipal corporations) may demand 
a jury to try the cause: St. Louis vs. Roe, 184 Mo. 324, distinguishing Kansas 
City vs. Smart, 128 Mo. 272, and other cases. 


With respect to awarding damages as compensation for property taken in con- 
demnation for street purposes, the owner under the constitution is entitled to 
have same determined by a jury or board of not less than three freeholders, as 
may be prescribed; but with respect to assessment of special benefits to the 
owner’s lots resulting from the street opening, the constitutional provision does 
not apply, but the Charter provides that they be ascertained by the commission- 
ers, subject to the power of the court to review their appraisement and modify 
same; and such modification is not an impairment of the right to a jury: St. 
MOgismySr bUSSe loge MO. oe Loy 


The proper amount of compensation for private property taken for a public use 
cannot be fixed by the legislature. What is just compensation must be deter- 
mined by a jury or appraisers: Co. Ct. vs. Griswold, 58 Mo. 175, 199. 


See. 8. Cost of proceedings—Commissioners each allowed 
$3 a day.—The cost of the proceedings, up to and _ including the 
filing of the report of the commissioners, shall be paid by the city, and as to 
any costs caused by subsequent litigation, the cost shall be paid by the los- 
ing party. The commissioners shall each be allowed three dollars a day in 
full compensation for their services. 


Amendment adopted at charter election on Oct. 22, 1901 (submitted under ordi- 
nance 20444). 


For ordinance provision see Rev. Code, sec. 882, and note thereto. Before the 
amendment, when the provision was that there should be a “reasonable com- 
pensation” it was held that an ordinance fixing a definite sum of three dollars 
per day, was void, the compensation being required to be ascertained by the 
court: Green vs. St. Louis, 106 Mo. 454. 


Payment of costs to filing of report does not include attorneys’ fees, expert 
witnesses, developing character of deposit on lands, ete., but only the ordinary 
fees: St. Louis vs. Meintz, 107 Mo. 611. And see further on this point the 
recent cases cited in the next section, discussing what are costs where the 
proceeding is dismissed by the city, etc. 


392 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 9-10. 


Sec. 9. Report of Commissioners to be submitted to Assem- 
bly—report stands approved if no action taken within time lim- 
ited —on disapproval of report, Court shall set aside same and 
order new assessment—withdrawal of proceedings by City, con- 
ditions.—Upon the report of said Commissioners being’ filed in the Circuit 
Court, or with the Clerk thereof, the Court shall give to the City of St. Louis, 
upon application of the City Counselor, reasonable time to report the result of 
the same to the Assembly for its information and approval, during which 
time no action will be had in or by said Court upon said report; and if the 
Municipal Assembly fails to act upon such report within the time limited, 
said report shall be deemed approved, but if during said time limited the 
Municipal Assembly disapprove said report of said Commissioners, the said 
Court shall set aside said report and order a new assessment of damages 
and benefits, and the City of St. Louis shall have the right, at any time 
before the final confirmation to said report, to dismiss and withdraw said 
proceedings on payment of the costs thereof. Should the city dismiss or 
withdraw any proceedings for condemnation after the report of the Com- 
missioners has been filed, no action for such condemnation shall be had for a 
period of ten years next thereafter, unless upon the petition of the owners 
of three-quarters of the property fronting on the line of the proposed im- 
provements, or upon payment, by the city, of the entire value and damages, 
such as aforesaid. 


This section is as amended at the charter election on Oct. 22, 1901. Amendment 
submitted by ordinance 20444. 


The disapproval of the commissioners’ report by the assembly does not of 
itself operate as a dismissal of the case, and a dismissal in court is required 
to end the cause: St. Louis vs. Lawton, 189 Mo. 474, 488. 


The object in permitting the city to dismiss after the report, giving the city 
counselor time to report to the assembly, ete., is to enable the cost of the 
improvements to be ascertained and if too great to permit the public to abandon 
the same, and as a result the city cannot again tie up the property by another 
proceeding except on the terms pointed out: Eyssell vs. St. Louis, 168 Mo. 607, 
617. A refusal by the municipal assembly to appropriate the damages assessed 
operates to dismiss the proceedings: See note to next section (sec. 10). 


Upon dismissal by the city of the condemnation proceedings, the city (though 
it is to pay costs) is not liable to the land owner for attorneys’ fees, expert 
witness fees. etc., incurred in defending the case and protecting his rights, 
unless it is alleged and proved that the proceedings were needlessly, wrongfully 
and vexatiously continued against the land owner’s protest when within the 
power of the city to dismiss and avoid such injury: Lester Real Co. vs. St. Louis, 
170 Mo. 31; Brewing Ass’n vs. St. Louis, 168 Mo. 37, and cases cited. See as to 
costs up to filing of report of commissioners the preceding section, and note 
thereto. 


Voluntary -dismissai is not evidence of wrongful institution of such proceed- 
ings: Simpson vs. Kansas City, 111 Mo. 237. 

Under a charter permitting the repeal of the ordinance providing for the 
proposed improvement it is held that in such case when new proceedings are 


brought the former assessment of benefits and damages is without any effect: 
Kansas City vs. Mulkey, 176 Mo. 229. 


Refusal to proceed by the city leaves the court nothing to do but dismiss the 
proceedings: St. Louis vs. Weber, 140 Mo. 515, 522-523. 


Sec. 10. Final action of Court to be reported to Comptroller, 
who shall furnish copy to Assembly—appropriation to pay dam- 
ages—failure to appropriate to operate as a bar for ten years. 
When the report of the Commissioners shall have been approved, or final action 
taken thereon by the Court, the Clerk of the Circuit Court shall make a certified 
eopy of the report, and the final action of the Court thereon, and deliver the 


ART. VI, Sec. 11.] CHARTER OF THE CITY OF ST. LOUIS. 593 


same to the City Comptroller, who shall forth with record the same in a 
book, to be provided for that purpose. It shall be the duty of the Comp- 
troller, as soon as the same is recorded, to furnish a copy thereof to the 
Assembly, and the Assembly shall, at its first session thereafter, make an 
appropriation for the payment, out of the city treasury, of all damages as- 
sessed in favor of the owners of property appropriated, and the City Treas- 
urer shall cause the same to be paid to the parties entitled thereto, re- 
spectively, or into court for their use, as provided by ordinance. Any fail- 
ure of the Assembly, within the time above stated, to make such appropri- 
ation, shall operate as a dismissal of such proceedings, and no future action 
for such condemnation shall be commenced for a period of ten years, except 
as hereinbefore provided in case of a dismissal by the city. 
Conclusiveness of the proceedings is the same as in case of any other judg- 
ment. As to the effect thereof and what may not be retried in the proceeding 


to enforce a tax bill for benefits assessed see authorities in note to sec. 2. of this 
article. 


Appeal: Until the court acts finally upon the report of the commissioners no 
appeal can be taken: St. Louis vs. Thomas, 100 Mo. 223; see also 168 Mo. 1. c. 615. 
As to what is a final judgment in street opening case so as to authorize appeal, 
see State ex rel. vs. Klein, 140 Mo. 502; Martin vs. St. Louis, 139 Mo. 1. c. 261. 
See also St. Louis vs. Nelson, 169 Mo. 461. 


Appeal after interplea by contending claimants: See next section of this 
article. 


Compensation for damages cannot be claimed until final action approving the 
report: Whyte vs. Kansas City, 22 Mo. App. 409; and even thereafter a refusal 
of the municipal assembly to appropriate the money to pay the damages, oper- 
ates as a refusal by the city to take the property; and such appropriation must 
be by ordinance, subject to veto by the Mayor: Silvester vs. St. Louis, 164 
Mo. 601. 


Jurisdiction on appeal in condemnation proceedings is in the Supreme Court, 
as title to realty is involved, whatever may be the amount of damages awarded: 
iNansas City vs. Railroad; 187 Mo. 146; 151, and cases cited; Tarkio vs. Clark, 
186 Mo. 285, 294. 


But action on special tax bill against property does not involve title so as to 
confer jurisdiction on Supreme Court: Ross vs. Gates, 183 Mo. 338. See also 
State ex rel. vs. Smith, 177 Mo. 69. Unless a constitutional question is raised: 
Curtice vs. Schmidt, 101 S. W. 61, 64 (March, 1907) following prior cases. 


Sec. ll. City may deduct benefits from damages, and 
shall pay excess, or deposit in Court—interest disallowed, 
when—when title of property in dispute, damages paid into 
Court—improvements may proceed.—In all cases arising under 
this article, the city may deduct the benefits assessed against property 
owned by any person, or his assigns, from the damages allowed 
to such person, or his assigns, for the taking or damaging of any property 
owned by him or his assigns, and shall pay to him or his assigns, or into the 
court for his or their benefit, or recover from him or them the difference be- 
tween the damages and the benefits, as the case may be, and in no case shall 
the city be liable for interest on any award for damages after the same or 
the excess of the damages over the benefits shall have been paid into court 
as aforesaid; provided, however, that if the ownership of property con- 
demned be in controversy, the amount of the damage assessed for said 
property, less the benefits deducted as aforesaid, shall be paid into the 
court for the use of the successful claimant of the property; and provided, 
further, that after such payment to such party or parties, or into court for 
their benefit, the city may take possession of the property condemned and 
the improvement may be proceeded with. 


This is also an amendment as adopted at the charter election on Oct. 22, 1901. 


39% CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 12-14. 


Payment into court and ‘\interest—appeal after interplea by different claimants: 
St. Louis vs. Nelson, 108 Mo. App. 210. 


By Session Laws 1907, p.118, it was provided that in cities of over 100,000 the 
city could pay into court the money awarded as damages and take possession 
of the property and proceed with the improvement contemplated. 


If the ownership of the property is in dispute and the city wishes to avoid pay- 
ment of interest the money should be paid into court. Otherwise the city is re- 
quired to pay lawful interest for the time subsequent to the ascertainment of the 
value of the land taken; interest is allowable as in case of any other judgment, 
and not from the time the city takes possession: Martin vs. St. Louis, 139 
Mo. 246, 261, with discussion by the court. 


Where the ownership of the funds awarded in condemnation is in controversy 
the city has a right to pay same into court; and when the city is sued for 
the amount it may file an answer in the nature of interpleader and one claiming 
to be the owner may enter voluntary appearance and assert his claim: Hilton 
vs. St.- Louis, 99 Mo. 199. 


Under the charter of 1853 where the title to the land taken for street openings 
was in dispute between parties, no cause of action against the city accrued until 
the question of title was determined by the proper court: Soulard vs. St. 
Louis, 40 Mo. 144. 


Deduction of benefits from damages: Such provisions as above have been sus- 
tained: -State ex rel. vs. Kansas City, 89 Mo. 34, 40. 


Sec. 12. Condemnation of property for particular use.— When 
it becomes necessary for the city to condemn private property for other and 
different public uses than those already specified in this article, the As- 
sembly shall pass an ordinance to that effect, which shall set forth the pur- 
poses for which said property is required, and to which it shall be especially 
dedicated. The value and damages of said property shall be ascertained in 
the same manner as directed in this article in the case of opening streets, 
and the same shall be paid by the city to the owner or owners ‘of said prop- 
ery. 


As to condemnation for water works see Charter, Art. VII, sec. 4. 


A public park is such a public use as will authorize condemnation of private 
property to establish the same: See note to Art. VIIE sec. 1. So a wharf: See 
cases in head note* to Chapter 10 of Rev. Code. 


WATER AND GAS PIPE CONNECTIONS. 


Sec. 138. Board of Public Improvements to regulate.—The As- 
sembly shall provide by ordinance, that all connections with water or gas pipes 
shall be made subject to such regulations as the Board of Public Improve- 
ments may, from time to time, establish, and that before any such connec: 
tions are made a permit shall be procured from said board. 


For ordinances regulating water pipe connections see Rev. Code, secs. 2504-2527 
inclusive; as to gas pipe connections see Rev. Code, secs. 336, 898, 912-913, 163. 
Laying of water pipe see Charter, Art. VII, sec. 5. 


CONSTRUCTION OF STREETS, BOULEVARDS AND ALLEYS. 


See. 14. Ordinances for improvements of streets, ete., to 
originate with B. P. I.—Board to designate day for public 
meeting to consider improvements—notice, contents and time 
of publication—remonstrances against improvement, time 
of filing, ete., and action of Board thereon—two-thirds vote 
will overrule — Board to prepare and report to Assembly, 
ordinance, with reasons, in event of remonstrance—majority 
vote of Board sufficient in absence of remonstrance. 
—No ordinance for the construction or reconstruction of any street, ave- 


ART. VI, Sec. 14.] CHARTER OF THE CITY OF ST. LOUIS. 395 


nue, boulevard, alley or public highway of the city, shall be passed unless 
recommended by the Board of Public Improvements, as hereinafter pro- 
vided. The Board shall designate a day on which they will hold a public 
meeting to consider the improvement of any designated streets, avenues, 
boulevards, alleys or public highways by grading or regrading, by con- 
structing or reconstructing, by paving or repaving the roadway, including 
cross-walks and intersections, and shall give two weeks’ public notice, in 
the papers doing the city printing, of the time, place and matter to be con- 
sidered, stating in such notice the kind of material and manner of con- 
struction proposed to be used for the wearing surface of such improvement, 
naming more than one kind of material or manner of construction, if the 
Board deems it advisable so to do, and also the class of specification and 
plan for such work, which specification and plan shall be approved by said 
Board, and filed in its office. If within fifteen days after such public 
meeting, the owners of the major part of the area of the land made taxable 
by this article for such improvement, shall file in the office of the Board 
of Public Improvements their written remonstrance against the proposed 
improvement, or against the material or manner thereof, the Board shall 
consider such remonstrance, and if said Board shall, by a two-thirds vote, 
at a regular meeting, approve of the improvement, material or manner re- 
monstrated against, they shall cause an ordinance for the same to be pre- 
pared and report the same with the reasons for their action and the re- 
monstrance to the Assembly. If such majority fail to remonstrate within 
fifteen days or shall petition the Board for the im»vrovement, said Board 
may by a majority vote approve the same, and shall cause an ordinance to 
be prepared and reported to the Assembly therefor. 


See note at end of this section. 


Board may provide that work be guaranteed and Kept 
in repair for term of years.—In all cases the Board may include in 
such ordinance a provision that the work and material must be guaranteed 
and kept in repair by the contractor doing the work for a term of years to be 
specified in such ordinance. 

mee note.at end of this jsection. 


Special taxes to be levied and assessed according to frontage 
and area, appointment.—Special taxes for the improvements of streets, 
avenues and public highways shall be levied and assessed as follows: The total 
cost of grading and preparing the roadbed for the superstructure, placing 
foundation, curbing, guttering, roadway paving and cross-walks for the 
street embraced in the improvement, including all intersections of streets 
and alleys, shall be ascertained, and one-fourth thereof shall be levied and 
assessed upon all the property fronting upon or adjoining the improve- 
ment, in the proportion that the frontage of each lot so fronting or adjoin- 
ing bears to the total aggregate of frontage of all lots or parcels of ground 
fronting upon or adjoining the improvement, and the remaining three- 
fourths of the cost so ascertained shall be levied and assessed as a special 
tax upon all the property in the district to be defined and bounded as 
hereinafter provided, in the proportion that the area of each lot or parcel 
of ground or the part of such parcel of ground lying within the district 
bears to the total area of the district, exclusive of streets and alleys. 

See note at end of this section. 


Benefit districts for special taxation established, method. 
The districts herein referred to shall be established as follows: A line shall 
be drawn midway between the street to be improved and the next parallel 
or converging street on each side of the street to be improved, which line 
shall be the boundary of the district, except as hereinafter provided, name- 


396 CHARTER OF TEE, CLRY OFS Lh LOuLS: (ART. V1,.Se0. te: 


ly: If the property adjoining the street to be improved is divided into 
lots, the district line shall be so drawn as to include the entire depth of all 
lots fronting on the street to be improved. If the line drawn midway as 
above described would divide any lot lengthwise or approximately length- 
wise, and the average distance from the midway line so drawn to the nearer 
boundary line of the lot is less than twenty-five feet, the district line shall 
in such case diverge to and follow the said nearer boundary line. If there 
is no parallel or converging street on either side of the street to be im- 
proved, the district lines shall be drawn three hundred feet from and paral- 
lel to the street to be improved; but if there be a parallel or converging 
street on one side of the street to be improved to fix and locate the district 
line, then the district line on the other side shall be drawn parallel to the 
street to be improved and at the average distance of the opposite district 
line so fixed and located. Provided that if anv property in a district estab- 
lished as herein provided is not Hable to special assessment, the city shall 
pay the proportion of cost of the improvement which would have been as- 
sessed against such property. All of the property in the lots, blocks or 
tracts of land lying between the streets to be improved and the district 
lines established as above specified, shall constitute the district aforesaid. 


See note at end of this section. 


Special taxes for construction of sidewalks, apportioned by 
front foot rule.—The cost of construction of all sidewalks shall be appor- 
tioned as follows: The grading of all sidewalks, and the total cost of construction 
or reconstruction, paving or repaving, including the cost of preparing the 
ground for the superstructure, placing foundation and the wearing surface 
of all sidewalks and necessary intersections, shall be levied and assessed 
as a special tax upon each lot or parcel of ground abutting the sidewalk 
so constructed, reconstructed, paved or repaved in the proportion that the 
front feet of each lot or parcel of ground so abutting such sidewalk bears 
to the total linear feet of all the property abutting the improvement, and 
shall be collected as hereinafter provided. 


See notegat end of this section. 


Terms ‘reconstruction’ and ‘“repaving’”’ construed — 
partial improvements by reconstruction and repaving per- 
mitted—contracts for improvement of sidewalks) considered 
distinct from those of streets, ete. 
grading of streets.—The term (s) E coh imei ae A ‘‘repaving”’ 
as herein employed, shall be construed to give full power and authority 
to reconstruct or repave by removing the foundation, curbing, guttering, 
and wearing surface of the roadway paving, or only such portion 
of any or all thereof as the ordinance may prescribe, and thereafter from 
time to time, such street may be additionally improved if so ordered, by 
ordinance, and the cost of the additional improvement assessed as a special 
tax in like manner and to the same effect as the original improvement; and 
provided, further, that the roadway of streets, avenues, boulevards or pub- 
lic highways may be improved as herein provided, irrespective of sidewalks 
and the contracts therefor shall be deemed separate and independent of the 
contracts for the improvement of sidewalks. Provided, that nothing in 
this section shall be construed to prevent the city from constructing cul- 
verts and partially grading streets, to make them passable.in advanee of 
their improvement, at the expense of general revenue, or by the labor of 
prisoners in the workhouse. 


See note at end of this section. 


Special taxation for improvement of alleys.—The total cost of 
oerading, regrading, preparing the roadway for all the superstructure, placing 


ARTE Vi; See: 14.) CHARTER OF THE CITY OF ST. LOUIS. 397 


foundation and roadway paving of all alleys, shall be levied and assessed as a 
special tax upon all lots in the block in which the alley is located in the 
proportion that the area of each lot in such block afforded access by such 
alley bears to the total area of all the lots in such block so afforded access, 
and shall be collected as hereinafter provided. 


See note below. 


‘Lot’? defined.—The word ‘‘lot’’ as used in this section, shall be held 
to mean the lots as shown by recorded plats of additions or sub-divisions, 
but if there be no such recorded plat, or if the owners of property have 
disregarded the lines of lots as platted, and have treated two or more lots 
or fractions thereof as one lot, then the whole parcel of ground, or lots so 
treated as one, shall be regarded as a lot for the purposes hereof. 


Amendment: This section is an amendment passed at the charter election of 
Oeti goa. 9012 


Ordinance provisions upon street constructions and repairs (and preventing ob- 
structions), see Rev. Code, Chap. 12, Art. 2, sees. 884-940; see also as to duties 
of B. P. I. recommending ordinances R. C., secs. 1913, 1919; and what conditions 
to be contained in contracts let by board R. C., 270, 1919 e¢ seg. 


For distinction between exercise of eminent domain by taking property for a 
public use such as a street, and the exercise of the taxing power by raising 
funds to pay for property so taken; and also for distinction between issuance 
of tax bills for benefits because of street openings, and tax bills for public 
improvements, see note to sec. 2 of this article; see also Keith vs. Bingham, 
TOOMVMGswa0U Te ata mOUlLS VS. SUS aod MO. 95) lac Bureess Jc, in aeémans Const. Co. 
vs. Wabash (Sup. Ct. July 2, 1907, not at this writing reported). 


As to the strictness with which the legal conditions precedent to imposition of 
special taxation for street construction, etc., and the contract provisions, must 
be complied with, see in connection herewith note to sec. 25 of this article; 
as to same respecting street openings and benefit assessments therefor, see note 
to secs. 1 and 2 of this article. 


The validity of this section (14) was attacked as being unconstitutional on a 
number of grounds but it was sustained as valid in all respects: Meier vs. St. 
Louis, 180 Mo. 391, 408, and cases cited. 


Special assessments for public improvements are not referable to the power 
of eminent domain, but are referable to the taxing power and sustained there- 
under: Meier vs. St. Louis, 180 Mo. 391, 408; Independence vs. Gates, 110 Mo. 
374, 380 (the court pointing out that this species of taxation cannot be defended 
on logical grounds, but is upheld as a matter of law); Keith vs. Bingham, 100 
Mo. 300; Farrar vs. St. Louis, 80 Mo. 379 (with a review of the prior cases, the 
court holding that the city ‘‘might adopt any method in apportioning the cost 
which the legislature could adopt,” p. 393). In holding such special taxation 
valid, Burgess, J., in Heman Const. Co. vs. Wabash Ry., (Sup. Ct. July 2, 1907, 
not at this writing reported) says: ‘‘While a distinction is made between local 
assessments and taxes levied for general revenue purposes, in that an assess- 
ment for a local proceeding is not a tax within the meaning of the constitutional 
provision for uniformity of taxation, it is in a sense a tax, not however for 
the purpose of sustaining the government, but imposed upon individual property 
upon the theory that such property receives a special benefit different from the 
general one which the owner enjoys in common with others; in other words 
an assessment for benefits.” 


What property is subject to special taxation: State constitutional provisions 
on taxation are held to be inapplicable to special taxation: Meier vs. St. Louis, 
180 Mo. 391, 408: Farrar vs. St. Louis, 380 Mo: 379 (reviewing the cases); St. 
Joseph vs. Owen, 110 Mo. 1. c. 455; Adams vs. Lindell, 72 Mo. 198; see cases 
cited in Barber Asp. Co. vs. St. Joseph, 183 Mo. 1]. c. 458; Heman Const. Co. vs. 
Wabash R. R. (Sup. Ct. in bance, July 2, 1907, not yet reported). 


Hence the compensation clause under eminent domain for property taken, uni- 
formity clause, taxation according to value clause, etc., do not affect such legis- 
lation: See cases cited above, especially Meier vs. St. Louis (uniformity clause, 
etec.), Keith vs. Bingham (eminent domain and compensation inapplicable); Heman 
Const. Co. vs. Wabash, supra (uniformity clause, etc.) 


398 


CHARTER OF THE CITY OF ST. LOUIS. [LART. V1, Sec. 14; 


Constitutional provisions of exemptions from taxation do not apply to special 
taxation: = Clinton vs. COs elo lore bone 


Statutory exemption of a company or association from ‘‘all taxes’ does not 
include exemption from special assessments: Sheehan vs. Good Samaritan Hosp., 
50 Mo. 155; State ex rel. vs. Kansas City, 89 Mo. 34, 39; Railroad vs. Decatur, 
TREMP OI TS ARNE 


Church property is subject to it as any other: Lockwood vs. St. Louis, 24 
Mo. 20. 


The city cannot enter into an agreement that property shall not be subject 
to special taxation; such agreement is void: Vrana vs. St. Louis, 164 Mo. 146. 


Being “a public highway” does not exempt railway property: Nevada vs. Eddy, 
123 Mo, 546, 560." Heman Const. Coy vs: Wabash “Ri2Co., (Sup. Ct. inw banc» oulyez- 
1907, not at this writing reported); see also Railroad vs. Decatur, 147 U. S. 190. 


It was held by the court of appeals that the lien could not be charged against 
the abutting right of way of a railroad company (Sweeney vs. Railroad, 54 
Mo. App. 265. See also Bank vs. Haywood, 62 Mo. App. 265) but the Supreme 
Court in Heman Const. Co. vs. Wabash R. Co., supra, expressly overruled that 
case and holds that the railway property is subject to special taxation like 
any other. At the last session of the legislature an act was passed making 
the railroad property liable to special taxation in cities as in case of other 
property and persons: Session Laws 1907, pp. 92-93. 


So in case of Burial Grounds, Laws 1907, p. 86. 


But public property, held for public uses, is not subject to a special tax, since 
it cannot be held therefor, except in so far as the law making power so desig- 
nates: St. Louis vs. Brown, 155 Mo. 545, 560; Barber Asp. Co. vs. St. Joseph, 183 
Mo. 451, 455. 


The provisions of the U. 8S. Constitution are generally not applicable to protect 
against special taxation: French vs. Barber Asp. Co., 181 U. S. 394, reviewing 
the prior cases in that court, and affirming s. c. 158 Mo. 534, and explaining and 
interpreting the case of Norwood vs. Baker, 172 U. S. 269. In the last case 
(subject to the later modification as explained by the U. S. Supreme Court) the 
limits were pointed out beyond which the courts would annul special taxation 
as void for unconstitutionality where same was unreasonably oppressive in its 
operation. See vigorous dissenting opinions as well as majority opinions in 
both the above cases in U. S. Supreme Court. The limitations put on the 
Norwood-Baker case have been followed in subsequent decisions. 


A law is not unconstitutional because it makes it possible that the assessment 
for benefits is greater than the benefits can possibly be: Railroad vs. Barber 
NSO COLO), Th IBIS She Gand, hase; 


Front foot tax under former provisions upheld: Paving Co. vs. Peck, 186 Mo. 
506, 515-5162 Paving Co, vs. Munn, 185 Mo. b02, 563) (Kansase City) >) Hrenche vs. 
Barber Asphalt Co., 181 U. S. 324, affirming s. c. 158 Mo. 534; Heman vs. Gilliam, 
171 Mo. 258) 264-5 Marrarsvs, St. ouis.. SOMO. ol Seman de cases clled. 


Under the new charter amendment only one-fourth of the entire cost is assessed 
according to the ground fronting or adjoining on the improved street; this 
includes all lots abutting the improved street, whether the latter be the main 
street upon which they “front,” or a side street which they “adjoin,” and the 
pro rata is indépendent of the depth of the lot: Collier Est. vs. Paving Co., 180 
Mo. 362, 374. 


Area district: The validity of both the front foot and area district is settled 
beyond question: Collier Estate vs. Paving Co., 180 Mo. 362, 374; Prior vs. Const. 
Co., 170 Mo: 349, 448; and cases cited: WFarrar-vs. St. Louis, 80.-Mo. 379, 393 
(holding that the city “might adopt any method in apportioning the cost which 
the legislature could adopt’’); St. Joseph vs. Farrell, 106 Mo. 4387. 


The benefit district, under the new charter provisions, and the method of ascer- 
taining same, has received a full and elaborate discussion in the case of Col- 
lier Est. vs. Western Pav. Co., 180 Mo. 362, decided by the court in banc; the 
court points out the general midway line rule to be observed under the new 
provisions and under what conditions the same is altered by the exception thereto 
made. 


ART. VI, Sec. 14.] CHARTER OF THE CITY OF ST. LOUIS. 399 


The words “fronting,’ “adjoining” and ‘abutting’ as used in the amendment, 
are not synonymous: Collier’s Est. vs. Paving Co., supra. 


And in the exception to the ‘midway line” in the charter Seiten provides that 
“if the property adjoining the street to be improved is divided into lots, the 
district line shall be so drawn as to include the entire depth of all lots fronting 
on the street to be improved,” ete. The words “fronting on the street to be 
improved” refer only to the street on which the buildings fvont: Collier Est. vs. 
Paving Co., 180 Mo. 362; Meier vs. St. Louis, 180 Mo. 362, 410 (the court observing 
that it did not modify the case of Wolfert vs. St. Louis, 115 Mo. 139, in a case 
where applicable). 


Denmtion=or, lor.) Collier hst. vs. Paving) Co; 160) Mo. 362. 


The benefit district for platted lots (under the new charter) which lots end on 
the midway line, extends only to such midway line, although the owner dis- 
regarded the lot lines and for residence purposes use them as one lot extending 
beyond the midway line and from street to street: State ex rel. vs. Paving Co., 183 
Mo. 230; Collier Est. vs. Paving Co., 180 Mo. 362. 


Where the platted lots extend beyond the midway line the benefit district 
should include them to their entire depth, deviating to that extent: State ex rel. 
vs. Paving Co., 183. Mo. 230. 


Where the tract fronting the street is unplatted (or if so, the platting is un- 
recorded) only that part between the improved street and the midway line to 
the next parallel street should be included: State ex rel. vs. Paving Co., 183 
NMOmeso0se COllEerSteuvsa avin CO. sLS0.)) Mose 3625) Meier vs. St. Louis, 180 
Mo. 391. 


Under the old provision a judgment declaring liens against two lots, in aggre- 
gate, where suit brought on two bills against two different lots belonging to 
same person, is erroneous: Brockschmidt vs. Cavender (memo. opin.) 3 Mo. 
App. 568. 


And if several contiguous lots are treated as one lot the assessment is void 
and will not authorize a separate judgment as to each or against the whole: 
Christian vs. Taussig, 8 Mo. App. (memo. opin.) 602. 


Unless the two lots are used as one in which case they may be treated as one 
lot in assessing special tax bills against them, whether improved or not: Loevy 
vs. Const. Co., 64 Mo. App. 430; Hill O’Meara vs. Sessinghaus, 106 Mo. App. 
163, and cases cited. 


Actions on special tax bills, essentials thereof and incidents thereto, etc., see 
notes to sec. 25 of this article. 


The notice to the property owners of the proposed meeting of the board is 
sufficient when naming a day, hour, and place of meeting for the purpose of 
considering the matter of reconstructing with asphaltum certain designated 
streets, even though a particular kind of asphaltum had already been de- 
termined on: Verdin vs. St. Louis, 131 Mo. 26, 81 ef seg.; see Sherwood, J., on 
p. 158 ef seg. 


The notice to the property owners of the material to be used is sufficient, if 
the published notice refer to the specifications on file in the office of the board: 
Swift vs. St. Louis, 180 Mo. 80, 96. 


A notice required to be published a certain number of days may include Sun- 
days: Barber Asph. Co. vs. Muchenberger, 105 Mo. App. 47; Clapton vs. Taylor, 
49 Mo. App. 117, 126; Curtice vs. Schmidt (Sup. Ct., March, 1907) 101 S$: WwW. 62. 


Notice of the letting, see note to sec. 27 of this article. 


Owner concluded to dispute benefit or necessity of work: Where thetaxing dis- 
trict is fixed by valid legislation, as is also the apportionate of the cost, the 
owner of the property taxed cannot be heard to contend in court that his 
property was not in fact benefited, that being a legislative question: Meier 
vs. St. Louis, 180 Mo. 391, 409, and cases cited. To same effect: Prior vs. Con- 
struction Co., 170 Mo. 439, 451, and cases cited. (See also French VS. Asphalt 
Co., 181 U. S. 324; Railroad vs. Barber Asp. Co., 197 U. S. 430, 433.) 


Nor that there was no necesstty for the construction or reconstruction Of the 
pavement, that being a legislative question, not reviewable in the absence of 


400 


CHARTER OF THE CITY OF ST: LOUIS: [ART. VI, Sec. 14. 


bad faith: Heman vs. Franklin, 99 Mo. App. 346; Skinker vs. Heman, 148 Mo. 
349; Heman vs. Schulte, 166 Mo. 409; McCormick vs. Patchin, 53 Mo. 32 (holding 
the power to pave or re-pave is a continuing one to be exercised whenever the 
city thinks necessary); Heman vs. Ring, 85 Mo. App. 231, and cases cited. But 
as to when the courts will review the legislative action of the municipal as- 
sembly and how far, see authorities in note to Art. III, sec. 26, introductory 


thereto. 


Nor in an action on a special tax bill for benefits assessed on account of a 
street-opening or widening, can the defense be raised that there was no benefit, 
nor adequate compensation, nor any other question that could have been raised 
in the original cause; this is res judicata as to such matters: See cases on this 
point in note to sec. 2 of this article. 


And where an ordinance is fair on its face, objections as to methods adopted 
or that the ordinance is void for want of authority of the city, or for fraud or 
collusion, should be shown in a timely suit for injunctive relief: Heman ys. 
Ring, 85 Mo. App. 231. 


Maintenznece clause, er work guaranteed and Kept in repair by contractor: See 
notes to next section of this article. 


Special taxation for construction of sidewalks: As to general ordinance for 
width of sidewalks see R. C., sec. 899. The tax bill is not void because the 
ordinance does not prescribe the width of the walk, if the suit is not for the 
making thereof. The construction may be done by one contractor and the 
paving by another. Nor is the tax bill void if the President of the Board does 
not personally compute, levy and assess the cost, if he signs the tax bill: Heman 
Const. Co. vs. Loevy, 179 Mo. 455 (see s. c. in Court of Appeals: 64 Mo. App. 
MaGre 434) 2 


Determination of width of sidewalks cannot be delegated: Ramsey vs. Field, 
92 SOA WS ODO NGIMaAnSass CieveaGtUOtmeAD DE): 


Where the paving is to be done by separate contractors for different work (one 
for the street, the other for the sidewalk) the tax bills may be issued on the 
completion of either to that contractor: Heman vs. Loevy, 179 Mo. 455. 


Special taxation for abatement of nuisances: See Charter, Art. XII, sees. 6, 7; 
tev. Code, secs. 666, 667, 669. 


Partial completion insufficient: A city cannot partially complete the improve- 
ment called for by ordinance and issue tax bills therefor before full completion 
of the contract: Independence vs. Gates, 110 Mo. 374, 383; Heman Const. Co. vs. 
Loevy, 64 Mo. App. 1. c. 437-438 (reversed in 179 Mo. 455 supra, because there were 
two contracts and the bill was issued as to the completed work under the first, 
as indicated in the preceding paragraph of this note); McGrath vs. Clemens, 49 
Mo. 552. 


But of course this applies to the partial fulfillment of the contract; the city 
has in its legislative discretion the right to provide for the improvement of such 
parts of a street and at such times, as it sees fit: Moran vs. Lindell, 52 Mo. 229; 
Stifel vs. McManus, 74 Mo. App. 558, 562; Springfield vs. Weaver, 137 Mo. l. ec. 
669. And see authorities cited in note to sec. 1 of this article in how far street 
improvement is legislative, and how far ministerial. 


And that the contractor does not improve the Space between railroad tracks, 
which is a duty imposed by law on the railroad, is no ground to defeat the tax 
bill: Farrar vs. St. Louis, 80 Mo. 1. c. 3983; Bank vs. Hayward, 62 Mo. App. 550; 
Springfield vs. Weaver, 137 Mo. 650, 668 et seg. 


So also an imperfect compliance with the contract will not prevent a recovery 
for the value of the work as rendered but only furnish basis for a reduction: 
See express provision in section 25 of this article, and note thereto; and as to 
pro tanto recovery see also note to sec. 15 of this article. 


Remonstrance: The provision in the charter provides that in case the owners 
of the major part in area file a remonstrance a two-thirds vote OLDNthe: Ba eae 
is required to recommend the ordinance, otherwise a majority vote. 


Where a remonstrance deprives the city assembly of power it has no jurisdiction 
to pass on ordinance to improve: See discussion in Sedalia vs. Montgomery, 109 
Mo. App. 197, certified to the Supreme Court for final decision as being in con- 
flict with the decisions of the Kansas City Court of Appeals decisions in Sedalia 
vs. Scott, 104 Mo. App. 575 and Knopfe vs. Co., 92 Mo. ADD 29: 


ART. VI, Sec. 15.| CHARTER OF THE CITY OF ST. LOUIS. 401 


A finding by the B.P.I. (under the St. Louis charter) that a majority of the 
owners had not signed a remonstrance is not conclusive (though it may be prima 
facie evidence) of such fact, which is jurisdictional to the validity of the ordi- 
nance passed in pursuance: Construction Co. vs. Geist, 37 Mo. App. 509, 514. 


It is not necessary that an owner should sign a remonstrance in person; his 
authorized agent may sign for him: Construction Co. vs. Geist, 37 Mo. App. 
509, 514, 515. 


An administrator not legally in charge of the real estate cannot sign as a re- 
monstrator: Sedalia vs. Montgomery, 109 Mo. App. 197, 220; Sedalia vs. Scott, 
104 Mo. App. 595, 604. 


Sec. 15. Improvement ordinance, requisites—may specify 
term of years for which work shall be maintained—estimate of 
cost to be endorsed—street, ete., to be established or dedicated 
prior to improvement. ecommended by said Board shall 
specify the character of the work, its extent, the material to be used, the manner 
and general regulations under which it shall be executed, the fund out of which 
it shall be paid for, and may specify a term of years for which the work shall be 
maintained by the contractor, and shall be endorsed with the estimate of 
the cost thereof; provided, that no improvement or repairs shall be ordered 
upon any future street, alley or highway which shall not have been opened, 
dedicated or established according to the provisions of this charter and law. 


This amendment was also adopted at Charter election of Oct. 22, 1901. 


For ordinances on this subject, see R. C., secs. 1919, 1920. 


The Ordinance.—That an ordinance required to be recommended by the Board of 
Public Improvements is void if not enacted in that manner, see cases cited in 
note to sec. 17 of this article. 


The power of a city to impose special taxes can only be exercised by ordinance 
enacted in the manner prescribed by Charter: Trenton vs. Coyle, 107 Mo. 193, 
196, and cases cited; Saxton vs. St. Joseph, 60 Mo. 153. 


In the absence of any evidence to the contrary, it will be presumed that the of- 
ficers acted rightly in passing an ordinance authorizing an improvement, and 
that the meeting at which it was passed was properly convened: Rutherford 
vs. Hamilton, 97 Mo. 543, 548-549; see as to presumptive regularity in passage 
of ordinances in general, cases in note to Charter Art. III, sec. 12; as to pre- 
sumption that the city officers act rightly in case of tax-bills for improvements, 
see also Asp. Co. vs. Ullman, 137 Mo. 568, cited in note to sec. 25 of this article; 
and as to street opening cases, see secs. 1 and 2 of this article. 


While it is true that the Municipal Assembly cannot delegate legislative duties 
imposed by the charter, an ordinance for street improvements is not invalid 
because it leaves details of construction to the discretion of the street commis- 
sioner or other proper city officers, to whom some discretion must necessarily 
be left: St. Louis vs. Swift, 180 Mo. 80, 91, 96; Sheehan vs. Gleeson, 46 Mo. 100, 
104: Moran vs. Lindell, 52 Mo. 1. c. 231; St. Joseph vs. Owen, 110 Mo. 1. c. 455; 
Gallaher vs. Smith, 55 Mo. App. 116; Bank vs. Woesten, 147 Mo. 1. c. 481-482; St. 
Louis vs. Von Phul, 133 Mo. 1. c. 567. 


And it is sufficient if such matters be regulated by general ordinance, in which 
case the special ordinance need not set such matters forth: Loevy vs. Construc- 
tion Co., 64 Mo. App. 430, 434 (see s. c. 179 Mo. 1. c. 465); see also State ex rel. 
vs. St. Louis, 56 Mo. 277. 


Specifications may in the ordinance be referred to as on file with the proper 
municipal officer, without being embodied in the ordinance: Becker vs. Wash- 
ington, 94 Mo. 375; Asphalt Co. vs. Ullman, 137 Mo. 543, 570, 571; Dickey vs. 
Porter, 101 S. W. 586, 596 (Sup. Ct. March 30, 1907); see also Swift vs. St. Louis, 
180 Mo. 80, 1. c. 96, applying same principle to the notice by the B. P. I. 


But matters of substance requiring legislative discretion are to be determined by 
the Municipal Assembly and cannot be delegated to other officials: Sheehan vs. 
Gleeson, supra; Ruggles vs. Collier, 43 Mo. 353 (determining what streets should 
be paved): St. Louis vs. Clemens, 43 Mo. 395; s. c. 52 Mo. 133 (determining the 


402 


CHARTER OF THE CiTY OF ST. LOUIS.’ [ART. VI, Sec. 15. 


dimensions of sewers); King Hill Co. vs. Hamilton, 51 Mo. App. 120 (determining 
what material paving shall be made of); ‘St. Joseph vs.,Wilshire, 47 Mo. App. 
125 (material of sewer); but see Gallaher vs. Smith, 55 Mo. App: 116 (material 
of sidewalk at option of contractor). Ramsey vs. Field, 92 Mo. App. 350 (Kansas 
City Ct. App.; width of sidewalks,—but in St. Louis this is determined by gen- 


-eral ordinance). 


The later charter provisions and decisions have continually enlarged the power 
of delegation, and this was called attention to even as far back as State ex rel. vs. 
St. Louis, 56 Mo. 277, 281, distinguishing the provisions in force under which Rug- 
gles vs. Collier, supra, and St. Louis vs. Cleméns, supra, were decided. See also 
Bank vs. Woesten, 147 Mo. 1. c. 481-482; Gibson vs. Owen, 115 Mo. 267. 


A void ordinance cannot be validated by legislation after the work is done so 
as to charge the property owners with the improvements thereunder: St. Louis 
vs. Clemens, 52 Mo. 133, 144; Dickey vs. Holmes, 109 Mo. App. 721, and see cases 


~in note to sec. 28 of this article. Neither can a right of action against the 


property be taken away by legislation subsequently to the ordinance and con- 
tract under which the work was done: Firth vs. Broadhead, 7 Mo. App. 563. 


Pro Tanto Recovery: Ordinances for improvements should be upheld so far as 
possible, in cases of partial validity, where the valid and invalid portions are 
susceptible of segregation, and a partial recovery allowed: Asphalt Pav. Co. vs. 
Ullman wy 3 Te MOsela Gh oGo ne WahGeltaay. Same Comes el Senn Ou VOnm lp suCola o:a)c mt Es Onl CO sume oemmnicED 
Steffen vs. Fox, 56 Mo. App. 1. c: 23-24, citing Creamer vs. Bates, 49 Mo. 523; St. 
Joseph vs. Wilshire, 47 Mo. App. 1. ec. 133-134; Neenan vs. Smith, 60 Mo. 292; 


‘Springfield vs. Weaver, 137 Mo. 650; Eyermann vs. Provenchere, 15 Mo. App. 256, 


266; Prendergast vs. Richards, 2 Mo. App. 187; Johnson vs. Duer, 115 Mo. 366. 


And the charter itself recognizes that the owner can only defend for bad or in- 
sufficient work by reduction of the bill, and after tendering a just amount for 
the work done: See the provisions of sec. 25 of this article and note appended 
thereto. 


The ordinance need not contain a provision for advertising for bids: Bambrick 
vs. Campbell, 37 Mo. App. 460, 465. 


Guarantee of Contractor to Maintain Pavement in Repair for a certain time: 
For ordinances, see Rev. Code, secs. 884, 891, also Charter preceding section of 
this article. Such a clause means that the work shall be of such a quality that 
it will last for the guaranteed time under the ordinary wear and tear incidental] 
to the use of the street or pavement for the purposes intended, and is not a con- 
tract to repair: Asphalt Co. vs. St. Louis, 188 Mo. 576; Barber Asphalt Co. vs. 
Ullman, 137 Mo. 543, 566; Bank vs. Woesten, 147 Mo. 467, 476; Barber, Asp. Co. vs. 
Hezel, 155 Mo. 391; St. Louis Quarry Co. vs. Frost, 90 Mo. App. 677, 688; Allen vs. 
Labsap, 188 Mo. 692, 708. 


Hence where the contract is between the contractor and the owners, the former 
cannot recover against the city for injuries to the pavement, and if he repairs 
the pavement for injuries caused by the city, he is a mere volunteer: Asphait 
Co. vs. St. Louis, 188 Mo. 576; and hence payment of a tax-bill cannot be avoided 
because.of a clause to maintain in repair on the ground that such provision 
makes the.contract one for repair (which is to be paid by the city): See cases 
supra; also note to section 18-of this article. 


Board Specifies Material to Be Used: The right to select the material of which 
the paving shall consist rests with the Board; and their action is valid, though 
a material is selected which is owned or controlled by one concern, or of which 
the whole supply is in the hands of one applicant, although competitive bidding 
is thereby practically prevented: Swift vs. St. Louis, 180 Mo. 80; Verdin vs. St. 
Houiswis 1] wio. 26> Barber Asp. Co.) vs. untae LO0MMOM 22 ebavinewC Oma Sam nica. 
188 Mo. 182; Field vs. Paving Co., 194 U. S. 618; Allen vs. Labsap, 188 Mo. 692, 702. 
But in the recent case of Curtice vs: Schmidt, 10f So. (Wes, 61, 66-68, decided 
March 28, 1907, the Supreme Court manifested a distinct tendency not to extend 
the doctrine of those cases, and held that where the designation is of a material 
not of such peculiarity as to be manufactured by one concern, then a designa- 
tion of that material “as manufactured by” a particular concern named, is void 
because stifling competition and throwing open the door to favoritism; although 
the court recognizes the doctrine of the former cases to. the extent that “if there 
is a patented article, or an article not patented but in the hands of one person 
or company, which article is necessary for the public improvement, and there 
are no other persons having the same general character of material which could 


ART. VI, Sec. 16-17.] CHARTER OF THE CITY. OF ST. LOUIS. 403 


be brought into competition, then the municipality is not forced to use other 
clearly inferior material on account of the requirement for competitive bid- 
ding.”’ ; 


Estimate of Cost: Where a statute or charter requires an estimate of the cost 
of the contemplated work, such estimate is a pre-requisite to the letting, and it 
has been said that the contract must be within the price: De Soto vs. Showman, 
100 Mo. App. 323, 326, citing several authorities; see also as to the necessity and 
purpose of an “estimate” and what is an “estimate”: Booneville vs. Rogers, 101 
Sova eel120 (ks Ce. Court Apps) May, 6371907): 


But as to the effect of the provision in the’ St. Louis Charter, see Sherwood, J., 
dissenting, in Verdin. vs. St. Louis,, 181 Mo. loc. cit. 138; and in Hill vs. Swingley, 
159 Mo. 45, 48, referring to sec. 28 of this article, requiring every ordinance for 
improvements to contain a specific appropriation “based upon an estimate of 
cost, to be endorsed,’ etc., the court says that “it is very apparent that that 
clause refers only to contracts for work to be paid for out of the public treas- 
ury. The limit that is put on the price to be paid is the amount of the specific 
appropriation, not the estimate submitted,” and held that the section did not 
apply to work to be paid for by special tax against private property affected. 
See to same effect, Seibert vs. Cavender, 3 Mo. App. 421. | 


Where after introduction an ordinance is submitted to the Board of Public Im- 
provements by the Assembly with certain recommendations, which are adopted 
by the Board and the ordinance returned to the Assembly so amended, but with- 
out any alteration of the original estimate of cost by the Board, and as so re- 
submitted is passed by the Assembly, the original endorsement is sufficient: 
Bambrick vs. Campbell, 37 Mo. App. 460. Nor is a separate estimate required 
for each street, where a number of streets are included in one ordinance: Sei- 
bert vs. Cavender, 3 Mo. App. 421. But where the original ordinance is amended 
so as to include paving of other streets at increased cost and no new estimate 
is submitted, the ordinance so passed is void as is the tax-bill under it: Kinealy 
vs. Gay, 7 Mo. App. 208. 


The Proviso that the highway must have been opened, dedicated or established. 
according to the provisions of “this Charter and Jaw,’ comprehends both statu- 
tory and common law, and does not exclude a common-law dedication of a 
street: McGinnis vs. St. Louis,.157:: Mo. 191, 198. 


Sec. 16. Vote of Assembly on improvement bills.—Upon the ree- 
ommendation of any ordinance by the Board of Public Improvements, the 
Assembly shall have the power, when such ordinance shall be accompanied 
by a remonstrance as hereinbefore provided, by a vote of two-thirds of the 
members elect of each house, and in all other cases by a vote of a majority 
of the members-elect of each house, to pass such ordinance, and order the 
making of such improvement. 


As to presumption that an ordinance has been enacted according to the legal 
requirements, see notes to preceding section; and as to such presumption of regu- 
larity in general, see cases in note to Art. III, sec. 12, showing that where two- 
thirds vote is required it will be presumed to have been so passed; but see also 
note to next section herein below. 


See. 17. All ordinances for public work to be recommended by 
the Board of Public Inprovements.—The Board of Public Improve- 
- ments shall recommend to the Assembly all ordinances for the establishment or 
change of grade of streets, avenues$ boulevards, public highways and alleys, and 

also for the construction or reconstruction of streets, avenues, boulevards and 
_ public highways, and for the maintenance, repairing, lighting, cieaning and 
sprinkling thereof; for the construction or reconstruction, maintenance, 
repairing, lighting and cleaning of alleys; for the construction or recon- 
struction, maintenance and repairing of sidewalks ;for the construction or 
reconstruction and the repairs of sewers, and all ordinances tor the doing 
of all other public work of every nature and kind which is required by this 
Charter, or by ordinance, to be done under the supervision of said. Board, 
or of any of the members thereof. 


Amendment passed Oct. 22, 1901, submitted by ordinance 20444. . 


404 CHARTER OF THE CITY OF ST. LOUIS. {LART. VI, Sec. 18. 


Where the recommendation of the Board of Public Improvements is required, it 
is jurisdictional, and an ordinance without it is invalid: St. Louis vs. Franke, 
78 Mo. 41; St. Louis vs. Gleason, 93 Mo. 338, 37 (both these cases under superseded 
charter provisions, but the principles are still applicable). 


And where a majority of the owners remonstrate,it was held (when in such case 
a unanimous recommendation was required by the then charter) that an ordi- 
nance was void, where the board erroneously found that a majority had not 
remonstrated; such fact could be shown as being jurisdictional: Const. Co. vs. 
Geist, 37 Mo. App. 509. 


The ordinance is valid, although after its introduction the Assembly submits a 
suggestion for amendment to the Board, which is adopted and embodied in the 
erdinance by the Board, the ordinance being returned to the Assembly with 
recommendation for passage without altering the endorsement of estimated cost, 
and thereupon passed: Bambrick vs. Campbell, 37 Mo. App. 460, 463. 


Elevation of streets and alleys, how determined: See note to sec. 1 of this 
article. 


Sec. 18. Apportionment of cost of improvement— portion paid 
by the city and property owners respectively—no limit to special 
taxation.—The cost of construction or reconstruction of all the foregoing 
improvements within the city shall be apportioned as follows: The regrad- 
ing of streets and sidewalks to conform to the change of grade thereof, the 
lighting of boulevards, alleys, streets, avenues and public highways, and 
the repairs of streets, avenues and public highways, shall be paid out of 
the general revenue of the city. The grading, improving, constructing, re- 
constructing, maintaining, repairing, cleaning and sprinkling of all boule- 
vards shall be paid by special tax bill as in this article hereinbefore pro- 
vided; the grading, regrading, preparing the roadway for the superstruct- 
ure, placing foundation and roadway, paving of all alleys, shall be paid 
by special tax bill as hereinbefore in this article provided; the construc- 
tion, reconstruction, paving or repaving, including the cost of preparing 
the ground for the superstructure, placing foundations, and the wearing 
surface of all sidewalks, shall be paid by special tax bills as hereinbefore 
in this article provided; the grading, preparing of the roadbed for super- 
structure, placing foundations, curbing, guttering, wearing surface of the 
roadway paving, cross-walks, including all intersections of streets, ave- 
nues, highways and alleys, shall be paid by special tax bill in the manner 
hereinbefore in this article provided. The repairs of all alleys and side- 
walks shall be charged upon the adjoining property as a special tax, and 
shall be collected and paid as hereinafter provided. 


This amendment, also, was adopted at the election on Oct. 22, 1901, submitted 
under ordinance 20444. 


The validity of special taxation, though not sustainable on any logical ground, 
is no longer to be questioned: See cases cited in note to sec. 14 of this article, 


By the present amendment no limit is placed to the amount chargeable by way 
of special taxation on the property owner, whereas formerly the limit was 25 
per cent of the assessed value. Refergnce to decisions upon the old law on 
this point are therefore omitted. It is also to be observed that, differing from 
the former law, vepairs, for alleys, Sidewalks and boulevards are now paid for by 
special tax, as well as construction work, ete. On this and other points the 
changes must be borne in mind in determining the application of the cases 
cited below. 


.Repairs of Streets to Be Paid by City: For ordinances on repairs, see R. C., sec. 
$90, and following. 


A contract providing for special deposit by a contractor to maintain his con- 
struction work for a certain period is not a contract for repairs (which is re- 
quired to be paid out of general revenue), but is to insure fidelity for the char- 
acter of the work in the first instance, and a special tax bill cannot be avoided 
on that ground: See Allen vs. Labsap, 188 Mo. 692, 703, and numerous cases cited 
in note to sec. 15 of this article. 


ART. VI, Sec. 19.] CHARTER OF THE CITY OF ST. LOUIS. 405 


That such a guarantee of maintenance for a certain number of years in a con- 
tract for construction is not a contract for repair, but only a guarantee of the 
quality of the work, see cases cited in note to sec. 15 of this article. 


Distinction between rules applicable to streets and those applicable to alleys 
and sidewalks (before amendment): Skinker vs. Heman, 148 Mo. 349, 359, re- 
citing the charter provisions before the present amendment. 


As to what is to be considered as repairs and what reconstruction, see Farrell 
vs. Rammelkamp, 64 Mo. App. 425, 429; Perkinson vs. Schnaake, 108 Mo. App. 255, 
and cases infra. 


Repairs must be paid by the city and the city cannot shift the cost on the abut- 
ting owner by calling the work reconstruction: O’Meara vs. Green, 25 Mo. App. 
198; and abutting owners are not liable for repairs where the streets were con- 
structed before the locality was taken into the city limits: O’Meara vs. Green, 
16 Mo. App. 118. 


Nor can there be a recovery on a special tax bill for repairs (allowable under 
former charter provision), where the work was reconstruction: Farrell vs. Ram- 
melkamp, 64 Mo. App. 425, 428; the latter requiring an ordinance to authorize the 
work, but repairs being permissible under the order of the street commissioner 
on notice to the owner: Ritterskamp vs. Stifel, 59 Mo. App. 510. (See in con- 
nection herewith R. C., secs. 904 to 910.) 


Under the old provision which provided that the cost of ‘paving, guttering and 
materials , : . shall be charged upon the adjoining property,” etc., it was 
held that where four lots were sought to be charged in one tax-bill, one of which 
adjoins the improved street and all four fronting on a cross street, an aggregate 
assessment cannot be made against all the lots, unless it be shown that all were 
used as one lot by the owners: Paving Co. vs. Peck, 186 Mo. 506. Under that 
provision (before amendment) there was full authority to charge the cost of 
paving alleys against the adjoining property: -Heman vs. Gilliam, 171 Mo. 258, 
264. 


As to cost to intersections of streets, and for ‘‘grading,’ ‘‘cross-walks” and 
“curbing,’ see Gibson vs. Kayser, 16 Mo. App. 404; intersections: See Allen ys. 
Krenning, 23 Mo. App. 561. 


NUISANCES—CHANGE OF GRADE. 


Sec. 19. Nuisances caused by public works to be abated by city— 
| damages by change of grade to be paid by city. 
is caused upon private property by any work or improvement done by and 
for the city, the same shall be abated at the expense of the city; and when- 
ever a grade of the street is fixed by the city and an improvement shall 
have been made in conformity thereto, if the city shall thereafter alter such 
grade to the damage of such improvement, the city shall indemnify the 
owner of the improvement for such damage. 


Nuisances: As to the powers of the city where the nuisance is not caused by 
the city, but by third persons, see Charter Art. III, sec. 26, clause 6; Art. XII, 
secs. 6, 4, 3; Rev. Code, Chap. XI, Art. 12 (secs. 584-689) and notes thereto. 


For statutory provisions respecting change of grade, see R. S. 1899, secs. 623% 
et seq., which are set out herein, with notes, under ‘‘Laws Specially Applicable 
to St. Louis,’ in Chap. 32, secs, 585-590. 


Change of grade: Prior to the constitution of 1875 the city in the legitimate 
exercise of its powers could change the grade by ordinance without being liable 
for consequential damages, unless the injury could be shown to have resulted 
from the negligent or improper manner in which the work was done: St. Louis 
vs. Gurno, 12 Mo. 415; Taylor vs. St. Louis, 14 Mo. 23; Hoffmann vs. St. Louis, 
15 Mo. 651. (A contrary decision was made in Thurston vs. St. Joseph, 51 Mo. 
510, but the former rule was again followed in later cases); Schattner vs. K. C., 
53 Mo. 162; Imler vs. Springfield, 55 Mo. 119; Wegman vs. Jefferson, 61 Mo. 5°: 
Stewart vs. Clinton, 79 Mo. 603; and see dicta in the cases below cited. 


To uproot this doctrine the Constitution was so amended in 1875 that com; 
sation was required when property was damaged aS well as taken for public use, 
and since that time it is settled law that when property is damaged by estab- 


406 


CHARTER OF. THE CITY OF ST. LOUIS. [ART VL, Sec. 19.~ 


lishing the grade of a street, or by raising or lowering the grade already es- 
tablished, it is damaged for public use within the meaning of the Constitution: 
Hickman vs. Kansas City, 120 Mo. 1. c. 116; Werth vs. Springfield, 78 Mo. 107, 110; 


Householder vs. K. C., 83 Mo. 488; Clemens vs. Ins. Co., 184 Mo. 1. c. 53. 


And it is also well settled that the constitutional provision is self-enforcing, 
and although the legislature may have enacted no law providing for a mode 
for ascertainment and payment of the compensation provided for, resort may be 
had to any common law action affording an appropriate means of redress: 
Hickman vs. Kansas City, 120 Mo. 110, 117; Householder vs. K. C., 88 Mo. 488; 
Keith vs. Bingham, 100 Mo. 300; Sheehy vs. Cable Co., 94 Mo. 574, 578 ef seg. 


And a statutory remedy purporting to be an exclusive remedy must, in order to 
be. exclusive, be commensurate with the constitutional right and the remedies 
which by force of the constitution the owner is entitled to for his protection: 
Hickman vs. Kansas City, 120 Mo. 110, 118-119; Markowitz vs. Kansas City, 125 
Mo. 485. 


Under the statutes (see present statutes cited at beginning of this note), the 
city may institute proceedings for assessment of damages and benefits on-change 
of street grade, without the consent of the.owners of the property affected: St. 
Louis vs. Lang, 131 Mo. bt. c. 421: 


As to what is a final judgment in such a proceeding, and that final judgment 
cannot be rendered as to some and not others on the commissioner’g report, 
so as to allow an appeal, see St. Louis vs. Nelson, 169 Mo. 461. 


A railroad company is as much liable asa city Lor damages in causing a change 
of grade: Sheehy vs. Cable Co., 94 Mo. 574, 579. 


In an action to enforce a special tax-bill for improvements the defense cannot 
be made by the property owner that he has not been paid for the damages caused 
by the change of grade. The first is an exercise of the taxing power, the latter 
of eminent domain. Although the city may be liable under the constitution for 
an improper exercise of the power of eminent domain, yet the defense cannot 
be made in the tax suit: Springfield vs. Baker, 56 Mo. App. 637, 640, quoting and 


' following Keith vs. Bingham, 100 Mo. 306. See as to this distinction, cases in 


note to sec. 2 of this article. 


Overflows on private land resulting from inadequate sewer is not taking or 
damaging property for publle use: Gulath vs. St. Louis, 179 Mo. 38, 56. 


‘Where the property of a citizen is not taken, and his proprietary rights are 
not disturbed, but the damages to his property is consequential, due to a change’ 
in the grade, the constitutional provision prohibiting taking or damaging of pri- 
vate property without just compensation, does not entitle the owner to damages 


_before the work is done, and he is not entitled to an injunction until the same. 


are ascertained and paid: Clemens vs. Ins. Co. 184 Mo. 46. See further as to 
when an injunction will lie, cases cited in the opinion; also MacMurray-Judge, 
Iron Co. vs. St. Louis, 138 Mo. 608. 


Although an abutting property owner is entitled under the constitution to be 
compensated for injury to his property before the improvement can be made, 
and may maintain injunction to enforce his right, yet if the conditions are such 
that the ordinance providing for the improvement, though unrepealed, cannot 
well be carried into effect, the injunction will not go, though the plaintiff may 
have apprehensions, if they are not really well grounded: Lester Realty Co. vs. 
St. Louis, 169 Mo. 227. 


While it is true that the owner,:since the amendment in the constitution of 
1875, is entitled to compensation not only when his property is taken for public 


use, but also when it is damaged, yet the ‘ground of recovery is his easement or 


property interest in the street; and the plaintiff, in order to recover, or to bring 
himself within the amendment, must show a special and peculiar injury to his 
property, or some easement connected therewith, different in kind from that of 


others: Clemens vs. Ins. Co., 184 Mo. 46, 54, and cases there cited; Van De Vere vs. 


Kansas City, 107 Mo. 83; Rude vs. St. Louis, 93 Mo. 408; Knapp Stout & Co. vs. St. 
Louis, 153 Mo. 572; see also (where a street railroad was constructed): Ruckert 


‘vs. Grand’ Ave. Ry., 163 Mo. 1. c. 278; and (steam railroad) De Geoffrey vSs., Mer- 


chants Bridge, 179 Mo. 705 e¢ seg. 


In a suit by an abutting owner for damiees caused by changing the grade, 
whether the change be from the natural to an artificial or from one artificial to 


ag 


ART. VI, Sec. 20.] CHARTER OF THE CITY OF ST. LOUIS. © 407 


another, the measure of damages is the difference in value of the property be- 
fore and after the change of grade, less any special benefit not common to all 
property in the neighborhood, caused by such change of grade; and this is the 
rule whether the cost of the improvement be paid by the city or taxed as benefit 
assessments against the abutting property; the cost of the improvement taxed 
against the abutting propery. should not be considered: Investment Co. vs. St. 
Joseph, 191 Mo. 459. 


As to measure of damages where access to a highway is cut off, being the dif- 
ference in market value before and after such cut off, see also: Slattery vs. St. 
Louis, 120 Mo. 183; Chouteau vs. St. Louis, 8 Mo. App. 48. 


The benefits to be deducted from the damages sustained by the landowner by 
the taking or damaging his property is only the direct and peculiar benefit that 
would result in particular to his tract, and not the general benefit that his lands 
would derive in common with the lands of other owners in his neighborhood: 
Cole vs. St. Louis, 132 Mo. 633, 640. 


The city is liable for damages in a material change in the grade from the nat- 
ural surface: Investment Co. vs. St. Joseph, 191 Mo. 459; Cole vs. St. Louis, 132 
Mo. 633, 640, and cases cited; Davis vs. Ry., 119 Mo. 180; Fred vs. Railway, 65 
Mo. App. 121. 


The change of grade need not be the whole width of the road-bed: Stickford 
Vest. IuOuism @ NLO.cApD Dp. ali. 


Action for damages for changing grade is in nature of trespass; possession 
alone is sufficient; title need not be shown: Schrodt vs. St. Joseph, 109 Mo. 
App. 627; but see Clemens vs. Ins. Co., 184 Mo. l. ec. 56, ez seg. 


City not liable in absence of valid ordinance authorizing such change of grade: 
Gardner vs. St. Joseph, 96 Mo. App. 657; Clay vs. Mexico, 92 Mo. App. 611; Calvert 
vs. St. Joseph, 118 Mo. App. 503. And in the absence of an ordinance the officers 
doing the grading, or assisting or encouraging same, are liable as for trespass: 
Reed vs. Peck, 163 Mo. 333 (proceeding where the only authority to grade was a 
void resolution, not an ordinance. But a mere technical departure from the 
mode in which the power to grade is exercised will not discharge the city, at all 
events not if such ordinance has been, even impliedly, ratified by the corporate 
authorities: Schumacher vs. St. Louis, 3 Mo. App. 297, 298-299. 


And an allegation in a petition by a city for assessment of damages for change’ 
of grade which alleges the due enactment of an ordinance defining the limits 
of benefits and damage district affected by a change of grade, inferentially 
states the passage of an ordinance for the grading of a street'in that district, 
where that would be necessary as a condition precedent to the other ordinance: 
st. Louis vs. Lang, 131 Mo. 412, 420-421. 


An abutting owner is not estopped to. claim damages from change of grade re- 
sulting because of grant of street car franchise because he signed a request 
for such franchise over the street in question: Fred vs. Cable Co., 65 Mo. App. 
l. c. 124; nor because the plaintiff, after the grading of the roadbed by the cable 
company, requests that the grading of the street be finished: Hickman vs. 
Kansas) City, 1260) Mo. )110) 120. 

Damages for change of grade—landlord and tenant: St. Louis vs. Nelson, 108 
Mo. App. 210. 

Damages because of removal of shade trees, when allowed: Walker vs. Sedalia, 
74 Mo. App. 70. And when not: Colston vs. St. Joseph, 106 Mo. App. 714. See 
also Scott vs. Marshall, 110 Mo. App. 178 (condemnation of sidewalk improved 
by shade trees). 


Damages On condemnation of property for public use: See note to Charter, Art. 
VI, sec. 1. eee oa, bag 
SEWERS. 


Sec. 20. Classification of sewer system—“‘public,”’ “‘district,”’ 
‘joint-district”’ and “‘private.’’—A sewer system is hereby established, 
which shall be divided into: four classes, viz.: ‘“Publie,’’ ‘‘District,’’ ‘*Joint- 
District’’? and ‘‘Private’’ sewers ; the classes in any case being determined by 
the authority of its construction, and the definitions hereinafter specified, 
irrespective of the area drained, the size, character, or purpose of the sewer. 


408 CHARTER OF THE CITY OF ST. LOUIS. JART. VI. 8ec. 20. 


Public sewers are defined to be those heretofore constructed or 
acquired under authority of an ordinance, and paid for wholly out of the 
general revenue. Public sewers hereafter constructed shall be such sewers. 
as the Board of Public Improvements may deem it expedient to establish 
and construct without creating a sewer district or joint sewer district; and 
such sewers may be established and constructed at such times, to such ex- 
tent, of such dimensions and materials and under such regulations as may 
be provided by ordinance recommended by the Board of Public Improve- 
ments, and shall also consist of such branches to sewers already constructed 
as may be considered expedient by said board; provided, however, that no 
sewer shall be run diagonally through private property when it is practica- 
ble to construct the same parallel with the lines of such property, nor shall 
any public sewer be constructed through private property when it is prac- 
ticable to construct the same along a street, alley or public highway. An 
appropriation shall be made to meet the cost of each public sewer from the 
public revenue. Public sewers may be connected with any other sewer of 
any class, or with some natural course of drainage. 


District sewers are defined to be those constructed or acquired under 
authority of ordinances, within the limits of an established sewer district, 
and paid for by special tax assessed upon the property in the district. 


Joint-district sewers are defined to be those constructed or acquired 
under the authority of ordinances uniting one or more districts or unor- 
ganized territory, for the purpose of providing main, outlet, or intercept- 


ing sewers, for the joint benefit of such districts or territory, and paid for 
by special taxes assessed upon all the property in such joint sewer district. 


Private sewers are defined to be those built with or without permits, 
paid for by the parties, persons, associations or corporations constructing 
the same. 


This section and those following were amended at the charter election of Oct. 
21. 1901, making a material change in the sewer system of the city. 


State Law: See in connection with the charter, Laws Mo. 1905, sec. 1-6, set out 
herein in “Laws Specially Applicable to St. Louis,’’ Chap. 28, secs. 535-549, au- 
thorizing Drainage and Sanitary Districts between the city and county. 


Charter Authority to construct, keep in repair and regulate the use of sewers: 
See Art. III, sec. 26, clause 2, and note thereto. 


For ordinanees respecting sewers in general, see Rev. Code, Chap. 34, secs. 2302 
to 2322 inclusive: sewer condemnation proceedings, secs. 876-882 (see also notes 
to Charter sec. 2 et seg. of this article); sewer connections, R. C., secs. 898, 1798, 
145, 2314, 2302; permit construction, etc., 2303 and following. 


Liability of City for Damages for defective sewers and sewer overflows: See 
note to clause 2, section 26, Art. ITI. 


Definition and object of sewer in general: Fuchs vs. St. Louis, 167 Mo. loc. cit. 
€36; (as to importance of drainage of cities to preserve the public health, as a 
police power, see also New Orl. Gas Co. vs. Drainage Com., 196 U. S. 453, cited in 
note to clause 2 of sec. 26 of Art. IIT.) 


The classification of sewers under the new charter provision and the right of the 
city so to classify, is discussed, and the several kinds defined, in Prior vs. Con- 
struction Co., 170 Mo. 439. The court, also, in that case shows the difference be- 
tween the new and former classification. This distinction should be borne in 
mind in applying the decisions under the former law to the present conditions. 


Under the former provisions: Public sewers can be created only by ordinance, 
not by user alone: Heman vs. Payne, 27 Mo. App. 481, 486. 


ART. VI, Sec. 20. ] CHARTER OF THE CITY OF ST. LOUIS. 409 


What are public, district or private sewers prior to present amendment, see He- 
man vs. Allen, 156 Mo. 534, 542; Hill vs. Swingley, 159 Mo. 45; Eyerman vs. Blakely, 
78 Mo. 145. 


In how far the municipal assembly must fix the construction, materials, route, 
dimensions, ete., of a sewer by ordinance and in how far the details thereof may 
be delegated to the proper officials, see State ex rel. vs. St. Louis, 56 Mo. 277, 
showing that the power of the city in this respect was enlarged by charter 
amendments so as not to be governed by the decisions in Murphy vs. Clemens, 48 
Mo. 395 and Ruggles vs. Collier, zd. 375. 


And see further, cases on the same subject with respect to street improvements, 
note to sec. 15 of this article. 


Discretion as to location of branch or lateral sewers in B. P. I.: State ex rel. vs. 
St. Louis, 56 Mo. 577; Eyermann vs. Provenchere, 15 Mo. App. 1. c. 267-268. 


The action of the Board of Public Improvements in accordance with charter au- 
thority to recommend creation of private sewer to the Municipal Assembly, which 
enacts an ordinance in pursuance thereof, is conclusive that such sewer is a pri- 
vate sewer, no matter how beneficial it is to the public: Heman vs. Allen, 156 
Mo. 534 (affirmed without discussion of this point in 181 U. S. 402). The recom- 
mendation of the board and subsequent enactment of the ordinance relieves the 
‘contractor from the obligation of inquiring as to the grounds on which the work 
is done: HEyermann vs. Provenchere, 15 Mo. App. 1. c. 270. 


The Municipal Assembly, when thereto moved by the Board of Public Improve- 
ments, may pass ordinances looking to the construction of sewers, public and 
district, and the policy of constructing sewers is delegated to them. It is for 
the Municipal Assembly, acting in the manner prescribed by charter, to say when 
and where sewers are to be constructed, and the kind, whether public or district. 
But it cannot by ordinance or otherwise, authorize the construction of a public 
sewer to be paid for by special assessment, nor authorize a district sewer to be 
paid for out of the treasury. And the difference between a public and district 
sewer is not a mere difference in name, but it is a physical fact, so that the 
assembly cannot authorize what is in fact a public sewer and by merely denomi- 
nating it a district sewer tax the cost of its construction on the lots in the dis- 
trict named. Such an act would be a fraud and the special tax-bill issued in pur- 
suance of it would be void: Hill vs. Swingley, 159 Mo. 45, 49-50. 


Courts have no power to issue a mandatory injunction requiring a municipality 
to construct a sewer in a particular manner or location, irrespective of the ex- 
ercise of discretion vested by law in the municipal authorities to determine the 
practicability of the sewer ordered, the availability of taxation for the purpose, 
and the like matters; the exercise of this authority is primarily vested in the 
municipality and not the courts: Vicksburg vs. Waterworks Co., 202 U. S. 453, 
471-472. 


As to special taxation, see in connection with the cases below, also the notes 
to sections 24-25 and 14-15 of this article, for those points common to streets, 
alleys, ete., as well as sewers. 


Special taxation for the construction of sewers, assessed either according to the 
area, benefit district, or the front foot rule, is now valid beyond question: Prior 
vs. Construction Co., 170 Mo. 439, 448; St. Joseph vs. Farrell, 106 Mo. 437; He- 
man vs. Allen, 156 Mo. 534, affirmed as Schumate vs. Heman, 181 U. S. 402. 


The question whether a lot owner is benefited by the sewer so as to make his 
land taxable therefor, is legislative and he will not be heard to the contrary after 
the Municipal Assembly has established the district and fixed the rate of benefits 
without fraud or oppression; and such benefits may be indirect as well as direct 
to justify the action of the assembly: Prior vs. Construction Co., 170 Mo. 439, 
450-451; Heman vs. Schulte, 166 Mo. 409; Heman vs. Allen, 156 Mo. 534, 544-561, 
affirmed 181 U. S. 402; Akers vs. Kollmeyer, 97 Mo. App. 520, 529. See also John- 
son vs. Duer, 115 Mo. 366. 


But the Municipal Assembly cannot authorize tax-bills by designating a public 
sewer to be a district sewer, when in fact not such, and the tax-bills are void: 
Hill vs. Swingley, 159 Mo. 46, 49-50. 


Area taxation without reference to value of land is valid: Johnson vs. Duer, 116 
Mo. 366. 


Ascertaining assesement: See Creamer vs. Allen, 3 Mo. App. 546. 


410 CHARTER OF THE CITY OF. ST. LOUIS. (ART. VI, Sec. 21. 


The basis of the work is an ordinance, and a void ordinance cannot be made 
valid after the work has been done: Dickey vs. Holmes, 109 Mo. App. 721; St. 
Louis vs. Clemens, 52 Mo. 133, 144. As to the requirements of an ordinance for 
public improvements in general, see note to sec. 15 of this article. 


Where two lots are used as one property, they may be treated as one in assess- 
ing special tax-bill against them, whether improved or not: Hill-O’Meara vs. 
Sessinghaus, 106 Mo. App. 163, and cases cited. 


A proper assessment in accordance with the charter is the basis of taxation, and 
the special tax-bill is void unless grounded on a valid assessment made by the 
tribunal designated by the charter. As to what is or is not such a compliance 
under the St. Louis charter, see Heman vs. Farish, 97 Mo. App. 393, 401; Heman 
vs? Allen, 156 Mo. 534; also authorities generally in notes to secs. 27 and 14 e Seq., 
of this article. But the special tax-bill need not recite the basis of apportionment: 
Dickey vs. Porter, 101. S. W. 586, 594 (March 30, 1907, Sup. Ct. Kansas City 
charter). 

The ordinance for improvements by sewers should be strictly complied with and 
construed, but not so strictly that it would defeat its obvious intent: St. Joseph 
vs. Landis, 54 Mo. App. 1. c. 326. See also Dickey vs. Porter, 101 S. W. 586, 596 
(GS. (Ores MWe SD, USE. 


Special tax is not the exclusive remedy of the contractor; there is nothing in 
the charter preventing the city from enacting that other regulations, such as the 
payment of the tax before permitting a connection with the sewer, must be ob- 
eerved under its other powers: Hill vs. St. Louis, 159 Mo.‘159, 167 (upholding 
an ordinance to that effect, now sec. 2304 of Rev. Code). 


Limit of taxation for sewers: There was no limit to special taxation of sewers 
even before the present amendments: Heman vs. Wolff, 33 Mo. App. 200; Hill 
vs. Swingley, 159 Mo. 45. 


See. 21. District sewers, establishment and construction of— 
districts may be changed—special taxation for, authorized—re- 
pairs and other incidental expenses paid by city—reconstruction 
of sewers permitted at expense of property. istrict sewers shall be 
established and constructed or acquired within the limits of districts to be pre- 
seribed by ordinance recommended by the Board of Public Improvements, and 
may be connected with a sewer of any class, or with some natural course of 
drainage. District sewers shall be of such dimensions and material as may 
be considered necessary and expedient by the Board of Public Improve- 
ments, and authorized by ordinance. <A sewer district may be sub-divided, 
enlarged or changed at any time previous to the completion of the construc. 
tion of the sewers therein. The Municipal Assembly shall cause sewers to 
be constructed in any district whenever a majority of the property holders, 
resident therein, shall petition therefor, or whenever the Board of Public 
Improvements shall recommend it as necessary for sanitary or other pur- 
poses. Such sewers shall have all requisite laterals, inlets, manholes and 
other appurtenances. , | 

As soon as a district sewer, with its inlets, manholes, and other ap- 
purtenances is fully completed, the Sewer Commissioner shall cause to be 
computed the total cost thereof, and certify the same to the President of 
the Board of Public Improvements, and the President of said Board shall 
assess it as a special tax against all the lots of ground in the district re- 
spectively, without regard to improvements, and in the proportion that 
their respective areas bear to the area of the whole district, exclusive of 
the public highway, and shall cause to be issued a special tax bill against 

each lot in the district, giving the name of the owner thereof, in favor of the 
contractor, which shall be collected and paid in the manner hereinafter 
prescribed ; provided, that the repairs and other incidental expenses of the 
district sewers shall be paid out-of the general revenue. Should the sewers 
in any sewer district or districts become worn out, or be found inadéquate 
in depth, size or other ‘respect, so' as in the opinion of the Board of Public 


ART. VI, Sec. 22.] CHARTER OF THE CITY OF ST. LOUIS. ; 411 


Improvements to require reconstruction, the Municipal Assembly may, by 
ordinance, establish sewer districts for such reconstructions, and proceed 
in all respects as if the territory embraced in such district had never been 
in a sewer district. 


This section is an amendment passed with the preceding section at the election 
OnTOCtwe 22, e190 OL. 


See note, and authorities cited therein, to the preceding section of this article. 
See new classification discussed in Prior vs. Const. Co., 170 Mo. 439, cited in said 
note. 


Under the former provisions the city could directconstruction of district sewers 
without a petition from a majority of the property owners or recommendation 
of the Board of Health: Creamer vs. Oeters, 36 Mo. 456; but under the later 
provisions “the assembly can authorize the construction of sewers in sewer dis- 
tricts, only when a majority of the property holders petition for it, or when the 
Board of Public Improvements shall recommend it as necessary for sanitary or 
other purposes, nor can the assembly establish a sewer district except by ordi- 
nance as approved by the B. P. I.; when that board approves such an ordinance, 
the board need not wait until the passage of that ordinance before it shall rec- 
ommend the construction of a sewer for the district’: Eyerman vs. Blakely, 78 
Mo. 145, 149-150. Nor is it necessary for the board in its recommendation to 
state the reasons for which the sewer is necessary; a statement that it is “in 
accordance with the provisions of the charter” is sufficient: z4zd, p. 150. 


Under the present charter, still greater authority and latitude is given the 
board. Before a lien can attach to property in a taxing district for 'the cost of con- 
struction of sewers the Board of Public Improvements must make an assessment 
of the entire cost against the property liable. But in an action on the tax-bill 
the failure to so allege in the petition is waived if no objection thereto be taken 
until after judgment: Heman vs. Allen, 156 Mo. 534, 1. c. 5389-540. See also 
Dickey vs.’ Porter, 101 S. W. 586, 594 (Sup*#Ct., March 30, 1907). : 


Repairs and other incidental expenses of district sewers must be paid out of the 
general revenue, hence it would not be competent for the:city to regulate the 
sewers by making persons desiring to connect pay any sum to be used by the 
city in repairing or inspecting the sewers: Hill vs. St. Louis, 159 Mo. 159, loc. 
Crea Ga be 


Sec. 22. Joint district sewers, how established—special 
taxation for, authorized, how levied and assessed—when terri- 
tory outside ‘city limits is drained, city to pay portion of cost of 
construction —joint district sewers may be constructed in sec- 
tions.—Joint district sewers may be constructed or acquired as follows: 
Whenever the Municipal Assembly, on the recommendation of the Bourd of Pub: 
lic Improvements, deems it necessary that a sewer be constructed in any part of 
the city, for the drainage or sanitary improvements of a section of the city 
comprising more than one established sewer district, or territor y not yet in 
an established sewer district, it may, by ordinance, unite and establish such 
sewer districts, or parts thereof, and unorganized territory, into a joint 
sewer district, and cause a sewer or sewers “to be constructed therein, and 
the whole cost thereof to be assessed against all the property within the 
boundaries of such joint sewer district as a special tax; but if the joint dis-' 
trict sewer is to drain territory part of which lies outside of the city limits, 
and can not be included in the joint sewer district, then the Municipal AS- 
sembly shall provide in the ordinance or ordinances authorizing the construc- 
tion of the joint district sewer or sewers, that a part of the cost of such 
sewer or sewers, in the proportion that the area of the unincluded territory 
bears to the whole area drained, shall be paid out of the general revenue, in 


which case the remainder of the cost shall be assessed as hereinafter pro- 
vided. 


The total cost of joint district sewers shall be levied and assessed upon 
all the property in the joint sewer district as follows: Whenever. the whole 


412 CHARTER OF THE CITY OF ST. LOIS. [ART. VI, Sec. 2. 


or a section of a joint district sewer is fully completed, the Sewer Commis- 
sioner shall cause the total cost thereof to be computed, and shall certify 
the same to the President of the Board of Public Improvements, and the 
President of said Board shall assess it as a special tax against all of the 
lots or parcels of ground in the joint sewer district, in the ratio that the 
area of each lot or parcel of ground bears to the area of the whole district, 
exclusive of the area of streets, avenues, public highways and alleys, and 
the President of said Board shall cause to be issued a special tax bill 
against each lot or parcel of ground in the joint sewer district, giving the 
name of the owner thereof, in favor of the contractor, which shall be col- 
lected and paid as provided in this article. Provided, however, that if the 
joint district sewer will drain territory part of which lies outside of the 
city limits, the City of St. Louis shall pay from the public revenue part of 
the cost of the joint district sewer in the proportion that the area of that 
part of the territory drained by the joint district sewer which lies outside 
of the city limits bears to the whole area drained; and the remainder of 
the cost of the joint district sewer shall be paid for as hereinbefore pro- 
vided. When the extent and character of a joint district sewer is such as, 
in the opinion of the Board of Public Improvements, render its division into 
sections advisable, an ordinance or ordinances directing and authorizing 
the construction of one or more sections may be passed, and when the 
work in any such section is fully completed, special tax bills to the amount 
of the cost of such section shall be issued as herein provided. Joint district 
sewers shall be constructed of such material and of such dimensions as 
may be considered necessary and expedient by the Board of Public Improye- 
ments, and authorized by ordinance, and they may be connected with other 
sewers of any class or with some natural course of drainage. 

Joint district sewers under new charter: Prior vs. Construction Co., 170 Mo. 

439, 

Sec. 23 Private sewers—city to be at no expense for 
deemed private—may be acquired 
by city—special taxation therefor authorized—connections 
with other sewers, compensation for, at option of city— 
Private sewers connecting with the public, joint district and district sewers, 
or with natural watercourses, may be constructed under such restric- 
tions and regulations as the Municipal Assembly may prescribe by 
general or special ordinance, recommended by the Board of Public 
Improvements; but the city shall be at no expense in the construction, 
repairing or cleaning of the same. All sewers or covered drains, 
draining or capable of draining more than one lot, built by private persons, 
corporations or associations, either within the boundaries of the lands 
owned or held by such parties previous to the subdivision of such lands. 
with or without a permit from the city, or in the streets, alleys, avenues or 
public places, under permits granted by the city, shall be considered private 
sewers. Whenever a private sewer, or any part thereof, is so located and 
constructed as to fit it to be a part of a joint district or district sewer, the 
city shall have the right to acquire such private sewer by gift, condemnation 
or purchase, but such acquirement shall be by ordinance recommended by 
the Board of Public Improvements. The city shall pay the cost of acquir- 
ing the same, and shall reimburse itself in the following manner: The 
total cost of such condemnation or purchase shall be assessed as a special 
tax against the property in such district or joint district sewer district, as 
the case may be, in favor of the city, in the manner herein provided for the 
construction of such sewers. Public, joint district and district sewers may 
be connected with private sewers without compensation to the owners or 
builders thereof, at the option of the city. 


Ordimance provisions respecting private sewers: See Rev. Code, sec. 2308 et seq. 


ART. VI, Sec. 24 | CHARTER OF THE CITY OF ST. -LOUIS. 433 
SPECIAL TAX-BILLS. 


Sec. 24. Special tax bills, how made out, registered and de- 
livered—place of payment to be designated.—All special tax bills 
for work contemplated by this Charter shall be made out by the President of 
said Board, and by him registered in his office in full, and certified and de- 
livered to the Comptroller, and his receipt taken therefor, and by him reg- 
istered and countersigned and delivered to the parties in whose favor they 
are issued for collection, and their receipts taken in full of all claims against 
the city on account of said work. In every such tax bill there shall be desig- 
nated either the City Treasurer, or, at the option of the person or persons 
entitled to such tax bill, the name of some bank or trust company located 
and doing business in the City of St. Louis to whom payment of such bill 
may be made; and in case the City Treasurer is so designated, it shall be 
his duty to receive and receipt for such payment if tendered. 


This section also is an amendment adopted at the election of Oct. 22, 1901. 


Substitution of new tax-bills for void ones—Amendments of tax-billsirregularly 
issued or void.—New special tax-bills in payment for improvement work must 
be issued on demand and surrender of those incorrect because the district was 
wrongfully defined under the charter; and mandamus lies to enforce the con- 
tractor’s right thereto: State ex rel. vs. St. Louis, 183 Mo. 230. 


If the original bill was void and recovery defeated on that ground, the power 
to issue is not exhausted, but a new assessment may be had and new bills may 
be issued: Eyerman vs. Provenchere, 15 Mo. App. 256, 262, 270; Myerman vs. 
Pavne, 28eMOs ADD. iz.) ce 


But if the original bill was not void, but irregular only, a final judgment for 
defendant will bar another action on the same bill after it has been corrected: 
Weber vs. Schergens, 28 Mo. App. 587; Eyerman vs. Payne, 28 Mo. App. 1. c. 76; 
Eyerman vs. Scollay, 16 Mo. App. 498; but an amendment of the petition after 
eorrecting the bill is proper: Galbreath vs. Newton, 45 Mo. App. 312. 


A special tax bill, whether void, voidable or merely imperfect, as issued, may 
be amended within the time limited for its enforcement: Vieths vs. Planet Co., 
64 Mo. App. 207. See as to limitation of tax-bills, zufra, this section. 


The particular officer may erase the wrong and insert the true name of the 
owner, even after expiration of his term: Stadler vs. Roth, 59 Mo. 400. So 
after expiration of his term he has the right to make proper amendments in 
other respects: Morley vs. Weakley, 86 Mo. 451 (changing blocks and lots); Riley 
vs. Stewart, 50 Mo. App. 594, 661 (issuing three in place of one, where such neces- 
sary); Galbreath vs. Newton, 45 Mo. App. 312 (holding that the fact that the 
late official had become non-resident made no difference; and allowing the 
amendment in the cause pending after remanding by the appellate court). The 
amendment must be made by the persons in office when the proceedings were 
had, though their terms have expired: Kiley vs. Cranor, 51 Mo. 541. Cases 
supra. 


As to right to amend the tax-bill, see also Eyerman vs. Blakely, 13 Mo. App. 
407; Pendergast vs. Richards, 2 Mo. App. 187. 


Computation and Signatures ot President of Board and Comp- 
troller.—A special tax-bill is not void because the President of 
the Board of Public Improvements does not personally compute, levy or assess 
the cost of the improvement; if he attaches his name to the tax-bill, it is his 
act, and it is immaterial whether the actual computation is by him or an ap- 
pointee: Heman Const. Co. vs. Loevy, 179 Mo. 455, 466, distinguishing Eddy vs. 
Nevada, 123 Mo. 546. To same effect see Dickey vs. Porter, 101 S. W. 586, 594 
(Sup. Ct., March 30, 1907); Jaicks vs. Merrill, 98 S. W. 753 (Sup. Ct., Dec. 22, 
1906); see also as to power of delegating computation: Nevada vs. Morris, 43 
Mo. App. 586; Sedalia vs. Donohue, 190 Mo. 407; Jaicks vs. Merrill, supra. But 
in Stifel vs. Cooperage Co., 38 Mo. App. 340, it was held that the duties im- 
posed on the President of the Board of Public Improvements are discretionary, 
personal, and not ministerial and cannot in his absence be executed by a member 
of the board acting as president “sro tem.’; and that tax-bills signed by such 
“president pro tem.’ are void; they must be signed by the President of the Board, 


414 CHARTER OF. THE CITY OF ST. LOUIS. LART. VI, Sec. 25. 


So also in Eyerman vs. Payne, 28 Mo. App. 72, it is held that while special tax- 
bills may be countersigned by a deputy comptroller in, the Comptroller’s ab- 
sence or sickness, where it is shown that there is such an officer, because the 
duty to contersign is ministerial or formal, yet the ordinance under which such 
deputy was appointed must be proved; and if signed by the deputy it is void 
unless signed by him in the name of his principal. 


Sec. 25. Special tax bills to bea lien on oneeen 
collected in name of | contractor — interest — city Mar- 
shal to serve notice—action for false return—suit by at- 
tachment against non-resident.—Said tax bill shall be and _ be- 
come a lien on the property charged therewith, and may be eol- 
lected of the owner of the land, and in the name of and by the contractor, 
as any other claim in any court of competent jurisdiction, with interest at 
the rate of six per cent per annum after thirty days from notice of its issu- 
ance, as hereinafter provided, and if not paid within six months after such 
notice, then at the rate of eight per cent per annum from the date of said 
notice; provided, however, that special tax bills payable in installments 
shall bear interest as hereinafter provided. It shall be the duty of the City 
Marshal, at the request of the holder or owner of any tax bill issued Bie 
this Charter, to serve upon the party or parties named in such tax bill, 
notice of the issuance thereof, which service shall be made in. the manner 
provided by law for the service of writs of summons in civil cases. The re- 
turn of the City Marshal as to service shall be conclusive of the facts there- 
in stated, and any person who may be injured by a false return shall have 
his right of action for damages resulting therefrom against the Marshal on 
his official bond. For the service of each such notice the Marshal shall be 
entitled to the same fee as may be allowed by law for the service of a writ 
of summons. Whenever the Marshal shall make a return of “not found” 
against any party, the institution of suit thereafter shall be deemed and 
taken to be the equivalent of such notice of and demand of payment. In 
case the owner of the ground is a non-resident of the State, suit may be 
brought by attachment, which shall be equivalent to notice, and a demand 
for payment. 

See- note at end of this section. / 


Certified tax bills prima facie evidence—defenses.—Such cer- 
tified bill shall in all cases be prima facie evidence that the work and material 
charged in such bill shall have been furnished, and of the execution of the 
work, and of the correctness of the rates or prices, amount thereof, and of 
the liability of the person therein named as the owner of the land, charged 
with such bill, to pay the same; provided, that nothing in this section shall 
be so construed as to prevent the party charged with the payment of said 
bill from pleading in reduction of the amount of same, that the work 
therein mentioned was not done in a good and workmanlike manner; and 
provided that the party charged shall set up, by way of defense, that the 
work was not done in a workmanlike manner, according to the class of 
work mentioned in the contract, and that such party, before the commence- 
ment of the suit, tendered to the contractor the full value of such work 
done, and shall establish the same on the trial, the recovery shall only be 
for the amount, so tendered, and judgment for costs shall be rendered 
against the plaintiff. 


See note at end of this section. 


City not liable on special tax bills.—The city shall not be liable, in 
any manner whatever, for or on account of any work done which is to be 
paid for in the manner provided in this section. 


Certain tax bills shall be divided into parts and may be paid 
in installments—interest—effect of non-payment of interest or 


‘ART. VI, Sec. 25.] CHARTER OF THE CITY OF ST. LOUIS. 415 


‘installment when due.—Provided however, that every special tax bill 
authorized by this Charter to be levied or assessed for the construction or recon- 
struction of streets avenues, highways, boulevards or district or joint district 

sewers, shall be divided into not less than three, nor more than seven, equal 

parts, as may be provided by the ordinance authorizing such improvements, 
payable and collectable in installments as follows: The first installment shall 
become due and payable thirty days after notice of the issuance thereof, 
without interest; the second installment shall become due and payable one 
year after such notice; the third installment, two years; the fourth install- 
ment, three years; the fifth installment, four years; the sixth installment, 
five years; and the seventh installment, six years, after such notice; pro- 
vided, however, that the owner, or any person having an interest in the 
property charged with a tax bill may pay the same in full at any time 
within thirty days after notice as aforesaid, without interest, and such 
owner or person having an interest may pay such tax bills in full at any 
time by paying interest thereon as follows: If paid at or before maturity 
and more than thirty days after notice, as aforesaid, at the rate of six per 
cent per annum from date of notice to date of payment; if paid after ma- 
turity, at the rate of six per cent per annum from date of notice to date 
of maturity, and at the rate of eight per cent per annum from date of ma- 
turity to date of payment; all interest shall be payable annually from date 
of notice of the issuance of tax bills. If any installment of any such spe- 
cial tax bills, or any interest on any installment, be not paid when due, 
then, at the option of the holder thereof, all remaining instaliments shall 
become due and collectable, together with interest thereon as aforesaid. 

Suits may be brought to enforce the payment of such special tax bills, or 

any installment or installments thereof, with any interest due on any in- 
stallment, in the manner herein provided for the bringing of such suits on 

-other special tax bills. : | 


See note below. 


Limitation of lien of special tax bills—entry of satisfaction— 
Whenever any special tax bill issued heretofore, or hereafter to be issued, 
to a contractor or contractors, shall be paid, it shall be entered satisfied on 
the register in the Comptroller’s office; and the lien of any bill so issued 
that is not entered satisfied within two years after its maturity, unless pro- 
ceedings in law shall have been commenced to collect the same within that 
time, and shall still be pending, shall be destroyed and of no effect against 
the land charged therewith; provided, however, that where bills are not 
paid in installments, the lien thereof shall terminate within two years after 
their date, unless such proceedings shall have been commenced within that 
time and be still pending. 


This section is the amendment passed in 1901. 


Interest under former section, see Paving Co. vs. Peck, 186 Mo. 506; Bank vs. 
Woesten, 176 Mo. 49; Perkinson vs. Schnaake, 108 Mo. App. 255 (character of 
demand necessary): Eyermann vs. Blakely, 78 Mo. 145, 152 (power of city to 
impose penalties upheld). 


Reduction of the bill because of failure to furnish the work as ecalled for in the 
contract and faulty construction may be shown: Hill-O’Meara vs. Hutchinson, 
100 Mo. App. 294, 297; Heman vs. Franklin, 99 Mo. App. 346. 


But where the case is tried on the theory that substantial compliance entitled 
the recovery of the whole amount, an instruction for pro tanto recovery is prop- 
erly refused: Heman vs. Larkin, 108 Mo. App. 392, 397; Heman Const. Co.: vs. 
Loevy, 179 Mo. 455, 470. 


And the defense (in reduction in the amount). that the contract was not per- 
formed in a workmanlike manner, can only be made upon tender of the amount 
justly due for the work done:. Asphalt Co. vs. Ullman, 137 Mo. 1. ec. 570 (under 
St. Joseph charter, which in this respect is like that of St. Louis). 


CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 25. 


And a strict compliance with’ the work prescribed has never been insisted upon 
by the city as a condition of acceptance: See cases cited in this note herein- 
after. 


So recovery pro tanto is also allowed where the ordinance under which the work 
was done was partly valid and partly invalid: See cases in note to sec. 15 of 
this article. 


And by sec. 28 of this article, provision is made for timely objection by any 
citizen or taxpayer that the work is not being done according to contract (while 
in progress), and for an examination and decision by the Board, etc., with 
power to make such order as shall be just and reasonable, carried out by ordi- 
nances: R. C., secs. 1922-1932. 


Action to Enforee Tax-Bill—Nature of Liability—Essentials to Validity. 


There must be a special tax-bill made out in accordance with law; and there 
can be no recovery unless the special tax bill sued on is put in evidence; there 
eannot be scrre factas Or execution on the original condemnation judgment in 
which the amount of benefits is fixed: St. Louis vs. Brinckwirth (decided May 
29, 1907, and at this writing not yet reported), overruling Eyssell vs. St. Louis, 
168 Mo. 607. 


Proceedings against property owners to enforce special tax-bills for local im- 
provements are in the nature of proceedings zm rem to enforce the lien on the 
property and compulsory payment can only be made by a sale of the assessed 
property, not by judgment Zn personam: Barber Asphalt Co. vs. St. Joseph, 188 
Mo. 451 (citing numerous cases and showing the abandonment of the former 
theory that they could be enforced as personal judgments); Heman Const. Co. 
ws. Loevy, 179 Mo. 455, 471; Hill-O’Meara vs. Sessinghaus, 106 Mo. App. 163 (con- 
struing a sewer bill judgment as not being personal); St. Louis vs. Allen, 53 Mo. 
50. 


The lien is against each lot severally, though the bills be issued serially, and 
where in a condemnation proceeding, in order to clear the title of the liens of 
tax-bills, a certain sum is paid into court by the city by consent of all persons 
interested, such sum stands in lieu of the lots, and if insufficient in the end to 
pay the bill and interest, that will not make such bills a lien on adjacent lots 
against which the bills were not severally issued: Ross vs. Gates, 117 Mo. App. 
237. 


Public property held for public uses is not subject to special taxes, nor can a 
general judgment be rendered against a public corporation, unless the legisla- 
tive power has clearly so enacted: St. Louis vs. Brown, 155 Mo. 545, 560; Barber 
Asphalt Co. vs. St. Joseph, 183 Mo. 451, 455, and cases cited; Clinton ex rel. vs. 
County, 115 Mo. 557. 


As to what property is subject to special taxation and what is exempt, see note 
to sec. 14 of this article. 


But the proceeding is not so strictly zt vem as to bind persons not parties, 
etc.: See Jaicks vs. Sullivan, 128 Mo. 177, 182, e¢ seg., and cases there cited; 
Stadler vs. Roth, 59 Mo. 400; and see further, succeeding paragraphs of this note. 


The ability of a city to create a lien on the property of the abutting owner for 
street improvements is not founded on any pre-existing right, but is 77 tnvttum, 
and rests exclusively on a substantial adherence to the method prescribed by the 
ordinances authorizing the same, and of the charter as the basic power: Paving 
Co. vs. Munn, 185 Mo. 546, 574; Kiley vs. Oppenheimer, 55 Mo. 374; Rose vs. Tres- 
trail, 62 Mo. App. 352; Smith vs. Westport, 105. Mo. App. 221, 224; Construction 
Co. vs. Geist, 37 Mo. App. 509, 512-513; Independence vs. Gates, 110 Mo. 1. c. 385. 
See also Elsberry vs. Black, 120 Mo. App. 14, 23, and Excelsior Springs vs. Et- 
tenson, 120 Mo. App. 215. 


And there must be a fair compliance with all conditions precedent, whether re- 
quired by charter or ordinance; but a construction so strict as to defeat the 
obvious intent of the ordinance for improvement is not required, nor is a literal 
compliance required: Cole vs. Skrainka, 105 Mo. 303, 308-309; St. Joseph vs. 
Landis, 54 Mo. App. 315, 322, 325; Allen vs. Rogers, 20 Mo. App. 295-296. 


A strict compliance with ordinance and contracts thereunder prescribing the 
manner in which the public improvement shall be made, has never been re- 
quired as a condition to the acceptance of the work by the city, or to the validity 
of the tax-bill for the cost: Steffen vs. Fox, 124 Mo. 630, 635; s. c. 56 Mo. App. 9; 
Sheehan vs. Owen, 82 Mo. 458. 


ART. VI, Sec. 25.] CHARTER OF THE CITY OF ST. LOUIS. 417 


Especially is this the case where the non-compliance was not the fault of the 
contractor, but of the city officials: HEyermann vs. Provenchere, 15 Mo. App. 256 
(conflict between plans and ordinance). 


Acceptance of the work is not a judicial act of the commissioner, and he may 
correct his decision if rendered in consequence of clerical error in his office: EHyer- 
mann vs. Provenchere, supra; citing Prendergast vs. Richards, 2 Mo. App. 187. 


Where the tax-bill is void, recovery may be had on new tax-bills thereafter is- 
sued which are valid: See note to sec. 24 of. this article. 


Although a material departure, going to its substance, avoids the tax-bill: 
King-Hill vs. Hamilton, 51 Mo. App. 120, 124. 


As to partial completion of work called for, see note to sec. 14 of this article. 


In an action on a special tax-bill for benefits growing out of a street opening 
or widening proceeding, or change of grade, the claim that there was no benefit, 
or that there has been no compensation for property taken, or other matters 
that could have been or were raised in the original proceeding, cannot be raised 
in an action to enforce the special tax-bill issued therefor: See cases in note 
to section 2 of this article (under ‘‘Conclusiveness of Proceeding,” etc.). 


Nor can the owner in an action on a special tax-bill for street construction or 
other local improvement (where there was no original court proceeding), raise 
the question that he has not been benefited, nor that there was no necessity for 
the improvement, nor other matters of that kind, which are legislative in char- 
acter: See authorities in note to sec. 14 of this articla 


“All these obstructive measures and technical defenses upon which property 
owners resist the payment of special tax-bills after getting the benefit of the 
work, result in permanent injury to the city and to the holders of property 
therein,’ as it compels the contractors to demand higher prices for the work: 
Thompson, J., in Eyermann vs. Provenchere, 15 Mo. ND DanC meas 


The officers under the charter of St. Louis are selected presumably on account 
of their fitness and integrity, and their intentions are presumed to be honest, 
and that in performing their public duties they deal fairly and justly with 
citizen and property owner: Bank vs. Woesten, 147 Mo., l. c. 481; Barber Asp. 
COA VS MELE ZO GeO. A DDis LaGas Vo: 


“Action by the city officials in regard to imposition of special taxes for a street 
improvement comes within the protection of the general maxim that public of- 
ficers are presumed to have rightly acted until the contrary is made to appear. 
It is a grave error to suppose that the law looks with any disfavor upon these 
special bills for street improvement. They are to be treated with the same fair- 
ness and justice that should be accorded all public acts and a want 
of conformity to law is not to be presumed as to such governmental action any 


more than to other proceedings of public functionaries’: Barclay, J., in Asphalt 
Pave Com Vs UllmanwLa (low 1. Cs 5050..tO same efrects st Joseph vs, Harrell, 106 
Mo. 437. 


But persons dealing in special tax-bills or taking contracts for city work are 
conclusively presumed to know the law, and at their peril to see that it is com- 
plied with: Carroll vs. St. Louis, 4 Mo. App. 191, 192-193; Pryor vs. Kansas City, 
153 Mo. 135, 142, 150. See cases and discussion in note to Art. XVI, sec. 7. 


Owners and names: As to where owners hold undivided interests, see Louisiana 
vs. McAllister, 104 Mo. App. 152. 


Where name of one co-owner is omitted from bill, see Farrell vs. Rammelkamp, 
64 Mo. App. 425 (bill not prima facie evidence as against him). 


Where minors hold undivided interests, see Horstmeyer vs. Connors, 56 Mo. 
ADD. hb, L2i. 


Life tenant and remaindermen, see Bobb vs. Wolff, 54 Mo. App. 515. 


Property held in trust, beneficiary proper person, but trustee’s name not neces- 
sary as owner: St. Louis vs. Creamer, 43 Mo. 552. 


Parties to deed of trust, on the property: See St. Louis vs. De Noue, 44 Mo. 136. 


“The owner” against whom the proceeding to enforce the special tax is 
brought, in the absence of notice to the contrary, is the record owner, and a pur- 


418 


CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 25. 


chaser at the sale thereunder gets a good title against an unrecorded deed of 
which the purchaser has no notice: Vance vs. Corrigan, 78 Mo. 94; Smith vs. Bar- 
rett, 41 Mo. App. 460, 465; but as to actual notice, see cases cited in Stuart vs. 
Ramsey, 196 Mo., 1. c. 414. (See cases to same effect under sales for delinquent 
general taxes, referred to in note to sec. 491 of “Laws Specially Applicable to St. 
Louis’’). But if the person in whose name the property stands of record be dead 
when the suit is instituted, it is void; the interests of his heirs or devisees in the 
land are not divested: Jaicks vs. Sullivan, 128 Mo. 177, 187. And the record 
“owner” at the commencement of the suit, not when the special tax-bill is issued, 
is the proper party to proceed against: Smith vs. Barrett, 41 Mo. App. 460, 465 
(Kansas City Charter): 


Mistake or omission of the name of the owner is not fatal as to the tax-bill and 
does not vitiate it; but the rights of such owner are not affected until he has his 
day in court: Byerman vs. Scollay, 16 Mo. App. 498; St. Louis vs. De Noue, 44 
Mo. 136; Stadler vs. Roth, 59 Mo. 400 (holding that the correction could be made 
by erasure and insertion by the successor in office, but that this destroyed the 
prima facie effect of the bill): Galbreath vs. Newton, 45 Mo. 312; Veiths vs. 
Planet Co., 64 Mo. App. 207 (holding that the new tax bill, properly re-executed, 
has the prima facie proof of validity the same as if originally so issued). 


Defects in apportioning cost.—Nor does a slight error in computation make the 
bill void: Creamer vs. McCurry, 7 Mo. App. 91; Neenan vs. Smith, 60 Mo. 292. 


Error in theory of apportionment of cost may be corrected by issuance of new 
bills: See note to sec. 24 of this article. 


But a computation not according to law, or erroneous, may be shown in defense 
of the bill: Creamer vs. Allen, 3 Mo. App. 545; Haegele vs. Mallinckrodt, 3 Mo. 
App. 329, 334; Gallaher vs. Bartlett, 64 Mo. App. 258, 262. 


A special tax-bill is void unless grounded on a valid assessment: Heman vs. 
Farish, 97 Mo. App. 393, 401; St. Louis vs. Brinckwirth, (decided Sup Ct., May 
29, 1907, not yet reported). 


Real party in interest as plaintiff in suit on special tax-bill which has been 
pledged to secure a debt: Dickey vs. Porter, 101 S. W. 586, 590 (Sup. Ct., March 
30, 1907), with discussion of authorities. 


As to proper assessment district, method of ascertaining benefits, ete. See note 
to section 14 of this article. 

Description of property in special tax-bill is sufficient if the property is identi- 
fled thereby: Const. Co. vs. Loevy, 64 Mo. App. 430. 


An attachment of the property subject to the tax can be maintained against 
non-residents not served, in aid of a suit on a special tax-bill, under the St. 
Louis charter: Syenite Granite Co. vs. Bobb, 37 Mo. App. 4838. 


Demand before suit is not (at least under the old provision) a condition prece- 
dent to a recovery on the tax-bill: Eyermann vs. Provenchere, 15 Mo. App. 
2G 2 TLe 


Sufficiency of allegations in petition: A petition alleging making of tax-bill, 
its contents with dates thereof, its assignment, its filing, and that defendant 
owns the lot described therein, is sufficient: Turner vs. Patton, 54 Mo. App. 654 
(Kansas City); Vieths vs. Planet Co., 64 Mo. App. 207, 211 (St. Louis); see also 
Bank vs. Wright, 68 Mo. App. 144. 


Prima facie evidence of a certified special tax bill: Heman vs. Larkin, 108 Mo. 
App. 392, 397; Eyermann vs. Blakesly, 78 Mo. 145, 148 (upholding such laws); 
Moberly vs. Hogan, 131 Mo. 19; Heman vs. Farish, 97 Mo. App. 393; Asphalt Co. 
vs. Ulman, 137 Mo. 543, 560; St. Joseph vs. Farrell, 106 Mo. 437; Nevada vs. Mor- 
ris, 43 Mo. App. 586. 


Not conclusive: Haegele vs. Mallinckrodt, 3 Mo. App. 329, 335; Creamer vs. 
Allen, 3 Mo. App. 545; Gallaher vs. Bartlett, 64 Mo. App. 258, 262. 


Tax-bills are not prima facie evidence against persons whose names as owners 
are omitted: Farrell vs. RammelKamp, 64 Mo. App. 425, 428; St. Louis vs. Noue, 
44 Mo. 1386; Kansas City vs. Surety Co., 71 Mo. App. 315; nor do they become so 
even when afterwards corrected by erasure and substitution by proper officer: 


ART. VI, Sec. 25.] CHARTER OF THE CITY OF ST. LOUIS. 419 


Stadler vs. Roth, 59 Mo. 400. But it is otherwise where the tax-bill is amended 
and properly re-executed by the officials: Vieths vs. Planet Co., 64 Mo. App. 


207-210, holding it as prima facte evidence as if originally so issued. Tax-bills 
not properly signed are not prima facte valid: Eyerman vs. Payne, 28 Mo. App. 
12. 


Ner are tax-bills for repairs prima facie valid for construction work: Farrell 
vs. Rammelkamp, 64 Mo. App. 425, 428. 


Estoppel of owner. A property owner is not estopped from defending against 
a tax-bill as being void on the ground that he stood by and made no protest 
when the plaintiff was doing the work which benefited his property, nor be- 
cause he petitioned for the improvement to be made. A void tax-bill cannot 
be madé valid by any act of the owner: Perkinson vs. Hoolan, 182 Mo. 189, and 
cases cited. To same effect: Keane vs. Klausman, 21 Mo. App. 485, 488; Verdin 
vs. St. Louis, 131 Mo. 26 1. c. 98, but see contra Sherwood, J., dissenting, p. 
143 e¢ seg. But it was held that the owner of an undivided interest is estopped 
from seting up his partial ownership in reduction of the tax-bill where he has 
held himself out as sole owner: Louisiana vs. McAllister, 104 Mo. App. 152. 
And that a property owner cannot affirmatively induce a departure from the 
ordinance and contract by his own acts, and then avail himself of the change 
to escape payment: Hill O’Meara vs. Hutchinson, 100 Mo. App. 294, 301. And 
see also St. Joseph vs. Landis, 54 Mo. App. 613, 626. So also the owner who 
stands by and sees the work properly done and gets the benefit thereof will 
not be heard to complain afterwards in a suit on the tax bills that there were 
irregularities in the proceedings in the obtaining of the contract of the contract- 
or, such as vague specifications as to materials, manner of work, etc., so as to 
prevent competitive bidding: Jaicks vs. Merrill, 98 S. W. 7538, 758 (Sup. Ct. 
Dec. 22, 1906). 


A requirement that the property owner file objections to tax-bills in writing 
with a board, within a certain time after issuance thereof, and be concluded 
from making any other defense against the tax-bills, is unconstitutional and 
void: Barber Asp. Co. vs. Rithye, 169 Mo. 376, 382. 


Owner cannot dispute benefits assessed, nor necessity for the work, for which 
special tax-bills are issued in an action thereon: See cases’ cited in note to 
Art. VI, sec. 14. 


Constitutional exemptions from taxation do not apply to special tax-bills: 
Clinton vs. Co., 115 Mo. 557. And see further on this and analogous points, note 


to sec. 14 of this article: 


Limitation of special tax-bill: Under the Charter the original condemnation for 
street purposes being a judgment, the collection of the benefits assessed as 
resulting from the _ street opening, and evidenced by special tax-bill, was not 
barred in five years but only after ten years like any other judgment: Eyssell 
vs. St. Louis, 168 Mo. 607; St. Loufs vs. Annex Co., 175 Mo. 63. But this does not 
apply to a special tax-bill for improvements: EysseN vs. St. Louis, supra, p. 621. 
See as to benefits from street openings, note to sec. 1 et seg. of this article. 
As to limitations of lien under Kansas City charter, providing for payment on 
installment plan, and in case of default in payment of principal or interest 
authorizing collection of all unpaid installments, see Barber Asph. Co. vs. 
Meservey, 103 Mo. App. 183 (three opinions, all concurring that limitation only 
runs from maturity of last installment); Ross vs. Gates, 117 Mo. App. l. c. 244. 


It is held that limitation of special tax-bill runs from date of delivery to con- 
tractor, not date of bill: Folks vs. Yost, 54 Mo. App. 55 (Kansas City); So 
under the St. Louis Charter it was held that the limitation begins to run from 
the date of the bill and not from the completion of the work (the question 
whether it begins to run from delivery or date was not raised) so that where 
new bills are issued in place of former void ones time begins from the date of the 
new bills which supersede the former: Eyerman vs. Payne, 28 Mo. App. 72, 76. 
But this does not apply unless the bills first issued are void; if only irregular 
as in case of erroneous name of owner, time runs from the first: Eyerman vs. 
‘Scallay, 16 Mo. App. 498; so where the proper party is brought in by amend- 
ment after the time limited for the lien, the lien is dead and cannot be en- 
forced: Smith vs. Barrett, 41 Mo. App. 460, 468; Jaicks vs. Sullivan, 128 Mo. 177, 
and cases cited (where the suit was originally brought against one deceased). 


Delivery is presumed on day of date of bill in the absence of any evidence: St. 
Louis vs. Armstrong, 38 Mo. 29, 33. 


4320 CHARTER. OF THE CIty OF Si Louis: [ART. VI, Sec. 26. 


The lien attaches (it was held, under a former charter) from the date of the 
assessment, which cannot be made until the work is fully completed and the 
precise amount of its costs ascertained: Anderson vs. Holland, 40 Mo. 600, 601, 
relying on St. Louis vs. Clemens, 36 Mo. 467 1. c. 478. 


Under the present charter (Art. VI, sec. 24), the special tax-bills do not become 
a lien on the property chargeable with the cost of the work until they are 
delivered to the party designated in the charter to receive them: Mercantile 
Trust Co. vs. Niggeman, 119 Mo. App. 56, 62 (relying upon Everett vs. Marston, 
186 Mo. 587, construing the Kansas City charter, as determining the question). 


Action against city for failure to permit contractor to complete work, when 
barred: Ash vs. Independence, 103 Mo. App. 299. The City of St. Louis is liable 
to a contractor for street improvements where by its own acts it prevents the 
issuance of tax-bills and orders the work it contracted for to be stopped without 
cause: Steffen vs: St. Louis, 135 Mo. 44, 51>"see also Chambers’ vs. St.) Joseph, 
33 Mo. App. 536, and Dist. Columbia vs. Lyon, 161 U. S. 200. Where the Charter 
provides that the city shall not be liable on the special tax-bills, the fact that 
the supposed street is really not such, which renders the tax-bill void, does 
not entitle the contractor to recover from the city, though the work be com- 
pleted jaccordings, sto, contract: Carroll evs t-aelOU 1S ae VOM Dae lo lames Hoes ce 
Murray vs. Kansas City, 47 Mo. App. 105 (where there was no such limitation 
shown as exists in the St. Louis Charter). 


An action lies against the city to remove a cloud on title caused by the issuance 
of a void special tax-bill purporting to be a lien: See full discussion in Verdin 
vs. St. Louis, 131 Mo. 26, 74-80, 100, and in dissenting opinion in the same case, 
108 ef seg., also 152 ef seq. See also as to cancelling special tax-bill, Heman 
vs. Skinker, 148 Mo. 3879. 


Installments (under Kansas City charter, when due and how pleaded): Jaicks 
vs. Merrill, 98 S. W. 758 (Sup. Ct. Dec. 22, 1906). 


Sec. 26. Special tax bills may be assigned—formality re- 
quired —payment.—Such special tax bills and len thereof shall be assig- 
able. Hach and every transfer of special tax bill shall be registered in the office 
of the comptroller, and no transfer thereof shall be valid or effectual until it is so 
registered. [Every transfer shall be in writing, and witnessed by the Comp- 
troller personally, or by one of his deputies, duly acknowledged before a 
notary public, or other officer authorized to take acknowledgments, and in 
each transfer there shall be designated the City Treasurer or the name of 
some bank or trust company located and doing business in the City of St. 
Louis, to whom payment of the said tax bill, or of any of the installments 
thereof, or of any interest on any installment thereof, may be made at or 
after maturity; and payment made to the City Treasurer, whose duty it 
shall be to receive and receipt for the same, if tendered, or to the designated 
bank or trust company, shall be sufficient to procure the partial or total 
entry of satisfaction of such tax bill, as the case may be, in the office of the 
Comptroller on presentation to the Comptroller of the tax bill duly re- 
ceipted, or on presentation of a receipt of the City Treasurer or of such 
designated bank or trust company showing such payment. AIl payments 
made to the City Treasurer shall be by him paid over to the party or parties 
entitled thereto upon the warrant of the Auditor. 


This section, like those preceding, was one of the amendments adopted Oct. 
22, 19 01% 


Special tax-billSs were assignable under the old charter provision as a matter 
of law; as to this, and what is sufficient to establish assignment under the old 
Charter see Bambrick vs. Campbell, 37 Mo. App. 460, 462. See also as to assign- 
ment under Kansas City charter: Dickey vs. Porter, 101 S. W. 586 (Sup. Ct. 
March 30, 1907). 


Substitution of assignee by amendment in pending suit: Springfield vs. Weaver, 
13% Mo; 1:,e:) 670: 


' 


ART, VI, Sec- 27.] CHARTER OF THE CITY OF ST. LOUIS. 421 


CONTRACTS FOR PUBLIC WORK. 


Sec. 27. Assembly forbidden to contract for public work 
b. P. I. to submit ordinance for proposed work— advertising for 
bids, requisites—contract to be let to “lowest responsible 
bidder’’— one having failed to carry out prior contract 
with city deemed not responsible—bids may be rejected— 
sureties on contractor’s bond. —The Assembly shall have no power 
directly to contract for any public work or improvement, or repairs thereof, 
contemplated by this Charter, nor to fix the price or rate therefor; but in all 
cases, except in case of emergency work or necessary repairs requir- 
ing prompt attention, the Board of Public Improvements shall pre- 
pare and submit to the Assembly an ordinance, with an estimate of 
the cost endorsed thereon by the President of the Board, authorizing 
the doing of any proposed work, and, under the direction of the ordinance 
authorizing the same, shall advertise for bids, in the papers doing the city 
printing, three times, the last publication to be at least ten days before the 
day appointed for the opening of the bids, stating the general nature of 
the work to be done and the time and place when the bids will be received, 
and shall let out said work by contract to the lowest responsible bidder. 
Any other mode of letting out or contracting for work shall be held as 
illegal and void. But when so provided in the ordinance authorizing or 
directing the work to be done, the advertising may be for a different period, 
and in other papers than those provided above. No security on any bond 
shall be taken unless he shall pay taxes on property equal in an amount to 
his liability on all bonds on which he may be security to the city. And no 
contract shall be made under this section without bond for its faithful 
performance, with at least two sufficient securities. No person, firm or cor- 
poration shall be deemed such a responsible bidder who has failed or re- 
fused to fully carry out any prior contract let to him or them for doing any 
work contemplated by this Charter; provided, however, that the said Board 
of Public Improvements shall have full power and authority to reject all 
bids so advertised for and submitted, whenever, in its judgment, the inter- 
ests of the city may require, and in such event shall, in like manner, re- 
advertise for bids for such work. 


See note below. 


Certified checks to accompany all bids.—A1]I bids for the doing of 
public work shall be accompanied with a certified check on some bank or 
trust company in the City of St. Louis, payable to the order of the Treas- 
urer of the City of St. Louis, for the amount of the deposit required, en- 
closed in the sealed envelope enclosing the bid. 

Also an amendment adopted Oct. 22, 1901. 


For ordinance provisions concerning the advertisements of public improvements 
and the awarding of contracts see Rev. Code, Chap. 24, Art. 8, being sections 
1976-1994a inclusive; also sec. 1165. 


Under the charter provisions the assembly has no authority, but the Board of 
Public Improvements alone is authorized, to let contracts: See cases below 
cited; but the water commissioner has the power of “doing of all work, and the 
furnishing of all materials and supplies for the water works,” etc., except where 
it is not practical to do so by contract; and all contracts must be approved by 
the council: Art. VII, sec. 3. And the Commissioner of Supplies purchases all 
articles needed by the city in its departments, etc.: Art. IV, sec. 29; but the fire 
chief in emergencies may make certain purchases with the Mayor’s approval: 
Art. XI, sec. 2; and all printing and binding is contracted for by the Register, 
on public lettings, subject to council’s approval, with provision for temporary 
CONILTACES. GtG;a Art. XV, sec: 1. 


What is public work: Under the provision that the B. P. I. is to lef all cone 
tracts for public work, the Board of Health has no power to contract for re- 


422 


CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 27. 


moval of garbage, and such a contract is void: State vs. Butler, 178 Mo. 272. 
See as to garbage ordinances R. C., Ch. 11, Art. 10, secs. 1196 and following, and 
see notes thereto. 


A contract for erecting boxes on the streets for waste paper is public work 
and must emanate from the B. P. I. or be void: State ex rel. vs. St. Louis, 161 
Mo. 371. 


An ordinance authorizing the present purchase of existent property (water pipe 
laid by citizens with the city’s consent) cannot be considered as public work 
within the meaning of this section: State ex rel. vs. St. Louis, 169 Mo. 31, 37. 


Letting out work to lowest responsible bidder: (See also R. C., secs. 1987 ef seq.) 


This clause is not violated because the contract included provisions of ordi- 
nance requiring dressing of all stone to be done in Missouri: See cases cited in 
next section (28) of this article. 


This clause, (sec. 27) is not violated because of the selection by the Board of 
Public Improvements of a patented cement, manufactured by only one company, 
as a binding for the macadam used: Swift vs. St. Louis, 180 Mo. 80, and authori- 
ties cited. 


Nor because of the selection of an article of paving exclusively made by a 
given group of persons, or exclusively within the control of one concern: 
Asphalt Co. vs. Hunt, 100 Mo. 22; Swift vs. St. Louis, 180 Mo.. 80: Verdin vs. 
St. Louis, 131 Mo. 26, 91, 100, 168; Paving Co. vs. Field, 188 Mo. 182. 


In Virdin vs. St. Louis, 131 Mo. 26, Judge Sherwood points out (pp. 161-164) that 
sec. 29 of Art. IV of the Charter applies exclusively to the Supply Commissioner, 
who has no discretion, and that it is independent of sec. 27 of Art. VI, which 
applies to the Board of Public Improvements letting out the contracts to the 
lowest responsible bidder, thus according discretion. In the one case it 13 a 
contract of purchase, in the other for work. 


See also as to discretion in selecting lowest responsible bidder, and the pre- 
sumption of right acting by the board to the citizens as well as property owners: 
Bank’ vs. Woeston, 147 Mo. 1. c. 483; Clapton vs. Taylor, 49 Mo. App. I. ec 123 
et seg., Gibson vs. Owen, 115 Mo. 258 (allowing award to next lowest bidder with- 
out readvertising where the lowest one declines to comply with the require- 
ments after being selected). And where there is such discretion mandamus will 
not lie: State ex rel. vs. McGrath, 91 Mo. 386 (state printing). Also see cases 
in note to sec. 25 of this article, as to presumption of right acting by the officials. 


Nor is a contract invalidated on the ground of interference with the determina- 
tion of who is the lowest bidder, or as including terms for repairs with those 
of construction because it contains a clause that the street or improvement, 
after construction, shall be maintained by the contractor for a number of 
years, even when the advertisement for bidders, and contract itself, includes 
separate terms and conditions for the construction and for the maintenance: 
Bank vs. Woesten, 147 Mo. 467. 


That such a provision is not one for repairs but merely for the quality of the 
work at the outset being sufficiently good to last for the time specified is held 
in numerous cases cited in note to sec. 15 of this article; see also note to 
sec. 18. 


It was held in Allen vs. Rogers, 20 Mo. App. 290, that a contract was not 
invalidated because of uncertainty as to the lowest bidder because containing 
a clause that the contractor shall do such extra work as the street commis- 
sioner shall direct at a price fixed by the commissioner; the court holding such 
clause to refer only to work resulting from unforeseen circumstances in carry- 
ing out the contract. 


That there is but one bid does not, of course, invalidate the contract: Barber 
ASP. COMVS ML eZeL elo eNO. AD Dalen Geli as 


Mistake in bid; withdrawal of bid by contractor, etc.: See Moffett vs. Rochester, 
173 U. S. 373 (under charter of City of Rochester). 


As to lost bid see Morley vs. Weakley, 86 Mo. 451, 457. 


Contractor’s bond; and also for contract provisions, time for completion of 
work, etc., see note to section 28 of this article. 


ART. VI, Sec. 28.] CHARTER OF THE CITY OF ST. LOUIS. 493 


Ustimate of cost required: See on this point cases cited in note to section 15 
of this article. Also see next section (28). 


Notice of letting of a contract for public work, the cost of which is to be col- 
lected from the citizens nolens volens by special assessment is a condition 
precedent which must be fairly complied with, whether prescribed by Charter 
or ordinance: Clapton vs. Taylor, 49 Mo. App. 117, 126, and cases there cited; 
Keane vs. Cushing, 15 Mo. App. 96; see s. c. 21 Mo. App. 485. 


Where one of the days of such a publication is Sunday, this does not make 
the notice illegal: Clapton vs. Taylor, susva,; Barber Asp. Co. vs. Muchenberger, 
105 Mo. App. 47; St. Joseph vs. Landis, 54 Mo. App. 315, 324. 


Nor is it fatal that on the day of the letting there is no publication (at least 
if there can be no publication on that day): Clapton vs. Taylor, susra,; Barber Asp. 
Co. vs. Muchenberger, supra (where the last publication was on Sunday, so 
that there could have been none on the day of opening the bids). A news- 
paper does not prove itself; the publisher’s affidavit is prima facie correct; to 
show that a publication did not take place as therein stated it is not sufficient 
simply to produce what purports to be a copy of the newspaper, but such copy 
must be shown to have been intended for circulation: Ross vs. Gates, 117 Mo. 
Apps 237,246 ¢2 seq. Caiscussinge also effect of" a special or “Four O'clock” 
Edition omitting the advertisement). It was held by the court of appeals that 
where the advertisement for the letting of the contract was had before the 
expiration of the 10 days after the approval of the ordinance which must 
elapse before the ordinance goes into effect, the tax-bill issued for the work 
done under the contract was void: Keane vs. Klausman, 15 Mo. App. 96 (s. e¢. 
21 Mo. App. 485); but this case was overruled by the Supreme Court in Spring- 
field vs. Weaver, 137 Mo. 650 (holding that under the Charter, in that case of 
Springfield, it was immaterial whether the advertisement preceded or followed 
the passage of the ordinance). 


Delay in the letting does not invalidate the tax-bill: Jaicks vs. Middlesex, 
98S: W. 159 (Sup. Ct. Dec: 22, 1906). As to delay by the contractor in com- 
pleting the work, see note to next section. 


See. 28. Improvement ordinances to contain specific ap- 
propriation—work may be done in parts, but appropriation 
Shall be made for each part.—Every ordinance requiring work to be 
done shall contain a specific appropriation from the proper revenue and fund 
for such part thereof, as may be payable by the city based upon an estimate 
of cost, to be endorsed by the President of the Board of Public Improvemenis 
on said ordinance, for the whole of the cost of the proposed work. Provided, 
however, that when the work contemplated by such ordinance is of such mag- 
nitude that the total cost thereof would exceed the amount of money then in 
the city treasury, and available for such purpose, the ordinance may provide 
for the whole work, which shall prescribe that it shall be contracted for and 
done in sections or parts as the Assembly shall, from time to time, appro- 
priate the money to pay for the same. But in all such cases the work to be 
done in sections or parts shall be limited to the amount appropriated for 
the doing of such sections or parts, and in this manner ultimately to com- 
plete the work specified. 


See note below. 


Contract provision—suspension of work on complaint—B. P. 
I. to examine and report—cost.— Every contract shall contain a 
clause to the effect that it is subject to the provisions of the charter, that the 
aggregate payments thereon shall be limited by the amount of such specified 
appropriation, and that, on ten days’ notice, the work under said contract 
may, without cost to or claim against the city, be suspended by said Board 
with the approval of the Mayor, for want of means, or other substantial 
cause; provided, that on the complaint of any citizen and taxpayer, that any 
public work is being done contrary to contract, or the work or material used 
is imperfect or different from what was stipulated to be furnished or done, 
the said Board shall examine into the complaint and may appoint two or 


424 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 28. 


more members of said Board to examine and report on said work, and after 
such examination, or after considering the report of said commissioners, 
they shall make such order in the premises as shall be just and reasonable, 
and what the public interest seems to demand, and such decision shall be 
binding on all parties; the cost of such examination shall be borne by the 
contractor, if such complaint is decided to be well founded, and by the 
complainant, if found to be groundless. 


Amendment adopted Oct. 22, 1901. 


Contract provisions: See ordinances Rev. Code, secs. 270, 1918 ef seg., 884 and 
following. A provision in pursuance of an ordinance that all stone used be 
dressed in the State of Missouri is valid: Allen vs. Labsap, 188 Mo. 692, 698; 
or at least will not make a tax-bill void when it is shown that in the particular 
case competition was not restricted thereby: St. L. Quarry Co. vs. Frost, 90 
Mo. App. 677, 689. But the ordinance upon which that clause was based was 
held void in St. L. Quarry Co. vs. Von Versen, 81 Mo. App. 519; it was omitted 
from the Mun. Code 1901 and is not incorporated in present contracts, and may 
presumably be considered as repealed, although no express repealing act has been 
discovered by the reviser; See note to R. C., see. 1921. 


Restriction in contract that laborers work only eight hours per day is valid: 
St. Louis Quarry Co. vs. Frost, 90 Mo. App. 677, 690; Curtice vs. Schmidt, 101 
So. W. (Sup. Ct. March, 1907) 61, 66; (see R. C., sec. 270, and note thereto; also 
ACKING VS: scan sac aol Dee Sea OloE 


An ordinance for street improvements is not void because it leaves certain 
details of construction to the discretion of the proper city officials: See cases 
in note to sec. 15 of this article. 


A provision in a contract for public work that in order to prevent disputes and 
litigation, the city’s commissioner shall determine the amount of the work 
to be paid for, and shall decide all questions which may arise relative to the 
execution of the contract, is valid and his estimate will not be set aside except 
for fraud, partiality or misapprehension of fact: McCormick vs. St. Louis, 
166 Mo. 315 (two judges dissenting on the ground that the commissioner had 
no power to construe the contract). 


The power to make improvements and to let contracts therefor and to exact 
of the contractor a bond for the faithful performance of his contracts neces- 
sarily implies the power to do everything necessary for the faithful performance 
of the work, for the protection of the city and its citizens and for securing the 
best and lowest possible bids. Indeed, it is difficult to conceive of any matter 
of detail incident to the contract and the work, that the city might not re- 
quire, that a private person could require: St. Louis vs. Von Phul, 133 Mo. 1. c. 567. 


Bond of contractor: (See also Rev. St. 1899, sec. 6762, and Rev. Code, sec. 
1989, as to provisions in favor of material men and laborers in case of muni- 
cipal contracts). The bond may be properly conditioned to require the con- 
tractor to pay to the proper parties all amounts due for material or labor 
employed in the performance of the contract; and such provision may be enforced 
by the persons sought to be benefited thereby: ios Ibeepicy Aus \Weeek IRioybUl, sia: 
Mo. 561; Kansas City vs. Surety Co., 196 Mo. 281, 305. See also as to contract 
of school district to same effect: School District vs. Livers, 147 Mo. 580. The 
city should not sue in its own name but to the use of the material-men: Bethany 
vs. Howard, 149 Mo. 504. The contract between the material men and the 
contractor is independent of the contract between the city and the contractor; 
the fact that the contract between the city and the contractor may be invalid 
can have no effect upon the contract between the material men and the con- 
tractor; and after the work is done and paid for by the city to the contractor, 
the latter’s sureties on his bond to the city for the benefit of the material men, 
are estopped from claiming the invalidity of the bond and contract with the 
city: Kansas City vs. Surety Co., 196 Mo. 281, 1. c. 302. 


But it was held by the Supreme Court in St. Louis vs. Wright Contracting Co. 
(101 S. W. 6, decided March, 1907) that the city cannot sue as trustee of an ex- 
press trust for the benefit of property owners on the bond of a contractor who 
had entered into contract with the city for the grading and paving of streets, 
but who in violation of his contract refuses to do any work, thus compelling 
the city to relet the work to another at a higher price, which the property 


ART. VI, Sec. 28.] CHARTER OF THE CITY OF ST. LOUIS. 425 


owners have to pay in special tax-bills. The form of bond as at present in 
use in such cases does not explicitly confer on the property owners a right 
to sue on it, and the court held no such right existed, thereby depriving the 
property owner of all redress against a contractor who violates the contract 
made by the city, thus announcing that while the city may bind the owner’s 
property to pay to the contractor for the improvement, yet it has no right 
to protect him if the contractor violates his agreement to the city. 


Time for completion of work: The tax-bill will not be void if the work is 
completed within a reasonable time, provided no ordinance provisions regulate 
the time and the contract provides certain deduction to be made if the work 
be not completed within a certain specified period, thus manifesting the con. 
templation of a non-completion in that time: Allen vs. Labsap, 188 Mo. 692, 
696; Heman vs. Gilliam, 171 Mo. 258, 267 et seg. reviewing all the cases, dis- 
tinguishing them, and overruling Ayers vs. Schmoll, 86 Mo. App. 349; Curtice vs. 
Schmidt, 101 S. W. 61 (March 28, 1907). 


But even under the above conditions if the work is not finished in reasonable 
time and the contractor does not proceed in reasonably good faith to finish 
in the time specified in the contract, the tax-bill is void: Schibel vs. Merrill, 
185 Mo. 534, and cases cited. 


And if the ordinance does provide within what time the work is to be 
completed, the work must be completed within the time so specified, or the tax- 
bill will be void, and this even if the contract in pursuance of such ordinance 
contains provisions fixing penalties for non-completion in time, or undertakes 
to extend the time, for the ordinance controls the contract whenever repugnant: 
Paving Co. vs. Munn, 185 Mo. 552, 568, reviewing the cases; and see Hund vs. 
Rackliffe, 192 Mo. 312, 323 e¢ seg. And if there is a general ordinance requiring 
the work to be completed ‘“‘within the time agreed on” and the contract fixes 
that time, though the special ordinance providing for the work does not, the 
tax-bill is invalid if not completed according to contract: Springfield vs. Davis, 
80 Mo. App. 574 as explained and distinguished in Heman vs. Gilliam, 171 Mo. 
loc. cit. 267-268; see also Hund vs. Rackliffe, 192 Mo. 312, 323. If the contract 
contain no time limit but the letting notice did specify a limit, which formed the 
basis of the bids, such limit will be considered as intended: Turner vs. Spring- 
field, 117 Mo. App. 418. 


Delays caused by injunctions, bad weather, ete. (when not contracted against) 
furnish no excuse: McQuiddy vs. Brannock, 70 Mo. App. 535, 543-545, approved in 
Trust Co. vs. James, 77 Mo. App. 616; and even when the contract contains a 
saving provision against delays on account of such matters the tax-bills are 
void if the work is delayed beyond the specified time for reasons other than 
those excepted: Springfield vs. Schmook, 120 Mo. App. 41. 


And where the work is not completed within the time required, the Municipal 
Assembly cannot, after the expiration of such time, extend the time for com- 
pletion and no valid tax-bill can issue; vitality cannot be given to an expired 
and forfeited contract: Neill vs. Gates, 152 Mo. 585; Hund vs. Rackliffe, 192 
Mo. 312, 322 ef seg,, distinguishing the cases; see also Spalding vs. Forsee, 109 
Mo. App. 675; Barber Asp. Co. vs. Ridge, 169 Mo. 376. 


But, prior to the expiration of the time fixed for the completion of the work 
and during the life of the contract, the assembly may enact a valid extension 
of the time, and in the absence of fraud, the courts will not interfere with the 
legislative determination as to what is a reasonable extension: Hund vs. 
_ Rackliffe, 192 Mo. 312, 325; see also Hilgert vs. Barber Asp. Co., 108 Mo. App. 
384, 395 e¢ seg. and cases cited. So where no time is fixed and the extension is 
given before the expiration of a reasonable time: Sparks vs. Villa, 99 Mo. 
App. 489. 


Delay in the Jetting of the contract (the terms of the contract being observed 
by the contractor) after the passage of the ordinance, will not defeat recovery 
on the tax-bill: Jaicks vs. Middlesex, 98 S. W. 759 (Sup. Ct. Mo., Dec. 22, 1907). 


Specific appropriation: See R. C., sec. 1920. The provision of sec. 28, Art. VI, 
applies only to contracts for work to be paid out of the city treasury; the 
limit put on the price to be paid is the amount of the specific appropriation, 
not the estimate submitted to the assembly by the B. P. I. The section has 
no application to work to be paid for by special tax-bill against the _ realty 
affected by a sewer construction: Hill vs. Swingley, 159 Mo. 45, 48. 


See remarks as to the wisdom of such requirements of specific appropriations 
by Marshall, J., dissenting in Pryor vs. K. C., 153 Mo. 151. 


426 CHARTER OF THE CITY OF ST. LOUIS. [ART. VI, Sec. 28. 


A contractor cannot recover for work, under order of a city official, in excess 
of the appropriation therefor: Perkinson vs. St. Louis, 4 Mo. App. 322. 


Estimate of cost: See cases in note to sec. 15 of this article: see also Hill vs. 
Swingley, supra 159 Mo. 1. c. 48; Bambrick vs. Campbell, 37 Mo. App. 460, 464; 
Kinealy vs. Gay, 7 Mo. App. 203; Seibert vs. Cavender, 3 Mo. App. 421; Sher- 
wood, J., dissenting in Verdin vs. St. Louis, 131 Mo. 1. ec. 133. 


Suspension of work on complaint of citizens, and investigation by B. P. IL. etce.; 
Ordinances carrying out this charter proviso, and providing for investigation on 
complaint of tax-paying citizen, etc., see Rev. Code, secs. 1922-1932 inclusive. 


As to reduction of amount of tax-bill for imperfect work see sec. 25 of this 


article and note thereto; as to pro tanto recovery where ordinance partially 
void see sec. 15 hereof. 


Sec. 29. Street sprinkling authorized by ordinance—special 
tax bills therefor issued in favor of city—contracts 
made annually by B. P. I.—sprinkling district—date of 
special tax lien—interest--cost of sprinkling paid out 
of city treasury —City reimbursed by special tax bills. 
—The Mayor and Assembly shall have power within the city by ordinance 
to cause the streets and public places of the city, or any part thereof, to be 
sprinkled, and the cost thereof to be provided for and defrayed by a special 
tax to be assessed in favor of the city on the adjoining property fronting or 
bordering on the streets or public places where such sprinkling is proposed 
to be done, in the proportion that the linear feet of each lot fronting or 
bordering on the street or public place so to be sprinkled bears to the total 
number of linear feet of all property chargeable with the special tax afore- 
said in the territory embraced by the contract under which said sprinkling 
is to be done. The above work shall be contracted for annually by the Board 
of Public Improvements at such time and under such terms and conditions 
as shall be provided by ordinance, and the city shall be divided into at least 
forty sprinkling districts for the above purpose, and each district shall be 
let separately. The special tax bills spoken of shall be and become a lien 
on the property charged therewith from the first Monday in April in each 
year, and shall be prima facie evidence of the liability of the property 
charged therewith to the extent and amount therein specified, and may be 
collected of the owner of the land in the name of and by the City of St. 
Louis as any other claim in any court of competent jurisdiction, with in- 
terest at the rate of six per cent per annum from the first day of May in 
each year, and if not paid by the first day of June in each year, then at 
the rate of eight per eentum per annum from the first day of April in each 
year, and they shall be issued and collected in the manner hereafter pro- 
yided by ordinance. The cost of the sprinkling shall be paid out of the 
city treasury to the contractors, and the City Treasurer shall be reimbursed 
for such expenditures by the proceeds of the special tax bills aforesaid. 


Amendment enacted at charter election held Oct. 22, 1901. 


Ordinances concerning street sprinkling: See Rev. Code, Chapter 12, Art. 38, 
sees. 941-1082; sprinkling between street car tracks by car companies: R. C.,, 
sec. 1901. 


Special taxation for sprinkling as provided under the charter of Kansas City 
was held to be unauthorized and in violation of fundamental law and not 
within the ‘taxing power, by Judge’ Phillips; in N.Y. Life ins.) Cos vs. Prist, it 
Med (Carey as8i5. 


ART. VII, Sec. 1-3.] CHARTER OF THE CITY OF ST. LOUIS. 427 


ARTICLE VII. 


WATER WORKS. 


SECTION SECTION 
1. Water commissioner; his term, bond, 9. Collections to be deposited in treasury 
etc. daily—monthly statement to comp- 
ller. 
2. Water commissioner to assume charge ued 
of the department, ete. 10. Issue of water licenses, ete. 
3. Contracts for work to be submitted to 


11. Assembly may regulate water rates— 
revenue from water-works, how 
4. City to be liable for real estate taken applied. 
for water-works, ete. 


council. 


12. Water rates to be fixed so as to pay 
current expenses of works and in- 
6. Owners of buildings may be compelled terest on water-bonds—exceptional 
to take out water license as a san- discriminations forbidden. 
itary measure, etc. 


ol 


Laying of water pipe. 


13. Sale or lease of water-works forbid- 
den—fund to renew and extend 
water-works, and to pay interest 

8. His salary and bond. and principal of water bonds. 


-~1 


. Assessor and collector of water rates 
—clerks, duties, etc. 


Sec. 1. Water commissioner—his term, bond, ete.—The water 
works, except the assessment of water rates and the collection of the reve- 
nue therefrom, shall be under the control and management of a commis- 
sioner, to be known as “Water Commissioner,’ who shall be appointed by 
the Mayor, and confirmed by the Council, and shall be a duly qualified 
engineer, hold office for four years, and give such bond as may be required 
by ordinance. He shall appoint such subordinates as may be necessary 
for the management and efficient operation of said water works as may be 
provided by ordinance. 


Charter, Art. IV, sec. 37, designates the general powers and duties of Water 
Commissioner; Art. 1, sec. 1, and Art. III, sec. 26, clause 2, confer power to estab- 
lish and maintain waterworks. 


For ordinances see Rev. Code, secs. 1957-1963,inclusive,and secs. 2001, 2005-2010. 


Statutes: R. S. 1899, sec. 6488, confers power on city to contract to supply 
other municipalities with water from its works, also persons and corporations 
beyond the city limits; sec. 6489 authorizes procurement of water from other 
cities; sec. 6490 authorizes laying of pipes, ete., to carry out the foregoing sec- 
tions; sec. 6491 provides condemnation proceedings, etc. 


Sec. 2. Water commissioner to assume charge of the depart- 
ment, ete.— Upon the appointment of the Water Commissioner under this 
Charter, he shall take charge of the water works, and all the appurtenances 
thereto, and shall assume supervisory control over the operation of the same, and 
enforce the performance of all existing and future contracts and work; and 
it shall be the duty of the Board of Water Commissioners, and all other 
persons having charge of the water works, or connected therewith, upon 
demand of said Commissioner, to turn over all books, records, property and 
assets belonging to said water works to said Commissioner, and thereupon 
the official terms of said Board of Water Commissioners and their ap- 
pointees shall cease and determine. 


Sec. 3. Contract for work let by Commissioner to be submitted 
to Council.—The doing of all work, and the furnishing of all materials and 
supplies for the water works, shall be let out by the Commissioner in the same 
manner as other public work, except in cases where it is not practical to do 
such work or furnish such materials by contract; and all contracts shall be 
submitted to the Council for approval. 


Ordinance provision R. C., sec. 1957, follows this section; see note thereto. 


428 CHARTER/OF THEACIDY, OF STs LOULS. [ART. VII, Sec. 4-6. 


Sec. 4. City to be liable for real estate taken for water works, 
ete.—The City of St. Louis shall be liable for all damages that may be sustained 
by any person in his or her property, by the taking of any real estate, for 
the purposes necessary for the efficient operation of its water works, and 
if the amount of compensation to be paid to any such owner or owners 
can not be amicably agreed upon between the city and such owner or 
owners, then application may be made by the City Counselor, on behalf of 
the city, to the Circuit Court.of the Eighth Judicial Circuit, for assess- 
ment of such damages, in the same manner as is prescribed in this Charter 
in the matter of street openings. 


Where condemnation is authorized only in case no agreement can be other- 
wise attained, the proceeding to condemn must show such inability to agree: 
Graf vs. St. Louis, 8 Mo. App. 562. See other cases cited in note to sec. 2 of 
Art. VI of the Charter. 


For condemnation in street openings see Charter, Art. VI, secs. 1 to 12, and 
notes thereto. 


Sec. 5. Laying of water pipe.— Whenevera majority in interest of the 
property-holders on any street, avenue, lane or alley, in the City of St. 
Louis, shall hereafter petition for water pipe to be laid along such street, 
avenue, lane or alley, and the laying of the same is authorized by ordi- 
nance, or whenever the Assembly shall, by a vote of two-thirds of all the 
members elected to each branch, declare the laying of water-pipe on any 
street, avenue, lane or alley, to be necessary, the Water Commissioner shall 
cause the same to be laid; and the cost of laying all such pipe shall be paid 
as provided by ordinance. 

The City of St. Louis has power to contract for the appropriation to its own 
use of water mains laid in a public street by private citizens at their own 
expense but with the consent of the city, at a time when the city was short 
of money; and the city may pay therefor out of its revenue and make it a part 
of its waterworks system: State ex rel. vs. St. Louis, 169 Mo. 31 (holding also 
that such acquirement is not controlled by the provisions relating to letting of 
Public Work). 

An ordinance for laying water pipes is valid although not declaring the laying 
to be necessary; the passage of the ordinance is equivalent to such averment 
and action thereon; nor is the ordinance invalid because it fails to show a two- 


thirds vote, the presumption being, in the absence of a contrary showing that it 
was legally passed: Young vs. St. Louis, 47 Mo. 492. 


Sec. 6. Owners of buildings may be compelled to take out 
water license as asanitary measure. etce.—The Water Commissioner 
may require owners or lessees or their agents, of houses, stores and other 
buildings in the city, or in such part ther eof as he is ready to supply, to take 
out license for the use of water for such house, store or building, according to 
the rates and assessment as fixed by ordinances ofthe city for the use of water, 
whenever the Board of Health of the City of St. Louis shall, by order duly 
made, declare that the use of water from the water works of the city in any 
such house, store or building, is demanded as a sanitary measure for the pres- 
ervation of the health of the inmates or inhabitants of such house, store or 
building; and the said rate and assessment shall be paid by all such pro- 
prietors, owners or lessees, or their agents, as well by those who consent 
as by those who refuse to place in their houses, stores and buildings the 
water pipe to convey the same, and shall be payable whenever the Assessor 
of Water Rates shall have notified the proprietor, owner, lessee, or his 
or her agent, of the readiness of said Water Commissioner to supply such 
house, store or building with water as aforesaid. The parties who fail or 
neglect to comply with the provisions of this section shall be subject to 
penalties as may be provided by ordinance. 


See ordinances in pursuance of this section: Rev. Code, secs. 2462 to 2664. See 
also St. Louis vs. Tiefel, 42 Mo. 578, 1. e. 593. 


ART. VII, Sec. 7-11.] CHARTER OF THE CITY OF ST. LOUIS. 429 


Sec.7. Assessor andCollector of Water Rates—clerks, duties, 
ete.—The assessment and collection of water rates shall be under the control 
and supervision of an Assessor and Collector of Water Rates, who shall be 
appointed by the Mayor, and confirmed by the Council. He shall have 
authority to appoint such clerks and assistants as may be authorized by 
ordinance. It shall be the duty of said Assessor and Collector to collect 
all revenue due, or to become due, to the City of St. Louis for water, or 
accruing to the City of St. Louis on account of the water works thereof, in 
virtue of any ordinance now existing or hereafter to be passed. 


For ordinances relating to Assessor and Collector of Water Rates see Rev. Code, 
Chap. 38, Art. 1, sec. 2447 ez seg.;, duties, sec. 2456; clerks and assistants, 2451, 
2452, 2455. 


See. 8. His salary and bond.—The Assessor and Collector of Water 
Rates shall receive a salary to be fixed by ordinance, not exceeding three 
thousand dollars a year, and shall give a bond of one hundred thousand 
dollars, with not less than four good sureties, owners of unincumbered rea] 
estate, within the City of St. Louis, of the assessed value of one hundred 
thousand dollars, to be approved by the Mayor, conditioned that he will 
faithfully and punctually collect and pay to the Treasurer of the City of 
St. Louis all moneys due and collectible for and on account of the water 
works, and that he will faithfully perform all the duties of his office ac- 
cording to law. 


Ordinance fixing salary: R. C., sec. 2449; bond: Rev. Code, sec. 2450. His salary 
cannot be increased during the term, and the period he holds over after the 
regular four year term is a part of his term so that an increase in salary does 
not apply to that period: State ex rel. vs. Smith, 87 Mo. 158: and he and his 
sureties on his bond are liable for breaches during such holdover period: Jézd 
l. ec. p. 160, citing Long vs. Seay, 72 Mo. 648 and State ex rel. vs. Kurtzeborn, 
78 Mo. 99. 


See. 9. Collections to be deposited in treasury daily—month- 
ly statement to Comptroller.—At the close of each day, the Assessor and 
Collector of Water Rates shall deposit in the city treasury the revenue col- 
lected during the day, taking triplicate receipts for the same, one of which 
shall be deposited with the Comptroller, and one with the Auditor. Every 
failure in this respect shall be reported to the Mayor, upon which the Mayor 
may suspend or remove said Collector. He shall monthly furnish the 
Comptroller with a full and complete statement of all collections made by 
him, also the number of blank licenses not used. 


Ordinance provisions are the same: Rev. C., secs. 2457, 2460. 


Sec. 10. Issue of water license, ete.—The Comptroller shall coun- 
tersign all blanks received from the Register for water license, and shall issue 
the same to the Collector and Assessor of Water Rates, taking his duplicate 
receipts therefor, one of which he shall file with the Auditor. The Comp- 
troller is further instructed to examine the monthly statement of the 
said Assessor and Collector, and to certify to the Auditor whether it is 
correct or not. 


See R. C., sec. 2459. 


Sec. 11. Assembly may regulate water rates—revenue from 
water rates, how applied.—The Assembly may make alterations in the 
prices or rents to be paid for the use of water from the water works, and the whole 
net income from rents and receipts of the water works, in excess of what 
may be necessary for completing, constructing, operating and repairing the 


430 CHARTER OF THE CITY OF ST. LOUIS. [ART. VIII, Sec. 1. 


water works and for interest on water bonds shall be transferred quarterly 
to the fund commissioners of the City of St. Louis, and shall be by them 
invested in St. Louis Water bonds, if the same can be done advantageously, 
and if not, in other bonds of the City of St. Louis; and if none such are 
procurable, then in bonds of the State of Missouri, or the United States, 
and the whole sum so invested shall be set apart as a sinking fund, solemnly 
appropriated to and for the payment of the bonds issued for the erection 
of the water works, denominated “St. Louis Water Bonds,” and shall be 
applied solely to that purpose until the whole of said bonds be fully paid; 
and the fund commissioners shall, whenever required by the Assembly or 
either branch thereof, render a just, true and full account of all their re- 
ceipts, payments and proceedings under this section. 


Ordinances fixing water rates, licenses, and regulations, see Rev. Code, Chapter 
38, Art. 3, secs. 2468-2503. See also notes of cases cited there. As to Water 
Bonds see R. C., Chap. 38, Art. 2, secs. 2528-2530 inclusive. 


Authorities: As to effect of payment of a consumer of city water under express 
or implied threat of shutting off the water, and the exaction by the city ot 
illegal rates; and also as to nature of obligation resting in contract not taxing 
power, and right to require particular hydrant, and matters of that kind, see 
Rev. Code, note to heading of Art. 3 of Chap. 38; and to secs. 2468, 2482. 


Sec. 12. Water rates to be fixed so as to pay current expenses 
of works and interest on water bonds—exceptional discrimina- 
tions forbidden.—The water rates shall be fixed at prices that shall produce 
revenue sufficient at least to pay the interest upon the city water bonds, and 
the running expenses of the water works department. No water rate shall be 
allowed or fixed by any other principle or consideration than that of pro- 
ducing revenue, and exceptional discriminations in rates are forbidden. 


Ordinances fixing water rates: R. C., secs. 2468-2502. See note to heading of 
Arty ono tee na pamots: 


Sec. 13. Sale or lease of water works forbidden—fund to re- 
new and extend water works, and to pay interest and principal 
of water bonds.—The water works shall never be sold, leased or otherwise 
disposed of. The Assembly shall have power from the income, rents and receipts 
of the water works to provide a fund for the renewal and extension thereof, 
and for the payment of interest and principal of bonds issued for such re- 
newal or extension. 


This section is as amended at the charter election of Oct. 22, 1901. Submitted 
by ordinance 20444. 


ACTICLE VIII. 


PUBLIC PARKS. 


SECTION SECTION 

1. Park commissioner—term of office and or lease parks—action to be ratified 
bond—reports, etc. by popular vote. 

2. Appointment of assistants, etc. 5. Proceeds of O’Fallon park bonds to be 

3. Anna appropriation for parks— turned over to the fund commis- 
entrance and exit gates. sioners. 

4. Authority of municipal assembly to sell 6. Repeal of special park acts. 


Section 1. Park Commissioner—term of office and bond—re- 
ports, ete.—The public parks, places and squares of the city, except Tower 
Grove Park, shall be under the supervision and control of a commissioner, to 


ART. VIII, Sec. 2-4.] CHARTER OF THE CITY OF ST. LOUIS. 431 


be known as the “Park Commissioner,” to be appointed by the Mayor, and 
confirmed by the Council, who shall hold office for four years, and until his 
successor is appointed and qualified, and give bond for the faithful perform- 
ance of his duties in the sum of at least ten thousand dollars, with at least 
two sureties, residents of the city and owners of unincumbered real estate 
in said city. He shall keep a record of all receipts and expenditures on 
account of said parks, squares and public places, and make a monthly re- 
port of the same to the Comptroller. 


Ordinances concerning public parks, andregulations, etc.,see Rev. Code, Chapter 
25, secs. 2018 to 2035 inclusive. And see note to heading (Chap. 25) giving refer- 
ences. to the various provisions relating to parks in general, as well as to the 
respective city parks in particular. As to Tower Grove Park (which is specifically 
excepted from the charter provisions) see Session Laws Mo. 1867, pp. 172 et seq.; 
Session Laws 1872, p. 469, and Laws 1871, p. 189, all set out herein in ‘Laws 
Specially Applicable to St. Louis,’ Chapter 23, secs. 400-426 inclusive, ante pp. 
170-173. 

As to the Park Commissioner and hisoffice see Charter, Art. IV, sec. 39; Rev. Code, 
secs. 1970 to 1975; and as to his employes and salaries, secs. 2000-2002, 2015-2017. 
Under its Charter powers the city can provide rules for the nfanagement and 
government of the parks, and secure by contract some one to serve refresh- 
ments therein for the service of the public; the control of the city is a discretion- 
ary one and a matter of local concern, the park being held and owned by the 
city, not in its political or governmental capacity, but in a quasi-private capacity, 
in which the municipal authorities act for the exclusive benefit of the cor- 
poration whose interests they represent: State ex rel. vs. Schweickardt, 109 
Mo. 497. 


A public park is a public use authorizing condemnation of private property 
therefor by proper proceedings: County Court vs: Griswold, 58 Mo. 175 (uphold- 
ing establishment of Forest Park under the act ‘‘repealed”’ by sec. 6 of this 
Peele casa Sele leven Vis mmValde lou VLOntlueGse LCi phoemaker visy & Uses. 147 
ees. 252, 29. 

But it must be established at’ the expense of those to be benefited by it, and 
must be for public and municipal purposes: State ex rel. vs. Leffingwell, 54 Mo. 
458, 471 ef seq. 

Special taxation upon those specially benefited, to pay the cost (as in case of 
streets) is sustained: Kansas City vs. Ward, 134 Mo. 172, 178; Shoemaker vs. 
eS l4a Ul eee 2s zee Wansas City, VS... Baconn 141 Moee259. 273°) Craizhill: vs. 
Eambert, 168 U.S. 611. 


Sec. 2. Appointment of assistants, ete.—It shall be the duty of 
the Park Commissioner to execute all ordinances of the city regulating the 
management and improvement of the public parks, squares and places of 
the city, and for this purpose shall have authority, with the approval of the 
Mayor, to appoint such assistants and employes as may be provided by 
ordinance. 


See references to ordinance provisions in note to preceding section. 


Sec. 3. Annual appropriation for parks—entrance and exit 
gates.—The Municipal Assembly shall, as in its judgment may be deemed 
necessary, annually make such appropriation, but not less than thirty thou- 
sand dollars, out of the revenue of the city, for the purpose of embellishing, 
improving, and keeping in order all the parks and squares and places under 
the supervision of the Park Commissioner. Every public park of the City 
of St. Louis shall be provided with at least one entrance and exit for public 
use on each side thereof, appropriate to the purpose for which said park 
may be used. 


Sec. 4. Authority of Municipal Assembly to sell or lease parks 
—action to be ratified by popular vote.—The Municipal Assembly shall 
have authority, upon the recommendation of the Board of Public Improve- 


432 CHARTER OF THE CITY OF ST. LOUIS. _[ART. VIII, Sec. 5-6. 


ments, to provide by ordinance, for the sale, or lease, of any of the parks, 
places and squares under the supervision of said Board, but such ordinance 
shall provide that the proceeds of the sale of any such park, place or square 
shall be paid to the fund commissioners of the city, and that all rentals shall 
be placed to the credit of the Board of Public Improvements, for the improve- 
ment and embellishment of the parks of the city: Provided, however, that 
no such sale or lease shall be made by the Municipa: Assembly unless the 
ordinance providing therefor be submitted to a vote oi the qualified voters 
of the city for ratification at a general election, ard it be ratified by a ma- 
jority of the qualified voters of the city. 


See also power to “inclose, improve, regulate or sell all parks and other public 
grounds,” Art. III, sec. 26, clause 3. Ordinances providing for lease for resi- 
dence purposes of buildings in certain parks, see R. C., secs. 2025-2026; leasing 
boat privileges, sec. 2027 e¢ seg. 


A contract pursuant to ordinance, made in writing by the Board of Public 
Improvements of the City of St. Louis, with one for the exclusive privilege of 
selling refreshments and intoxicating liquors in Forest Park, and giving the 
so-called ‘lessee’? possession of certain buildings on the premises, is held not 
to be in effect a technical lease nor in violation of the provisions of the 
Charter that no sale or lease shall be made unless the ordinance providing 
therefor shall be submitted to a vote of the people: State ex rel. vs. Schweickardt, 
109 Mo. 496. 


Sec. 5. Proceeds of O’Fallon Park bonds to be turned over to 
fund commissioner.—lIt shall be the duty of the Auditor of the County of St. 
Louis, and the presiding justice of the county court thereof, after the adop- 
tion of this Charter and upon demand of the Mayor of the city, to draw a 
warrant on the county treasurer in favor of the fund commissioners of the 
City of St. Louis for the amount realized by the sale of bonds authorized 
by an act approved March 22, 1875, entitled “An act to amend an act en- 
titled an act to establish O’Fallon Park in St. Louis County, and author- 
izing the county court of St. Louis County to issue bonds for the purchase 
of lands therefor, and for the government of the same when established, ap- 
proved March 27, 1874,” and the fund commissioners shall purchase the 
bonds of the city for the same. 


Sec. 6. Repeal of special park acts.—<An act entitled ‘‘An act to 
establish Carondelet Park in St. Louis County, and authorizing the county 
court of St. Louis County to issue bonds for the purchase of lands therefor, 
and to provide for the government of the same when established,” approved 
February 25, 1874, and an act entitled “An act to establish Forest Park in 
the County of St. Louis, to provide for the establishment and government 
thereof, and to provide for the issue of bonds by the county court of St. 
Louis County, for the purposes of said park, and for the purchase and con- 
demnation of lands for the same,” approved March 25, 1874, and an act 
entitled “An act to establish O’Fallon Park in St. Louis County, and author- 
izing the county court of said county to issue bonds for the purchase of 
lands therefor, and for the government of the same when established,” ap- 
proved March 25, 1874, are hereby repealed. 


See note to heading of Rev. Code, Chap. 25, and authorities cited bearing on this 
section. 


ART. IX, Sec. 1-2.] 


CHARTER OF THE CITY OF ST. LOUIS. 433 


ARTICLE IX. 


HARBOR AND WHARF DEPARTMENT—HARBOR.* 


SECTION 
1. Harbor and wharf commissioner. 


2. Official term and bond—salaries, depu- 
ties, etc. 

8. Harbor of the city. 

4. Jurisdiction of commissioner. 

5. Authority and duties of commissioner. 

6. Wharfage and levee dues, how ocol- 


lected, etc. 


SECTION 
7. Collections to be 
fund. 


credited to harbor 


WHARF-BOATS. 
8. Mooring of wharf-boats, etc. 
9. Owners of wharf-boats forbidden to re- 
ceive commissions or charge stor- 
age. 


10. Wharf-boats not to affect 
dues. 


wharfage 


*For charter power of the assembly over harbor and wharf see Charter, Art. june 
sec. 26, clause 4. 


For municipal Harbor and Wharf regulations, boundaries, offenses, etc., see 
ordinances and the authorities and comments appended thereto in the notes, 
in Rev. Code, Chap. X, Art. 1, being sections 345 to 372. 


For wharfage, rates, leases of wharf, see notes and comments to Rev. C., secs. 
373-383; see note to sec. 379 for leasing portions of wharf; and note to heading of 
Art. 2 of Chap. X (preceding sec. 373) for right to collect wharfage. 


For wharf-boat regulations, licenses, etc., see Rev. Code, Chap. X, Art. 3 (sec- 
tions 384-392); on wood 78. Art. 4 (secs. 393-404, also 375); on scavenger dumps 
z@. Art. 5 (secs. 405-412). 


For ferry regulations, licenses, etc., and power of city over ferries, see com- 
ments in notes to Rev. Code, Ch. X, Art. 6, secs. 413-436 (especially sec. 413). 


For provisions relating to Harbor and Wharf Commissioner, see in additior 
to this (Art. IX) Art. IV, sec. 38 of the Charter; and for ordinances thereon see 
Rev. C., secs. 1964-1969, 1999; for employes, secs. 1965, 2012-2014, and 411. 


Section 1. Harbor and Wharf Commissioner.—There is hereby 
created a department of the city government called the Harbor and Wharf 
Department, which shall be under the jurisdiction and control, subject to 
the provisions of this Charter, and of ordinances not conflicting therewith, 
of an officer who shall be styled the “Harbor and Wharf Commissioner.” 


See foregoing note to heading of this article, referring to the provisions con- 
cerning the commissioner and his office. 


See. 2. Official term and bond—salaries deputies, ete.—The 
Harbor and Wharf Commissioner shall be appointed by the Mayor and 
confirmed by the Council. He shall hold his office for the term of four 
years, and until his successor is duly qualified. He shall give personal at- 
tention and devote the whole of his time to the duties of his office, and for 
the faithful performance thereof shall give such bond, and for such sum 
as may be provided by ordinance. He shall receive a stated salary for his 
Services, in such sum as may be fixed by ordinance, and, with the approval 
of the Mayor, may appoint such deputies and assistants as may be provided 
by ordinance. 


Commissioner’s salary and bond: R. C., Sec. 1999. 


Deputies and assistants: R. C., secs. 2012-12014, 1965. 


Sec. 3. Harbor of the City.—The harbor of the City of St. Louis shall 
comprise the bed of the Mississippi River, its channels, sloughs, bayous, 
bars and islands, from the mouth of the Missouri River to the mouth of the 
Meramec River. 


See next note. 


434 CHARTER OF THE CITY OF ST. LOUIS. [ART. IX, Sec. 4-8. 


See. 4. Jurisdiction of Commissioner.—The jurisdiction of the Har- 
bor and Wharf Commissioner shall extend over all the lands, river banks and 
beach dedicated, condemned, or belonging to the city for wharf purposes 
within the city, and over so much of the Mississippi River, and to the mid- 
dle of the main channel thereof, as lies immediately in front of the city 
over which the city has control. 

Boundaries of the city by the Mississippi, jurisdiction, etc., see note to Charter, 
PAT te ea SeCiaae 


Boundaries of wharf, see note to heading of Chapter 10 of Rev. Code; also 
sections R. C. 345-349. 


See. 5. Authority and the duties of Commissioner.—lIt shall be 
the duty of the Harbor and Wharf Commissioner and he is hereby empowered, 
to direct the landing and stationing of all boats, vessels or rafts arriving at 
any point within the limits of the city, and to direct the discharge and re- 
moval of their cargoes; to superintend the disposition of freight, merchan- 
dise and materials for repairs on the river bank; to keep the wharf and the 
river along the shore free from wrecks and other improper obstructions, and 
generally to exercise such supervision and control over the wharf and 
harbor, and to perform such other duties, as may be provided by ordinance. 


Commissioner’s duties and authority: See Rev. Code, sec. 1964; also in gen- 
eral Chapter X of Rev. Code; Charter, Art. IV, sec. 38. Regulations as to landings, 
moorings, wreckage, obstructions on wharves, penalties, etc., see R. C., secs. 
9 27 
849-372. 


See also “The Maggie P,”’ 25 Fed. 202 (as to contracts by city respecting 
wrecked boats, ete., and duty to keep levee and harbor free from obstructions, 
referred to in note to Rev. Code, sec. 355). 


Sec. 6. Wharfage and Levee dues, how collected, ete.—The Har- 
bor and Wharf Commissioner shall carefully examine, and, if found correct, 
certify all bills and claims against the city pertaining to his department. 
He shall, upon blanks furnished by the Comptroller, make out and deliver 
to the City Collector for collection all bills for wharfage dues, levee rates, 
and all other dues whatever to his department, as may be established by 

rdinance, immediately on the liability therefor accruing, taking duplicate 

receipts therefor, one of which he shall retain in his office, and the other 
he shall deliver at least monthly to the Auditor, for charge against the 
Collector. 


See Rev. Code, sec. 1964. See references in next section as to right of city to 
collect wharfage and as to ordinances on wharfage rates. 


Sec. 7. Collections to be credited to harbor fund—All moneys 
collected from harbor tax, wharfage dues or other sources relating to har- 
bor, as well as all forfeitures, fines and penalties imposed for violation of 
ordinances duly enacted relating to harbor and wharf, shall be credited to 
the account of harbor fund. 


Ordinances as to wharfage, rates, etc., see Rev. Code, Art. 2 of Chap X, being 
sections 3878 ef seg. As to the right of the city to charge wharfage for the use 
of its wharves, the nature of such rights, etc., see authorities in note to heading 
“Wharfage,”’ in Art. 2 of Chap. X of Rev. Code, citing State and Federal cases. 


Crediting fines to harbor fund, see Rev. Code, sec. 372. 


WHARF BOATS. 


Sec. 8. Mooring of wharf boats, ete.—Zona fide owners of steamboats 
regularly engaged in carrying passengers or freight, or of barges transport- 
ing general merchandise by means of steam tow boats, to or from this city, 


ART. X, Sec. 1.] CHARTER OF THE CITY OF ST. LOUIS. 436 


and none others, may have the right to moor a wharf boat at the paved land- 
ing, to be used exclusively for their own boats or vessels upon the terms and 
conditions provided by this charter and by ordinance; provided, however, 
that said wharf boat shall be owned by the same owners, and in exactly the 
same proportion as the said boats and vessels are owned. 


Ordinances pursuant to this section: Rev. Code, Chap. X, Art. 3, sec. 384. 


Sec. 9. Owners of wharf boats forbidden to receive commis- 
sions or charge storage.—No person keeping or interested in a wharf boat 
in the City of St. Louis shall be allowed to charge for the storage or forwarding 
of any freight or merchandise passed over said wharf boat, nor to receive 
any commission on said freight or merchandise, nor to charge directly or 
indirectly any transient or other boats for the privilege of landing at said 
wharf boat. Any person, association or corporation, violating any pro- 
vision of this section shall pay to the city a fine of not less than fifty dollars 
for each offense, and said Commissioner shall report every such violation 
to the City Attorney. 


Ordinances in pursuance hereof: R. C., sec. 385 (seeking to impose, however, a 
penalty of not exceeding $250). 


Sec. 10. Wharf boats not to affect wharfage dues.—The mooring 
of any wharf boat shall not affect in any manner the wharfage tax or dues 
or levee rates, but wharfage shall be collected from each boat landing at any 
wharf boat as though said wharf boat was not there. 


The latter part of sec. 388 of Rev. Code is the same as this provision. 


ARTICLE X. 
STREET RAILROADS. 


SECTION SECTION 


1. Authority of municipal assembly in 4. Uniform gauge required, width of rail 
reference to street railroads—may prescribed. 
sell franchises or impose a per capita 5. Companies to keep street between rails 
tax, or a tax on gross receipts. in repair. 


6. Right of one railroad company to run 
cars on the track of another. 

7. Existing franchises to be forfeited un- 

8. Surrender of franchises, how effected. less put in use within one year. 


2. May regulate. running of cars and 
rates of fare, and tax property. 


Section 1. Authority of Municipal Assembly in reference to 
street railroads—may sell franchises or impose a per capita tax 
or a tax on gross receipts.—The Municipal Assembly shali have power by 
ordinance to determine all questions arising with reference to street rail- 
roads, in the corporate limits of the city, whether such questions may in- 
volve the construction of such street railroads, granting the right of way, 
or regulating and controlling them after their completion; and also shall 
have power to sell the franchise or right of way for such street railroads to 
the highest bidder, or as a consideration therefor, to impose a per capita 
tax on the passengers transported, or an annual tax on the gross receipts 
of such railroad, or on each car, and no street railroad shall hereafter be 
incorporated or built in the City of St. Louis except according to the 
above, and other conditions in this Charter, and in such manner and te 
Such extent as may be provided by ordinance. 


For further charter powers, in addition to those in this article, to grant right 
to construct railways, subject to the right to amend, alter or repeal, regulate 


436 


CHARTER OF THE CITY OF ST.LOUIS. CART. X, Sec. 1, 


same, etc., see Art. III, sec. 26, clause 11. As to effect of reservation of right 
to alter, amend or repeal see cases cited in note to that clause. 


For ordinances (and discussion of authorities thereon) enacting numerous regu- 
lations for street cars and street railways, see Rev. Code, Chap. 23, Art. 6, 
sections 1863 to 1903 inclusive, and notes thereto appended as to the power 
and authority of the city to enact same, and as to the effect thereof. As to 
whether a violation of those police regulations (such as speed, ringing gong, 
vigilant watch, etc.) confers a right to recover on a private person injured in 
consequence, see also note to same. 


Power to “license, tax and regulate” street cars is conferred in Charter, Art. IIT, 
sec. 26, clause 5, and in pursuance thereof see ordinances in Rev. Code, Chap. 
31, Art. 18, sections 2257-2264 inclusive; see discussion and cases on the city’s 
right to charge license taxes, in note to heading of Art. 18 (Chap. 31) of Rev. 
Code (preceding sec. 2257). 


For statutes on street railways, relating specially to St. Louis, see Chapter 
83 (secs. 591 e¢ seq.) ante p. 2138-219, of “Laws Specially Applicable to St. Louis;” 
and for statutory limitations of cities to grant street railway franchises, see pro- 
visions of R. S. 1899, secs. 6116-6119. 


The act of 1860 or Third Parallel Law is repealed by virtue of the constitution 
of 1875 and the provisions of the Charter: State ex rel. vs. Lindell Ry., 151 
Mo. 162; for the prior application of the third parallel street law see St. Louis 
Ry. Vs. So. St. Ly Ry. (2-Mo6ie Sts. Ry sa NOr chive v8 OOM IVlLOuO OES mECem EN Los 
App. 69. 


The state law of 1895 (Julian Law) providing for sales at public auction of all 
franchises involving the use of streets, was held void because too uncertain and 
indefinite to permit of intelligent enforcement: State er inf vs. Street Ry. Co., 
146 Mo. 155. 


The Constitution of the State forbids the general assembly to grant street 
railway franchises in a city without first acquiring the consent of the local 
authorities, nor can the franchise so acquired be transferred without similar 
assent: Const., Art. XII, sec. 20 (see cases infra, this note). 


State policy respecting street railways in St. Louis: Speaking of the consti- 
tutional and charter provisions the court in bane in State ex rel. vs. Lindell 
Ry., 151 Mo. 162, after reviewing the street railway legislation and policy of the 
State, says on pp. 182-183: ‘Looking at these constitutional provisions, together, 
it is plain that it was the purpose of the Constitution of 1875, to grant to St. 
Louis and other cities and localities the benefit of ‘home rule’ so far as it 
was possible. . . . This intention is clearly evidenced not only by the affirm- 
ative grant of sole power, but by the negativing of such power over grants or 
transfers of such rights to the General Assembly. And when to these pro- 
visions we add the power given by its Charter . . . [power over streets] 
it conclusively appears, hedged about directly and prohibitatively, that the 
power which the State primarily had over all streets and highways in the 
State, or in any city of the State, has in St. Louis been transferred to the city,’’ 
etc. “So in Grand) Aves, Co, vs» Dindell Ryo las eelO- OS eco earCOUr tana anc 
says, commenting on constitutional and charter provisions (p. 645): “When 
it is considered that the people of the State have confided the subject 
matter of street railways in her streets and highways, exclusively to the city, 
that such control and regulation is a matter strictly within municipal regula- 
tion, the ordinances of the city . . . have the force and effect of laws 

binding on all persons who come within the scope of their opera- 
tion,” ete. 


Grant of privileges to street car companies: And under the constitutional 
provisions, a city may ‘impose such conditions upon which it gives its consent 
in conferring a franchise or right of way as it sees fit; it is not limited to a 
mere “yes’’ or ‘no,’ but may prescribe terms and conditions; and if its consent 
be given on condition, and the condition be void, the railway company is without 
any right at all: St. Louis & Mer. R. vs. Kirkwood, 159 Mo. 239, 252-253, 259. 
See also Union Depot Ry. Co. vs. Southern Ry., 105 Mo. 1. c. 571. 


And see in connection herewith, the right of the city to impose conditions and 
limit the duration of the company’s franchise, the opinions in the Chicago 
Traction Co. case, Blair vs. Chicago, 201 U. S. 400, loc: cit. 457 ez¢ seg.; dissenting 
opinion 499 ef seg. 


ART. X, Sec. 1.] CHARTER OF THE CITY OF ST. LOUIS. 437 


Sec. 20, Art. 12 of the Constitution requiring the city’s consent to the transfer 
of street railway franchises is not violated by a lease from a company to an 
operating company where the ordinance authorizes the several street rail- 
way lines, their successors and assigns to lease to certain other corporations: 
Moorshead vs. United Ry’s, 119 Mo. App. 541, certified to Supreme Court and 
affirmed in Feb., 1907 (not as yet reported), holding the United Railways Co. 
not liable for Transit Co. debts. 


As limitations upon all cities in granting franchises to street railway com- 
panies see Rev. St. 1899, secs. 6116 to 6119, requiring designation of route, depots, 
assessment of damages, petition of majority of property owners along the route, 
etc. But see the interpretations as to damages to property owners, Nagel vs. 
Lindell Ry., 167 Mo. 89; Ruckert vs. Grand Ave. Ry., 163 Mo. 278. 


While franchises are derived directly by ordinance from the city it is by virtue 
of the delegated power of the State that the eity acts, so that the power con- 
ferred on the company is derived indirectly from the State, acting through the 
city as its agent: State ex rel. vs. Ry., 140 Mo. 539, 550; Hovelman vs. Evie 
79 Mo. 1. c. 643, and cases cited. See also Brewer, J., in Blair vs. Chicago, 201 
U. S. 1. c. 492 e¢ seg.; hence a proceeding may be brought to forfeit the fran- 
chise, by quo warranto by the State, or at the relation of the city: State ex rel. 
vs. Ry., supra; see also 201 U. S. 1. c. 450. The excess of the company’s corporate 
powers is remediable by the State only, not a private person: Hovelman vs. 
Ry., 79 Mo. 1. c. 639-640, and cases cited. 


But it was held by the court of appeals that the city may resume rights granted 
by ordinance upon non-compliance with the conditions by the grantees, and may 
sue in its own name; and the city is entitled to apply to a court of equity for relief 
against the company for maintaining a public nuisance growing out of a 
failure to comply with the conditions annexed to the use of the streets by the 
company: Springfield vs. Robertson Ry., 69 Mo. App. 514. 


A street railway in the streets without authority is a nuisance in law. St. L. 
& Mer. Ry. vs. Kirkwood, 159 Mo. 239, 255; see also Heer D. G. Co. vs. Citizens’ 
Ry., 41 Mo. App. 63. 


But the granting of rights of way to public street railroads is a proper use 
to which the city may subjeet the streets; and the cases deciding that the city 
cannot authorize such a use of a street by a railroad as will destroy its use as a 
public thoroughfare (thereby practically appropriating it to the railroad alone) 
have been held not to apply to a street railroad, unless so defectively con- 
structed as to prevent the current use of the highway by the public in the 
Moimurye cCOULse: Of travel: Placke vs. U. D. Ry., 140 Mo. 634, 637; see also 
Morie vs. Transit Co., 116 Mo. App. 12, 25. But there does not appear to be 
any difference so far as the application of the principle is concerned; and this 
is implied in the opinion in Nagel vs. Lindell Ry., 167 Mo. 89, 97; see also Ruckert 
vs. Grand Ave. Ry., 163 Mo. 1. c. 278. See authorities when such ordinances are 
invalid, as authorizing a misappropriation of the public highway, cited in 
note to Charter, Art. III, sec 26, clause 2; also in note to Rev. Code, Art. 12 of 
Chap. 11, on “nuisances.” 


And a street railway company, although authorized to operateoncertain streets, 
must lay its tracks on the street level, or if it raises its tracks and interferes 
with the abutting owner it is liable for damages: Farrar vs. Electric Co., 101 
Mo. App. 140. (See R. S. 1899, secs. 6116-6118, requiring before a franchise is 
granted to any elevated, underground, ory other street railway on, over or under 
any street or alley, an ascertainment of damages, etc.) 


And as to the right and duty of the city to require, under the police power, 
the street car companies to so operate as not to interfere with a public 
highway, and when necessary to lower a tunnel under a navigable stream, at 
the expense of the company, where such a course becomes necessary because of 
increased travel or changing conditions, see West Chicago Ry. vs. Chicago, 201 
Us 8.506. 


The ordinances by which the city confers on the street car company the right 
to construct, operate and maintain a street railroad is in effect a contract which 
the city cannot violate or change so far as its contractual provisions go; and 
the courts will protect such rights: Springfield Ry. vs. Springfield, 85 Mo. 674; 
State ex rel. vs. Corrigan Street Ry., 85 Mo. 268, 282, and cases cited; Detroit 
vs. Detroit Ry., 184 U. S. 368; Cleveland vs. Electric Co., 201 U. S. 529. 


438 


property. 


CHARTER OF THE CITY OF ST. LOUIS. [ART. X, Sec. 2. 


Nor after the company’s rights are vested under the ordinance, can the State 
legislate to impair the same: Hovelman vs. Railway, 79 Mo. 632, 643. 


The rights of street railways in the streets are franchises and vested rights 
which can be mortgaged by the company to which the franchise belongs: 
Hovelman vs. Railroad, 79 Mo. 6438, cited with approval in State ex rel. vs. Ry. 
Co., znfra. 


As to what privileges may be transferred and assigned by a street car com- 
pany, or subjected to execution, and what not, see State ex rel. vs. Railway Co., 
140 Mo. 539 (distinguishing the franchise of being a corporation which cannot 
be transferred by ordinary conveyance, nor sold on execution, from its cor- 
porate franchise privileges of laying tracks, running cars, taking tolls, ete., 
which can). , 


As to leasing by one street railway to another see Moorshead vs. United Rys., 
119 Mo. App. 541, certified to Supreme Court and affirmed in February, 1907 (not 
at this writing reported). 


The provisions of the Charter do not affect franchises of roads existing prior 
to the time that the Charter was adopted: State ex rel. vs. Corrigan Street Ry., 
85 Mo. 268, 1. c. 262-263; but when extensions of the franchise are given the 
Charter then applies: St. Louis vs. Missouri Ry., 13 Mo. App. 534; St. Louis vs. 
Ry., 87 Mo. 263; Union Depot Ry. vs. Southern Ry., 105 Mo. 562, 570. (it may be 
observed that all street car companies in St. Louis are now governed for one 
reason or another by the city Charter; and it was the policy to wipe out the 
special provisions: See State ex rel. vs. Lindell Ry., 151 Mo. 162). 


But nothing passes in a grant of privileges, as against the public and in favor 
of the company or corporation, except such as is clearly expressed or necessarily 
implied; the grants are to be strictly construed: St. Louis vs. Railway, 13 Mo. 
App. 524.5530) Blair-vs, Chicazo, 20l7Us 8. 1. Ge46s.) 407.0411 4 tomatoe MilmMmerolic 
other cases referred to by the court; see also dissenting opinion 1. c. 498. 


Particularly true is this where a claim in the nature of an exemption from 
taxes, license fees, or other burden, is made by the corporation: See authorities 
cited in note to Art. 18 of Chap. 31 of Rev. Code, citing amongst other cases 
Springfield vs. Smith, 138 Mo. 645; Met. Street Ry. vs. N. Y., 199 U. S. 1; New 
Orleans Street. Ry. vs Ne Of 143-0. S75192: 


The police powers of the city cannot be contracted away, and the railway cor- 
porations remain subject to the exercise of that power by the city irrespective 
of the ordinance provisions conferring their franchises; such police regulations 
are binding on the car companies without reference to any question of acceptance 
by them; and the power of the City of St. Louis concerning police regulations 
is plenary: See authorities cited in note to sec. 1864 of Rev. Code. 


Of course, since the right to legislate is conferred on the law-making power a 
permit from the Mayor alone purporting to confer authority to construct a 
railroad, is void: Lockwood vs. Railroad, 122 Mo. 86 (steam road in this case, 
but the principle is of course applicable to street roads, in fact is self-evident). 


Provisions and limitations in an ordinance apply to territory annexed to the 
city subsequently: See note Charter, Art. I, sec. 2; Blair vs. Chicago, 201 U. S. 
l. ec. 489; at least in so far as police power restrictions are concerned: Westport 
vs. Mulholland, 159 Mo. 86. 


Sec.2. May regulate running of cars and rates of fare and tax 
The Assembly shall have power to regulate the time and manner 


of running cars, and the rates of fare on street railroads now or hereafter to 
be built, and the sale of tickets and exchange thereof between the several 
companies, and to tax the property of street railroad companies in such 
manner as may be provided by law. 


Additional Charter right to regulate fares, hours and frequency of trips: Art. 
III, sec. 26, clause 11. 


Ordinance regulations and adjudications thereon, on time and manner of run- 
ning street cars, etc., see Rev. Code, secs. 1863-1903 inclusive, and notes thereto 
appended, as to the powers of the city, etc.; see general note to sec. 1864; 
speed limits, note to sec. 1865; time schedules, sec. 1867; right of companies to 


ART. X, Sec. 3-5. ] CHARTER OF THE CITY OF ST. LOUIS. 439 


make rules, note to sec. 1870; fenders, note to sec. 1873; right of way, note to 


sec. 1888; periodical reports, note to sec 1889; changing rate of fare, note to 
sec. 1893. 


Charter power to license, tax and regulate, Art. III, sec. 26, clause 5. 


As to steam railroad regulations see Rev. Code, Ch. 31, Art. 5, and adjudications 
in notes to sections 1852, 1856, 1857, 1860. 


See. 3. Surrender of franchises, how effected—Any street railroad 
company unable or indisposed to carry forward its business may notify 
the Mayor of such indisposition, and surrender thereby all their chartered 
rights or franchises, in such manner and under such terms and conditions, 
as may be provided by ordinance. 


Ordinance pursuant to this section: Rev. Code, sec. 1900. 
Sec. 4. Uniform gauge required—width of rail prescribed. 
An uniform gauge shall be established by ordinance for all street railroads 
that may be built in the City of St. Louis, and no flat rails shall hereafter 
be laid down on street railroads now or hereafter to be built, having a less 
width than two and a half inches in the flange of said rail, which is used 
by ordinary vehicles. 


See Rev. Code, sec. 1879. 


Sec. 5. Companies to keep street between rails in repair. 
Street railroad companies shall keep the street between the rails and to the 
extent of twelve inches outside of each rail in perfect repair, as nearly on a 
level with such rails as practicable and that portion outside the rails shall be 
of the same material as the street itself, and the Municipal Assembly shall 
provide by ordinance that bond or other security shall be given by the sev- 


eral companies, conditioned for a compliance with the provision of this 
section. 


Ordinance provision requiring repairs of space between rails, and regulations 
concerning same: Rev. Code, sec. 1882. 


This provision applies to street railways having an extension of their fran- 
chises after the adoption of the Charter: St. Louis vs. Railway, 13 Mo. App. 
p24; especially where the company agrees that the ordinance conferring the 
rights shall be subject to all general ordinances and charter provisions relating 
to street railways and applicable to extensions: St. Louis vs. Mo. Ry., 87 Mo.. 151. 
(It now applies to every street railway company in the city, and in addition 
the requirement is universally included in the special ordinances conferring 
the franchises.) But such a provision does not apply to a franchise wholly 
granted prior to the charter provision: See State ex rel. vs. Corrigan Street Ry., 
$5 Mo. 263, 1. «. 282-283. See as to the old State law as to repairs: St. Louis 
vs. St. Louis Railroad Co., 50 Mo. 94. 


An ordinance requiring the street railway company to keep and maintain the 
space between the rails and two feet on either side of its track, etce., in good 
repair, does not impose any duty on the company to reconstruct; an obligation 
to repair is not one to reconstruct; and a subsequent general ordinance cannot 
require such additional burden without the company’s consent, either as an 
exercise of the police power or as an inalienable right of control over the 
street: State ex rel. vs. Corrigan Street Ry. Co., 85 Mo. 263 (arising under Kansas 
City charter); and the same principle applies where it is sought to compel the 
company to pave the street with designated material—this duty is not included 
in the obligation to repair: Kansas City vs. Corrigan, 86 Mo. 67. 


Although a street car company be required to keep the space between its rails 
in repair, yet for injuries resulting because of the streets being unsafe by reason 
of said space being out of repair, the city remains primarily liable: Springfield 
vs. Robertson Street Ry., 69 Mo. App. 1. c. 523. 


A special tax-bill for the improvement of a street cannot be avoided by the 
property owners on the ground that the space between the railway tracks has 
not been improved by the contractor, where such duty rests upon the railroad 


440 


of another. 


CHARTER (OP THE CITY OF Sr. Louts. [ART. X, Sec. 6. 


company: Farrar vs. St. Louis, 80 Mo. 1. c. 393; Springfield vs. Weaver, 137 Mo. 
650, 668; Bank vs. Haywood, 62 Mo. App. 550, 554 e¢ seg. 


It was at one time held by the Court of Appeals that in the absence of statu- 
tory authority, the cost of street improvements cannot be made a lien on the 
abutting right of way of a railroad company; but this ruling was overruled by 
the Supreme Court, and the matter is now also regulated by statute: See note to 
Arts VL, sséc. 14, ante p. 3938: 


And the land of railroad companies used for depot and yard purposes is not 
exempt from special tax for street improvements: Nevada vs. Eddy, 123 Mo. 
546, 560; see also Railroad vs. Decatur, 147 U. S. 190. 


It was held under a case arising in Massachusetts that the legislature of a state 
may relieve a street car company from the obligation to repair the street between 
the rails, etc. which it assumed in ordinances conferring the consent of the 
city, and the city cannot complain that this operates as the impairment of a con- 
tract: Worcester vs. Street Ry. Co., 196 U. S. 539: 


See. 6. Right of one railroad companytorun ears on the tracks 
Any street railroad company shall have the right to run its cars 


over the track of any other street railroad company in whole or in part, upon 
the payment of just compensation for the use thereof, under such rules and 
regulations as may be prescribed by ordinance, and it shall be the duty of 
the Municipal Assembly to immediately pass such ordinances as may be 
necessary to carry this provision into effect. 


Ordinances in pursuance of this provision, see Revised Code, secs. 1894 to 1899 
inclusive. 


The above charter provisions and the ordinances in pursuance thereof have 
been fully sustained: Grand Ave. vs. Lindell Ry., 148 Mo. 637; Grand Ave. vs. 
Citizens’ Ry., 148 Mo. 665; Union Dep. vs. Southern, 105 Mo. 562. 


The city cannot confer on one street car company the exclusive use of a street 
for its own business: Grand Ave. Co. vs. Citizens’ Co., 148 Mo. l. c. 672; Railway 
vs. Railway, 1382 Mo. 1. c. 48. See also Citizens’ Ry. vs. Detroit Ry., 171 U. S. 
[RGD Ss: Nor so as to exclude the public from the use of the street as a public 
thoroughfare: Nagel vs. Lindell Ry., 167 Mo. 89, 97; Ruckert vs. Grand Ave. 
Ry:, 163 Mo. }. «278 See alsoucases cited in note toryCharter, Art elit escewo- 
clause 2. 


Sec. 6 of Art. X of-the Charter is in pursuance of the constitutional powers con- 
ferred on the city. A railway company accepting the provisions of the Charter 
containing the provision that any company shall have the right to run over its 
tracks by paying just compensation, such acceptance creates a contract between 
the city and the company, and is binding on the latter; nor are condemnation 
proceedings necessary by such other company; the Charter confers the power 
to make rules and regulations for determining the compensation to be paid, 
and also confers on the assembly power to make the award of the commissioners 
reviewable by the circuit court: Union Depot Ry. Co. vs. Southern Ry. Co., 
105 Mo. 562; Grand Ave. vs. Lindell Ry., 148 Mo. 637; Grand Ave. vs. Citizens’ Ry., 
148 Mo. 665. 


The phrase “just compensation” as used in the Charter of the city and its 
ordinance has the same meaning which that phrase has when used in the federal 
and State constitutions with respect to the exercise of the right of eminent 
domain, and when thus used ‘means a fair and full equivalent for the loss sus- 
tained by the taking for public use’; and under the ordinance providing that 
the court may make such order as justice may require, the court may require 
the company desiring the use of the tracks to give a bond to the other to 
secure payment of one-half the cost of renewals of rails, ete., where the ordi- 
nance further provides for periodical readjustments: Railway vs. Railway, 132 
Mo. 34. 


As to what elements are properto be takeninto consideration in fixing the com- 
pensation, see Grand Ave. Ry. vs. Citizens’ Ry., 148 Mo. 665; Grand Ave. Ry. vs. 
Lindell Ry., 148 Mo. 6387. 


Where all elements of damages have been considered and new claims are 
thereafter made but which result from the legitimate use of the other com- 
pany’s tracks, injunction is not the proper remedy of the complaining party 
but plaintiff should follow his statutory remedy: People’s Ry. vs. Grand Ave. 
Rye 149) Mow: 


ART. XI, Sec. 1.] CHARTER OF THE CITY OF ST. LOUIS. 441 


Sec. 7. Existing franchises to be forfeited unless put in use 
within one year.—A11] franchises and privileges to use the streets of the city 
for street railroad purposes heretofore granted, and not nowin use,a:e hereby 
declared forfeited and of no effect, unless the company or persons holding 
such franchises or privileges shall, within one year after the adoption of 
this Charter, construct the tracks and run street cars upon said streets, 
to the extent that said streets may then be finished, and also extend such 
tracks and run cars on such streets as rapidly as the construction of such 
streets is completed. 


By Charter, Art. III, sec. 26, clause 11, every franchise right granted shall cease 
unless the work of construction shall be begun within one year, ete., and con- 
tinued to completion with all reasonable practical speed; and the giving of free 
passes is made cause for forfeiture. 


A franchise may be forfeited for non-user; and a city has no right to contract 
that a forfeiture proceeding must be brought within six months; the State 
may institute quo warranto to declare a street car company’s charter forfeited, 
and even at the relation of the city, no matter what the ordinance conferring 
the franchise provides: State ex rel. vs. Railway Co., 140 Mo. 539. A forfeiture 
proceeding cannot be brought by a private citizen: Hovelman vs. Railroad, 
79 Mo. 632, citing numerous cases to the effect that the State must bring the pro- 
ceeding. 


But in Springfield vs. Railway, 69 Mo. App. 514, it seems to be held that a city 
can bring a proceeding to annul and declare forfeited the company’s rights for 
non-compliance with the conditions annexed to the use of the streets by it; 
and at all events, a city is entitled to relief in equity against a nuisance main- 
tained by a company growing out of such failure to observe said conditions. 


Where a right of way is granted on condition of completion within a certain 
time, and that in the event of failure the franchise might. be recalled, the pro- 
vision is a condition subsequent, and the rights are vested, subject to be defeated 
at the election of the city, for breach of condition, but not at the instance ofa 
private person: Hovelman vs. Railroad, 79 Mo. 632; so also where the con- 
dition was that the company’s shops should not be removed: Knight vs. Ry.. 


70 Mo. 231. 
ARTICLE XI. 
FIRE DEPARTMENT. 
SECTION SECTION 
1. Chief of fire department—term of of- 3. May exercise police power at fires. 


fice—duties. 

2. Power to purchase horses, etc., with 
approval of mayor—purchase of en- 5. Chief to inspect all new buildings. 
gines, apparatus, etc. 


4, Regulations as to frame buildings. 


Section 1. Chief of Fire Department—term of office—duties. 
The Fire Department of the city shall be under the control and supervision of 
a “Chief of Fire Department,” who shall be appointed by’ the Mayor and 
confirmed by the Council, who shall hold his office for four years and until 
his successor is duly qualified, subject to removal, as provided for other ap- 
pointed officers. He shall have general charge of the property of the city 
connected with his department, and shall, subject to the approval of the 
Mayor, appoint and employ all such officers and employes as may be pro- 
vided by ordinance. 


9 


For charter authority for engine houses, see Art. III, sec. 26, clause 8. 


For ordinances on the fire department, its chief, composition of the department, 
salaries, duties and qualifications of the men, regulations as to right of way, 
police power authority, and other regulations, see Rev. Code, Chap. 6, sections 
285-305 inclusive; for fire and police telegraph department, see Rev. Code, 
Chap. 7, sections 306-319 inclusive. 


442 CHARTER OF THE CITY OF ST. LOUIS. [ART. XI, Sec. 2-5. 


For statute relating to Firemen’s Pension Fund, etc., see Laws Mo. 1903, p. 87 
(set out herein in ‘Laws Specially Applicable to St. Louis,’ in Chap. X, secs. 322 
to 347); and see ordinances in pursuance thereof, Rev. Code, secs. 304, 305. 


Adjustment of damages caused by fire department, when claim is under fifty 
dollars: Rev. Code, sec. 302. 


The city is not liable for damages caused by the carelessness of the employes 
of the fire department in the discharge of their duties, nor for the insufficiency 
or defectiveness of the apparatus; the fire department was not created in the 
proprietary capacity of the city, for its own benefit, but for the benefit of the 
public, and the officers of that department are not the city’s agents in the sense 
that renders the city liable: McKenna vs. St. Louis, 6 Mo. App. 320; Heller vs. 
Sedalia, 53 Mo. 159. 


Sec. 2. Power to purchase horses, ete., with approval of May- 
or—purchase of engines, apparatus, ete.—The Chief of Fire De- 
partment shall have power, in cases of emergency, with the approval of the 
Mayor under such regulations as may be prescribed by ordinance, to pur- 
chase or hire such horses and mules as may be necessary for the use of his 
department, and shall, with the approval of the Mayor, recommend to the 
Commissioner of Supplies, the purchase of engines and other apparatus for 
the suppression or extinguishment of fires, in such manner and to such ex- 
tent as may be provided by ordinance. 


Ordinance provision Rev. Code, sec. 289, is pursuant to this provision. Contracts 
not included in the authority above specified are controlled as provided in 
Charter, vArt. LV; see. 293) (orzArtievilly SEC. ee ie elL a CeDerpUDLICaWOna): 


Under the Rev. Ord. 1856, p. 438, the inspector of the fire department had power 
to order repairs to engine houses where they exceeded fifty dollars: Robinson 
vs. St. Louis, 28 Mo. 488, holding that it was not ncessary that he should use 
the name of the city in contracting if he made the contract officially as in- 
spector. 


Sec. 3. May exercise police power at fires—The Chief of Fire 
Department and assistant engineers appointed by him shall have the same 
police powers at all fires as the Chief of Police, under such regulations as 
may be provided by ordinance. 


- 


Ordinance Rev. Code, sec. 296, is pursuant hereto. 


INSPECTION OF BUILDINGS. 


Sec. 4. Regulations as to frame buildings.—No person shall 
erect within the limits of the City of St. Louis, as established by the act 
of the General Assembly of the State of Missouri entitled ‘An act to revise 
the Charter of the City of St. Louis, and to extend the limits thereof,” ap- 
proved March 4, 1870, any building or buildings the outer wails of which 
are in whole or in part constructed of wood, nor upon blocks or squares in 
the territory added to the city by this Scheme or Charter, that have built 
upon them six or more substantial dwellings or storehouses, without pro- 
curing a permit so to do in such manner as may be provided by ordinance. 


See for fire limit ordinances, Rev. Code, secs. 66-68, and note; also see as to 
wooden buildings Charter, Art. III, see 26, clause 12. 


Sec. 5. Chief to inspect all new buildings.—It shall be the duty 
of the Chief of Fire Department to inspect all buildings in the course of 
construction, and to cause to be carried into effect all ordinances relating 
thereto. 


The duties of Fire Chief under this section were transferred by authority of 
Art. III, sec. 32, upon the Building Inspector: See ordinances Rev. C., sec. 27. 
Also Magner vs. St. Louis, 179 Mo. 1. c. 500; note to Rev. Code, Chap. 86. 


ART. XII, Sec. 1-2.] CHARTER OF THE CITY OF ST. LOUIS. 443 


ARTICLE XII. 


HEALTH DEPARTMENT. 


SECTION ; SECTION 
1. Health commissioner—his official term pape Ah to be assessed as special 
and bond. ax, 


-~1 


. Contracts for the abatement of nui- 


2. Board of Health—meetings, quorum, sances. 


dees 8. Proclamation by mayor in time of epi- 

8. Duties of commissioner—appointment demics—authority of commissioner 
of employes—may examine premises and board of health in such cases, 
shall obey orders of the board, and ete. 


report annually to the board. 9. Commissioner’s record and accounts. 


4. Nuisances to be reported to commis- 10. Duties of physicians in reference to 
sioner—births, marriages and deaths burial certificates. 
to be registered—commissioner to 11. Weekly 
have charge of hospitals, asylum, 
etc. 


report of interments to be 
made to health commissioner. 


12. Penalty in case of burial without cer- 
5. Superintendents of hospitals and em- tificate. 
ployes, how appointed. 13. Penalty for failure to make weekly 
6. Abatement or removal of nuisance— report of interments. 


notification to owners—cost of 14. Record of proceedings of board. 


Section l. Health Commissioner—his official term and bond. 
There is hereby created a Health Department of the City of St. Louis, 
which shall be managed, directed and controlled as provided by this Char- 
ter and by ordinances of the City of St. Louis, by a Board of Health as 
hereinafter provided, and bv an officer who shall be denominated the 
Health Commissioner. He shall be appointed by the Mayor by and with 
the approval of the Council, and shall perform such duties as may be pro- 
vided by this Charter and by ordinance. He shall hold his office for the 
term of four years, and until his successor is duly qualified, be subject to 
removal by the Mayor as other officers, and shall possess the same qualifi- 
cations as the Mayor, and shall give bond in such sum as shall be ordained 
by the Assembly, with at least two sufficient sureties, for the faithful per- 
formance of his duties. 

The ordinances on the Health Department appear in Rev. Code as Chap. 11, 


divided into 25 articles (and comprising secs. 437-875). Art.2 of said Chapter 
treats of the Health Commissioner and his office and employes (secs. 450-464). 


Sec. 2. Board of Heaith—meetings, quorum, ete.—There is also 
hereby created a Board of Health which shall consist of the Mayor, (who 
shall be its presiding officer), the presiding officer of the Council, a Com- 
missioner of Police, to be designated by the Mayor, and two regular prac- 
ticing physicians, who shall possess the same qualifications as the Mayor. 
The Health Commissioner shall be.a member of said Board and in the 
absence of the Mayor, the presiding officer. The Board shall meet twice 
in each week during the year. They may be convened in special session at 
any time by the Mayor, Health Commissioner, or by any two members of 
the Board upon written notification served twelve hours before the date of 
said meeting. Three members of the Board shall constitute a quorum for 
the transaction of business, and it shall have power to adopt rules and 
regulations for its government. 


These provisions are tracked by the ordinances: Rev. Code, secs. 437, 438. 


The members of the Board of Health are not state officers within the meaning 
of the Constitution relative to appeals: State ex rel. vs. Board of Health, 
90 Mo. 169. 


The Supreme Court touched upon the functions of the Board of Health in the 
Opinion in State vs. Butler, 178 Mo. 1. c. 303 ef seg. 


444 CHARTER OF THE CITY OF ST; LOUIS. [ART. XII, Sec. 3-5. 


Sec. 3. Duties of Commissioner—appointment of employes— 
may examine premises—shall obey orders of Board, and report 
annually to Mayor.—The Health Commissioner shall have general super- 
vision over the public health of said city, and see that its regulations, and the 
laws and ordinances of said city in relation thereto, are enforced and observed 
and for that purpose he is authorized and empowered to make such rules and 
regulations, with the approval of the Board, not inconsistent with this 
Charter or any city ordinance or law of this State, as will tend to preserve 
and promote the health of said city; to appoint such employes, with the 
approval of the Board of Health as may be necessary for the execution of 
his orders; to enter into or authorize and require any employe or police 
officer to enter into and examine, in the daytime, ail buildings, lots and 
places of every description, within the city and to ascertain and report to 
him the condition thereof, so far as the public health may be affected by 
it; to declare and abate nuisances in such manner as may be provided 
herein, or by ordinance, but all condemnations must first be approved by 
the Board of Health, whose action thereon shall be final. He shall obey 
all orders, not inconsistent with this Charter and city ordinances, emanat- 
ing from the Board of Health, and shall annually report to the Mayor, the 
general operations of his department during the year then ended, with such 
suggestions for the improvement of the same as he shall consider expedient. 


See ordinance hereon (same as this provision) in Rev. C., sec. 450. 


Right of the municipal assembly, through itsofficers oragent, to enter premises 
to ascertain conditions for health, cleanliness and safety: Charter, Art. III, 
sec. 26, clause 12, and note thereto; Right of Mayor to enter to abate nuisances, 
see Chart. 2Art: ll; iseci26,.clausesG: 


Sec. 4. Nuisance to be reported to Commissioner—births, 
marriages and deaths to be registered—Commissioner to have 
charge of hospitals, asylumns ete.—It is made the duty of all police 
officers to observe the sanitary condition of their districts, and through the 
Chief of Police to report to the Health Commissioner promptly any nuisance 
or accumulated filth found to exist in any portion of the city. The Health 
Commissioner shall provide for the registration of all births, deaths and 
marriages occurring within the city; shall have charge of all city hospitals, 
quarantine, Insane asylums, morgue and city dispensary, and with the advice 
and counsel of said Board of Health, make all nec essary rules for the govern- 
ment thereof. 


Duty of police to report: See Rev. Code, sees. 631; also 599, 622. 
Registration of births and deaths: Rev. Code, secs. 694-697. 

Marriage record is kept by Recorder of Deeds. 

Charge of hospitals, insane asylums, dispemsaries: Rev. Code, sec. 707. 
Make rules for same; zd. sec. 709. 


Quarantine: *' Rev. Code, Chap. 11, Art. 19, secs. 818-826 and note to sec. 818; 
see also Charter, Art. III, sec. 26, clause 6. 


See. 5. Superintendents of Hospitals and employes, how ap- 
pointed.—There will be a superintendent of the city hospital, a superinten- 
dent of the female hospital, a superintendent of the insane hospital, and a super- 
intendent of quarantine when necessary, who shall perform their duties 
under the general supervision of the Health Commissioner, and shall be 
appointed by the Mayor, with the approval of the Board of Health, but all 
other employes shall be appointed by the Health Commissioner, and ap- 
proved by the Board of Health, except such as may be temporarily in the 
employ of the Health Commissioner. 


For ordinance provisions concerning superintendents and assistants see Rev. 
Code, secs. 717 and following. 


ART. XII, Sec. 6.] CHARTER OF THE CITY OF ST. LOUIS. 445 


Sec. 6. Abatement or removal of nuisances—notification to 
owners—cost of abatement to be assessed as special tax.—In order 
to effect the abatement of nuisances or removal of accumulated filth, the 
Health Commissioner shall have power, whenever in his opinion such nuis- 
ance or filth exists, and after officially so declared of record by the Board of 
Health, to notify the owner or owners thereof, or his or their agents, to 
abate or remove the same, either by filling up, draining, cleaning, purify- 
ing or removing same, as the case may be, which notice shall be served upon 
the owner or agent having charge of said property, in the same manner as 
writs of summons are required to be served in civil cases. If the owner, 
who shall have been so served with such notice, shall fail, within the time 
indicated in such notice, which shall be discretionary with said Health 
Commissioner, to comply with such order, or fail to show good cause to 
said Health Commissioner why he can not or ought not to comply with 
such order, for which purpose he shall be entitled to be heard before said 
Health Commissioner and Board of Health, if he so request it, he shall be 
deemed guilty of a misdemeanor, and on conviction, shall be fined not ex- 
ceeding five hundred dollars; and the nuisance shall be abated, and special 
tax bills rendered against the property in same manner as against non- 
residents, except that notice by advertisement shall not be necessary. If 
such service can not be made for the reason that the owner, agents, or other 
persons having charge of the property upon which the nuisance may exist, 
can not be found in the city, of which fact the return upon such notice of 
the officer serving the same shall be conclusive evidence, then the Health 
Commissioner shall cause such notice to be published in the newspapers 
doing the city printing, for two consecutive days (Sundays excepted). And 
if within two days after the service of such notice, or after its publication 
as aforesaid, such nuisance shall not be abated, or the order observed by the 
owner, then the Health Commissioner may order the same to be done as 
hereinafter directed; and the cost of the same, when fully completed, shall 
be ascertained under the direction of the President of the Board of Public 
Improvements, in the same manner as special tax bills for street improve- 
ments, and the amount thereof shall be assessed as a special tax against 
the property so improved, or upon which such work has been done, in the 
name of the owners thereof, of which the books of the Assessor shall be 
proof, and the certified bills of such assessment shall describe therein the 
property upon which the work was done. Said bills shall be recorded and 
shall be collected and paid as provided in this Charter in relation to the 
collection of other special tax bills, and shall be a lien on said property, 
and the Health Commissioner shall keep a record of his proceedings in alf 
cases of abatements ordered by him. 


See also Charter, Art. III, sec. 26, clause 6. For ordinances pursuant hereto 
on abatement of nuisances see Revised Code, secs. 636 and following sections; 
as to special taxation in general see Charter, Art. VI, secs. 14-15, and notes 
appended thereto. 


For discussion of authorities on the subject of nuisances and the abatement 
thereof see Rev. Code, Chap. XI, Art. 12 (see note to article heading) secs. 
584-689. 


As to the sufficiency of service of notice provided for prior to abatement of 
nuisances, see St. Louis vs. Flynn, 128 Mo. 413. 


As to power of Board of Health to abate and the effect ascribed to its findings 
and adjudications see St. Louis vs. Steele, 12 Mo. App. 570; St. Louis vs. Schnuck- 
enberg, 7 Mo. App. 536; also see note to heading of Article 12 of Chap. XI of 
Rev. Code. 


446 CHARTER OF THE CITY OF ST. LOUIS. [ART. XT, Sec, 7-10; 


See. 7. Contracts for the abatement of nuisances. —All contracts 
for work contemplated by this section on which special tax bills are to be 
issued, shall be entered into by the President of the Board of Public Im- 
provements, in the name of the city, based on the estimates of the cost by 
the President of the Board of Public Improvements, accompanied by re- 
ports of surveys and profiles, in cases requiring the same in the judgment 
of such President, and shall be approved by the Mayor and registered in the 
office of the Comptroller. 


See Rev. Code, sec. 669, and.sections preceding the same (666, 667, 662, etc). 


Sec. 8. Proclamation by Mayor in time of epidemics—author- 
ity of Commissioner and Board of Heaith in such cases, ete.— 
Whenever it shall come to the knowledge of the Mayor that any malignent, infec- 
tious or contagious disease or epidemic is prevalent in the city, or will probably 
become so, he may make proclamation of such fact to the inhabitants; and 
after such proclamation the Health Commissioner, with the approval of 
the Board of Health, may have power, by order, to take all steps and use 
all measures necessary to avoid, suppress or mitigate such disease, without 
the intervention of the Assembly in the same manner and as effectually as 
the Assembly could itself do by ordinance, and may employ such officers, 
agents, servants and assistants, establish temporary hospitals, provide 
necessary furniture, medical attendance and nurses, as in the opinion of the 
said Commissioner, with the advice and counsel of said Board of Health, 
may be necessary and advisable: Provided, that the amount expended shail 
not exceed the appropriation for Health Department. The Health Com- 
missioner shall have and exercise such power until he shall declare, or until 
the Mayor shall proclaim, that the epidemic or disease, in view of which 
the proclamation was made, is no longer imminent or prevalent, whereupon 
the said power shall cease. 


The same provision is made by ordinance: Rev. Code, sec. 633; see also Rev. 
Code, sec. 1501. 


See as restrictions upon receiving patients sick with small-pox, cholera or 
plague; Charter, Art: Til isec 3o: 


As to preventing introduction and spread of contagious diseases see Charter, 
Art. III, sec. 26, clause 6; ordinances, Rev. Code, secs. 792-819. 


Sec. 9. Commissioner’s records and accounts.—Said Health Com- 
missioner shall keep a record of his acts and orders; shall file all petitions, 
documents and papers belonging to the office, and shall keep a correct 
account in full of all receipts and expenditures, and shall make rules and 
regulations for the government of his subordinates. Copies of such rec- 
ords, documents, rules and regulations, when authenticated by his clerk, 
shall be presumptive evidence in any court of justice of the facts therein 
contained: Provided, such rules and regulations are not inconsistent with 
this Charter, or ordinances. 


This provision is reiterated by ordinance: Rev. Code, sec. 452. 


Sec. 10. Duties of Physicians in reference to burial certificates 
—For the purpose of carrying the provisions of this article into effect, every 
physician who may practice medicine in the City of St. Louis shall, when 
a patient dies under his care, make out two certificates, stating the name; 
age, sex, color and place of birth, and place and date of death, together 
with the name of the disease of which said person died, one of which he 


ART. XII, Sec. 11-14.] CHARTER OF THE CITY OF ST. LOUIS. 447 


shall without delay, deposit in the office of said Health Commissioner, and 
the other he shall give to the undertaker of the funeral, to be delivered oy 
him to the person who has control of the graveyard in which the body 
buried. And if any physician or undert aker refuse or omit to do as afore e- 
said, he shall forfeit and pay five dollars to the use of the City of St. Louis, 
to be recovered as provided for in Section 11 [12] of this article. 


See carrying out this section, ordinance in Rev. Code, sec. 827, which, however, 
seeks to impose a higher penalty than as fixed by this provision of the 
Charter. 


Sec. 11. Weekly report of interments to be made to Health 
Commissioner. rseers, Sextons or other persons who may have con- 
trol over public graveyards in the City of St. Louis shall make a weekly report to 
the Health Commissioner, of all interments during the week in the graveyard, 
whereof they are such overseer or sexton respectively. Said report shall 
specify the names and ages of the persons interred, sex, color, and place of 
birth, and place and date of death, and also the diseases of which said per- 
sons died. 


Same as Rev. Code, sec. 11. 


Sec. 12. Penalty in case of burial without certificate.—If any 
overseer, sexton, or other person having control of a graveyard, shall per- 
mit any person to be interred in said eraveyard without a certificate, stat- 
ing the name, age, sex, color, place of birth, place and date of death, ta 
gether with the disease of which said person died, signed by the physician 
who attended said person, he shall forfeit and pay a sum not less than five 
nor more than twenty dollars, to be recovered as in other cases of mis- 
demeanor, before any court or officer having competent jurisdiction. 


See Rev. Code, sec. 831 (which is similar, except that it seeks to increase the 
penalty to “not less than twenty-five nor more than five hundred dollarg’’). 


Sec. 138. Penalty for failure to make weekly reports of inter- 
ments.—lf any overseer, sexton or other person charged with the performance 
of such duty, fail or neglect to make to the Health Commissioner such report 
of weekly interments, he shall forfeit and pay not less than twenty dollars 
for every such failure, to be recovered in like manner as provided in the 
last preceding section. 


See Rev. Code, sec. 832 (which is similar, except that it seeks to fix the penalty 
at “not less than twenty-five nor more than five hundred dollars’’). 


Sec. 14. Record of proceedings of Board.-—The Board of Health 
Shall keep a full and correct record of its proceedings and acts, and the 
clerk of said Health Commissioner shall act as the clerk of the said Board. 


See ordinances: Rev. Code, sections 441, 444. 


448 CHARTER OF THE CITY OF ST. LOUIS. [ARTOXIIL Sec: 
ARTICLE XIII. 
SCHOOLS.* 
SECTION SECTION 
Les 4. Rate of school taxes to be fixed by 


2. City officers to assess school tax. 


board. 
5. School taxes collected in extended lim- 


3. City collector to collect school taxes its to be remitted if in excess of 


and to give special bond to boara. necessary revenue. 


*Sec. 1. [Not in force. | 


*Constitutional provisions as to Public Schools and Public School funds: Const., 
Art. XI. See Scheme, section 37, with note; also sections 13 and 36. Section 1 of this 
article of the Charter, as originally enacted, is not in force, and is therefore 
omitted. The present law relating to the public schools in St. Louis, or the “Board 
of Education of St. Louis,’ was enacted, and that board created, by the act 
of March 23, 1897 (Rev. St. 1899, secs. 9919-9951) set out herein, with amendments 
and subsequent enactments, under “Laws Specially Applicable to St. Louis,” 
sections 497-534, (being Chap. 27 thereof). 


It was held (in a case arising under the former law) that the School Board 
of St. Louis was a public corporation, an instrumentality created by the laws to 
administer the trust created and assumed by the State for the education of the 
children of the State. It is neither a private corporation, with vested rights 
exempted from the general laws of the State, nor a municipal corporation proper 
but falls within the class of bodies corporate, now designated as public cor- 
porations or guast municipal corporations: State ex rel. vs. St. Louis Public 
Schools, 112 Mo. 213, 218; see also Heller vs. Stremmel, 52 Mo. 309. 


A school board election is one by the people within the meaning of the con- 
stitutional provisions: State ex rel. vs. St. L. Pub. Schools, susva; but a director 
is not within the meaning of a law disqualifying such officer from another 
office in a municipal corporation: Heller vs. Stremmel, sugva; nor is the con- 
stitutional inhibition against holding two offices, etc., applicable so as to disqual- 
ify one from being at the same time a school director and a deputy sheriff: State 
ex rel. vs. Bus, 185 Mo. 325 (holding also that these two offices are not incom- 
patible). 


A school district is a public corporation in the sense that it is not subject to 
garnishment proceedings: Kein vs. School District of Carthage, 42 Mo. App. 460. 


The St. Louis School Board even under the former act was independent of the 
city government, except that the city officers extend, collect and turn over 
the taxes levied by the board: State ex rel. vs. Tracy, 94 Mo. 217, 221. 


A board of education is not subject to execution under a judgment, and a school- 
house and furniture cannot be taken and sold on execution. It would greatly 
tend to frustrate the design and purpose of the law in respect to common schools, 
were school buildings and property liable to sale under the hammer; and 
injunction will lie to prevent such a sale, which though void, would cast a 
cloud on the property; it seems that the appropriate method of procedure to 
enforce a judgment against a school board is by mandamus to compel the 
levying of a tax to pay same: State to use vs. Tiedemann, 69 Mo. 306. 


Election law relating to school directors in St. Louis is not void as being special 
and local legislation: State ex rel. vs. Miller, 100 Mo. 439. And under the law 
since 1897 when the new act was passed, the school board no longer has the 
power to provide for the election of its members, and the expense of school 
board elections, and pay of judges and clerks, is to be paid out of the city 
treasury, not by the board: State ex rel. vs. Board of Education of St. Louis, 
141 Mo. 45. 


Under the Constitution fines and forfeitures for state offenses, collected in the 
St. Louis Court of Criminal Correction, go to the Public School fund and the 
sheriff must certify same to the President and Directors of the Board, and 
not pay same into court: In re Staed, 116 Mo. 537. 


ART. XIII, Sec. 2-5.] CHARTER OF THE CITY OF ST. LOUIS. 449 


Sec. 2. City officers to assess school taxes.—The officers of the 
City of St. Louis, directed by this Charter to assess and extend the State 
and city taxes, and to perform other duties relating thereto, shall perform 
the same duties in regard to taxes levied by the Board of President and 
Directors of the St. Louis public schools (Board of Education of St. Louis). 

State, School and City tax-bills, how prepared by assessor, and what to contain: 
Charter, Art. V, sec. 26. As to proper officers to extend the taxes (under the old 
law) see State ex rel. vs. Tracy, 94 Mo. 217. 


Sec. 3. City Collector to collect school taxes and to give special 
bond to board.—The Collector of the City of St. Louis shall collect all taxes 
levied by the Board of President and Directors of the St. Louis public 
schools (Board of Education of St. Louis). Said Collector shall give such 
bond for the faithful performance of his duties to said Board, and account 
for and pay over to said Board in such manner and at such times, all school 
taxes collected by him, as the Collector of St. Louis County was required 
to do under the laws heretofore in force. 


GoLlector to collect State; school and city, taxes: Charter, Art. V, sec: 31, etc: 
He may establish claim for such taxes against estate of decedent: State ex rel. 
vs. Littmann, 103 Mo. 553. 


Sec. 4. Rate of school taxes to be fixed by the Board.—The Board 
of President and Directors of the St. Louis public schools (Board of Icdu- 
cation of St. Louis) shall determine the rate of taxation for each year by 
resolution, a copy of which, duly certified according to law shall be handed 
to the Collector of the City of St. Louis, and to the Register of said city, 
on or before the first day of August in each year. 


The power of the Board to determine the rate of taxation (under the provision 
of a law similar to that of the above section hereof), and to include a tax 
on merchants’ licenses, for school purposes, is upheld in State ex rel. vs. Board, 
evuc.. OL ot. Louis Pub. Schools, 94 Mo: 217. 

See also as to power of board to levy and collect taxes Rev. Stat. 1899, see. 9939, 
and to increase tax levy, R. S. 1899, sec. 9940 (set forth in “Laws Applicable 
Specially to St. Louis,” herein, secs. 520, 521). 

The annual rate for school purposes is fixed by the Const. at not exceeding 40 
cents on the hundred doliars but may be increased to one dollar provided a 
majority of the voters who are taxpayers vote for such increase: Constitution, 
A Tie. SCC. 1. 


Sec. 5. School taxes collected in extended limits to be remit- 
ted if in excess of necessary revenue. —I[f the proceeds of taxes levied by 
the Board of President and Directors of the St. Louis public schools (Board 
of Kducation of St. Louis), in any, one year, on property in the different 
wards within the newly extended city limits, should prove to be greatly 
in excess of amounts needed for the purpose of properly carrying on the 
education of children residing within such extended limits, then said Board 
shall by resolution remit such excess. A copy of such resolution, properly 
authenticated, specifying the percentage remitted in the respective wards, 
shall be filed by the secretary of said Board with the Comptroller of the 
City of St. Louis, who shall, in extending the tax, make a deduction equal 
to such percentage of all taxes levied for school purposes on such property. 


450 CHARTER OF THE CITY OF ST. LOUIS. [ART. XIV, Sec. 1-4. 


ARTICLE XIV. 


SINKING FUND.* 


SECTION SECTION 
1. Sinking fund created. 3. Disbursements to be made on requi- 
: sitions. 
2. Duty of assembly as to appropria- 4. Disposition of sinking fund in hands 
tions. of commissioner. 


*The four sections of this article are amendments adopted at an election of 
June 9, 1891, submitted by ordinance 16033. 


Constitutional sinking fund, Const., Art. X, sec. 12 (construed in Saleno vs. 
Neosho, 127 Mo. 1. c. 639 e¢ seg.). AS to ordinance provisions on sale, transfer 
payment, cancellation, ete., of bonds, see Rev. Code, Chapter 37 (secs. 2390-2405); 
as to provisions concerning Water Bonds, see Charter, Art. III, secs. 11, 13, and 
Revised Code, Chapter 39, Art. 2 (secs. 2528-2530); World’s Fair Bonds, see Con- 
stitution (amended 1900), Art. X, sec. 12, and note to Charter in Art. III, sec. 26, 
clause 1; see the latter provision also for power generally of the city to borrow 
money, etc. 


Section 1. Sinking fund created.—There is hereby created a 
sinking fund for the City of St. Louis, which shall always be kept separate 
and distinct from other funds and revenues, and held sacred for the pur- 
pose of redemption or purchase of bonds issued by said city, which were 
outstanding on the seventh day of April, eighteen hundred and ninety, and 
of the bonds issued for the renewal thereof. 


Sec. 2. Duty of Assembly as to appropriations.—The Municipal 
Assembly shall annually appropriate from the fund designated in this Char- 
ter as “interest and public debt revenue” a sum not less than one million two 
hundred thousand dollars to be used exclusively for the payment of the 
bonds of the city described in Section 1 of this article, and of the interest 
thereon. That portion of each annual appropriation not required for the 
payment of the interest coupons maturing during the respective year, shall 
be credited to, and shall constitute the sinking fund herein created. 


Duty to establish rate for payment “sufficient, at least, to meet the require- 
ments of sec. 2, Article 14 of this Charter’: See Art. V, sec. 1. 


Sec. 3. Disbursements to be made on requisitions.—All dis- 
bursements out of the city treasury on account of the sinking fund, shall be 
upon requisitions of the Comptroller approved by the Mayor; and in all 
other respects they are to be made in the same manner as other disburse- 
ments of the city. 


Sec. 4. Disposition of sinking fund in hands of Commission- 
ers.—The assets of the sinking fund now under the control of the Board of Fund 
Commissioners shall be disposed of as follows: The money on hand, and 
the proceeds of all matured coupons from city bonds, shall be credited to, 
and be a part of, the sinking fund herein created; the immatured coupons 
from city bonds shall be canceled, and filed as other coupons from city 
bonds are filed. The bonds of the Ohio and Mississippi Railroad shall be 
turned over to the Comptroller, and deposited in his office; in the event 
of the city at any time realizing on the same, the proceeds thereof shall be 
credited to, and be a part of, the sinking fund herein created. 


ART. XV, Sec. 1-2.] CHARTER OF THE CITY OF ST. LOUIS. 451 


ARTICLE XV. 


PUBLIC PRINTING. 


SECTION SECTION 

1. Register to advertise for sealed pro- proceedings of assembly — second 
posals—-opening of bids—contracts printing of documents forbidden, ex- 
to be awarded to lowest bidder cept by two-thirds vote—annual 
and reported to council—specifica- printing of city documents in pam- 
tions of contract—forfeiture of same phlet form. ~ 
Meco 5 2ot 200 ete ts 3. Proofs of printing to be submitted to 
porary contract authorized. Sree a tT eet aa 

2. Publication of ordinances—abstract of 


Section 1. Register to advertise for sealed proposals —opening: 
of bids—contracts to be awarded to lowest bidder and reported 
to Council—specifications of contract—forfeiture of same—con- 
tract for job printing—temporary contract authorized—A1I print- 
ing and binding to be done at the expense of the city shall be contracted for as 
follows, to-wit: The Register shall advertise in the newspapers published in the 
city, of a uniform daily circulation of over three thousand copies (so far as 
he may be informed thereof), a proposal for sealed bids in writing for 
doing the city printing to be done in city newspapers of said daily circu- 
lation, for one year, one published in the English and one in the German 
language; said advertisement shall state the place, day and hour of the 
opening of such bids, and shall be made for at least ten days next before 
such day. The bids shall be opened in the office of the Register, and all 
bidders may be present thereat. No bid shall be considered in which there 
shall be any erasure or interlineation. In every case the printing shall be 
awarded to the lowest bidder. The Register shall, without delay, report 
the bids and awards to the Council. If the Council reject any award, the 
Register shall proceed without delay as above, for new bids for the kind of 
printing of the rejected award, and report, as aforesaid, upon the same, 
and so on until the Council confirm the awards for all the aforesaid print- 
ing. Every contract for printing, in pursuance of any award, shall specify 
the printing and the price therefor, and require the doing thereof within 
reasonable time. The printing meant in this article includes everything of 
labor, skill and materials, for bringing the work to the condition for its 
intended use and purpose. If any bidder fails to perform the contract as 
therein required, the same shall be subject to forfeiture by the Mayor. All 
job printing and binding shall be let by contract, subject to such regula- 
tions as may be prescribed by ordinance. Until the contract be made as 
aforesaid for any authorized printing, at the expense of the city, the same 
may be contracted for by the Register, with the approval of the Mayor. 


Section 2036 of the Rev. Code carries out the provisions hereof. 


Sec.2. Publication of ordinances—abstract of proceedings of 
Assembly second printing of documents forbidden, except by 
two-thirds vote—annual printing of city documents in pamphlet 
form, —EHvery ordinanss passed by the Assembly shall be published in the 
papers doing the city printing within five days after its approval. The Assembly 
shall cause an abstract of its proce eedings to be published within forty- 
eight hours after the meeting at which they were had. Such abstract shall 
briefly state the substance of all petitions, memorials, remonstrances, mo- 
tions, propositions, bills, resolutions and orders, and the yeas and nays in 
full whenever taken; also, all communications from the Mayor and other 
city officers, unless otherwise directed by the Municipal Assembly. No ex- 
pense for printing the same document the second time shall be incurred, 


452 CHARTER OF THE CITY OF ST. LOUIS. [LART. XVI- 


except when ordered by a vote of two-thirds of the members elected to the 
Assembly, taken by yeas and nays. The annual messages of the Mayor, 
and reports of the Comptroller, with the accompanying reports of the other 
city officers, shall be printed in pamphlet form, the number of copies to bé 
determined by a majority of both houses of the Municipal Assembly by 
joint resolution. 


The provisions hereof followed by ordinance: \WRev. Code, secs. 2037, 2038. See 
also other ordinance provisions following said section. This provision requiring 
publication of ordinances within five days after approval “was designed to 
notify the public at as early a period as possible of the passage and provisions 
of the laws which were to govern them;” and this provision applies only to new 
ordinances and not to a revision and digest of existing ordinances contained in a 
general revision: St. Louis vs. Foster, 52 Mo. 518, 516. 


See as to effect of failure to publish an ordinance, in a case arising under a 
charter of a smaller city, requiring publication of ordinances, but providing that 
failure to publish should not render the same void, except under certain con- 
ditions, etc.: Schweitzer vs. City of Liberty, 82 Mo. 309, 315. 


Where a publication is required, a failure to publish generally renders the 
ordinance void: Bank vs. Granada, 4 U. S. C. C.:A. 212, 219 42 seg.> S. c. 54 Fed: 
100 Cdistinguished in Alma vs. Bank, 50 Ped) 208-25 Uns. Cl CA 504): 


Sec.3. Proofs of printing to be submitted to officers interested. 
—Proofs of all printing shall be submitted to the officer directly interested 
therein, and no publication or printing shall be done or paid for except 
when done in the manner herein prescribed. 

This provision is re-enacted by ordinance: Rey. Code, sec. 2039. When printing 


is done under an unauthorized contract, no recovery can be had against the city, 
and the municipal assembly cannot lawfully provide that it shall be paid for; 


such an appropriation would be a donation of city money and is prohibited 
by law: Campbell vs. St. Louis, 71 Mo. 106- 
: ARTICLE XVI. 
MISCELLANEOUS PROVISIONS. 
SECTION SECTION 
I~ bxistine ordinances, contracts, . etc, co 10. Regulation of public processions. 
remain in force until repealed or 11. Penalty for voting in favor of or al- 
abrogated. lowing unauthorized claims—penalty 
2. Existing recognizances, obligations, for the misapplication of public 
forfeitures, actions, etc., to remain funds. 
in force. 12. Penalty for violation of provisions of 
3. Management of Mullanphy bequest. charter. 
4. Street opening ordinances repealed— 13. Oath of office. 
pending cases to be conducted under 14. Records of board of police commis- 
former laws—city counselor to act sioners to be open to inspection. 
as land commissioner. 15. City counselor and attorney to furnish 
5. Mayor to promulgate charter. legal advice to police commission- 
6. Appeal bonds by city—mayor to exe- ers. 
cute such bonds for the city. 16. Expenses of police force to be paid 
7. Execution of city contracts—contracts out of city treasury. 
to be numbered, filed, ete., in reg- 17. Assembly to fix salaries of officers— 
ister’s office—attested copies to be increase of salary forbidden during 
furnished city officers. term. 
8. Citizens of St. Louis exempt. from road 18. Limitation of salaries—all fees, etce., 
work. to be paid into treasury—officers’ 
9. Damage suits against the city—per- salaries to be paid monthly. 
sons and corporations, when liable, 19. Amendments to Charter to be _ sub- 
to be made co-defendants, and judg- mitted to the people. 
ments to be first enforcad against 20. Existing city officers continued in of- 
them. fice until April, 1877. 


ART. XVI, Sec. 1-6.] CHARTER OF THE CITY OF ST. LOUIS. 453 


Section 1. Existing ordinances, contracts, ete., to remain in 
force until repealed or abrogated.—All Ordinance es in force at the time 
this Charter and Scheme go into operation, not inconsistent therewith, shal] 
remain in full force until altered or repealed by the Assembly, and all 
rights, actions, prosecutions and contracts of the city, not inconsistent 
therewith, shall continue to be valid as if this Scheme had not been adopted. 


Under this section only so much of an existing ordinance at the time of the 
adoption of the Charter is superseded as conflicts with the Charter, the remainder 
thereof continuing in force: Quinette vs. St. Louis, 76 Mo. 402. 


As to effect in general of ordinances in conflict with Charter see note intro- 
ductory to sec. 26 of Art. III of Charter. 


Sec. 2. Existing recognizances, obligations, forfeitures, ac- 
tions, ete., to remain in force.—All recognizances, ‘obligations, and all 
other instruments entered into or executed to the city before this Charter 
goes into operation, and all fines, taxes, penalties and forfeitures due or 
owing to the city, and all writs, prosecutions, actions and causes of action, 
except as herein or in the Scheme otherwise provided, shall continue and re- 
main unaffected by this Charter going into operation. 


That suits, forfeitures and proceedings pending at the time of the repeal of an 
ordinance are not affected by such repeal see Revised Code, secs. 1405, 1406; 
see also as to effect of repeal, note to Charter, Art. III, section 28. 


Sec. 3. Management of Mullanphy bequests.—The Assembly shall 
provide by ordinance for the administration of the Mullanphy bequest by a 
board of thirteen members to be elected by the Council, of whom not more 
than five shall reside in any one Congressional District, said Board shall 
receive no compensation for their service. 


Mullanphy bequest: For ordinances upon this subject see Rev. Code, Chap. 19, 
secs. 1654 to 1672 and note at heading of said chapter, discussing the Mullanphy 
bequest and ordinances, and referring to adjudications touching the same. 


Sec. 4. Street opening ordinances repealed—pending cases to 
be conductedjunder former laws—City Counselor to act as Land 
Commissioner. dinances for the opening of any street,avenue or high- 
way, upon which proceedings shall not have been commenced at the time this 
Chater goes into operation, shall be and are hereby repealed. Provided, however 
the provisions of this Charter shall not be construed to affect any case, 
pending at the time when said Charter shall become operative, but every 
such case shall be conducted under the law in force when it was com- 
menced; and any act necessary to be done by the Land Commissioner of 
the City of St. Louis, in the execution of any such cases after the seventh 
day of April, 1877, shall be performed by the City Counselor of said city. 


That proceedings for street openings begun under the old Charter and con- 
tinued prior to the time when it was finally ascertained that the Charter had 
been adopted (March 5, 1877) are validated by the ade facto principle, see note 
to Charter, Art. VI, sec. 2; also note introductory to sec. 26 of Art. III. 


Sec.5. TheMayor to promulgate Charter.—The Mayor shall, imme- 
diately after this Scheme and Charter go into effect, take measures to 
promulgate the same, by causing them to be printed in pamphlet form, with 
accurate head notes to each article, and as full an index as practicable. 


Sec. 6. Appeal bond by City—Mayor to execute such bond for 
City. City of St. Louis in taking an appeal in any judicial proceedings, 


454 CHARTER OF THE CITY OF ST. LOUIS. [ART. XVI, Sec. 7. 


shall give bond as required by law, but is hereby released from the obliga- 
tion of law to furnish security therefor. All such bonds shall be executed 
by the Mayor, and shall be taken in all courts as a full compliance with the 
law in such cases, and all acts or parts of acts inconsistent with this pro- 
vision are hereby repealed. 


See Rev. Code, sec. 1678, as to appeal bond. An appeal in a suit to which the 
City of St. Louis is a party goes to the Supreme Court, whatever the amount 
involved, because that city is a political subdivision of the State: Steffen vs. 
St. Louis, 135 Mo. 44, 48-49; Straub vs. St. Louis, 175 Mo. 413; Northcut vs. 
Eager, 132 Mo. 265, 273. 


Sec. 7. Execution of city contracts—contracts to be numbered, 
filed, etc., in Register’s office—attested copies to be furnished 
city officers.—All contracts relating to city affairs shall be in writing, signed 
and executed in the name of the city, by the officer authorized to make the 
same, after due notice; and in cases not otherwise directed by law or ordi- 
nance, such shall be made and entered into by the Comptroller, and in no 
case by the Assembly or any committee thereof. All contracts not made 
by the Comptroller shall be countersigned by the Comptroller and filed and 
registered by number, date and contents, in the Register’s office, and at- 
tested copies furnished to the Comptroller, Auditor, and such other officers 
as are interested in the performance thereof as required. 


Contracts: Constitution, Art. IV, sec. 48, provides that the General Assembly 
has no power to . . . pay nor authorize the payment of any claim against 
State, county or municipality under any contract made w#thout express authority 
of law; and all such unauthorized agreements or contracts shall be null and void. 


State Law: No city, ete., shall make any contract unless within the scope of 
its powers or expressly authorized by law and upon consideration to be per- 
formed subsequently; and same _ shall be in writting and dated when made, and 
subscribed by all parties or agents duly authorized in writing: R. S. 1899, sec. 
6759. (An ordinance and written acceptance is sufficient to meet this section: 
California vs. Telephone Co., 112 Mo. App. 722, 727.) Duplicate copies to be made 
one to be kept with proper officer, which in case of variance controls: Sec. 6760 
(but such filing and execution in duplicate is only to preserve the contract 
as evidence and is not a condition precedent of its validity: Saleno vs. Neosho, 
127 Mo. 627, 688). All contractors for public work to give bond, etc.: Sec. 6761; 
material men or laborers may sue on the bond: Sec. 6762. (On last point see 
also Rev. Code, sec. 1989: St. Louis vs. Von Phul, 133 Mo. 567.) 


By the charter also (by this provision, i.e. sec. 7, Art. 16) all contracts must be 
in writing, etc. And by Charter, Art. IV, sec. 46, it is made the duty of the Mayor 
to see that the contracts of the city are enforced; and it is made the duty of 
all officefs to report all violations to the Mayor; and Art. XVI, sec. 11, makes 
participation in an unauthorized contract a high misdemeanor, with severe penal- 
ties. 


And by ordinance, contracts must bein writing, countersigned by proper officer 
designated or comptroller, etc., filed with register, etc.: Rey. Code, sec. 2395. 
(The filing is however not a condition precedent to the validity of the contract: 
See Saleno vs. Neosho, 127 Mo. 1. c. 6387 e¢ seg.). Contracts to be registered, 
numbered, etc., and be in custody of register: Rev. Code, sec. 2062. 


Validity of city contracts and liability of city: Those who deal with the officers 
of a municipal corporation must ascertain at their peril, that such agents are 
acting within the scope of their powers; and the city may plead wultra vires and 
the invalidity of a contract made in violation of law: Cheeney vs. Brookfield, 
60 Mo. 538, 54; Mister vs. Kansas City, 18 Mo. App. 217, 227; Verdin vs. St. Louis, 
13.5 Movs ce 9S Construction }Com vs-5 GeisStaro (MOntA Dial Camo lo mineatin cmc: 
Kansas City, 84 Mo. 415; Carroll vs. St. Louis, 4 Mo. App. 191; Pryor vs. Kansas 
City, 153 Mo. 135, 142, 150, citing numerous cases. 


The city cannot be held on a quantum merutt or on an implied contract: See 
cases supra. 


Hence where a contract exceeds the appropriation allowed, the city is liable 
only to the extent of the appropriation: Mister vs. Kansas City, 18 Mo. App. 217, 
approved but distinguished in Pryor vs. Kansas City, 153 Mo. 135. 


mrt. VL, Sec. 7.] CEA Lhe Of bre Gi iy. CL Len Cle. 455 

But, of course, where one is otherwise entitled to lawfully recover against the 
city (as salary out of the general revenue), the fact that there is not enough 
money appropriated to pay him, will not defeat a judgment on the claim: Mag- 
ner vs. St. Louis, 179 Mo. 495, 501. Nor is one who is entitled to a claim against 
a city required to obtain a warrant before suing: Kansas City Loan Co. vs. 
Kansas City, 98 S. W. 459 (Sup. Ct., Nov. 21, 1906). 


For a case apparently on contract against the city, in which ‘‘no law or ordi- 
nance requiring it to be in writing was brought to the attention” of the court, 
and where a verbal contract was held sufficient, see McQuade vs. St. Louis, 76 Mo. 
46, 48 (but only the title indicates that the suit was against the city; nor is men- 
tion made of the provisions first above referred to from constitution, statute and 
charter); See also ‘“‘The Maggie P.,”’ 25 Fed. 202. 


A verbal contract is absolutely void as to a city: Savage vs. Springfield, 85 Mo. 
App. 323, 329 (incapable of ratification), citing the constitution; but the point 
must be raised in the trial court: Lancaster vs. Briggs, 118 Mo. App. 570. 


All persons dealing with the city must take notice of the charter and ordinance 
provisions (see note introductory to Charter), and these enter into and form 
part of the contract, whether expressly so made or not: Pryor vs. Kansas City, 
153 Mo. 135, 142, 150; Carroll vs. St. Louis, 4 Mo. App. 191; St. Charles vs. Hack- 
man, 133 Mo. 1. c. 642; State ex rel. vs. Kent, 98 Mo. App. 281, 286; see also San 


Antonio vs. Altgelt, 200 U. S. 304, 308; Citizens Bank vs. Owensboro, 173 U. S. 
636, 644. 


Contracts referring to ordinances incorporate the latter in the contract: St. 
Louis vs. Gas Co., 155 Mo. 1. c. 17, and cases cited. 


The Municipal Assembly cannot let contracts: see Charter, Art. VI, sec. 27 (public 
work); Art. IV, sec 29 (supplies); Art. XV (printing). Compensation on a con- 
tract not authorized (such agreement being void), cannot be provided for by 
the Municipal Assembly; such action would amount to a prohibited donation of 
the city’s money: Campbell vs. St. Louis, 71 Mo. 106. 


The rule of contemporaneous interpretation of contracts largely controlling 
their effect in case of ambiguity, applies to contracts with the city: St. Louis vs. 
Laclede Gas L. Co., 155 Mo. 1, 19, and cases cited; but see National W. W. Co. vs. 
School Dist., 48 Fed. 523. 


The sameequity exists andthe same moral obligation restsSupon the city to pro- 
tect those whose labor and material is employed in the improvement of its streets 
under contract with a contractor as rest upon those making private improve- 
ments; and hence the furnishing of such material or such work, creates such a 
privity between those furnishing same and the city as will entitle them to the 
benefits intended to secure them against loss, under a bond expressly so pro- 
viding, exacted by the city from the contractor doing public improvement work; 
the city has authority under its charter powers to require such provision: St. 
Louis vs. Von Phul, 133 Mo. 561, 566 et seq.; Kansas City vs. Surety Co., 196 Mo. 
l. c. 305; (see also Rev. St. 1899, sec. 6762; Rev. Code, sec. 1989). And the con- 
tract between the material men and the contractor is independent of the con- 
tract between the city and the contractor; the fact, therefore, that the contract 
between the city and the contractor is invalid has no effect upon the contract 
between the material man and the contractor: Kansas City vs. Surety Co., 196 
Mos 1c. 302. So also the city may contract that enough of the contract price be 
withheld to meet the claims of laborers and material men: St. Louis vs. Lumber 
Co., 114 Mo. 82. After the contract is executed, the sureties on the contractor’s 
bond to the city are estopped from claiming that the contract was void: Kansas 
City vs. Surety Co., 196 Mo. 1. c. 302. But where there is no privity between the 
city and a third person for whose benefit a contract is made by it, such contract 
is invalid; hence a private citizen cannot recover for loss by fire, from a water 
company which had obligated itself to furnish water sufficient to extinguish all 


fires and be responsible for a failure so to do: Howsman vs. Trenton, 119 Mo. 
305. 


A city cannot contract to do for a compensation that which is a public duty 
imposed upon it by law; but it may contract to do things of a private nature 
not inconsistent with its municipal powers (such as raising a sunken boat), and 
be liable for a breach thereof: The Maggie P., 25 Fed. 202. 


City officials are disqualified from being directly or indirectly interested in any 
contract with the city (see Charter Art. IV, sec. 10, including assemblymen: Art. 


CHARTER OF THE CITY OF ST. LOUIS. [ART XVI, Séerde 


III, sec. 6); it is made a misdemeanor if they are (R. S. 1899, see. 2346, 
Charter Art. XVI, sec. 11); and in view of these and the other statutory, charter 
and constitutional provisions cited at beginning of this note, there is little doubt 
that such contracts are void: (See note to sec. 10 of Art. IV of Charter). 


For additional authorities that city contracts not in accordance with law are 
void, see cases below on ratification, estoppel, ete. 


Contracts lawfully made by a city are binding on it (Steffen vs. St. Louis, 135 
Mo. 44), and the obligations of contracts made by franchise ordinances cannot 
be impaired by the city; and such impairment will be prevented by the courts, 
as a matter of law, and as contrary to the constitutions prohibiting such legis- 
lation: See cases cited in note to sec. 1 of Art. X of the Charter, as to street 
railway ordinance franchises; and see in general, Vicksburg vs. Waterworks Co., 
202 U. S. 453, and cases cited; Walla Walla vs. W. W. W. Co., 172 U. S. I. 


But a mere repudiation ef a contract by a city, in the absence of legislation, 
amounts to a mere breach of contract, and does not amount to the impairment 
of its obligation within the federal constitution: Dawson vs. Columbia Trust 
(Coy AHA BE Sy ariel 


A city may be held to have received money to the use of another; the obliga- 
tion to do justice rests upon all persons, natural and artificial, and if a munici- 
pality obtains the money or property of others without authority, the law, in- 
dependent of any statute, will compel restitution or compensation: Wood vs. 
KansasiOity sl6ZeMon 3037) scious. 


A clause in a contract between the city and a contractor, leaving disputes as to 
the amount of the work to be paid for and questions as to the execution of the 
contract work, to be determined by the city’s commissioner is valid and his de- 
cision is final in the absence of fraud, partiality or misapprehension of the facts: 
McCormick vs. St. Louis, 166 Mo. 315 (see also dissenting opinion and cases 
cited); but such provision does not give the commissioner jurisdiction to deter- 
mine the Jegal question whether the contractor has incurred a penalty provided 
for in the contract: King, -etc.,;Mntfe. Co. vs) St) Louis, 43° Hedy (CG) i6sCap- 
peal dismissed: 149 U. S. 769). 


Ratification: A city may ratify the unauthorized acts and contracts of its of- 
ficers when within the scope of the corporate powers. But the ratification must 
be by the same authority that could have done the act lawfully originally: 
Dougherty vs. Excelsior Springs, 110 Mo. App. 623, 627, 629; Unionville vs. Mar- 
tin, 95 Mo. App. 28; State ex rel. vs. Milling Co., 156 Mo. 620, 634; Clay vs. Mexico, 
92 Mo. App. 611; Ruggles vs. Collier, 43 Mo. 353, 367; Kolkmeyer vs. Jefferson 
City, 75 Mo. App. 678. 


A sewer not legally constructed by ordinance may be accepted and used by a 
city, and such subsequent ratification estops the city, but not an abutting owner 
to dispute a tax-bill: Akers vs. Kolkmeyer, 97 Mo. App. 520; see further, St. 
Louis vs. Clemens, 43 Mo. 395. 


Nor can a void contract be ratified: Savage vs. Springfield, 85 Mo. App. 323 
329. 


The doctrine of estoppel applies to a municipal corporation when it enters into 
a contract which it has authority to make, with the same force as that doctrine 
applies to individuals: Un. Dep. Co. vs. St. Louis, 76 Mo. 393, 396; Unionville vs. 
Martin, 95 Mo. :App. 28, 38; see also National Subway Co. vs. St. Louis, 169 Mo. 
319 (refusing to allow the city to charge as per contract for the use of its streets 
during the period it itself prevented such use); The Maggie P., 25 Fed. (C. C. 
Dist-.iMo;))202..2065 "See alsov Kine eter Cov vs, Sl COUlS atom elm (Co NEO e 
768. 


But estoppel cannot be applied against the city to validate a contract the city 
had no authority to make: Unionville vs. Martin, 95 Mo. App. 28, 38; Wheeler vs. 
Poplar Bluff, 149 Mo. 36. 


Although it may be invoked against one dealing with the city who has received 
the benefit of an unauthorized contract which is not prohibited by charter or law: 
Unionville vs. Martin, 95 Mo. App. 28, 38; Kansas City vs. Surety Co., 196 Mo. 281, 
301; St. Louis vs. Davidson, 102 Mo. 149; Henderson vs, Koenig, 192 Mo. 690; Cali- 
fornia vs. Telephone Co., 112 Mo. App. 722. But see Wood vs. Kansas City, 162 
Mo. 312, holding that one cannot be estopped by a void ordinance from claiming 


ART. XVI, Sec. 8-9.] CHARTER OF THE CITY OF ST. LOUIS. 457 


fees received as notary public, though obtaining his employment by such ordi- 
nance which required him to pay said fees to the city, his salary to be in full 
thereof, and such fees being earned in connection with city business and in city 
hours. 


A city cannot be estopped from claiming property to be a highway because it 
had been included in a cause seeking to condemn private land for public use: 
Moses vs. St. L. Sec. Dock Co., 84 Mo. 1. c. 246-247. 


Tt was held that where the City of Joplin entered into a contract with a water 
company to supply it with water, it cannot accept the benefits of the water sup- 
plied and defeat a recovery because the amount supplied was not as much as 
agreed: if it intends to escape payment altogether it should refuse to accept the 
water and terminate the contract, otherwise it will be liable for the amount re- 
ceived, and if it fails to enforce the provisions of the contract intended to meet 
the default claimed, it waives the right that the company can recover only on 
the quantum meruit: Waterworks Co. vs. Joplin, 177 Mo. 496. 


Assignability of contraet: The rule that a contract is assignable applies against 
a municipal corporation, unless there be some statute or ordinance forbidding: 
Gordon vs. Jefferson City, 111 Mo. App. 23, 27; St. Louis vs. Sullivan, 42 Mo. 69, 73; 
Kansas City Loan Co. vs. K. C., 200 Mo. 159. Whether a city has a right by 
ordinance to forbid the assignment of earned or unearned wages or claims was 
raised in the last cited case (200 Mo. 159), but the case was decided on the point 
that the particular ordinance there in question did not apply to the facts, and 
the assignee of earned claims was permitted to recover; the court construed an 
ordinance prohibiting issuance or payment of a warrant to any other than the 
party working for the city, as not preventing recovery by the assignee of the 
claim, in the same manner as the assignor could have recovered had no warrant 
been issued. : 


Deeds by municipal officers, acting in pursuance of ordinances or resolutions of 
the law-making power need not recite such authority, nor show that the con- 
tingency has happened which authorized the sale; the rule applicable to trustees 
does not apply to a city: Jamison vs. Fopiarea, 43 Mo. 565. 


Where the city has charter power to dispose of lands, its deed therefor is pre- 
sumed to be executed in pursuance of that power, and no special authority by 
ordinance or resolution need be shown: Chouquette vs. Barada, 33 Mo. 249; a 
deed by a city, regular on its face, under the corporate seal, is prima facie evi- 
dence that all the prerequisites authorizing the sale have been complied with: 
Wells vs. Pressy, 105 Mo. 164, 179, and cases cited. 

Sec. 8. Citizens of St. Louis exempt from road work.—The citi- 
zens of the City of St. Louis are hereby exempt from working on the roads or 
public highways of the city, any law to the contrary notwithstanding. 


Sec. 9. Damage suits against the City—Persons and Corpora- 
tions,when liable to be made co-defendants, and judgments to be 
first enforced against them.—Whenever the city shall be made liable 
to an action for damages, by reason of the unauthorized or wrongful acts, or 
of the negligence, carelessness or unskillfulness of any person or corporation, 
and such person or corporation shall also be liable to an action on the 
Same account by the party so injured, the injured party, if he sue the city 
for damages suffered by him, shall also join such other person or persons or 
corporation so liable, if residing in the State, so that they can be served 
with process, as a defendant or defendants in his suit, and no judgment 
Shall be rendered against the city unless judgment is rendered against such 
other person or corporation so liable to be sued as aforesaid; and if any 
action be brought against the city alone, and it is made to appear that any 
person or corporation ought to be joined as a defendant in the suit, accord- 
ing tu the provisions of this section, the plaintiff shall be non-suited; but 
no person shall be liable under this act to be sued jointly with the city, who 
would not be liable to be sued separately, irrespective of its provisions. 
When a judgment shall be obtained against the city and the other party 
liable as aforesaid, execution shall issue against all the defendants in the 
ordinary form, but shall first be enforced and collected of the other defend- 


458 CHARTER OF THE CITY OF ST. LOUIS. [ART. XVI, Sec. 10-11. 


ants, and shall not be collected of the city unless the other defendants are 
so insolvent that the same can not be made out of them, and in that case 
the city shall pay only so much of the judgment as can not be made out of 
the other defendants. 


Seetion void: This section of the charter was held to be void as inconsistent 
with the state law in Badgeley vs. St. Louis, 149 Mo. 122. In lieu of it a statute 
was enacted authorizing the city to compel a plaintiff to bring in as co-defendant 
with the city one who is liable with the city on account of the same cause of 
action: Laws 1901, p. 78 (set out herein in ‘“‘Laws Specially Applicable to St. 
Louis,” as sec. 227), cited in Baker vs. St. Louis, 189 Mo. 375. 


Liability of city in damage suits for defective streets and sewers, see note to 
clause 2 of section 26 of Art. III of the Charter. As to suits jointly against city 
and other parties, see (with other cases in that note cited) also Perrigo vs. St. 
Louis, 185 Mo. 274; Gerst vs. St. Louis, 185 Mo. 191; Hesselbach vs. St. Louis, 179 
Mo. 505; Reedy vs. St. Louis, 161 Mo. 523; Loth vs. Columbia Theatre, 94 So. West. 
847 (Sup. Ct., May 22, 1906); Hranke vs. St. Louis, 110 Mo. 516; Carvin vs: St 
Louis, 151 Mo. 334; Grogan vs. Co. 87 Mo. 321; Donoho vs. Vulcan Iron Works, 
75 Mo. 401; Schweickardt’vs. St. Louis, 2 Mo. App. 571; Waltemeyer vs. K. C., 71 
Mo. App. 354; Rice vs. St. Louis, 165 Mo. 636. 


Sec. 10. Regulation of public processions.—The Municipal As- 
sembly shall provide by ordinance for the regulation of public processions 
so as to prevent interference with public traffic, and to promote the good 
order of the city. 


Ordinances as to processions and parades: Rey. Code, sec. 1540; processions of 
carriages prohibited in parks. J. sec. 2018. 


Sec. 11. Penalty for voting in favor of or allowing unauthor- 
ized claims—penalty for the misapplication of public funds.-—Any 
member or officer of either house of the Assembly, and any officer of the city, 
and any member or officer of any board organized under or inconnection with 
the city government pursuant to any law of this State, who shall in his offi- 
cial capaeity, or under color of his office, knowingly or willfully, or cor- 
ruptly vote for, assent to, or report in favor of, or allow or certify for al- 
lowance, any claim or demand against the city or any department thereof, 
or against any such board as above mentioned, which claim or demand shall 
be on account or under color of any contract or agreement not authorized 
by or in pursuance of the provisions of this Charter, or any claim or demand 
against the city or any department thereof, or any such board as afore- 
said, which claim or demand, or any part thereof, shall be for work not in 
fact performed for and by authority of said city or such board, or for sup- 
plies for materials not actually furnished thereto, pursuant to law or ordi- 
nance, and every such member or officer as aforesaid, who shall knowingly 
vote for, assent to, assist or otherwise permit or aid in the disbursement or 
disposition of any money or property belonging to the city or any depart- 
ment thereof, or held by or in charge of any such board as aforesaid, to any 
other than the specific use or purpose for which such money or property shall 
be, or shall have been received or appropriated, or collected or authorized 
by law to be collected, shall, upon conviction thereof, be punished by im- 
prisonment in the city jail for not more than one year, or by fine of not 
less than two thousand, nor more than-ten thousand dollars, or by both 
such fine and imprisonment, or by imprisonment in the city jail tor not 
less than six months, and by fine of not less than five hundred, nor more 
than five thousand dollars. 


See references in note to Art. IV, sec. 10 and Art. XVI, sec. 7, as to prohibitions 
and penalties for unauthorized contracts, ete. For liability of officers see note 
to sec. 43 of Art. IV. 


ART. XVI, Sec. 12-17.] CHARTER OF THE CITY OF ST. LOUIS. 459 


Sec. 12. Penaltyfor violation of provisions of Charter.—-Any per- 
son who shall violate any of the provisions of this Charter, for the violation of 
which no punishment has been provided therein, shall be guilty of a mis- 
demeanor, and shall be punished by fine not exceding five hundred dollars, 
or by punishment (imprisonment) in the county jail not exceeding one year. 


Sec. 138. Oath of office.—Each member of the Assembly and officer of 
the city, or of any board thereunder, shall, before entering upon the duties 
of his office, take and subscribe an oath or affirmation*that he will support 
the Constitution of the United States and of this State, and that he is not 
subject to any of the disqualifications enumerated in this Charter, and that 
he will demean himself faithfully in office. 


Oath: See oath elsewhere required in Charter: Art. IV, sec. 43. See note thereto 
referring to ordinance and authority. 


See. 14. Records of Board of Police Commissioners to be open 
to inspection.—The journal and books of the Board of Police Commission- 
ers, required by law to be kept by them, and all documents relating to their 
office, shall always be open to the inspection of the Comptroller and Munici- 
pal Assembly of the City of St. Louis, and of any committee appointed by it 
for that purpose. 


Sec. 15. CityCounselor and Attorney to furnish legal advice 
to Police Commissioners.—-The City Counselor and Attorney shall furnish 
the Board of Police Commissioners with the legal advice and services desired 
by them, and the said Board shall not employ any other at the city’s 
expense. 


Sec. 16. Expenses of Police Force to be paid out of city treas- 
ury.-—All claims against the Board of Police Commissioners, including salaries, 
shall be paid out of the city treasury in the same manner as other claims 
against the city are paid; and said claims shall be certified to by the Presi- 
dent and Secretary of said Board, and audited as provided in this Charter 
for claims against the city; and all acts or parts of acts inconsistent with 
or in conflict with this section are hereby repealed. 


Salaries and expenses of police: As to the payment of the police under the pres- 
ent Metropolitan Police Law, see State ex rel. vs. Mason, 153 Mo. 23; also State 
ex rel. vs. St. Louis, 174 Mo. 125, 1. c. 1381, and State ex rel. vs. Smith, 89 Mo. 408. 
See full discussion and notes to that act, State Laws “Specially Applicable to 
St. Louis,’ ante, Chap. 24, secs. 427-459; see also Chart. III, sec. 26, clause 2, 
and end of note thereto. 


Sec. 17. Assembly to fix salaries of officers—increase of sal- 
ary forbidden during term.--The Municipal Assembly shall fix the salaries 
of all elective or appointive officers of the city and their assistants or depu- 
ties, and also of all clerks that may be employed by the city in any of its 
offices or departments, and may increase or diminish the same by ordinance, 
except in cases where otherwise provided in this Charter: Provided, that 
no such increase shall be made during the term for which any such officer 
or assistant or clerk may be elected or appointed. 


Salaries: Limitation on salaries: See next section. By Charter Art. III, sec. 26, 
clause 8, it is provided that the salary of no officer shall be changed during 
his term, and that no officer receiving a salary shall receive any fees or other 
compensation: See note to that provision. 


The constitution (Art. XIV, sec. 8) provides that “thecompensation or fees of no 
state, county or municipal officer shall be increased during his term of office.” 


460 


CHARTER OF THE CITY OF ST.LOUIS. [ART XVi, SeeaT: 


In State ex rel. vs. Johnson, 123 Mo. 43, 48, it is held that this does not apply to any 
official whose term of office is not definitely fixed, and who holds at the pleasure 
of the appointing power. But both constitutional and charter provision are held 
to apply to that part of an incumbent’s term during which he holds over after 
the regular term, and before his successor is qualified: State ex rel. vs. Smith, 
87 Mo. 158. 


The right of a public officer to the salary of his office is a right created by 
law, is an incident to the office, not the creature of contract, nor dependent upon 
the fact or rendition or value of services actually rendered: State ex rel. vs. 
Walbridge, 153 Mo. 194, 208, citing numerous cases; Bates vs. St. Louis, 153 Mo. 
18, and cases cited; Cavanee vs. Milan, 99 Mo. App. 672. See also Sanderson vs. 
Pike Cos e195" Mow lssC...6.05% 


Not being fixed by contract, express or implied, a public officer is entitled to 
compensation, if at all, only where such right is created by law as an incident to 
the office; no implied liability to pay will arise: Givens vs. Daviess Co., 107 Mo. 
603, 608-609, and cases cited; so see Garnier vs. St. Louis, 37 Mo. 554 (holding 
that there is no implied liability of the city); Sanderson vs. Pike Co., 195 Mo. 
Lc 05: 


If a city official is otherwise entitled to recover, the fact that there is not 
enough money appropriated to pay him will not defeat his claim: Magner vs. 
St. Louis, 179 Mo. 495, 501. 


Absence from the city without leave suspends salary: Rev. Code, sec. 1688. 


Where an attempted removal of an officer is unlawful, he is still the in- 
cumbent, and he will not be prevented from recovering his salary, in a mandamus 
proceeding against the proper officials: State ex rel. Gieselman vs. Hawes, 177 
Mo. 387; State ex rel. vs. Johnson, 123 Mo. 43; State ex rel. vs. Walbridge, 153 
Mo. 194. See also U. S. vs. Wickersham, 201 U. 5S. a0 Oso ON. 


Salary during suspension by Mayor, see Rev. Code, sec. 1705. An officer legally 
suspended is not entitled to the salary during such period whether finally re- 
moved or not: Blackwell vs. Thayer, 101 Mo. App. 661; Westberg vs. Kansas 
City, 64 Mo. 493; Howard vs. St. Louis, 88 Mo. 656; Lewis vs. St. Louis, 12 Mo. App. 
570 (memo. opin.). Contra: State ex rel. vs. Carr, 3 Mo. App. 6 (allowing recov- 
ery for the period of suspension, under ordinance now R. C. sec. 1705). 


As to salaries of police see notes to Metropolitan Police Act (set out State 
Laws Specially Applicable to St. Louis, Chap. 24, secs. 427-459). 


Salary attaches to the legal title and an officer who is de facto such but not 
de jure cannot recover the salary attached to the office: Sheridan vs. St. Louis, 
1838 Mo. 25 (House of Delegates member). 


Nor can an officer de jure recover from the city for salary paid in good 
faith to the officer de facto while in office: State ex rel. vs. Babcock, 106 Mo. App. 
72. He who holds the commission is entitled to the salary until his authority is 
properly cancelled: State ex rel. vs. Clarke, 52 Mo. 508. 


An officer has no vested right to his office, and abolishing the office cuts off the 
right to the salary attached to it: Magner vs. St. Louis, 179 Mo. 495; Primm vs. 
Carondelet 22 Mo. 22. 


A de facto officer is entitled to be paid the necessary expense of earning the 
fees in derogation of the rightful officer to whom they belong and a fortior7 
the city should be allowed expenses and clerk hire paid for it relying in good 
faith upon the validity of a statute and ordinance authorizing that course 
though such laws be subsequently declared void: Henderson vs. Koenig, 192 
Mo. 690. By accepting the benefits of compensation under an unconstitutional 
statute the officer waives its invalidity as to himself so far as recovering com- 
pensation: /6.; State ex rel. vs. Messerly, 198 Mo. 351, 357. 


An ordinance is valid, providing against assignability of salary or wages 
of city employes: State ex rel. vs. Kent, 98 Mo. App. 281. 


Under general principles of law a partial assignment of salary not yet due is 
void: Beal vs. McVicker, 8 Mo. App. 202. 


ART. XVI, Sec. 18-20.] CHARTER OF THE CITY OF ST. LOUIS. 461 


A contract by a public officer for the assignment or sale and collection of his 
future salary is void as against public policy: State vs. Williamson, 118 Mo. 146. 


An ordinance providing that an employe of a city shall pay fees earned by 
him as a notary public in connection with the city’s business shall be paid into the 
city treasury and that his salary shall be in full of such services, is void, and 
the notary’s fees may be recovered by him from the city which had received 
them: Wood vs. Kansas City, 162 Mo. 303. 


But where the city has paid a city official his salary as understood to be due 
by it, and the same has been received by him as such, over a long period of time, 
he is thereafter estopped from claiming a greater sum: Galbreath vs. Moberly, 
80 Mo. 484. 


Sec. 18. Limitation of salaries, fees, ete., to be paid into 
treasury—salaries to be paid monthly.—The annual salary of no officer 
of the city shall exceed the sum of five thousand dollars, nor of any assistant or 
deputy exceed the sum of twenty-five hundred dollars, nor of any clerk in the 
sum of eighteen hundred dollars; and all fees, perquisites and emoluments of 
such officers shall be paid over monthly to the Treasurer, and all such sal- 
aries shall be paid monthly, as may be provided by ordinance. 


See note to preceding section. 


Sec. 19. Amendments to Charter to be submitted to people. 
—When amendments to this Charter are proposed, they shall be submitted 
separately to a vote of the people. 


The method of amendment is pointed out by the Constitution: Art. IX, sec. 21. 


This section of the Constitution was amended in 1902. An amendment now re- 
quires a three-fifths vote of the qualified voters voting for or against each of 
the amendments submitted. Formerly it required three-fifths of all votes 
cast at the same election: State ex rel. vs. Mayor, 73 Mo. 435; State vs. Winkel- 
meier, 35 Mo. 108. 


It was at first held that the Charter of St. Louis could be amended only in the 
method pointed out in the Charter and not indirectly by the General Assembly: 
Murnane vs. St. Louis, 123 Mo. 479; St. Louis vs. Dorr, 145 Mo. 466, 480: and such 
of course must be the case where the Charter is to be technically and directly 
amended. But it is now held that the legislature has an unquestioned right to 
enact such laws for the city as it thinks necessary, and in so far as in conflict 
with the Charter the latter is thereby superseded: See cases cited in the first 
note at beginning of this Charter under “General Considerations Respecting the 
Charter.” 


A city adopting under the constitution a freeholders’ Charter (in thiz case 
Kansas City) has the power not only to amend it from time to time but to 
frame,and adopt a new Charter: Morrow vs. Kansas City, 186 Mo. 675. 


Sec. 20. Existing city officers continued in office until April, 
1877.— All the present city officers, except where otherwise provided in this 
Charter and in the Scheme, are hereby continued in office until the election 
provided herein to be held in April, 1877, and until their successors are 
qualified. 


INDEX) TO SG BEANIGneixe 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


finaex to Ordinances at end of Rev. Code. 


INDEX TO CHARTER. 


ABSTRACTS— 
of corrected assessments to be sent to mayor, when........ 
SveLOgseerOT warded tO stale Auditors... .s.c.. 6s sau cee mes ve 
of proceedings of assembly, to be printed.................. 


ACCOUNTS— 

See Auditor. 

Pr rOUm One Kenc DY COUDLG CTIUCY a © ashe eis. tleielate ‘ole les ein een 
mitre to examine, adjust and audit... .:......- oe. cena e 

must be certified to by proper officer before auditing........ 
Maman Comptroller may allow... 5785 «66 sec bhava nue 
in case of their disagreement, either oneand mayor may allow 
all audited accounts to be registered in comptroller’s office 
to be filed and preserved in auditor’s office................ 


ACTIONS— 

See Special Tax Bills; Tazes. 

NMEA ey Vane IN IT eA (LEd CTC) i. oo op eouclc o sw 6 de dai st alee w ele 
Bmvecounseior Lo-prosecute and defend: ...)..5...0...6. 8605 
Merve Olitrone ct City GCOMUTACtS: .-s. ec. . 65k es we a lk Pe etd carts s 
BOE MBE CUIUT Cnty) TPATSNAL) Mat chee clare sw oe sp ekeienen*ad pe veo 0% 
causes of, to be unaffected by the Charter, when.......... 
CURT MrE BLOT CAS Ck, eine ola i's cis) alee & Mints &6 aoa ecce me 
eer ercherer rer (es De eT OU ia LL) a see care ess cc vette foe Sa ate 


[ANNOTATIONS. ] 
injunctions—See Injunctions. 
mandamus—See Mandamus. 
against city for damages, and liability of city—vSee 

Damages. 

by private persons based on violation of ordinances...... 
by city paying damages, torecover from primary wrongdoer 
on special tax-bills—See Special Tazx-Bills. 
against city by contractor, where city prevents work...... 
Camvonori, contractor for public Work... .d.5.6 -ewecenns 
on contractors’ bonds by material men and laborers...... 


ADVERSE POSSESSION— 


[ ANNOTATIONS. ] 
title to public or city property cannot be lost by......... 
Pra VEE: ACuniITEd: D¥eCILY UY ..5 .. «04 <> clon ae cae a 8 yar 


ADVERTISING— 
See Board of Public Improvements; Contracts; Public Print- 
ing; Public Work. 


AFFIRMATION— 
See Oath. 


AGENTS— 
power to license and tax real estate (clause 5)............ 
Berane ee MUTE: LFLLL SESE) o's go ow Sock av orn we doh ocd) aboupi eves, Wal oreo MUOPE wi'aueie 
power to tax, license and regulate (clause 5)............... 
SE EEE eee E A IBTES, Fos a eoac rs nix oe ee Gob ee Oe ines. ae 
SUMATRA TICE ALY ) 0. ses, arure sen wee eo ee oe ne eee “ie 


[ ANNOTATIONS. ] 
power in charter to require owners to move buildings con- 
SE METREMTISV ETS VOL Ci vii ie ¢ cecil Shue Deus Ne Roca s ie Sale, A dig 2 


PAGE. 


375 
375 
451 


304 
304 
371 
371 
atl 
d71 
371 


294 
308 
364 
414 
453 
457 
457 


320 
326 


420 
424 
455 


384 
384 


330 
330 
330 
330 
330 


338 


III 
III 
III 
III 
III 


463 


26 
26 
26 
26 
26 


464 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| index to State Laws for St. Louis, pp. 225-256. 


AIR FLUES— PAGE. ABT: SEG; 
may order and regulate building of (clause 12)............ oo III 26 
ALE— 
may regulate the inspection of (clause 7)................. 333 III 26 
‘ALLEYS— 
opening; widening, and altering’ same. orca eee 385 Vii 2 
condemnation ,ofeprivatec pronerty. 106. 45 ee eee 385 VI 2 
City Counselor to: conduct proceedines...7..45) ee 385 VI 2 
damages, how ASSessedticicc cs inte re et ae a ee 385 VI Z 
benefits ‘tO bé. paid a OVa WHOM. cea. eee ca ee ee 389 VI 5 
ordinance, for Am provemente Obie... «eet as eee 395 VI 14 
action of Board of Public Improvements on alley improve- 
MON (See Peirce aia charg vue a eaters © 6 ene eee One ees ies 395 VI 14 
special taxationsilor improvement: Ole 2.5 eee ee oe 395 VI 14 
must be established and dedicated before improvements 
are Ordered’ os Seek ackhe oo ele ste ee ee 401 VI 15 
repairing, Cleaning 6tegs. .. sie te ea eer ee ee ei Me - 
apportionment. of cost: of improvements... «94. ae ee 404 VI 18 


[ ANNOTATIONS. ] 
and streets—-See Streets, Alleys, etc. 


What! AVE), a ise ela nSe 3-50 & oreeeokeeds eee es ee eee ee ee ere O82 
distinction between alleys and streets................... 382 
nature of proceedings to open, widen, etc................- 381 
ClEVATIONS LOL iss 2. ooo ake aie one te anes levied Uletee teas Cen dee, ce ee iiereeae 381 
GaMmares ins Proceed INES vtO,, Open vee... vac a uae tee eee oes 390 
special: taxation for 1M provenret ae. lone ak eee creer 405 
AMENDMENTS OF BILLS— 
changing ‘original -purpose=forulddeny-) on cae ea eee ee 310 1 | is 
to ‘be’ incorporatedy Dy) GhZrossmeniy 2. re oe er eee atl IIf 15 
form wl Fe ee See Re Sead ee Oy ee anare olZ LTT 19 
AMENDMENTS OF CHARTER— 
to be. submitted: separately to the people...) 124s. ae ee 461 XVI 19 
[ANNOTATIONS. ] 
how may be“ehected nin woe eee ee Be ee ee eee ee 461 
by inconsistent statutes. aac os aie eee et ee ee 461 
AMUSEMENTS— 
power to tax, license, regulate or suppress (clause 5)...... 330 Tit 26 
power to restrain or prevent dangerous amusements 
CGlanse (By 7 sii rea etch cach ee ticles Or ate aie ae RR On 330 III 26 
ANIMALS— . 
may prevent driving through city (clause 6). ......-..-) Bo2 Ill 26 
power to prohibit the running at large of (clause 9)....... mo III 26 
APPEALS— 
respecting =assessmentof property. ae te ree eee ee 374 V 24 
in judicial proceedings: Dy City Ue See es ee ee 453 XVI 6 
mayor to execute: bonds for City co oe ee i eres 454 XVI 6 
city not: required :tomurnish S€curity.jo..a. 2s eee ee 454 XVI 6 
[ANNOTATIONS. ] 
from assessments of property, decisions.................. 374 
from: condemnations proceed inesii72 7, 2 oe ee eee ee 393 


in suits to which city is a party, go to Supreme Court.... 454 


™ 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256 


Index to Ordinances at end of Rev. Code. 


APPOINTMENTS— 
See Mayor; Offices and Officers. 


of officers, assembly may provide for (clause 8) 


One) Ce) eee ee eee 


OFFICERS APPOINTED BY MAyorR UNDER CHARTER PROVISIONS— 


IE CLOT erat Ge a hae oe eee © nya cle ee 
Superintendent House of Refuge......... 
Superintendent Work House............. 
Souimissioner of Supplics:.......c-sc08. 
Assessor and Collector of Water Rates... 


Woe Sie oe Ae) ae a. 6 (eee) a 


Od, © CLO UG vee Sik. e Se Bw 


ne eee Cee eke aw) ee ela Cw 


i 2) owe) eee 6 ae see 


Superintendent of Fire and Police Telegraph.............. 


ESN, halen ea oats ats bce ela las o's 
CTE I UIGCICES . oss spe astg bk we cee ws 
NEE CUTIE UO ites, Mush tieiake tg PR -w as Oe 


Fol, & 6a w « SS SS etre wm 


ae 6S. U Waeee ls kh Sree Rh ee 


VLey ee MR ere we, wt 6s. mae 


(5) Commissioners on Charitable Institutions.............. 


SPL AISLYACE MN SSCSSOPS os so lcs ce ce es 


pe eOOTIIINISSIONGY: ©. ae ce als e-toc wv a es 
Seema raKTIISITI TEE LOTIONS vnc « So cee sted ed oa we 


mtr OUIIMISSIONGT 0). sis cn ce cos he hws 
Harbor and Wharf Commissioner ........ 


Pa CITINUITESIOLLOL © oa sie bo oe pesca ses te 
Gas Commissioner, when......... ASS Pan ., 


Mme iiieVACANCieCs,- WHEN! so. ou Soe oe 


Suet Ol fire WDepartment. .. .o.6.. ete es 
PLE CsOTOTISSIONCL» cece s wie a wea osteo 08 
(2) Members of Board of Health......... 
Superintendent of City Hospital......... 
Superintendent of Female Hospital....... 


Superintendent of Insane Asylum......... 


Superintendent of Quarantine............ 


[For ENUMERATION OF OFFICERS APPOINTED 
PROVISIONS OF ORDINANCES—See Index 
under “Mayor.” | 


Oss be wis es 6 Ce em O 


eo 6) 0 i as BTS 6 Ww @) 8) 68 6 2 


SBS aed AS Oe OR Da a Pat de mC 


PN ee Cura We CCC tal ee a 


met WET) Tea) SCORY at gC eat ltr te Pat sei 


CS £68) CORO Srey © sles ere 


We © 0" ew) SO eB 0 Odie a ob. 6 


oc SYS eS) os) fe ano. (h Oe: Ae e. © 


ole 6 sth, 6) 6! 0118) #0) 6) o <. a © 


CLs A Ce A te, OO Oe ela ete ee 


wis he 6 te <0, 0 sie e © 6) wt ei 68S 


oe alleles) aloe). oF & bi Ne ete, a eS 


SPel ia Ue Lense) 6) 6 im) Bier & ale. 


may weerre! “e wile ele @ fel a's) We 


BY Mayor UNDER 
to Revised Code 


[For OFFICERS APPOINTED By MAyYoR UNDER STATUTES—See 


Index to State Laws for St. Louis, under 


[ANNOTATIONS. ] 


“Mayor.” | 


not void, ordinance requiring qualifications greater than 


UL Sig PG See eae om 


APPROPRIATIONS— 
powers of assembly to make (clause 1)... 
DUE ON DTOCCCUE: . . . 6 6.<.. m a.vo s » vite YON 
for charitable purposes forbidden ........ 
to be in conformity with constitution..... 
limitations of appropriations............ 


gre, va tera away ever e eC <) ape ¢ 


a? OC eee ee ee ee 


WSL 6550. Ble ws 6. © ea, ot Oo Ae 


© tee Gs Be eee, 6 8 le ters 8 ee 


Sorc eos te. 6 Re OP yee Sew 


o) WAS 6 eee elare lee © 4.8 6. © 


ole Jeh's 6 ea ere dae) a an pe) a ee 


payments on, not to exceed unexpended balance............ 
ordinances involving expenditures to be indorsed by comp- 


RUS OR Lc 19 Wh eva i a A oe vet aie ory. eta aie 
of money, can only be by ordinance....... 


Oo BS elec 6 eo 6 w 018 ae 6168 


OS cer OFe eA WL 6 16l's. 6 © 1) w 


to pay damages in condemnation proceedings............... 


a TER LE A: ge a a oe ar ors 
RETIN Res Gy le eww tas ae en ee 


oe Un et ae SO Ree) D0) el ae oF 


SG e See (ees EC OE Be Ss ere 


for improvement and maintenance of parks................ 


annual, for payment of bonds and interest 


PAGE. 


348 
348 
349 


320 
32] 
343 
370 
370 
370 


370 
o71 
093 
408 
423 
431 
450 


ART. 


III 


IV 
IV 
IV 
IV 
IV 
IV 


XII 
XIT 
XIT 
UE 
XII 
XII 


465 


SEC, 


bo 
oO 


Oot OT ON DD eH Rw OO OT RE OW DD Wt OC WW OTN OD ND DS DO DS DO DS bo 


466 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


[ ANNOTATIONS: ] 


for public work must be specific, etc., applies to what... 


contracts in sexGeSS7vOLAeiey cee ar ee ee eee 


ARCHITECTS— 


[ANNOTATIONS. ] 
power. togicense 2" -s.. 8 Se eee 


AREA RULE— 


in special taxation, when 


[ ANNOTATIONS. ] 
validity of, upheld 


6 8) Ae 8) Oe @) 6 a oe a) ee a ee ee. 6) 6 Sy, Le) .@, of ca et weer (6h ote) Sane 


ARTISTS— 


power to tax, license and regulate (clause 5) 


ew, el By a) te) Le ce ene 8.) hem 


ASHES— 


power to direct the safe deposit of (clause 12) 


ASSEMBLY— 


See Council; House of Delegates; Municipal Assembly. 


ASSEMBLAGE— 


disorderly, may be restrained and prevented (clause 9).. 


ASSESSMENT OF PROPERTY— 


See Board of Assessors; Board of Equalization; President of 
Board of Assessors. 
powers as to for state purposes same as St. Louis County 
Court (Glause’ 13) 20 er Goss cc ee ee ee 
to be in accordance with general state laws..... HR Speer aac al PEA 
to be made ‘by. board “oltassessors. . eee ee re 
municipal assembly to establish assessment districts........ 
public notice to be given of completion of Same............ 
duty of recorder of deeds in reference to conveyances...... 
changes in ownership of real estate to be noetd on assess- 
ment. plats ee Sa ee a, ere ee ie ee ee eee ee 
expenses ofassessment, how paid’. iavvs ae. 2. eee ee 
correction of; by board ‘OL equalization... 2.2 ee ee 
assessment books when corrected to be copied.............. 
abstract of same sto:be-madete: 2gonce eee ee ee ee 
copy.of abstract: to*besent, toi mayor, wien. scree. tee eee. 
copy. of .-abstract::to, be sent«to_ statesauditor,.... 4404 
state, school and city tax-bills, how prepared............... 
tax-bills and assessment books to be delivered to comp- 
Croller rics aie wee ow ee Ae ce eee a a ee 
comptroller to stamp bills and deliver to collector.......... 
form: of receipt: to. be taken irom collecitore.. <7. ..5 
receipt for state taxes to be sent to state auditor.......... 
ordinance fixing percentage of taxes required annually.... 
comptroller smayrcorrect; manifest. errorseil.. es oe 
of “school: taxes hows made =.) 2440 eee eee 


[ANNOTATIONS. ] 
effect: of AaSsessMent icc oi5. 5 ccs en ete eee ie ee ee 
assessment return cannot be raised without notice...... 
ApDeal« FLOM aves lake osha ocean oe a ete Ree oe Oe ee ene 
valid; essential to specialstaxaplllsa. 2 eee 


ASSESSMENTS FOR LOCAL IMPROVEMENTS— 


See Special Taxation; Special Tax Bills. 


C0. 8 ee) ea 6 (ee Sip pore) wow 6) Ore er 66) a eee ees se 


ART. 


VI 
ava 
VI 
VI 
VI 


III 


III 


ELT 


dddddiq <ddedds 44d<d5 


rm 
— 
— 
— 


SEC, 


14 
18 
20 
21 
22 


26 


26 


26 


23 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 2 


Index to Ordinances at end of Rev. Code. 


ASSESSOR AND COLLECTOR OF WATER RATES— 
ee Cee TCA tT COLE. WY: ITLL Y Obs. ns Po aes cera aki yi ieee 


Ree te ST COULEL «6 wk ec leeohs oe ee ee he ee ee Sci ee 
ROLtir One Claes. (OTT VY GATR a's %. x5 oS oa eel OLE ee os 
Dre. appointment to be for twa- years, .2.e% tae en ee ce ee 
SRR niake rannual TeNports» LOMIMaAYOF oo nea. iw a Sees ee 
shall notify proprietors of buildings, when................ 
Rarer he MIN ASR IREAT Lie cy ce cha ays ee Piel Si eee ne anh ee inate tae 


shall receive a fixed salary not to exceed $3,000 per annum... 
EEL) eV rit ee POU OO. coc ce wan i ele lw ohn, Ges le i Pinder 
Sire ee revi er Colleerrona Cally 45S PC ae ee eee ee a's 
shall furnish comptroller with monthly statement of col- 

iPeleie Catt. 5 eh te Ns Ii cee ae Ma fe OME oT be Im eg a Ne AP tier Ser 


[ANNOTATIONS. ] 
etlary, term. of office, holding over, bond..,.:..:......... 


ASSESSORS— 
See Assessment of Property; Board of Assessors; District 
Assessors. 


ASSESSING DISTRICTS— 
See Benefit Districts. 


ASSIGNMENT— 
special tax-bills may be assigned, formality required...... 
De VuIcieeDLespeCial-tAX-DILIS «. o 3. ck gee eee toate oils ote: 


[ANNOTATIONS. ] 
ces Top TER EON Fe at aE Bee ie eae at rig ree A adh CNR Alea Sa ane 
Preconiracwuss0r waeed sity, CiL vy: CONLPAC tS 20cd oe. eon se 


LTD hy SA ee te ee ie ee es et Ne eat ak ey eee 


ASSISTANTS— 
SSCL STEN TSW L 0) de, cept tna no, ea A na ara UI ea eae gore Ey Ee Gen MR 


[ANNOTATIONS. ] 
PLC ETH RW INO: APR ae Pinot Pc ck bone. uk eee o ale ae ee es 
Petree OMIMISSiOner, VOLE) Dis oi.c< nalcu oe ete cleo ererce ee 


ATTACHMENT— 
against non-resident authorized in suit on special tax-bill.. 


ATTORNE Y— 
See City Attorney; City Counselor. 


AUDITOR— 

to deduct forfeitures from pay of members of assembly, 

ORT Mn en Pek REE lee Si ON a ac gidbd rates wigin ent beta ery the. or aera 
EO LOO LOTSTOUT .VGATS £050 silo » ccdislale stains ea cea 
Somerrenerar ACCOUNLANG Of, CILY... ac.c2 <lied mace mae Sew ee es x 
to keep in office books, vouchers, etc., relating to public 

SEAL IETS ros Soe cy cis oe ke ce EY SOE ae Oe ebe atk He 
meaaonr couple entry book-keeping. oo. 2.2 be ec heen cea n ean 
to examine, adjust and audit all unsettled accounts and de- 

TIRIMIGLAOUITISLSCIL Yes cf izle Sed Oe ee Ee SA a SS As 
to draw warrants on treasurer in payment thereof.......... 
PeeereLe OUiieter, OALDS 52 s.ied.t sas bok HO RGR aT eee es 
may require accounts to be verified by affidavit............ 
Loveive. bond in not less than $100,000.........sc iss desies 
to audit bills when presented in proper form.............. 


345 
429 
348 
345 
345 
364 
428 
429 
429 


429 
429 
429 


429 
429 
429 


429 


311 
344 
354 


354 
304 


354 
354 
354 
3504 
354 
354 


IV 
VII 
IV 
IV 
IV 
IV 
VII 
VII 
VII 


VII 
VII 
Vil 


VII 
VII 
VII 


VI 
VI 


IV 
IV 


a‘a 


III 
IV 
IV 


IV 
IV 


IV 
IV 
IV 
IV 
IV 
IV 


467 


25-256. 


wean 


© CO 0O “1-1 -~1 09 bo 


10 


26 
26 


14 
43 


25 


468 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


AUDITOR—Continued. 
shall be responsible for all acts of employes............... 
TEDOTU OL se OS acs coe acs, oe ee ee eens We cee are eos ee 
no warrant to be issued in excess of credits................ 
no claim to be paid withoutcapprovalsole. soy - ose eee 
settlements. of officers -to. be’ certifiedy ys. 2...5. 01. sos. eee 
to allow accounts with approval of mayor, when............ 
duty of county auditor in reference to O’Fallon Park bonds. 


AUCTIONEERS— 


power to license, tax and regulate (clause 5)............... 


AVOCATIONS— 
power to license, tax and regulate all kinds of (clause 5).... 
B 
BANKS— 


to be selected annually for current deposits................ 


BANKS AND BANKERS— 
power to license, tax and regulate same (clause 5).......... 


BAWDY HOUSES- 
power to suppress (GlAUSE 5 ).a ee ee ei es ee ons 


BEEF— 
may-rezulatéesinspeclion (clause Ves. eee ee ee ee 
BEER— 


may resziulatesinspection.08 ( clawee soe ce sp ee eee ee 


BEER HOUSES— 
power to license, tax and regulate same (clause 5)......... 


BENEFITS— 
how assessed in cases of public improvements.............. 
by whom) paid"in-case:ob opening alleys. ku. eee 
to .be a. lien vazainst Property faavo te fate oot -are e eere eee 
in condemnation proceedings, set off against damages...... 


[ANNOTATIONS. ] 


special taxation for, distinguished from condemnation... 
in-streetopening Cases e3 es, ale ee eee Bere 


in .Change OL srade; ines bose Gok eae ee ne ee 


BENEFIT DISTRICTS— 
“in Strecliand- alley Openings iis cca ae eee ae ae os 
for special taxation Anow Vesta lis et em. eee eerie 


[ ANNOTATIONS. | 


BENZINE— 
may regulate inspection of (clause 7)........ We ations ghana S 
BEQUESTS— 
City, May TECELVE,” CCCs oy. vis Su ee A ee ce eee ee ee 
administration of Mullanphy bequest... eee ee ee eed e eee eee 


BLS 


See Board of Public Improvements; Contracts; Public Print- 


ing; Public Work. 
for: supplies "how: A Warded 5 ww. s atakce iene re oe 
having alterations or erasures upon them to be rejected..... 
for public: Work.s. saiis Stns eee ce ae ee ee ee 
for public printing gee eas ee eae ee iene 


IIt 


iil 


III 


iil 


VI 
VI 
VI 
VI 


VI 
VI 


bo 
bo 


26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


[ANNOTATIONS. ] 
PLC, DUOC Work On lOWESELA nal. ansieeene eae ak 


BILLIARD TABLES— 
power to license, tax and regulate (clause 5).............. 


BILLS— 
See Ordinances; Committee. 


BIRTHS— 
Hower.co enlorce reristration of (clause 5). og. meee és aust etes 
health commissioner to provide for registration of.......... 


BLANKS— 
SISeUR ELE a DEO LATE ILOUL cites. ac: oo cee aoe, Octet ea ee fae ok 


BLOCKS— 
Subdivision o1;7to conform to general plan. .22),..2.0....0 2. 


BOARDING HOUSES— 
power to license, tax and regulate same (clause 5)......... 


BOARD OF ASSESSORS— 
See Assessment of Property. 
Peet aE ONL See MET ces. oa Feta bs, Ray a ted eee nS RE Oe ee en 
Pee eRRee LPT) RCO TICR Los (goes: oop cos lav wc Ree 2 re cn te a eee 


one assessor for each district to be appointed by mayor... 


Frere ALCL SULLULLOG. = ois. Faiths ace dive dm & cucletd 6s choos eee 
eenriierie Oral pe CleCted . . 47's pao o's asteleseee stare CA ee ae 
PPrCiae Grn emOL? ASSCSSOT Gice 5s) ns wie Satan snd TUE eee 
IEW MOISE 1SUTICLY ASSCSSOTS wks o.5)5 a: 10d 56 eee ue ee ae eat 
when they shall commence assessment.................... 
Re ures ter eevee led NY: ALLIGAVIL. ccs wietsve We cree ee A es 
Pra PAULOUG- Ol SSCSSOUS.. ais. 5. cfvute t-ae-« dl amtasbneriic ie atta iter 
onivao. presiaent.of board..of assessors /u.ccc7.. dale doe ed une iF 
PeeeeairienesuuOKs, -DOWsiIlNadG: UP. 2. tick et areca aero 
Bee ee eeteeeNaiiell b. DOW. DALU: crrols wis.y wierera anes ew ae ape eee 
Peecesinenvioo: DOaTd. Of 6dualization 2 tte. ees sheets! ® 


BOARD OF EDUCATION— 
See Public Schools. 


BOARD OF EQUALIZATION— 
See Assessment of Property. 
OME MAT) LA RABLISCLA Sarg cg oe andl Soe tec As pea ea ae vege Lee ey A aa betes rae 
RURPOMEBTLISTLORII CSL LM Ce Sse. Al ead, CaS ae ce lh aay gage? be oth ore Se ec aie 
MERE CAC Cie IIE AC Woo Se ad cle wah A eee ec ee 
Sera MeeTs MENA RATER SO) Lee ae ns ah io ik weigh, Forme SEEM Raghioas ChE Ne ea te IS 
seesion not tovexceed four ~weekS.. ...:64 sg imes «Su eis oh ee eee 
to determine all appeals in Summary manner.............. 
shall notify owners of increase of assessments.............. 
SEGrTEy mLOe CONSE LMILG  CUOTTIIN v.04 ccs baec erp see eee rtia Bat eels 
Prue ient OleoOL. MeMlers: OL. DOATC: 4 '.. ates, p< sai sy win Hie eles 
fad vmcoTmpe: Attendance: Of. “WITNESSES .i0.2 > cis cep Ss adage a et ae es 
Pet CE TTT DATS OF “DOAIG pie vials nae sorte oe i a) Fake che ialca 
eR et ETE CCE L118 oe oN 5 asian dca 2 05 v) w esoch Sees ak ok aa acetate 


[ANNOTATIONS. ] 
appeals to, necessary to correct assessment.............. 
nature of proceedings and jurisdiction................... 
romiewearsactions- Of, by: Cerciorariy yas oi tn sue few eee eee 


BOARD OF HEALTH— 
See Health Department. 
may declare use of water from water-works necessary, when 
INNATE SNS ACL Rees Fre rae son on- se dard, ORI ee ee eke boat wie el 2 
health commissioner to be a member oOf.............0ecee0. 


PAGE. 


422 


330 


330 
444 


374 
374 
374 
o74 
374 
O74 
374 
374 
374 
374 
374 
374 


374 
374 
374 


428 
443 
443 


ART. 


III 


Sdddsddddddd< 


dddddddddd<ec 


VII 
XII 
XII 


469 


SEC. 


24 
24 
24 
24 
24 
24 
24 
24 
24 
24 
24 


25 


ae 


mwH 


470 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
fides to State Laws for St. Louis, pp. 225-256. 


commissioner to preside in absence of mayor.............. 
board: to. meet: twiceta "week. yi. ae see te ee er ee 
special meeting may be convened, when.................+- 
three members of board constitute a quorum............... 
to approve employes orcdépartment +. eee ee 
to approve rules and regulations of health department...... 
appointment,.of) employes a. scm eee eee Ae cer eters 
superintendents of hospitals, appointed by mayor and ap- 
proved .by .boaTrda Sol) Dealt... ee ee ee ee 
abatement ..ofenuisances <6 see. wee ae ne ere 
record. OF Proceeds ss... sate ee nee ete ee ee 
clerk: Of D0ard ssw oe he ee ee ae ae 
[ ANNOTATIONS. | 
members -Of Not, State OLncers 5 oo. rane eet ees eee 
FUN CCIONS OL es iiite stata eee cecierc.c sues 5 eye ne ee eee oe CeCe? 


BOARD OF POLICE COMMISSIONERS— 
See Police. 
books; etc.,..01; to be OpenstomnspectiOn ait eee 
city counselor and attorney to furnish legal advice to.. 
board forbidden to employ other counsel at city’s expense 
expenses of police force to be paid out of treasury...... 
claims, "how cauditeds....> 0. ec eee ene eee ee ee 


[ ANNOTATIONS. ] 
are: state NOU CITY <OLAGErS oe ee a ee ee 
salaries “how paid, Cte aie... it eae, ee. et eee er 


BOARD OF PUBLIC IMPROVEMENTS— 

See Street, Sewer, Water, Harbor and Wharf and Park Com- 
missioners; President of Board of Public Improve- 
ments; Public Works. 

to be composed of five commissioners and president..... 

commissioners to be appointed by mayor.............. 

ADPTOVERM DY. COUNCIL, Pi ae ee oe ee eee 

toL MEGS ONCE Cache Week yop ete ces cette fore, ee ee 

shall furnish information to mayor and municipal assem- 

bly -aS: toy; DuUDHGcWOrK 2k cee ee 
majority of poard necessary. tom quoruny 232.2 ee 
final action on matters belonging to special departments. 
commissioners to be heads of departments............ 
president of, to preside, at. meetings) 75s esa sees 
president to have charge of certain improvements...... 
president to have supervision over departments of other 

COMMISSIONETS 3) ae 7 reves ceee ne ue ee et ete ee eer 
president shall authenticate all special tax-bills........ 
ordinances for improvement of streets, etc., to originate 

with: presidents 7 yee cea eee ee een eee nes 
additional td utiles. 22 tir ck ah ee ee ee oe eee 
assistants<and) Cmplovess cin... «© cases ate nae Penne, 
president and chief of every department to report annu- 

ally -tOsIMavOTlo yas) eee i ee eee nt eee ee 
books, papers, etc., of their offices to be open for inspec- 

tion; “When. oe 3 a Picccaae 5 eee owe ae oe eee 

TePOrt Of“ DOATC t eiie scales! onset a cee eee tee ee 

all plats of subdivision of property to be submitted to... 

board to endorse same, if in accordance with law....... 
to recommend ordinances for establishment of boule- 

Vardsss WOGUsh... vow ane shes dae seein» eect eon en a ene eee 
to recommend ordinances for street openings, when.... 
shall prescribe regulations for water and gas pipe connec- 

tHONS > i ei Le RU Ee AS ees Be Re ies ee renee 
ordinances for improvement to be sent to assembly by.. 


PAGE. 
4435 
443 
443 
443 
444 
444 
444 


444 
445 
447 
447 


443 
443 


445 


459 
459 
459 
459 
459 


362 
459 


ART. 


XII 
XII 
XII 
XII 
XII 
XII 
XII 


XII 
XII 
DG EI 
XII 


XVI 
XVI 
XVI 
XVI 
XVI 


IV 
IV 
IV 
IV 


IV 
IV 
IV 
IV 
IV 
IV 


IV 
IV 
VI 
VI 
IV 
IV 


IV 


IV 
IV 
VI 
VI 


VI 
VI 


bv E 
VI 


DM 
= 


COW OOD Db hh. 


14 
14 


14 
15 
15 
16 
16 


v 


14 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


day for public meeting to be designated to consider im- 
Bre TOUGLLGR. oS balers 6 kata 2 ee eee ee oe eee 
notice, contents and time of publication............... 
remonstrance against improvement, time of filing....... 
BOLE DOME COTO ws cos ee Oe ee ae 


majority vote of board sufficient in absence of remon- 

ogee he bs oe sae NE aan SRE Dod eee Mace. Anny Ba We Need 
Husrurites andekeen: I sTeDail: ork Awe oo Lee ere ee 
Spertia macau LOY 1m provements, a. ss eee 
retiise mreocOnusurucuon and ‘‘repaving’ 2-64.20... ¢ 
partial improvements by reconstruction and repaving... 
contracts torsimprovement of: sidewalks, : 2 i42%0 22... 
Culver ange parlial eradine of streetsee. 1... 2 te oe. 
special taxation for improvement of alleys............. 

Bre OLCII GUL sc srs SR Coals Lat a os Seed BRN Ok ee ee 
recuipitesoL ii provement, ordinance’. | 3..45.u woe le 
may specify term of years for which work shall be main- 

Bek SIEGES ear OEE ee Ps «Soa tgces nee en ee 


streets,-etc., to be established or dedicated prior to im- 
PP a VTC Rr eee Pied creer ss ois tel alate Voces Sores ee ree ee eee 
shall recommend ordinances for repairing and cleaning of 
BeeCeLseauu aitsnublic- WOrk.. 72 on. cae eee 
sewer, public, district, joint district and private, defined. 
SCT Y One GET hy Ca a RS pte a eR RE arcane ge Ale a Pe a 


Breer aL CEP ENE ogc adc hes Saow ye el wee eos weak De beers See 


president of, to make out all special tax-bills.......... 
emergency work and repairs requiring prompt attention. 
shall submit to assembly estimates of cost of work...... 
ete VOreine 21 OY. W108 ids tose, 8 eta eel ea Oe ca ele ak ee oe 
shall award contract to lowest responsible bidder...... 
Securicy On CONLTACCOIS, DON ..y. 2%. 6-<.¢-« ee St ae ate 
Mmavesnepend. work on-contracts, when: ......<.. o....> 
special provision to be embraced in contract............ 
shall examine complaints of citizens against contractors. 
iow eee ANC FODOnt. Ol) “WOOP. as ccdecue en Wacker wiv neleree 
cost of examination to be borne by contractor, when..... 
mares respecting street sprinkling ....7:.4; sees ree ans we ches 
ordinance for sale or lease of public parks to be recom- 


TCE) CCT Met PR ns ena 5 Jo ei le cde aad Mas cite Mae Cee tate he 
president of, shall ascertain cost of abatement of nuisances 


Ponteacie torabatement. of nuisances... ...45.3%. et bie cba ees 


[ANNOTATIONS. ] 
Eee ESRC CO 1GL, VOLTS: At, bo.rae be, «oats. wsiten ae med een eet: 
record of, when admissible as evidence.............. 


effect of remonstrance by property owners against street 
ERPS OTIOMLS ese ho ud ats Olan a ee meaner es oe Ran Rs 


regularity and integrity of action presumed.......... 


Serving imiaLterial for street PAVING Cxasce we mista bet” 


must recommend all ordinances for public work...... 


ordinance for what sewer work to originate with...... 
letting out public work to lowest bidder............. 


PAGE. 
395 
395 
395 
395 
395 
395 


395 
395 
395 
396 
396 
396 
396 
396 
397 
401 


401 
401 
421 
423 


472 


INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


| inaes to Ordinances at end of Rev. Code. 


Index to State Laws for St. Louis, pp. 225-256. 
BOARD OF WATER COMMISSIONERS— 


See Water Works. 

to turn over property to water commissioner.......... 
term of, CoO Cease, WhGNt cas 2 oaks Eee en tn ee 
term of their appointees to cease, when............... 


BOATS— 


See Wharf Boat. 


BOILERS— 


See Steam Boilers. 
may remove or prevent construction of (clause 12)...... 


BONDS— 


city has power to borrow money by issue and sale of 


Claris 1) Gs once are ee he w  a oer waa aa es ee alates eae 
of city; may be issued for what purposes......% s2..-682.5.- 
vote, of people to authorize: 1Ssue Ol ae oe ae eee 
refundine-oOrerenewal DONS ie ee ee 
how; payable BiG 1. oe kihoe el res eee 
power conferred cumulative 
AUGPTOVALA Of Seater bate o heseteee betes rane Pes aes Cae ee eee eee 
OF COMPLTOMGERA. © oso Sea eek ee etree tens coca tc nee re 
OL AUGTEOM icc? Ha ob icele te cerns te has es ee on ae oa eee 
OL TYCRSITE? Gren yh hake ce oe ee eee ee 


Dot wile) 6 Sie. eis be 1e.18 


el.) @ S10) e) 6) 0) Sw eee, @h4 es sale r (6 be te, 6 ene 2 1a5e) 0.8 


Of, GOLLECCOT Be a are eae ee ree 


OF MuUnIC Pal OMIGETS.s Soe ae See ee eee ek ee ee 
of officer, when not given within prescribed time.......... 
Suit, may De anstituted (On DONdS,- WitGn ye «een eee ee 
of president of board of assessors and district assessors.... 
Of deputy + COMeClOrs se ake se weirs ce eee ee ee 
of contractors for public work 
sureties on contractors’ bonds 


Cae hae el ee ae es ee CM ee a te RY Cy Mt ey yal far var Bice yy ey ot 
O46 ‘S ¢. 0, s2 1s © © 0 8) wre « sb eus ue 6 © @ 5) 0 Ke & 6 
fe We (ee 8 6 6 Re Oye ae 2) eB) Bie, ce 816 8 6 ee 9) ©)'s) Sy 8 ae 8. 


of water works, providing fund for payment of 
of -harbor*and *whart/Gommissioner: ses 3. Ce ee 
for street railroads to insure compliance with law, required. 
health commissioner 


2 OU) CS, OS) pw els) fel fe ee) oe 916 9 eb 6. Sen a me) A ew) ehialel is, fella 


ore 8: wie Wad ee er lavie’ ene) a6) & 16s 


[ ANNOTATIONS. } 
for free bridge, etc., sustained 
power of city to issue 
intaid' of World's Mairzcas ee sae ee ue pak ee ee ee ee 
compelling iapproval-by -mandanius.. 0-2 .sey ee eee 
compelling payment of city bonds by mandamus 
of contractors for public work 


5.6 JCP Ce ie ee She 6) ene la) ph elie lie) @ 6 6: abieliete le ae 


@ 8) 9S 38. & So Ha ee (o> oer be: fe es a aera! by ais) oh 0m Jahn) Le 


contracts bonds 


Be GO RB) CSS 18 5658s. 0) Tele Oe Le rive’ (a) 616.6. ale Dehiei el ake een & 


BONDED INDEBTEDNESS— 


See Indebtedness. 


BONE FACTORY— 


not to be opened within 300 feet of any dwelling 


<7 .9) 920) 8 6) & ele) (alters 


BOOKS— 


to be open to inspection 


219.2) 2 6s, 18. we) Spies) 818. fell we level eile cené ) afie) & le) 6) wos eo) ewe. 


BORROW MONEY— 


City sMay “CClda USGs 1s) eer oe ee ee ee 
note for, limited to 12 months (clause 1) 


Sel |e oe) en¢) © we we. 


= ¢ v8 6 76 e we We se Bes s « 


BOULEVARDS— 


how established and maintained 
how discontinued 


D6) BL se WW 0, dom (Ue (6 Ue 6nte tae 0 6! Shs Ch ae rane 
*) Ose eet se 66) e 9 18) ©) 8) oe wish aes. wee es 10) 


oO © ©: 0) © S16 6 6 oe 6 0 6 « % 6 8 (@ F Se 6. = ss 6 Sas 


OC 620: 8 18.58 1g aS. Slate) es 60) 8 elle sy paie, @ 618 


power of city to protect laborers and material-men in city 


moo 09 09 00 09 
Dw DMwW bw 
Pow Ndt 


He 
Ol 
Ol 


ART. 


VII 
VII 
VII 


III 


Ill 
II] 
III 
IT] 
III 
III 


ITI 


IV 


Ill 
hig 3 


VI 
VI 
VI 


26 


et het 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


| Hex to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225.256. 


[ANNOTATIONS. ] PAGE. 
SrrUmieen Saline. WUENGVOIG chido cele um bedidteia en a eee 385 
Pee ere ELC METALL ef yieiat co lain c's eats ay eta ule Cea west a ee 404 
BOUNDARIES— 
See Corporate Boundaries; Ward Boundaries. 
WEGMe tp SD ee Pa ruaat) ALS dee ae ce ee hc ee og ee week Mins eRe aa Plone 295 
DOTERILT AN LOR OSCR an Pa wt greeh a's 4 olsen ale.a yw RVe-8 hues GR eels hk 296-3038 
BO EPeCUIUMIOUL War, GVELY Ue VOALSe : cio ccrd bw silo kwle race at¥iore es 303 
MOTMANENL CLUISLOMe lines yn. hac cle och ale /e 2 tell Set ek, Baa ae Sing 303 


[ ANNOTATIONS. ] 


“291 
Tie Peter U Lei Ti Se ell YS vce Kies clea tek Soke ee sl eo oes a 296 
368 
Devine Ore weitere COUCCEINIMNS Coton gnc dictuee ak ew Gyew ae 296 
changed, ordinances apply to new. territory.............. 296 
BRANDY— 
Seer Pee TIS DCELLON, Oli CLAUSG (Jie he cie's ao Wa Seace cee whe 334 
BREAD— 
may regulate weight and quality of (clause 7)............. 334 
BRICK KILN— 
not to be located within 300 feet of dwelling except by con- 
Ser gee eee tee eens het Sane eke ee eis bee Oa Aer 343 
BRIDGES— 
power to construct, repair and regulate (clause 2)........ = ype 
here rete g OR ate inet gr dike hc ea UD OF ios ge a ee ne een eS Dee ie Se aes oO 320 
[ ANNOTATIONS. ] 
( 294 
free bridge across Mississippi River.................... J oa 
| 382 
BROKERS— 
power to license, tax and regulate same (clause 5)......... 330 
BUGGIES— 
Peet es Olea SCLC. CC IAI SE: Th) cade ove lccale se, 5-818 © & or ALi OL dae Se earee 330 
BUILDINGS— 
See City Hall; Municipal Buildings. 
power of city to issue bonds for public (clause 1).......... 320 
power to order removal of same at owner’s expense........ oot 
BAe REIS SLOP UCCTEINOVER : 2.00 =< sia aconsteey a clade Sete ae ates ooh 337 
may provide for inspection and measurement of............ Sat 
BOWE Telus ler: a0 oth CXAMING Cis oye witaesa-skere 4 tee Wal we oot 
may provide for safe construction, inspection and repair of 

PATA REC kr) Ch a ters ea Nh, vad eee eieieat a ee reead A ah ona ae oot 
power to regulate construction of partition and fire walls, 

PCL CLELTIM EES 9) Nery ou ete oe ones eee Ae tnt ae ea alee eras nL 
power to prohibit erection of wooden buildings within pre- 

BOP Dermal toe ( CLAUSE: Lo). s te ee ork rte ee eee erate at diced By 
may compel owners to have scuttles on roof (clause 12).... of 
power to enact stringent laws to guard against fire in public 

BSS DEEeOCETINL VILER LCLLEL ES ree ok = oem Bee re eee eee ER ee vintala ay Bo 339 
Peto ne tt) TTBS DULCE Bs ate cad ank Boks ees, sick sk a acm 442 

[ ANNOTATIONS. ] 
inspection of, transferred to Building Commissioner..... 442 
inspection of, when in course of construction............ 442 
BURIAL CERTIFICATES— 
imei oN ee eine 1) TELCTencerlO.. . 7 shi. ve aes ea a. ss 446 
Bien AMNUOTEARers Ill TELETONCS LO}. sob eet Su einawie e's as os 447 
Setrnicy. fOr Tallurea tO TepOTi~dealpbas oi .m. eae x gos yt Ko wwe 447 
MerrmetevEtoreqirin! Without COTLIUCRIE. J. gens) oe ose eK ae 5 447 
Heoaitvetor failure to report interments......%.. 2.2.6... 54 447 


ART. 


= eS RS 


III 


III 


Ill 


III 
III 


CBE 


III 


II] 
IIl 
III 
III 
III 


SEC. 


Hm He CO DS 


26 


9 6 


474 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


BURIAL OF DEAD— 
city May purchase or hold- property. Loris. 6) eee 


BURIAL GROUNDS— 
See Graveyards. 


BUSINESS— 
power to license, tax and regulate all kinds of ‘clause 5).. 
may prevent when dangerous or detrimental to public health 
(CLAUSC, Bs SSR olee mae errr ee ta Peal Se ae se ee 


BUTTER— 
may’ regulate; inspection sot (Celause <7) -. one ele ee 
may restrain and punish tne forestalling of (clause 7).... 


BY-LAWS— 
See Ordinances. 


(c. 


CABLES— 
See Electric Wire, Tubes and Cables. 


CANDLES— 
may prevent use of in stables, shops and other places 


(ClauSenlZ) Vi. o-5 eee hoe ee Le ee ee ee ae 


CARONDELET PARK— 
repeal. Of “special tact... - i. s cto conte nny Pe oe ene eee ee eee 


CARRIAGES— 
power to license, tax and regulate (clause 5).............. 
CARS— 
of street railroads power to license, tax and _ regulate 
(clause)5 ee ee ee ee ree ese uta te aan er eee 
CARTS— 


power to license, tax and regulate (clause 5).............. 


CATTLE— 
may regulate or prohibit running at large (clause 9)...... 


CATTLE AND HORSE DEALERS— 
power to license and regulate (clause 5)................... 


CEMETERIES— 
See Graveyards. 


CENSUS— 
of inhabitants may be provided for (clause 14)........... 


CERTIFICATES— 
See Burial Certificates. 
relating to revenue to be issued by register................ 


CHANGE OF GRADE— 
See Grading. 


CHARCOAL— 
may regulate inspection and weighing of (clause 7)....... 


CHARITABLE BEQUEST— 
cityamay takesand, CxXeCULeie nan ha. dae ean hee 


CHARITABLE INSTITUTIONS— 
See Commissioners on Charitable Institutions; House of 


Refuge. 


PAGE, 


ART. 


pT 
Ill 


Ii! 
III 


TEE 


Whe 


III 


III 


III 


ITI 


Ii! 


ES 


III 


SEC. 


26 
26 


26 
26 


26 


26 


ou 


26 


wens 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


CHARITY— 


PAGE. 
See Hospitals; Poor House; Etc. 
appropriations for, forbidden, when—See Gifts. 
CHARTER— 
adoption, effect on ordinances, contracts, etc.............. 453 
Mea uOne el. cto reinain “in iLOrCeyc os oak oak bee ee: 453 
Wavor.oo promulratasin, pampniet form Jo. ee pees shes ae 453 
amendments to be submitted separately to people......... 461 
[ANNOTATIONS. ] 
PeVerAaL COnsiueEracions. respecting © Ci.0 ues eee wee 289-293 
BUODLION soe And. awhen-elfective..+ 451. cee. oh ee ea tas 289 
Sister Parae OUEIOT MOE. < 75\s 4 css cidtn Oe pare eee & NS 289-290 
BEA te DOWere RUGICCALEO S11 2 asi 5 ey Aedecniely Des Soe a 289 
PNB LIONs sin DOWEL. CONTEFred. DY. ca cece eee nes aw acs we 290 
must be in harmony with statutes and constitution....... 290 
UNCER PePTRC LACE POL rier e a: oie aw, eocie ge terete ete tele aeermeecal tg ates Sens 291 
Noweiar civureated as county, UNGErsain. eee eee ee 291-292 
318 
wie Omer CONStTUCLION: OL 9c... hae ee ee ee {3s 
315 
Aenamence Of. now) Cflected.. .. os <7 phere ee ee 461 
CHEESE— 
Miasareeiacesinspection. Of, (clause 7) . 0. cscs ee eens len 334 
CHICKEN COCK FIGHTING— ; 
power to suppress CCLAUSE, fy) 0 os, x releaete cls chen er meio Ete 22 300 
CHIEF OF FIRE DEPARTMENT— 
See Fire Department. 
CHIMNEYS— 
power to regulate construction of (clause 12)............. 337 
power to regulate cleaning of (clause 12).................. aL 
CHOLERA— 
reermcuons .as to ‘treatment of. patients... .6..24.s...cee, 343 
CIRCUSES— 
power to license, tax or suppress (clause 5)................ 330 
CITIZENS— 
Drei sours, exempt {rOM TOAG WOK. wa ius 5 .-cres seein eee alt 457 
[ANNOTATIONS. ] 
EPRICE ME TILE SU PDE cars oes sie eee hack Deh ureters Wloka Sen ee ee 349 
CITY— 
STRIP IGYT REAULIEOL pour tes Se Tak chine esi stati meat ee eee ae 294 
POLOUTaLemiIainos ANG) DOWETS 2.5 '. sexe ol ole Waele ob atin cates ake ate 294 
may purchase and hold property for certain purposes........ 294 
may sell, etc., or dispose of property for benefit of corpora- 
EEC eae ee cre ere be tae o> ae ae OS ee eerie cr 294 
Pie werecCorr raped Uests> Cll. 2.) eens cee ee eee aes ee 294 
Vee MES COIMIINOM: SGAl a. sts acs he teenth ne Sanat rs en ae 294 
nowoer-o: assembly. to Maintain Peace OL, Ac.. 0. eee ese be 33 
Peevey trade.and manufactures Ofiincc. «sie vee ee 338 
PMN ToOUnBe erent Or lease Properly... «cae wae lt Ceres 30 
when not liable for damage for taking building for improve- 
Rt EEO TIT O POSCU SLT OG i rivis 5 aio ie cate ceo arate yp enn hel o 380 
shall not. be lable on special tax-bills..... 5.61.22... 065 Pais 
fo be. at no expense for private S@WErs. i000. e ee eee 412 
shall be liable for real estate taken for water works....... 428 
retiree 2 Wy ARGOAE BCLOOL LALOR os in cy teheta enter e ot Khare co see 449 
Bement Ore LO COLECU SCHOO] tAXCG nc. al eaten ee we ee 449 
Soe OPC USTs GF ON Gea oa Se ee ay re en i ei he eo ure 453 
Maeieretnll Gxecite: appeal, DONG 5. s+ + 5 ces wie kb cee wins nie bles 454 


ART. 


XVI 
XVI 
XVI 
XVI 


II! 


1G 


III 
III 


475 


SEC. 


co Odo 


26 


476 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


| Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


a) 
bt 


He CO 
08 G2 GO BS bo =) BO LO 


PAGE. ART. SEC. 
citizens..of,exemptitrom road work. o.c6e 1 eee 457 XVI 
damage’ suits against ase oa eee ee ee ee ee 457 XVI 
judgments against city to be rendered against all other par- 
ties’ Liable sim. Sagas ease ck et ci eaten oe 457 XVI 
judgments to be first enforced against other defendants ...... 458 XVI 
lability of city 2limited 6 e248. see ee eee 458 XVI 
[ANNOTATIONS. ] 
1s’ NOU In “anyclass*OfClllert pet ete ee 289 
291 
is. politicdlsaub-divisionwot States..5.. ewes eee ie 369 
454 
how:-tar’ and ,when treated as a CcOUnLY- © oa. wee ee tie 
authority of, to purchase, hold or dispose of property.... 294 
corporate powers ol an serneral yas eee eee eee fs She 
may build and maintain free bridge, condemn property in 
LLIN O18 eg Fae re Raia ieee be ee eat cea cee 294 
may be testanientory trustees... lee: eo eo ene ane 295 
cannot confer monopoly franchise. .-2.. ©... oe) one ee oe be 
liability of, for damages—See Damages. 
power of, respecting taxation, discussed................ { a 
power of to open, widen, etc., streets and alleys—See 
Streets, Alleys, etc. 
power of, etc., to condemn for streets, parks and public 
uses—See Condemnation. 
power of, and liability of, respecting contracts—See 
Contracts. 
CITY ATTORNEY— 
shall -be-appointed Dy Mayors cc fee cee ee ee eee ae 345 IV 
first appointment .to "be for*lw0syears sas. ee este oe tei 345 IV 
term) TOUr WVEATS< ce6 paws Soe Oa ene ou eek ree nee ee ee 345 IV 
ADDFOVEAT DY. COUNGH og arc so cn sb ele eee te eee 348 1B 
to* be: subject to: control sof-city, counselor... .5 254 eee 358 IV 3 
shally maké annual reports * to. Mayors ey ee ee ae 364 IV 4 
to furnish legal advice to police commissioners............ 459 XVI 1 
CITY COUNSELOR— 
shall. be. appomted: . DY. sma yor se se ee ne ee eee 5345 IV 
term Of Office Tours Vears oo ace ete a in eee cette eee 345 IV 
first appointment ‘to be for AWo7yearsecn. co eee 345 IV 
approved DY 4 COUNCIE od We Rete yee oe ee is ees ee 348 IV 
duties:of insreference tol sults... en eee ieee ee 359 IV 3 
shall “be. chief law: officercoreLNexnGity, ec acters haere ace ee ee 359 IV 3 
shall advise either house of essembly or any committee when 
TOCA TCG Sees ei eee cale ial vm “bata tata aes te catia oa oe ee are eee 309 IV 3 
shall advise mayor, and through him all other officers...... 359 IV 3 
shall have a superintending control over business of city 
PUARA) sith eee Rhy ar eee et a eel sy Sty ox Speke wie NG Bod IV 
shall, aid -himein discharge cot duties. Wien aes aere eee 359 IV 
shall make ‘annual yeports-10: Mayor). + in. eee a ene 364 IV 
shall conduct proceedings for condemnation of property.... 385 ava 
form of peti tionissh eecee ye ores cia eee ates et ee ee eee 385 VI 
notice. to: defendants.2'.2 + <%...2 50s © eae ee es es es 388 VI 
proéess: to sbegservedaby > city -Mmarshnal . scence oe cc eeie  eee 388 VI 
notice: Dy PuUbliGationc® &ciei. ois Wkces Thelen eee ee 388 VI 
shall apply to circuit court for assessment of damages to 
real estate :for-water. worksS<.ca.. =. - “ec eee ee 428 VII 
shall act.as Jand.commissionermww hens... ee eee 453 XVI 
to furnish legal advice to police commissioners............. 459 XVI 1 


© oO 


ow CO 


o1st bo © po bs be 


bo bo © bo DO bo 


bo bo 


1 > 


—= a) a 


INDEX TO CHARTER. 


( Index to Ordinances at end of Rev. Code. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225 256. 


CITY DIRECTRIX— 
[ ANNOTATIONS. } 


determines elevations of highways, etc....... 


CITY HALL— 
power to erect, purchase or rent (clause 3)...... 
PTT LC COL AUSOy.1, Wins 4 cea aan kd ck ee ham 


CITY REGISTER— 
See Register. 


CLAIMS— 
See Auditor. 
assembly forbidden to compromise.............. 
assembly cannot ordain payment of unauthorized 
penalty for unauthorized payment of............ 


CLERKS— 
PGA tOl wrod lary Of, o.. sess os Ne dh oh pate 


CLERK OF BOARD OF HEALTH— 
clerk of health commissioner to act. as.......... 


COAL OIL— 
may regulate inspection of (clause 7).......... 


COAL OIL AND VITRIOL FACTORIES— 
power to prohibit within certain limits (clause 6 


COAL, STONE— 
may regulate inspection and weighing of (clause 


COCK FIGHTS— 


Pe wetetse press. CClAUSG, 8) iu vis's testa e ele eee eee ate 


COLLECTIONS— 
of state revenue, power respecting (clause 13). 


of public money to be paid into city treasury.... 


by collector to be paid into treasury daily....... 


collections from water works, how applied...... 


collections from harbor fees, how applied........ 


COLLECTOR— 


Srtaecoec elec ed. Lor .fOur: Years. .2356 oo Pe eee we Caen dle 


shall collect all city, state and school taxes...... 


shall collect all license, wharfage and all claims. 


Pe Sri e ee eee 


Say we Rey 6 ee ® 


aaa) weg Woes lew 


er re 


RN aay ate. 3 


eo 6S es wierel eS). e 


Sie ald pa) 6 let wane 


shall pay over collections to treasurer once each day....... 


Sinte ano Bschool taxes to be, paid» how... sees eee, 
Mreivo Done in not, less: than: $200,000), 5 yack. ack sae Les 


manner of keeping books and accounts.......... 
RUN CME LGOUOT © oeip. yo dca0 oir Sn any, pate er lack eae 


PC eet Gs FOLULTICU: «2 x 476.5. 2» Whe cree oD kes ast ee 
shall give receipt to comptroller for tax bills.... 


ae ef 6 we we ese 


ye a 


WRRwwwwe Ww 
MO ANwats 381919 YW 
Le ODOD- 


o 
7 oO 


III 
III 


26 
26 


Conroe 
=e 


ee) 


Coho pe 
Aor HD DORs 


— 


478 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


bond of. collector” Svc Hn AUS SRR ac ee eae ae eee ee 
bond to*be<executeds in: duplicatecma, o: tea. ae eee eee 
state auditor and mayor may require additional bond...... 
bond to be a lien against real estate of collector........... 
bond to be given within fifteen days after election, or 

collector tofortelt (office =)ee ee eee 
collector to collect all revenue except water rates.......... 
shall keep a detailed account. of collections................ 
triplicate sreceipts *torbe*ta kerr 2 cre rs sieteon eters 
rebate of eight per cent allowed on tax bills, when........ 
authority of to appoiniedeputiese: 2. ee. as. oe 
to ibe“responsible*forsacts- of. deputicss.-— .)c0 tee oe ee 
bond of deputy to be available to collector................. 
may discharge all duties of former county collector........ 
shall’ collect “wharlage. wes etc eee er ee ee ee 
shallicollect-all school taxes 35 eee eco 


[ANNOTATIONS. ] 
in city performs functions of former county collector..... 


COMMISSIONERS— 


See Condemnation; Streets, Alleys, etc. 


COMMISSIONERS OF CHARITABLE INSTITUTIONS— 


shall-be- appointed: Dyce y Org 2. eee pee 2 eee ie eee er ee 
ADDTOVER i DY se: COUNCH Sirois oi tiss eee a de coe ee en 
termaonsoffice, “Tours years... cee eee ee en ee 
firsteappointment, twoLyearsas. > a5 22) fees ee 
exempt from restriction as to holding other offices........ 
not required to devote entire time to duties................ 
shall have supervision over penal and charitable institu- 

LIODS: % sgh aG fest ek daar veto bate eee ee Realtors OP Rae aaa emi 
may remove appointed officer of institutions............... 
mayor shallifillivacancy.c i wc eve eee sete ee 
mayor not to reappoint any person removed by............ 
commissioners to meet once a month at’city hall.......... 
shall: visitvall institutions once: a monthw os ee ee 
may recommend ordinances to assembly, when............ 
shall receive.nio. payetor Services 72... ee eee 


[ANNOTATIONS. ]} 
cannot remove officers without notice and trial.......... 


COMMISSIONER OF SUPPLIES— 


shall be:appointed by mayorrs+s +2 - ee ee ee eee eee 
term: of office; four sears]. ...2- are ee eee eee 
first-appointment to, be for two: years... ee ee eee 
approved. DY + COUNCI] Was eee eaters teers ae ee ee ee 
shall purchase all articles needed by city.................. 
municipal assembly to provide for all purchases............ 
purchases made without advertising to be approved by comp- 

LY OVO LGR a nahere gd ade ee Cesta re ere ee aes Ot eR 
form of advertisements for: proposals seer eee 
bidders may bid: for-any one articles... +. +.0ee are eee 
awards to vbe-torthe- lowest: plddere 4a. ee ee ee 
to:furnish printed blanksito-thesbidderss:- 67 eee 
opening '‘ofsbids. fib eee ree ee ee ee eee 
bids having alterations or erasures to be rejected.......... 
all contracts*to’'be-approved by MaAyory..-.4.. 45 oo 
shall’ make*annual reports (to; mMayor:. 225% vee eee ee 
to purchase engines or apparatus for fire department...... 


COMMITTEES— 


all’ bills: must, be reported upon Dy. - sue. ee ee 


PAGE. 


376 
376 
376 
376 


376 
376 
376 
376 
377 
377 
377 
377 
377 
434 
449 
449 


293 


345 
348 
345 
345 
349 
350 


365 
365 
365 
365 
365 
365 
365 
365 


365 


345 
345 
345 
348 
357 
307 


357 
357 
357 
357 
357 
358 
358 
358 
364 
442 


310 


ART. 


IV 
IV 
IV 
IV 
IV 
IV 


IV 
IV 
IV 
IV 
IV 
IV 
Lvs 
IV 


IV 
IV 
IV 
IV 
IV 
IV 


IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
XI 


III 


SEC. 
30 
30 
30 
30 


30 
31 
31 
ol 
32 
33 
33 
33 
34 

6 

3 

3 


INDEX TO CHARTER. 479 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225 256. 


required to report certain bills within 40 days from time PAGE. ART. SEC. 

EGLO OeNCG.. ids tek Sa La ee ee EE clot eee 310 III 13 
in event of failure, bill to be considered before house or 

BE TAS hy Ge “a nce St ice anv ace Gea bre Hanalei ate en ea 310 Lut 13 
bill to be acted upon by committee of whole............... 310 Bia 13 
engrossing of bills to be under supervision of............. Saal III 15 
Prmmessrirerenioe.s TepOrce Ol ides ais ce eetc a cate tke Ax ais Comer: Solera aga bad ly 
chairman of, authorized to administer oaths to witnesses.. 342 III al 
shall obtain indorsement of comptroller on bills contem- 

Pieuinon expenditure Of MOnGYy .syi7e scaeis taeateckis soe aes 370 V 12 

COMPENSATION— 
See Salaries. 

COMPROMISE— 
of claims, forbidden by municipal assembly, when.......... 341 III 30 

COMPTROLLER— 
POSSE LOM FOUL: VCATS: < is.s steele acke coe cieceutae ecuneutalays 344 IV ai 
to have general supervision of the fiscal affairs of the city.. aii biate 20 
to supervise collection and disbursement of revenue...... 353 IV 20 
to see that all necessary legal proceedings are had........ 300 LV 20 
to prescribe rules and regulations for public accounts...... o00 IV 20 
elareedewilLuepreservation of credit. of city ices5 oc. © os 353 IV 20 
to draw requisitions in payment of public debt............. 300 1 20 

353 IV 20 
to make anual reports to assembly and mayor............. | LY; 47 
364 IV 48 

fOrBupeLvipe-all property and assets: of. city.) 223.265. ee 353 IV 20 
reeoraevorenis Ofice. spall show; what... 0-0. ee eee SoG IV 20 
Porcoulncersictiiall. warrants on treasury: coos 2a pee eee ee ao IV 20 
to have access to books and records of any department...... Boa IV 20 
shall see that accounts of city are kept in proper manner... aoa IV 20 
shall give bond to city in not less than $300,000............ 30a IV 20 
Sha rmuave a-seat in municipal: assembly.:%.. 2. «eel eae ee S00 IV 20 
may effect a temporary loan to meet judgments............ 353 IV 20 
to have custody of delinquent and special tax bills, deeds, 

SEE PIETER Ore oak tre Meir sleds ahd Fichter othe te UPON ahah eee a ate 000 IV 20 
Pence a.complete) register. thereol soe4.4.9 is ae eee en eee ae IV 20 
Pmiiemayvor tnequit-claim deedss. .... ses .eees oe See ek 354 IV 20 
to act with mayor and treasurer in selecting bank for city 

ORG ATV ERS og Sak Oe ea ae Sag“ Sete d aaa UM A 354 IV 22 
shall prescribe manner of keeping accounts by collector, 

Tee Vee, Sa at, gs, ve pid ag Whe al Gene Se eee ee erate 356 IV 24 
to approve purchases made by the commissioner of supplies, 

SHUTS aD,» en Seated Aer ie Non a a rere 2 ire ah ole hte i ado oe BOL IV 29 
Pomrecervessi: Ulank: licenses, et... aia). ce oes etek se ee ee 369 Vv 5 
ETO RPRTUDNCALE: TOCEIDIS c. A. es W's cha hee COME. Hoe ee 369 V 5 
shall adjust settlements of officers, engaged in collection 

TEE Fg TRISTE Pe ge ie i 5 APR RE AI BE oe hci aa Ope cn ogg oR 370 V 8 
Baer erurieunused DlAnKSs to registers oc... eee eee 370 V 8 
ordinances for disbursements to be endorsed by........... 370 V 12 
audited accounts to be registered in office of............... Srl V a3 
to allow accounts with approval of mayor, when.......... 371 V 13 
tax bills and assessment books to be delivered to.......... 375 Vi 26 
Sieaeeetining ang .stuiinp Dbillsvacts an oe eee ae Pee 375 V 26 
Brmemucivers pills’ to collector: <> 3 ae5.0 esr oe toate ae he BY 65) V 26 
mnt akosreccipt trom COlLECtOTr ..s cis dates te ae ee a 5 Y A5) V 26 
receipt for state taxes to be forwarded to state auditor.... 375 V 26 
may correct manifest errors in assessments................ 375 V 28 
authority of, in reference to delinquent taxeS.............. 376 V 29 
report of commissioners in condemnation proceedings to be 

TTT ACME CO eee hah te 0a! ches sh eae Chet ae MPa kL eres Gara 393 VI 10 
BUMP RCOLU A TADOTLS: 11) OLLICG cis tha encase at fae eetinde bs shale ape 393 VI 10 
Shall furnish copy of report to assembly. .:......2......:;. 393 VI 10 


mari ceduc. benefits from damages: oc ices tens hdc vce ees 393 VI 1 Wy 


480 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| index to State Laws for St. Louis, pp. 225-256. 


PAGE ART. 
to register, countersign and deliver all special tax bills.... 413 VI 
shall enter “satisfaction vot special*tax pills... ee ee eee 420 VI 
shall -countersizn “all--water licenses; 32... .. se te ee 429 WIT 
shall examine monthly statement of collector of water rates 429 VII 
shall furnish blanks for wharfage dues; etc. 27.0. 2..5..... 34 IX 
shall register contracts for abatement of nuisances........ 446 XII 
to’ make deductions-‘in’school-tax “when +... 5s ee ee eee 449 XIII 
LO exectite .CONTFACtS LOR CI y, eee ors re emt ei eeeee tat ree 454 XVI 
to ‘countersien Contracts .wheliet. 2s eae eee 454 XVI 
may inspect books of police commissioners................ 459 aa | 

[ANNOTATIONS. ] 
functions of former county court now partly in.......... 298 

CONCERTS— 
power to license, tax and regulate same (clause 5)......... 329 III 

CONDEMNATION— 

See Streets, Alleys, ete. 
powers to condemn private property for public use (clause 2) my III 
of private property tor public usen-.ie eee eee 385 VI 
eat s 385 Vi 
commissioners tobe frecholtdersa. so eine ae ee ee ee | 388 VI 
majority “of commissioners Mavelrepork. «. ..aateh ee eae 388 VI 
commissioners to asses damages........ Soke oe he a eee 388 VI 
duty of; COMMISSIONeGrss.) bas ave eee oe eee eee 388 VI 
COUTL TEVIGWdTCDOTU: <4. 1s tees be ie eRe eee eeccee eee a eee 390 VI 
costs°of (proceedings. n.a pec Oe ee ewe Oe ee ee et ae 391 VI 
compensations! COMMIsSSIONers. + 6 ll ok eee ee ee 391 VI 
dismissals or withdrawals of proceedings for by city........ 392 VI 
proceedings, may be discontinvleder. 58 tue cake ee ee 392 VI 
damares and sbenehits, (now pald. <> snide eae oa ee en oe ee 393 VI 
Set-off, “WHET evo sie or eae Sarria ec ee re 393 VI 
paid:into court, when 6225 aoc ee eee 393 VI 
city may aeduct benefits from damages.c ci st: ace eee 393 VI 
city not liable for interest on damages paid into court...... ouD VI 
when title in dispute, damages paid into court............ 393 VI 
when, improvement. May: Proceed. 1. ..65 se eee ee ee 393 VI 
condemnation. for-particular suses 2.2 145s sate ae ee 394 A | 
of property -Lor-water -works——damaces..% 40. ae eae 428 VII 
when charter went into effect, how conducted.............. 453 XVI 
[ ANNOTATIONS. ] 
of property in Illinois for free bridge from St. Louis... .294, 386 
of property for streets, alleys, etc., discussed............. 386 
begun under old charter after new carried............... 386 
proceedings must comply with all essentials............ 386 
whats petition ‘Mustssno Wi bres eae ae ee ete 386 
conclusiveness and effect of street opening proceedings.... 387 
distinguished from assessing benefits or taxing for local 
IMPTOVEMENS Space 26 cicicls a cnteene enoe ete yes eee ae ee eee 387 
parties to-proceedings) Tors se 2.5. ess re ee oniae ae 388 
damages and benefits in proceedings.................. a 
report of commissioners, exception, jury, etc............. 391 
COS OF. e600 ois os tale, wn weiss wikaie tims Ane OUR Re re et ey ee ee ook 
Gismissalool ProOCeedin SS .c veda matinlces + pee eee ei eee 392 
ADPCA Le ees Be ie ot hee ix deep the dhe Dt aes ee ee 393 
when payment of damages becomes due................ o%5 
payment into court of damages, when city permitted, and 
effect. thereciakc.... awe dawece me Eee fu Adare teat tare abana 394 
change of grade, when) operating asc sen neue oie ee ee 406 
for (park? purposes io a ates oe eas Ge ee en eee 431 


of one street car company of the right of way so as to run 
over tracks ‘of anothers ena, cieaccc steeper oes ee 440 


womonmMmNOrE PENNS 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


CONNECTIONS— 


See Sewers. 


CONSTITUTION— 


[ ANNOTATIONS. ] 
SOU gcer Gin CILY 8) OWES S.C oe ee ee ee ey 
controls over charter or ordinances, when conflicting.... 
what is a conflict between, and ordinances or charter.... 


Peet ci Lys AI GOULET UNG kk Ne bee Oe 


provisions of, do not apply to special taxation........ 


Hrovisicnstas: toO-Streat.rallways../l2.0 oe ee eee 
Proyastonsvas: to ischools,vete: 7f. ois eran rae ee 


CONTAGIOUS DISEASES— 


may prevent introduction and spread of (clause 6)........ 


CONTRACTS— 


See Board of Public Improvements; Public Work; Public 
Printing; Street Sprinkling. 
members of assembly not to be interested in................ 


Civ Otucers. noc; to be interested: in i. uA eae 


Drieiigiseoune mete ly, TeLIste?. sc. vs440e a ee coe ie 
proposals and awards for supplies............. GARR Tsing Aces 
all contracts for supplies to be approved by mayor.......... 
SAME Rene CT CODY HIMAVYOT. (oe se oe ls CURE eee es 
MUCemeo MOUuLy mayor OL Violation’... {sce sch eee 
Mity Oreille caise: suit toy enforce, 14 oh daca el ce 


shall not be let unless specific appropriation is made... 
Nt OTPRT IMAL OT) A re lor ts Ubi S |. asa se Dete tee aa ee ee eee es 
fesitenanee Ang SUarTanty. Clase h))6o8s Oi ee ee ee 


Bera, OVETNENL. OL, SIGE WAIKS. 5 < oss > s Boldin Hed ells aes 
emergency work and repairs requiring prompt attention ex- 
CoV OL 8 Co et RSE IR Maa RO ia dition eMC EL Der tas AEN aN ee 


SeeITALSS MET EELCLGTE SCO. TOAK Oo. gb ana tise Mudra sae IC ieee: late 


Hoard Or public. improvements to awardi... ts, .osiseuk..s 
BEI IALIPRSOLEGCONLTACLOLS. (DOTS oat) b kis da ee ee elo eon 
Buaiepessupject to provisions of. charter... 200. yk. Jakes). ae 
MoLanOn tay, be suspended, Whe)... isk.) es cee daa nc nes 
complaints of citizens against contractors, how examined.. 
POPU TeRt SUIT D el iThe 52 '5.u winter ae « ble ewe nie Nes ten eONEL Oat oe dae Ui ee 
Pee OTE WCGTc, WOLKS fens Gos 6 '5)b x it erence te ottkete er erate: 
for work, etc., of water department, to be approved by 

CeO ET NGG Umi bie OMS) 2 Oks, Sear el Fe WRN pW aL Ae a al ahh tana ean: sot eel alk te 
ron abatement. of specified: nuisances... Peds: view «win ois oth ree 
Pore nnoNlGaprinting, NOW AWATdE slcc cc ivcs weru aie Rainer e 
CACO IG & OL) LOTR ULTUDALLS « & sie ie oby oorace ee Rede, Lusk egies ee ELS 


SRT OTL OLLOC Ar YW ITGIlis) Atctnis wae kk ined ascii ee erp Uhhaaee Lee 
existing contracts to remain in force, when................ 
EVE COTLEACLS, ). DOW. .CEXCCULEGs 5:2 jie sa OES ae BIS ode 
to be numbered, filed and registered in register’s office..... 
MMNeME COM DGsTUTTiSned) OLCONS ays sit git tkdeay oh tus wes Sax isles We 


manailsbe countersizned. by .comptroller,. si... 2 nsw d= os 
[ ANNOTATIONS. ] 
state cannot change city’s boundaries so as to impair.... 


members of municipal assembly not to be interested in... 
officers of city not to be interested in, discussed.......... 
exempting from taxation is void, when.................. 
exempting from special taxation is void................. 


ART. 


III 


IT] 
III 


XVI 
VI 


VII 


VII 
XIT 


XV 


XVI 
XVI 
XVI 
XVI 
XVI 


481 


SEC, 


26 


oo 


H He DO DD DOH 
ARNOWOWOND 


| a ell od 
ae oO 


Fete pk ped 
Lor Po 


bo bo 
qQ-] 


~] 


DO DS po bY bo 
wo © 00 moos) =] 


“PQA HR Ee Aw 


482 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| ndes to State Laws for St. Louis, pp. 225-256. 


26 


~ PAGE. ART. SEC. 
special taxation where, partially completed.............. 400 
guarantee and maintenance clause in, for public im- 

PFOVEMENUS Ps SVs tee oe Rte errata era eele Uren eee 402 
for public work, what strictness of compliance with 

necessary for recovery on special tax bills............ 416 
for public work—See Public Work; Board Public Im- 

provements. 
for; removals OL (karogsey oe eee ot eens se Waele ree oe 
letting .out.totlowest bidder. 2s.u wars eee ook ee eee 422 
notice. Of SRLIN G Hes. Nee eee cere eke terree Cones as Serene 423 
delay intletting see gu Aare eS ee cae aie ae ee etre 423 
PrOovVisionsiain) TOL. DUDNGyWOriee Jc ae oc te ee ee eee 424 
validity of provision that commissioner decides disputes. . 424 
for public work, time: for completion? -.... ere ee eee 425 
Cannotibe. validated: after; forfeiture. cee ate ie ee 425 
extension of time before expiration................. Sone sy 425 

( 425 

in excess of appropriations pes 
dhe atats 13 so aun ectat One eae ee ete 454 

| 455 

suspension of work on, for defective execution........... 426 

: 403 
estimates GLcCOst: AeA. Stone eek cee, oes ee 496 
by city for serving refreshments and liquors in public 

DEAT KS heh ele hT4 Worse OS aero aco cei ee Ne Taine Re enema wa ede 431 
streeti Trailways franchises ‘treated jas vic vec be eee ee 43 
in name of one acting for city, name of city not necessary 44? 
provisions concerning city, in constitution, statutes, char- 

LEM ANd OLAINAN GES IE. eo Cal ra iN We ial oR A Cen eee near eee aa aE 454 
essentials: of PtTOUDINGUCILY 7s 4 o coe eiette eau ae ees Sine nee 454 
liabilitysof-city (on, discussed. Vee. oeo eee eee 454-457 
must be in writing, within appropriation, etc............ 454 
charter and ordinances always read into, as part thereof. . 455 
contemporaneous interpretation as a rule of construction. 455 
power of city to protect material men and laborers in city 455 
estoppel of sureties to contend, are void................ 455 
power of city: toumake Cereain es... cad. ieee ela ede eters © 455 
DINGING OT WCE. aiaccnt har cme ask aie ie aie cae Re ats ei ae ee 456 
impairmentivofl, within’) U.S CODStIVILION | 22) cee ee ine 
provisions in, that commissioner decides disputes........ ie 
ratification <fe:% ee pee ee oes be a oe ae eae ee 456 
estoppel as applied to city or against city, respecting.... ae 
assten aDplity. “Oli ae so clade. ween scerelcis cae Wheelie einen th cere ate 457 

CONVEYANCE— 
[ ANNOTATIONS. ] 
of property to and by city—See Real Estate; Dedication. 

CONVEYANCERS— | 

power to license, tax and regulate same (clause 5..)...... 330 III 
COON FIGHTING— 

power to:suppress (clause: 5)... dearest ee ees 330 III 26 
CORN DOCTORS— 

power to license, tax and regulate (clause 5).............. 339 III 26 


CORONER— 
See Scheme, section 5. 
shall: be elected for four years «.\s...).assieubiek eee eae 344 IV 


INDEX TO CHARTER. : 


Index to Ordinances at end of Rev. Code. 


Index to Scheme, pp. 279-286. 


483 


Index to State Laws for St. Louis, pp. 225-256. 


PAGE, ART. 


may have such deputies as are provided by ordinance...... 351 IV 
CORPORATIONS— 

power to license, tax and regulate (clause 5)............. 330 III 

rights of city in, may be protected (clause 11).............. 336 III 


CORPORATE BOUNDARIES— 
See Boundaries. 


CORPORATE NAME. 
ee Mee CSE Ve OPV POL e LIOUIS er Gk gecre nd ut go goat A Cee E Le Cees 294 I 


CORPORATE POWERS— 


See City. 


; 294 I 
PGNGrAL GO teelsOU1S, ENUMerAated. .....: 4. .ie eae ha ches 390-338 ILI 
[ANNOTATIONS. ] 
of city—See City. 
of city to purchase, hold and dispose of property......... 294 


be 294 
et MOE CIIOT AL 35. oft s 6 ic fate vy oa a ee OR ee 1316 
ORM RUPE een a coc adsl ace cd cr NR eee eee eee aes 367-369 
CORRECTION— 
See House of Correction. 
COSTS— 
Wee ST PIRI ILM COIT LLP IOC) fee fae ac cne 5 cw o's, MRM tad oe ON en eee ec 351 IV 
PCO NetiIHia tO n NTOCECGINES: occ cid. ite oie. wt 5 Ute Ceara eee 391 VI 
in examining public work in case of complaint............. 423 VI 
COUNCIL— 
See Municipal Assembly. 
Breuereors municipal, ASSeMD1Y > . 3.1... sds wsce os a) area ae 305 III 
to consist of thirteen members, elected at large.....,...... 305 III 
( 305 III 
Benoa Llondeo: members: Of ‘COUNCH! wiies ie. sha ess ee Cele el oe fe 
352 IV 
one-half of council to be elected biennially................ 305 III 
femnemoramempersof first councils. fs sere ae te ees 305 Tiy 
members of, shall not be interested in city contracts....... ve i 
er VMRLIEPOL OW LLG» eis ic the eo, hd ny ala eis a te vice ee S0Gem Ga TIT 
IEC ele GOW) OLUCETS.),.ca)c sce... 9 Wu wtbte te claret oom tee Ore 306 III 
to be judge of election and return of its members..:....... 306 III 
SMITE TACIO VOCO LOVINAV OT ars 2 oieic'c ot wd anata wis eh 8iatlen a aaveigl'e et ote pals 306 III 
SME ATi TOL CONTCINDL.fc cs ole sos x ein oie cimn cl ca aeaed cs brates 306 III 
may expel a member by a two-thirds vote.................. 306 III 
the presiding member to be designated as president........ 307 III 
president to be elected on general ticket.................. 307 III 
majority of members necessary for quorum................ 307 III 
consent of both houses necessary to adjourn for more than 
Bee aL OREN S 2 Pine ota Gude cd wae 8 to wre SRA eraDIS tia ocho OMS 307 III 
may compel attendance of absent members................ 307 III 
sessions to. be held with open doors... .......5.0-ca0c-ss0s 307 III 
members absent without leave to forfeit one dollar........ 311 III 
PRMIEOACIO TIT STUCITIOGIS oie vil id Ss cat ang ae ed Se ee SEL III 
president authorized to administer oaths, when............ 342 III 
mieveremove clocted Officers for Cause. 60... co. wa ww esse cee 346 IV 
may remove appointed officers for cause.................. 346 IV 
to examine charges by mayor against elected officers...... 348 IV 
eee SetMITIC IT. CHGETOON oi, 5 sisie’s bisa ak eee eee eed hk cd we 348 IV 
council to fill vacancy in appointive office in case of removal 
CITT U OTMERED Adis Wists b aves, ¢ Wah, cee He ae ce Ak ead i ies mele 348 IV 


BEC. 
14 


26 
26 


16 


pt 


— 
WMHOWMNHMOMDWAOAWWWOANNH 


OS at et 
AAO — SP CO CH OO 


~] 


484 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Revised Code. 
| Indes to State Laws for St. Louis, pp. 225-256. 


PAGE 
may remove any officer appointed by mayor................ 348 
president of council may call special session to consider re- 

TOO a fer ae eo aah ah tata eA at gee ot a RS td eS 348 
appointments by mayor no confirmation, when............ 348 
appointments by mayor to be confirmed by................ 348 
action of, on" appointments! Dy Mayor. wy ec ae eee 348 
may remove officer not devoting entire time to duties...... 350 
may remove .elected,,.officer, when v/s. i.ii 2s .e6 lee eee 350 
may fill vacancy in elective office, when.................. 350 
president of, to be ex-officio mayor, when.................. 350 
president of, to perform the duties of mayor, when........ 352 
to approve contracts for work of water department........ 427 
to confirm or reject awards for public printing............ 451 

COUNTER-CLAIM— 

See Set-Off. 
COUNTY— 
[ ANNOTATIONS. ] 
how far ‘city<treated/ asia; etre Wee eee kee 291-292 
functions and offices, transferred to what city func- 

TION ATIC eee oy a au oan Br eae ulate ig ke fe Cee a alee ool aie 292 

COUNTY CLERK— 

[ ANNOTATIONS. ] 
duties ‘of transterred to register) ere ter aetna ee | ot 
COUNTY COURT— 
[ ANNOTATIONS. ] 
duties formerly of, now transferred to whom............ 293 

COURT HOUSE— 

power of city to issue bonds for (clause 1).. ............ 320 
[ ANNOTATIONS. ] 
TOLATION » OFF CLEY si UO iy hes aie ics est Sik ne ake? Te eae EEE ee 291-292 

COUPONS— 

Cancellation sols ior leech etre ales ape tates terete teeee Seed) ce ty te ete 450 

proceeds of to become part of sinking fund................ ' 450 

and bonds, for what issued by city (clause 1) ............. 320 
COURTS— : 

See Police Courts; Police Justices. 

COW STABLES— 
power to regulate, prohibit, etc. (clause 6)................ Boa 

CROSS-WALKS— 

GOst7or).to be paid’ by (spectal Cami ee oe ete eee iene nei mi 

CULVERTS— . 

HO Ws MAdeG mails etka aie A AS Lies gies ihe ahr eee ee Sn 396 

CURBING— 
special  taxavion. fOr gin Meri eae e meen ce ek ein ee eee 396 

D 

DAIRIES— 
power to prohibit same within city limits (clause 6)........ 332 

DAMAGES— 
payment of, except by two-thirds vote, prohibited.......... 341 
commissioners to assess damages for condemnations........ adi 


appropriation to" DAY) Bane Hn Bas ly al ere saan deta et tee 392 


III 


XIV 
XIV 
III 


III 


VI 
VI 


VI 


VI 


III 


Ili 
VI 
VI 
VI 


26 


tf 


26 


14 
18 


14 


14 


INDEX TO CHARTER. 485 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. SEC. 
DRUMS TINS DODEILS ss o<iu-de PUR eae. ee) a OC aa eo 393 VI 11 
Depart eT FTV COULL, WGIES. « \ and ics vlads ede rete RIUE arate eee 393 VI a 
in changing grade of street and nuisances.................. 405 VI 19 
assessment of for real estate taken for water works........ 428 VIl 4 
VSL EN iy DM Bay Os an en Or eg Deng 2 ste ee AN Ly OP Noa ae a UN pA co ty a 457 XVI 9 


[ ANNOTATIONS. ] 


liability of city for, when acting in ministerial, but not at 
Matert Tir OP ISIALI Ve’ CADACIEY. 3 is). '-/cld och miei sostele ete 


382 
no liability if city fails to enforce ordinances.......... 319 
city not liable for officers acting under void ordinances. . 319-320 
for violation of ordinance by private person............. 320 
DaIPrey ete GC BLTOOG oe cop eh ohae, vetlel s etc ae eee ate Gaeta 326 
liability of city for defective streets, sewers etc......... 326-328 
liability of city for defective sewers, or overflows....... ere 
claimed by private persons, when ordinances to pay per- 

WY PRELIM OTM fo pee o bie sh ates, vgatin' “baal Se akany pas Ltd Seba CR ae eee 340 
STEEL VET ROLICETS. LOTS os sx 0 bcc cit onsadd katate lane oie aed se Re 363 
: : 389 
Pre OOL POUETIIS (CASCES . ola 5 iyo 4: Maite, ble mal ona blot RSE ee eae te a 39() 
BOVE TG WU POTELIV ITS oo. coer iahiiec aie esse Coss le beget chal enw pita pt cee ean 390 
in condemnations, when city may pay into court......... 394 
Tromeiance of erage of streets, etc: Uc.) 6. 4s ateuiete ee na 405-407 
SOI Aremoveal .Ol SUade: Trees (cc % ao ak «bias o Sho e/a tad a pa eee 4u7 
action for, against city, by contractor prevented from 

ATTRLE TID SS WOOTICDCK 7. ark fs saa. « Ciera niche ie Chere ee Bie 420 
liability of street railways for tracks in streets.......... 437 
where one street car company compels another company to 

Re TELE E OL OLS LCS co ba. win Doren ahale ew in Ce aCe SELENE, nana ate 440 
liability of city for, caused by fire department............ 442 
where there is co-defendant liable with city.............. 458 


DANCE HOUSES— 
power to license; tax or suppress (clause 5)........52...... 330 III 26 


DAY LABORERS— 


assembly may not establish compensation of (clause 8).... 334 III 26 
DEATHS— 

See Burial Certificates. 

power to enforce registration of (clause 5)............... 330 Ill 26 

health commissioner to provide for registration of......... 444 XII 4 

duties of physicians in reference to burial certificates...... 446 XII 10 
DEDICATION— 

to public use of streets, alleys and public places.......... 380 VI 1 

SePTEPSTAT HIP OT COC 26 WLLL. vey sd etathis Sinks bie kates odie nue eels. ape 380 sta eG 


[ ANNOTATIONS. ] 
of streets, when not necessary to show in damage suit 


Pee PEPER RR Deore y are pie aw eats tue: dhe Row ersten WAKE Oho, aii he's. W baa rel oat 
SP REEENYGOTEM TINY. its a os eri nce eo Gin ele gio bwcayn Slelanela Raha alee sn eR ee 3838 
SEAN een hk 5 ore. 'ota. vi Wet pnelin mlb aes © nie tithe Sepa BEML es ioe as 383 
CT ip. i Bak ORs SIU Lee Serene te ee Congr rie ory 384 
to city of property to be used for one purpose, diverted to { 295 

STRETTON edo Sf eee: Uo on die BORN whe euela la oun A (384 
PONGILIONSls LO. DUDIIC USER + ete nig Fa eae ewaieeiet esis sige eels 384-385 


of streets before improvement ordinance (proviso con- 
9 
ETAL PO Seatac sone beer Aiew-s Wt oer arene @ dada es ed, 6 ah 403 


486 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


{index to Ordinances at end of Rev. Code. 
{ndex to State Laws for St. Louis, pp. 225-256. 


DEEDS— i PAGE. 
See Real Estate; Dedication. 


DE FACTO— 
[ANNOTATIONS. ] 
See Officers and Offices. 


DELEGATES— 
See House of Delegates. 


DELEGATION OF POWERS— 


[ ANNOTATIONS. ]} 


from :statesto (cityinvenarter = os .aa ah eee ee Oe eee 289 
to municipal assembly by state, effect of................ 316 
by municipal assembly, when valid................-2.0e0% 317-318 
OVer «Streets iO WOLty Stee. Cc a ene be ee ae erie) ate a oie 323 
to impose license tax by ordinance...............-2..e00- Sok 
to levy taxes from: state *toicity.. fe. fe eee ee wets 367-368 
by assembly to city officers in public improvement or- 
Gin Anes ya sc VAs wre wate eee Oe hear tte tetan a co eer emit ere Sees eae 401-402 
by assembly to city otncers in construction of sewers.... 409 
by state to city, respecting street railways............... 437 
DEMANDS— 
See Auditor; Claims. 
DENTISTS— 
power to license, tax and regulate (clause 5).............. 329 
DEPOSITS— 
OL ACILY "MONEY wae eee ee ee ye era EN teen ae oe 354 
banks tobe’ selected annually, uw ree 0 ree wees belo cake. 355 
DEPOSITS BY OFFICIALS— 
all collections by officers to be deposited daily............. 354 
354 
356 
358 
public money to be paid into city treasury................. { 370 
376 
429 
| 461 
354 
by collector to be paid into treasury daily.................. 356 
: 376 
DEPUTIES— 
limitation: of “salary. Off 2.4. leer: Ce eee ee ee 461 
DISEASES— 
contagious, may be prevented and regulated (clause 6).... 332 


DISORDERLY ASSEMBLAGE— 
may be restrained and prevented (clause 9)................ oo0 


DISORDERLY HOUSES— 
power to suppress same (clause 5)...........0cccccecunves 330 


DISTRICT ASSESSORS— 
See Assessment of Property; Board of Assessors. 


shall .be’appointeds by-mayorss i. veviasse eae tates 345 
term. of -ofiicewfour wears. 2s ee eee sha abt Recreate ba te aee ee 345 
first appointment: for: two..years:.. 4240.8 nun eee 345 


approved Dy) Council sot aekensk ae we ees ee eee 348 


ART. 


Ill 


III 


Ill 


IV 
IV 
IV 
ay 


SEC. 


26 


26 


26 


© bo bo be 


INDEX TO CHARTER. 487 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


DISTRICT SEWERS— PAGE. ART. SEC. 
See Sewers. 


DISTURBANCE— 
WA weLeetrai ANU Prevent! (Clause 19 )ivc ey oe es kied mee eareres 335 III 26 


DOCKS— 
municipal assembly may erect, regulate, etc. (clause 4).... 329 Til 26 


DOCTORS— 
power to license, tax and regulate (clause 5).............. 329 lII 26 


DOGS— 
may regulate or prohibit running at large (clause 9)...... 335 III 26 


DOG FIGHTS— 
Nereus) Dirocs:. 1 Clause 5) s 42. 5 ci levies wee eas oe ee 330 Lu BE 26 


DONATIONS— 
See Gifts. 


DRAINS— 
See Sewers. 


DRAM SHOPS— 


power to license, tax, regulate or suppress (clause 5)...... 330 III 26 
[ ANNOTATIONS. ] 
licenses for, controlled by excise commissioner.......... 376 

DRAYS— 

power to license, tax and regulate (clause 5).............. 330 III 26 
DRUMMERS— : 

power to license, tax and regulate (clause 5).............. 330 III 26 
DWELLINGS, ETC.— 

power to enter into and examine (clauses 6 and 12)....... ae III 26 
DYNAMITE— 

mmaserecuinte storage of) (clause 12 ).oia. Cidege leet inate tenes 337 III 26 


EGGS— 
may restrain and punish forestalling of (clause 7)........ 334 III 26 
ELECTION— 
I BETMRO TOOL -Ole CLEV isc go ic's caine oes DU saiale Chea ass hatte 320 III 26 
of officers, assembly may provide for (clause 8)............ 334 III 26 
necessary to sell or lease parks, submitting question to 
Pee Vet Or Fay ot VME Sdn rR LS eos! artes ais aie eek ipaataels heres 431 VIII 4 
[ ANNOTATIONS. ] 
powers of city to provide for, etc., section construed.... 335 
TEI A RR tA iT edie es toate Mei oh Sr rh Gam ML Wien 335 
Tamera er LeU TAIT RCT TINS a Ao’ Sx Ge, Wd ot Shale Roa ieee ee ae dae ae 345 
commissioner is state officer, how far................06. 362 
CreaenoolpoaTd GiIT@CtOrs 22 fo Pe ug el tob mn ewe 2 RP alrae s 6 448 
ELECTION AND REGISTRATION— 
watieratmicerion. in April,’ 1877)...2- scams Wes ae Genet ate 303 II 1 
general election every four years thereafter................ 303 II 1 


[ANNOTATIONS. ] 
oe TE AES SELES 20 Eanes freuen Teer eg eae se or 303 


488 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| dex to State Laws for St. Louis, pp. 225- 256. 


ELECTRIC WIRES, CONDUITS, POLES, ETC.— PAGE. ART. 


[ ANNOTATIONS. ] 
See this title in Index to Revised Code. 


EMERGENCY— 
excepted! from other publics work way Gai ocls wees Clee cual ate anes 421 VI 
chief of fire department to purchase or hire apparatus or 
TOTSES Ce oie aE an Greed Sn aM Ntleg rete ait fens ON TTS RECS 10 UN R gteRg 442 XI 


EMINENT DOMAIN— 
See City Counselor; Condemnation; Streets, Alleys, etc. 


[ ANNOTATIONS. | 
See Condemnation. 


EMPLOYMENT AGENCY— 
See Intelligence Offices. 


EMPLOYES— 
of city, compensation of, to be fixed by assembly, excepting 
day ‘laborers (clause iS) ey toe irate. sake eek ee ee 304 III 
HNGINE HOUSE— 
power to erect, purchase or rent (clause 3)................ 328 III 
ENGINEERS— 
power; to;license:same: (clauses) eis s cae un oars aes 333 III 
using steanl dollers.-(CClAUSE Mi jine ue eo ale ae ee ee Doe FLT 
ENGROSSMENT OF BILLS— 
isvunder supervision) OfAcommitteere. escuela cere ee 311 III 
amendments to be incorporated by engrossment............ 311 III 
EPIDEMICS— 
proclamationiol Mayorminitinie Olt. eke eas eee er ees 446 XII 
power of health commissioner in time of................... 446 XII 
power). of boardwotchealthemMstinie. ofan at es hie ee 446 XII 
expenditures; hows DrOvided VLOrisian ees ke eh leek eee oe 446 XII 
expenditures shall not exceed appropriation................ 446 XII 
EQUESTRIAN PERFORMANCES— 
power to license, regulate, tax or suppress (clause 5)....... 330 III 
ESTOPPEL— 
[ ANNOTATIONS. ] 
tojattack ordinances, we een yi ieee ers ornare ee 309 
to; deny. dedication: oF- strects. Cle sis ie a ie tin eee 383 
of owner in suit against him on special tax bill.......... 419 
doctrine of, as applied for or against the city............ 456-457 
to: claim. Salary When aes cree in ate ence re mR etn eer ere 461 
EVIDENCE— 
[ ANNOTATIONS. ] 
how, ordinances<Droved Gillp ews ee hide bolrane ate Skene eae 309 
parol, to show ordinance not properly passed............ Hen 
TECOTOS OLB Pri ae er ieee a een Tok ee el Cee ne EN 359 
Special taxcbills prima sacs: bc pucwesty ass als meee ale 418 
EXAMINERS OF TITLES— 
power to license, tax and regulate (clause 5).............. 330 III 
EXCAVATIONS— 
[ ANNOTATIONS. ] 
rule as to duties in case of, city cannot alter............ 338 


EXCEPTIONS TO COMMISSIONER’S REPORT— 


[ANNOTATIONS. ] 
in’ istreet-opening cases tidy ca Na tee ie ke ee ee 390-391 


SEC. 


26 


26 


CO OOM CO 0O 


26 


26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


EXECUTION— 
[ANNOTATIONS. ] 


cannot issue in street opening cases for special tax...... 


cannot issue against public school property 


EXPLOSIVES— 
may regulate storage of (clause 12)..... 


FARES— 
See Street Railroads. 


FEES— 
See Salaries. 
no salaried officer to receive fees (clause 8) 
for inspection of weights and measures, 
LET LILOCONG huts ie Soccer tn oe ee eee 


[ANNOTATIONS. ] 
salaried officers receiving............... 
of witnesses, when disallowea........... 


FEMALE HOSPITAL— 
See Hospitals. 


FERRIES— 


DUE Véaw Sere ee 6 Oa ee 


Se in ae fe as ja fal Bee eer e 


“to be fixed by 


9p) 6 fe erate e Goe eee ane 


Ce Cale, Wi dls ates oe Rene 


ow ele ies, die ele) wlene) © (8) 6 


municipal assembly may regulate and license (clause 4)... 


may sell ferry privileges (clause 4)....... 
may establish ferry rates (clause 4)...... 


FINANCIAL AGENTS AND BROKERS— 


2 96) a) 6's. 01m #8 le ce foe ee 


ef We epe eo aLele, Suey's. éhare, 


power to license, tax and regulate (clause 5).............. 


FINES— 
See Workhouse. 


power to impose, collect and enforce (clause 10).......... 
commitment to workhouse for failure to pay (clause 10).. 


Tee MA EV aT INTL, & OLG co aa.s sceiets wheal deal 
to be unaffected by charter, when.......... 
PIER ORELL RDO «pw hilete oR Klee ele elas te 


[ ANNOTATIONS. ] 
and forfeitures go to school fund when.. 


FIRE DEPARTMENT— 
bonds for buildings, etc., for (clause 1)... 


bP 650; 6 @) 8 6 Fe".e 10 1S igre Ne) e: 


Le Se ae ese. e| Chiat we eae.) 8h te 


a @ 6, @ bo w € Sie & we Be 


ays) @) els '6 6-6) 6) er eae ae 


sy wee. \ Lola, Pha wee wes 6) lor & 


to be under control of chief of fire department............ 


chief to be appointed by mayor............ 
ERY COMES DVCOTITIGLL oy chckods vol tedehary iste wocleha eeu 


shall make annual reports to mayor...... 
Se PUNT RANE TALES 2715.55) 3) aoe &, 5 SPS ala ohses pau os ane Sinha Oe 


MC. #640 6) a eels a) er ela e 


Cae ble m® Cee ay) wl) Cae co 


6 ia bs 6, ee Gee 0) sb) Br ie, Wie Neue 


ab 6 C0) oe ie eye Clas for be, 2 


to appoint officers and employees with approval of mayor.. 


Ponave: cuarce Of all property s . on doused 


eC Awe Kee 6 Ole SV we ey aerene 


to purchase or hire engines, apparatus and horses, when.... 


chief to have police powers at fires........ 


s 6.0) se @ 6 4 406 G6 6 8 68 


assistant engineer to exercise police powers at fires........ 
chief to inspect buildings in course of construction......... 


[ ANNOTATIONS. ] 
liability of city for damages caused by.. 


duty of chief to inspect, transferred to Building Commis- 


CE al ae a a a er ee ees reel ye 
FIRE AND POLICE TELEGRAPH— 


6) e885 es 66106 Si pee. €..0 .6. 56 


superintendent of to be appointed by mayor............... 


SeEEMIEIAAE UAC U TOUL W CATS 6 oi ss 0-cie 1s ee ina 
first appointment for two years.......... 
Bar OWEU DY. COUNCIL. 5.. T's. 2s ale a Checeienus 
shall make annual reports to mayor....... 


t's Pee. eek © 66) 6. "e w oi 6 @ 


. ne. Coe ow S Ewe Sele bee 


C eid. SW 979) Ge S. 8 PE. Bea ew 


TE) Papas SAK). O +1 Os O10 9OLe. © 


PAGE. 


387 
389 
448 


ART, 


III 


Ul 


Ay P 


II] 
III 
III 


gle! 


ta 
Ill 
IV 
XVI 
XVI 


III 
XI 
XI 
IV 
XI 
IV 
XI 
XI 
XI 
XI 
XI 
XI 
XI 


IV 
IV 
IV 
IX 
IV 


489 


SEC. 


26 


26 
26 


bo 


TW ONE HE RBA OHH OD 


~1 © po bo bo 


490 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. ~ 
{des to State Laws for St. Louis, pp. 225-256. 


FIRE-PLACES— 
may regulate construction. of (clausesl2) on... ..) vee aoe 


FIRE WALLS— 
may order and regulate building of (clause 12)........... 


FIREWOOD— : 

may regulate inspection and weighing of (clause 7)....... 
FIRES— 

power to regulate storage of combustible and inflammable 


materials: (clause 12 eae. oe ace niece ees nee ee are 
power to regulate use of lights and candles in stables, etc. 
Colausel 2 joek. bo a ea eae ay) ee de eee ee ee 
power to adopt precautionary measures (clause 12)........ 
power to compel persons to aid in extinguishing of (clause 
LD) i PR re are tery ee oe eran ee Com a 
power to compel persons to aid in preservation of property 
(Clause (12 ries sbi vk tes peetaee kee Ae ney, ee ee ee 
power to enact strinzentolaws;ee@tCn ciency ci ence eae eta 


FISCAL OFFICERS— 
CORTE Hoa. oa eid wcetaie Se Ctra eer eee ke Rie eh ek cia aed ae ee eee 


FISH— 
may regulate inspection and venaing of (clause 7)........ 


FLOUR— 
may, Treculate inspection of*.( clauSé6.7 ) i. ere ae ee 


FLUES— 
power to regulate building of (clause 12)................. 


FOREST PARK— 
repeal of special acter ea ee oe ik ee ae 


FORESTALLING— 
power to restrain and punish same (clause 7)............. 


FORFEITURES— 
See Fines; Franchises. 
power to impose, collect and enforce (clause 10)........... 


Of offices). ox ieee Se a ees ene oe eee 


to be unaffected by charter, when. Seco. cen 4 eae ee 


FORTUNE TELLERS— 
power to license, regulate, tax or suppress (clause 5)...... 


FRAME BUILDINGS— 
power to regulate or prohibit erection of (clause 12)....... 
regulation as’ to:;erection Ofeise oat ven e.. sete eee ie ere 


FRANCHISES— 
See Municipal Assembly; Street Railroad. 
power to grant for railways, etc. (clause 11)............... 
assembly may sell franchises for street railroads and to im- 
pose) tax: ands Hicensevn Ge nica cued at ots sibse Ridin kt a eee ee 
surrendér of franchise; how effected. sic, ubaus ee ee cele 
to be forfeited unless put in use within one year........... 


[ANNOTATIONS. ] 
city: cannot confer; MOnopoly.2 soe eel ee ee ee Ce 


to steam railroads in streets, when void................. 

to street railroads—See Street Railroads. 

to railroads, effect of reservation clause to alter, amend or 
TEPCAL | be dices aS ayy pte eh are ele i eee el ae ee eee 


ART. 


1II 


PL 


III 


II] 


III 
III 


III 


III 
III 


VIII 


alala! 


SEC. 


26 


26 


26 


0H 


INDEX TO CHARTER. 491 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


FRAUD— PAGE. ART. SEC. 


[ ANNOTATICNS. ] 
MeDeme Hr VOLOS: ATi KOrUiInGNCe 5k! na vate ok eld oe ee a eee ae 315-316 


FREE BRIDGE— 
See Bridges. 


FREEHOLDERS— 
See Condemnation. 


FREE PASSES— 


Dieatrecs rauronde, torpiaden {clause 11}. ese « ite ee 337 III 26 
FRONT FOOT RULE— | 
foe VI 1 
i i 395 VI 14 
SILA PRCA ACT OI WETS c.c-< a's us baal lage CA en On A ‘ 404 VI 18 
| 426 VI 29 
[ ANNOTATIONS. ] 
revere ani sustained, by the:courts 16.4 «<a side see 398 
FRUIT— 
may restrain and punish forestalling of (clause 7)......... 334 III 26 
FUEL— 
may regulate inspection and weighing of (clause 7)........ 334 III 26 
FUND COMMISSIONERS— | 
RUPE IMEC SET INOTEHACE SC) Go oko) 8 is he nck 6, a. s  shca alee atts Lap nen ge oe ee ate 355 IV oe 
to approve bond of bank receiving city deposits............ 355 IV 22 
revenue from water works, how applied................... 430 Vil 11 
PERM EIOTLOLAWALECL: DONGS 2 ss a siacas csc boa thane Ceone ee eee ele eee 430 Vil 11 
Procnederia sale OL parks. to be: paid Losi i). Sader eee ee 431 VIII 4 
disposition of proceeds of O’Fallon Park bonds............ 432 VIII 5 
disposition of assets of sinking fund under control of fund 
ERI ISSIOU OTS b.. hak Psy ec sda os atwie eibratensdenes © Se ate eae eres 450 XIV 4 
FUNDS— 
See Sinking Fund; Harbor and Wharf; Water Works. 
Phen rOleGiLy LO.DE CEDOSLLEU es 525s nreh s,s) ee ce Se odeuele esate la wen epee 354 IV 22 
RO tS eCe IS WU DIIG! DULLGINGS o574 oink ccrces », che o's ciel evel etenmemn hove 367 V 1 
[ 354 IV 22 
| 356 IV 24 
| 308 IV 30 
collections by city officers to be paid into city treasury..... 4 370 V fi 
376 Vv 31 
429 VII 9 
| 461 XVI 18 
TTA LEOTICOLA ES Petes sis by Svea ete ees Oat ne te earn ales 369 V 6 
p § 429 VII 8 
PER COLIN GIVIRRUE 407) rs vocliehs. os dens selene ath la ca 9 ola! ate etek er a otahen es 1 499 VII 11 
ED EWEPRERETT CL PTS ee tA aka ota! ahs eh aos eee eg Mees te eta arene le eas 434 IX 7 
(> 
GAMBLING HOUSES— 
WEE OSU pDTeSsr( CLAUSO 1G ) oo. s.<:ecn ais Comp dates lggha ne aneate (2h 330 ITI 26 
GAS— 
city may regulate price and quality of (clause 7).......... 334 Ill 26 
GAS COMMISSIONER— 
mermiber ofb. PF. 1. .when appointed ¢ iaiseeew ees ithe ys 345 IV 4 
to be appointed by mayor, when...........ceeeeercnvesens 345 IV 4 
to have control of all property belonging to gas works...... 361 IV 40 


shall supervise erection, repairing, lighting, etc., of street 
Sie yo) 5 2 rn ee eet Mane Ene ae eeie 361 IV 40 


492 INDEX TO CHARTER. 


Index to ‘Scheme, pp. 279-286. 


{ inaex to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


GAS PIPE— PAGE. 

connections to be regulated by the board of public improve- 

TOTES. a Sea he Ee ROS In ered eles no es ON ne a ne a ae 394 

GAS WORKS— 

city may ‘purchase and hold “property Lore... wey aa sie ater ct 294 

to .besunder charge! of gas: COMMISSIONEL i. rai sues ners es 361 
GAUGE— 

uniform: gauge: for. street: railroads... ae ee oe 439 


GENERAL ORDINANCES— 
See Ordinances. 
revision; of requiredrevery. tlvecyedre: tole ee eee 5340 


. [ ANNOTATIONS. ] 
PE VISION SOL seit ae Se tee eek ote ee 


ion 4 Si eens, Muah 340 
GENERAL WELFARE CLAUSE— 
city may pass ordinances to maintain peace, good govern- 
ment, and general welfare (clause 14)................. 338 
[ANNOTATIONS. ] 
Cases, WHETC AP DITAM ey gehts ies aisle ere ee gata el ee 339 
GIFT ENTERPRISES— 
power to license, regulate, tax or suppress (clause 5)....... 330 
GLFTS— 
city may receive same for charitable and other purposes... 294 
341 
city carinotimake; whens... :. ected tte ae Gees eae eee ce | 
458 
[ANNOTATIONS ] 
City;.as<trustee:in > testamentary, .72ac es cee eke ee ee 295 
by..city of public;money,jare-void.oe nek vise ae te 342 
GOATS— ; 
may regulate and forbid running at large (clause 9)........ 3090 
GRADE— 
See Special Taxation. 
city to pay damages OY Chanee: Of is, ua. ee oleae ie aa een 405 
GRADING— 
of streets parla bey sso ten atin erga aa. i uamanete eyelet nee eDiets 395 
BpeClal Taxation TOV sinc eo anaes ea tela e imal en ta Uaemnene wren al 404 
[ ANNOTATIONS. ] 
change of grade of streets, action for damages........... 405-407 
rights and liabilities of the city and property owners.... 405-407 
SUDIECT GISCHSSE dc eH wie A ile Rice hoa a tei eae 405-407 
GRAVE YARDS— 
all interments to be reported weekly.................--.--- 447 
interments forbidden without certificate................... 447 
penalty for failure;to report weekly c, sc.t ance taaeecrar eo ane 447 
[ ANNOTATIONS. ] 
not: exempt, trom: speciabwaxation:... 40 ee mie ae 398 
GROCER— 
power to license, tax and regulate (clause 5)............. 329 
GROUNDS— 
public, power to sell, lease, etc. (clause 3)................. 328 
GUARANTY— 


In CONTACTS) LOT SDUDLIC! WOTK pe oo ae ohn oe ale ag te ee 1 401 


ART. 


Ill 


III 


III 


VI 


VI 
VI 


XII 
XII 
XII 


Ii! 


Iil 


VI 
VI 


29 


26 


ike 


14 
18 


11 
12 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


GUNPOWDER, ETC.— 
power to regulate storage of same (clause 12) 


05 2 Vall © eee 8 66) ee 


} eg 

HACKNEY CARRIAGES— 

power to license anuaitax: (clause 5 )eoci%. i ec uty a eben e cles we 
HALLS— 

public, power to license, tax and regulate (clause 5)....... 
HARBOR— 

See Harbor and Wharf Commissioner; Harbor and Wharf 

Department. 


power to construct improvements in (clause 4)............ 
to regulate wharves and marine railways (clause 4) 
to guide or deflect currents of river (clause 4)............. 
to regulate and license ferries, towboats, etc. (clause 4).... 
to sell ferry privileges and regulate ferries (clause 4)..... 
to create office of port wardens and regulate the mooring of 

ESC LE MTEL LSC OAR) varies Dora ahs ehiou sh ove /ranaye ahakorenet Gere eae oie 
to charge and collect wharfage and tonnage dues, levee 

rates, etc. (clause 4) 
limits of harbor 


4 0 "ei <6: (eo +6), © 


SEG at pe weet or eSehe. tet nt a ef of ah at atetearele query etereneret 6s) s,s 6) ele 9 6 


me 6146.6 je) 0) ee) €)'S reve! Oe. 6/0, 6 6 (6) @ ee age (ee) & 6 eke Ts 6 16:61 6) «0 a) ef 6 


6 S10) ie 6. \e) (Ol 6)! 6 we ie) eh enieyera) Oe 6.4 (©. 1d 0) a wet e .« 


ADDTOVEO TO VE CUUNCLL Gee eval bs nko Pee ately cian tains 


shall make annual report to mayor 
shall be lead of harbor department... sical. 6 athe etoarstyew diate 
shall have charge of construction of repairs of dykes, wharf 

BEES Ch LE Cee iia Neu ad's ay ca it'c Yer cote (aa w Weta ian h es eis iar mick neta Baan 
shall have charge of execution of all ordinances in reference 

UN TRAY CRT IOP Ne oh coca vk heal cece Pain ad ah Ramee dear MeL ee Ks ore osha 
shall furnish collector information, when.................. 
to devote whole time to duties of his office................. 
IAPs LOL ee UC OTs chs epee tees sds oaset cha be tier heen Bap tbs: ots as A oka 
Pisseelary a GEDULICS “ANG” ASSIGCAIN Siu Sccds ast thereto ss Serduaye: Bt oe 
EIB Ctl Ons OF COMIMISSIONET + alsa. ack ate Meo ise eutenserer ane aay ehensaten.s 
regulating the landing and stationing of boats, etc.......... 
M1 Pees TOMOvVAl OL CATEO, ATC) TEGlE LG ae os es coreatiw te te sus So oresmane 
keep wharf and shore free from obstructions.............. 
BltLnority ananuties- of COMMISSIONGH eae suchas + eee dren ois 
shall make out bills for wharfage and levee dues, etc...... 
shall report violations of city ordinances, when............ 


HARBOR AND WHARF DEPARTMENT— 

to be under control of harbor and wharf commissioner...... 
collections from harbor to be placed to credit of harbor fund 
FesIe CRE COLLGCLOO LOW. Tesla ease) ata ie otueiehe wale teen tr are Sats) Osiee 
BPTI OL OW List LOR LE ok sstathie ch oie ie, a ames aye aetna HLS, coe Rekas 
owners of wharfboats forbidden to receive commissions, 

War EY CRIM ion an x A di vite hs oad ab ia iaal eer RRL Anabel aeddeeeaiere: tt oe bo 

BDL CV SORA EACLE oid onl s Boece sod Se ace ev ieigials ote ce era Tes 

. wharfboats not to affect wharfage dueS..........c0c.s00005 


HAWKERS AND PEDDLERS— 
power to license, tax and regulate (clause 5)............... 


HAY— 
may regulate inspection and weighing of (clause 7)....... 


HEALTH— 
public, may be secured by necessary measures (clause 14).. 


O79 (at0 0919. wet ee) a lelte ee) sells a ve) 6) 6, 6 


PAGE. 


6) & 
vow 


ART. 


II] 


III 


III 


IT] 
III 
III 
III 
II] 


ti 


FLY 
IX 


IV 
IV 
IV 
IX 
IV 
IX 
IV 
IV 


IV 


IV 
IV 
IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 


IX 
IX 
IX 
IX 


IX 
IX 
IX 


Ill 


III 


III 


493 


SEC, 
26 


26 


26 


26 


co CO he 
w” rm ~] DS © DO CO CO LO 


Co ty 


ODOVUNOFPNWNwWWODW 


ona 


494 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp, 225-256. 


[ANNOTATIONS. } PAGE. ART. SEC. 
general: welfare, | 6tG 3205 Gas Se ores etic Pete ee eae 333 


HEALTH COMMISSIONER— 
See Board of Health, Health Department. 


appointed! “DY; MAYO) hls yor ietn iets Pete ule Sede ene ner es 443 XII 1 
: 348 IV 9 
approved DY: COUNCIL: Fora as Wide ee ete cen ae eee eee 443 XII i 
shall devote his whole time to duties of office............. 350 IV 11 
HEALTH DEPARTMENT— 
See Board of Health. 
CYERCLON Of Nee SORE, oat oboe Peoeneieh welche Ree a ent Seen 443 XII 1 
to be controlled by board of health and health commissioner 443 XII ] 
health commissioner to be appointed by mayor............ 443 XII 1 
z 364 IV 47 
Bhal makevannual Yeports LOsImavoD.. se. eee ree XII 3 
term’ of officéiand bond yoo. c.. be eke ee ee ee ee 443 XII i! 
Galification col evi eke sie ele eke Wikia create Gen Cen re es 443 XII 1 
dutiés' of, Commissioner..02. ioe, ee ee ee 444 XII 3 
may make rules and regulations with approval of board.... 444 XIt 3 
may appoint employes with approval of board.............. 444 XII 3 
may. examine, bulldings lots etc... s.r eee een oe 444 XII 3 
may require employe of police force to examine............ 444 XII 3 
may declare-or-abate nuisances: uetoe eu oie eee sees 444 40 3 
condemnations must be approved by board of health....... 444 x LE 3 
action “of board’ of -nealth"to berinal..s. 4 ee ee ee eee 444 > 6 w| 3 
commissioner shall obey all orders of board................ 444 XII 3 
shall provide for registration of births, marriages and 
CLGAUIS -s Sa" Eis eis ac a tal ater ee an beste orcas peta eR cade rae ah 444 XII 4 
shall have charge of hospitals, asylums, etc............... 444 et 4 
superintendent of hospitals, how appointed................ 444 XII 5 
superintendent of insane asylum, how appointed............ 444 XII 5 
appointment of employes by health commissioner.......... 444 XII 5 
power of board and commissioner in reference to nuisances. 445 XII 6 
notification’ LOFOWNErSinn: 2. oes ee ee a ee ne ee eee 445 XII 6 
penalty fori failure: to abate fs ice ie sca ee eee ee 445 XII 6 
notice by, Duplication ey a eh perenne eee 445 XII 6 
cost of abatement to be assessed as special tax, when...... 445 OL 6 
gontracts for*abatement fee en eed © ee re ee ene eee 446 XII ff 
proclamation “in; times *omepidemicw t,o vcs cee Were eee 446 XIT 8 
authority of commissioner and board in such cases......... 446 XII 8 
extraordinary powers to cease upon order by mayor........ 446 XII 8 
record of: acts and order of commissioner. v0 4.2) ees eek 446 XII 9 
duties of puysicians in reference to burial certificates....... 446 XII 10 
all interments to be reported weekly to commissioner...... 447 XII vel 
reports to specify names;ages, eters ya. % fins hima we bee 447 XII ar 
board of health to keep a full record of proceedings........ 447 XII 14 
clerk of commissioner to be clerk of board................. 447 XIT 14 
[ANNOTATIONS. ] 
board of health—See Board of Health. 
abatement of: nuisances 22 04 Fue ae ee ee ee 445 
HIGHWAYS— 
See Streets, Alleys, ete. 
citizensexenipted | from working oniai hc. es eee ee 457 XVI 8 
[ ANNOTATIONS. ] 
See Streets, Alleys, etc. 
Mississippi rivervis (a nhighwayisoc. os 6 crs ee eee 296 
bridge over Mississippi is proper*highway............... 382 
HOGS— 
may regulate and prohibit running at large (clause 9)...... 335 III 26 
HOLIDAY— 


legislative act prescribed half, 9n Saturday.........\...... 350 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Index to Ordinances at end of Rev. Code. 


HOROSCOPIC VIEWS— 
power to license, tax and regulate (clause 5).:............ 


HORSE AND CATTLE DEALERS— 
power to license, tax and regulate (clause 5).............. 


HOSPITALS— 
Cliy many purchase and nold property [or .f. o.vede ssc ee ee 
Biuy iiay. issue ponts, ete. for (clauseécl)} ?sieci. cc 2. ste cee 
power to establish and regulate same (clause 5).......... 
to be in charge of health commissioner and board of health 
superintendent of city hospital, how appointed, etc......... 
superintendent of female hospital, how appointed......... 
superintendent of insane asylum, how appointed.......... 
superintendent of quarantine, how appointed, etc.......... 


HOT AIR FLUES— 
may order and regulate building of (clause 12)............ 


HOTELS— 
power to license, tax and regulate (clause 5)............... 


HOURS— ; 
eb rea a TLS IEE VAC oo os osc cl yb. ea ho ate See ate eT chs Gece ee ne 
SaLoriae wi aluOonday. .DY SLALG: IAW 2 oS) Jase cradle cuales cltia ota tons 


HOUSE OF CORRECTION— 
Siveliay Durciace ang Nold' property fOr. ie ees porn aes 
power to erect, purchase or rent (clause 3)................ 


HOUSE OF DELEGATES— 
See Municipal Assembly. 
rate wr ocemunnlicl Dal ASSCMDIY ... 3 5 cic Asters s./a.cne wines ore Mees kinks 
LO_ecOnsiIst. OL, One member: from each ward... 3... cc. ec eee ke 
Pee ere BVEPY! CWO. VECALS di icials a wicie stele wilenpe le aie ee wa see 


qualifications of members of house of delegates............ 


Pere MeE ETC TITOTY) IGT ES Ae ot le basteh goad se es a 6s oar aon te CET 


members of, shall not be interested in city contracts....... 


OEE CE ROL LCE WHLOD 5.) ohars le Bix. Din *cie «la ois 'eMarge whactalene re eietdlalate wee 
pene EGRET TIMELY AL LEO 4 9a Cue alee tease cata hous tal oh Nema ian eaelt whe he 
Pere ETI LoL OW VC ONMLCOT Sir, 3 dte'd a beatae eh oda eon ales Wiaie ere kel 
to be sole judge of election of its own members............ 
Pe woe pe COLLinGOK LO WAV OR: i. occ eee bac as Boe uel enue 
iayranon Tules.to FOvern proceedings... <5 sa ae ee es ok & 
msvrarvescconu punish for contempt. iii. sews ase cae e bee & 
may expel a member by a two-thirds vote.................. 
presiding officer to be designated “speaker”................ 
majority of members necessary for quorum................ 
lesser number may adjourn from day to day.............. 
may compel attendance of absent members................. 
Seecrone: 16 pesneldewith:open | dO0oTssn.s Wikies Wh ea Ra 
consent of both houses necessary to adjourn for more than 

BUCRSYE CELE ES ac sts cacao) he Tee a to, 4. a We Pe A gag Se eo ot an 
BOeEGe a JOUrnal Of PYOCCCCIN AS)... - ai. jathinm web yele sede celelewmin, ans 
mempers miay demand yeas and NAYS. cee ci ws we eine ee 
members absent without leave to forfeit one dollar........ 
See Me MELEIOTT CT CTO DCIS... vis «e's dis sw eae alg 6 0 ie Vinee HoeLsoe a 
power to compel attendance of witnesses and production of 

BE EY rain sic bfx wo soos «Ose PS 9 bal et OE sope Be ee ev ek 
speaker or chairman of any committee authorized to admin- 

TPL Te SIVA WT I CTICRSOS ue s a cine fdas he alae cbr Oe pe ak 
speaker of, to discharge duties of mayor when............. 


PAGE. 


330 
330 


294 
320 
330 
444 
444 
444 
444 
444 


307 
329 


350 
350 


294 
328 


305 
305 
305 

(305 
1 305 
\ 348 
| 352 
306 
306 
349 
306 
306 
306 
306 
306 
306 
306 
306 
307 
307 
307 
307 
307 


307 
307 
307 
311 
311 


342 


342 
352 


ART. 
Ill 


495 


SEC. 
26 


bo 
for) 


bo bo 


STOTT OT OTR DO eH 


26 


26 


11 


A 


_ 
MHA DDMMHAMADARDOAAGOTAOYS SE 


496 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


HOUSE OF REFUGE— 
power of city to issue’ bonds ‘for ‘(elause®l jG hea 
superintendent of shall be appointed by mayor............ 
term :Of office four: Veard ee ee eed eee Rare ae eat eae 
first: appointment for two “yearssow. see ee eee 
Shallomake annual reperts, to: NAVOr. 66 ee eee 


Index to Ordinances at end of Rey. Code. 


[ ANNOTATIONS. ] 
now “St. Louis Industrial School.’ See that title in Jn- 
dex to Revised Code. 


HOUSES OF ASSIGNATION— 
power to: suppress: (clause :3) oy a ee Rain ce te ra teeters 


HOUSES OF ILL-FAME— 
POWET tO SUDDTESS SC ClAUSELD). ct ein ewe hes eee eee ea 


HUCKSTERS— 
may be regulated and suppressed (clause 5).............. 


I 
IMPROVEMENT ORDINANCE— 
TEGDISIEE “OR Oia. Wea ie to eG ade or creat ie Den a (Nak tie ane 


may specify term of years for which work shall be main- 

CALM Me  ontms aretace tele alata cae le at an aie eae en dee ee Yea 
estimate’ of cost, toc bev endorsed ons wei aes eee eee 
LO* Contain specific ADProDrigtlONs c. sae e eee ee ere 


[ ANNOTATIONS. ] 
CISCLUISSEC Bere aren ana! Ue AS Hee ae aeons es bina Wa iat Save deat ea ae 


IMPROVEMENTS— 

See Board of Public Improvements; Condemnation; Ordi- 
nances; Public Improvements; Special Taxation; Spe- 
cial Tax Bills; Streets, Alleys, etc. 

ordered” Dy -ordinancevonly duns sis cous eis aie oe eee edeie eee wise 


recommended by board of public improvements.......... ig 


INDEBTEDNESS— 
NOWUDLOVIGEC EEO cre re eth east ene iene RG eee een arn aie awe aa © 
DY (bonds. of city “(Clause “UN ttc ches wanes age ae ee ee oa 


[ANNOTATIONS. | 
BETO WHATS. Uy Ree chit Baba ents eect Oe a srk fa We ae an 
Provisions, limitations, SlCr. weiss se Ge ie ores 


INJUNCTION— 
[ ANNOTATIONS. ] 
when will lie against enforcement of void ordinance...... 
azninst steam ‘railroads /invstreetsr sce aude meee eerie ee 
against change ofverad@. cx. yo ee Fea tee ee ee 
does not lie to compel construction of sewer in certain 
manner: Or; locality Us aise Gwe alee Cae ae ie ce 
delay from, no excuse for not completing public works on 
10: ORME UE RPMS MOS YB IP) Acie ke SPY SINT Bid ay a VELA MURA ara Doel aM MA 
by street car company against another to prevent use of 
ATSOLTACK DS wo. five ck a ice Ee ein RAN e this a ee 


INSANE ASYLUM— 
right of cityoto issue bonds for) (Clause 1). 7 kaveweoaeeen 
power to erect, purchase or rent (clause 3)................ 
to be in charge of health commissioner and board of health 
superintendent of, how appointed, etc..................008- 


INSANE PERSONS— 
power to provide for support and maintenance of (clause 13) 


ART. 


III 
IV 
IV 
IV 
IV 


Ill 


II] 


II! 


VI 
VI 
VI 
VI 
VI 
VI 
VI 


III 
III 
XII 
XII 


Th) 


SEC. 
26 

2 

2 

2 


= 


47 


26 


26 


INDEX TO CHARTER. 


Index to Ordinances at end of Rey. Code. 


Index to Scheme, pp. 279-286. 
( Index to State Laws for St. Louis, pp. 225-256. 


INSPECTION— 
of lumber and building material (clause 7) 
DLEMAE OOM Gh Ss CLOUBE. 1) a ony cols w atete ate tlie ait aloe, ole Bethea 
of steam heating apparatus (clause TD aia ere Bee Ona elie miata 
of various articies of food and manufacture (clause 7) 
of hay and stone coal (clause 7) 
IMPLIIPCRITe OL LUG COLAMAGL TP ol sti iln ine eh aly gia ie eaicla Oude Nhat 
CLBNOAL, /DOWIEDN CUS eLCon( ClausGo7) ) faut didi omdae meu wn 
BrUciGSiOL SUIPMEeNL ExempU (ClAUSE: C) 2... kucielh ceric ey bc ele 
Oreecn les welents ANG sNeasureast {it cw ac sake Cac wae owe eaves 
fogs 0) De Sea DVLASBEIM DIV? uc ee ce oaks wilelk aera 
use of uninspected scales, weights or measures prohibited. . 


es Bie) O20 (0) 6 ce. te ee 6S) 9 e 


S72 8) Sse Ube Oe 8). 0,9 Oe [er OSG) ef Os 10, ® 


[ANNOTATIONS: ] 
of milk, cream, butter, etc., ordinance valid 


INSPECTION OF BUILDINGS— 
See Buildings. 


Cer a) 40) oe eye, oe) aeene 16, 


of buildings, lots, etc. (clauses 6 and 12).... 


Tesulaclonevgs tO frame. DuUldINgS. ais daa cee ee See. 
chief of fire department to inspect all buildings in course of 
RESET REEL OLE Codie koe este ood dire es) Giese ATA en eC ee SS 


6 OO Ne OS, @ 6) 6) 6 


[ANNOTATIONS. ] 
duty, transferred to commissioner of public buildings... 


INSPECTOR OF WEIGHTS AND MEASURES— 

must be qualified by practical experience (clause 7)........ 
LORNOREICCLOC TL EVOCLY, LOUD VOATS.. oiler cnc ei SI Ge alate eens cd 
shall inspect all scales, weights and measures.............. 
AeeGnOLy LOviia. Lees (form inspections ae Oa oer ay 
inspector to report collections monthly to comptroller..... 

to pay ‘collections daily into city treasury...:......0.....- 
LOE RPO APeGOTIL) OL ITISDOCELONG ocie cided asic cg isan el ete caste aes 
shall receivera. fixed: salary for services; +... 065.560 ewe es 
use of uninspected scales, weights or measures prohibited. . 
siigiiemare sanniial (reports to Mayor i ak ssa eee ole Rte ee 
Pree OT UEDR I EPO E IIT ILO (cs. aicinid ek oath Ss ier wa ke ody nua Rot nare 


INSPECTORS AND GAUGERS— 
power to license, tax and regulate (clause 5)............... 


INSTALLMENTS— 
See Special Tax Bills. 
Cetrain special tax bills payablevin. vale ele us ee eek 


[ANNOTATIONS. ] 
TOTS Cater 110) © 1 OWe DPICAGEGs, ons outer eincaieens Mavs fick eee atari hs 


INSURANCE AGENTS— 
Dower ouicense. | tax. etG. (Clause Goes AOL Were Game ew oe 


INSURANCE COMPANIES— 
power to tax, license and regulate (clause 5).............. 


INTELLIGENCE OFFICES— 
power to license, tax, regulate or suppress (clause 5)...... 


INTEREST— 
SMnanCeenLco wis Ol CILY:, DONGS.\: kb ve alole Mey me vid ate ee ten 
URC ICHMTL RTE SOT. WT IMGT c)c distace) Seach abets svete wihie) & obaln, © ture eters aie 
MATOTIOL WET ELIE ATL) STIATAIIMIONIG. a5) curs sb See's aed pttetase OVtAe Fgh esere 
SSRI CORE DE eM LIAS 2 occ, o dapie bidic Dathay ie cid, BiG GA etka Mh ameetel sak & 9 
on-special tax bills for street. sprinkling. - i... cs aes 


[ANNOTATIONS. ] 
when and how city may avoid, in condemnation proeeed- 
TUR EUs the ares hs 27, Bin “Givl ¢ WET whew deh tu We a aakala chin ok akon: 
COTTE E OR TENOR TELE A TIESAG So desire «90's espe) ow A archers Naa te bod ab a, lea eee 


PAGE. 


ART. 


III 
III 
Ill 
III 
III 
Ill 
III 
III 
IV 
IV 
IV 


Ill 
XI 
XI 


III 


III 


VI 


III 


III 


III 


III 
VI 
VI 
VI 
VI 


497 


SEC. 


26 
26 
26 
26 
26 
26 
26 
26 
30 
30 


ay 
v 


26 


498 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index. to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


INTERMENTS— PAGE. 
weekly report of, to be made to health commissioner....... 447 
reports ‘to. specify names; \azes; ete.) Jos es oe ee 447 
penalty. for-burial’ without certincate cc wa. ee eee 447 
penalty for fallures toereports soar pe ci nik ates eae eee ee eee 447 


JAILER— 
shall“be-appointed Dy *MayoOrn. ves. rd eee 345 
terrmosol ‘office; Tour Fears nin eis \ cntcisk wits a a ered ee x on ee 345 
firstvappointiment-to be for, twWouyvears 26 oe ee eee 345 
ADDLOVEA“DY (COUNCIL ee ces ee ee oe od i A on 348 
shall make annual Teports 10; MaVOreee a i ee 364 

JAILS— ‘ 
power of; city to issue ponds for Nelausesi yy: -3) 4. ee 320 


JOINT DISTRICT SEWERS— 
See Sewers. 


JUDGMENTS— 
temporary loans authorized to meet same.................. 353 
in condemnation proceedines.2 ci. eis te coe Se 393 
againstucity for) damawzes este. aces et meee kis ies eee See 457 
to be first enforced against other defendants............... 457 
liability sof the: city climited sv). ce ctes a eee ae) erent enema 457 
[ANNOTATIONS. ] 
executions “in: street Openings 75 ee es ee eee 387, 389 
executions against-school: property oes 03 see eee ee 448 


JUDICIAL NOTICE— 
[ ANNOTATIONS. ] 


Of CHATCED e's ise ae wa ¥isratace acd okie 4,881 Oe ee oe eke we Teese 291 
of city’s population, city is political subdivision, etc...... 291 
Of LOTAINANCES iss ss Sala Wee eke die ee eae ee eee 309 
JURISDICTION— 
[ ANNOTATIONS. ] 
over! MISSISSIDDI CR IVGTa scion cay Sco a conee be ene eee | 236 
of: board).of equalization metic optim cee ies ae 374 
in street: opening, widening. ete. 2G ee ees eee 386-387 
on appeal from street openings and condemnations...... 393 
to pass ordinance for street improvements in case of re- 
MonNnstrance |. Wacs see ile een Bs es a ere ee oe 400 
none, for street improvements not recommended by B. P. I. 404 
JURORS— 
assembly may fix compensation of (clause 8)............. 334 
JURY— 
[ANNOTATIONS. ] 
in: street’ opening Casesi:i: dae. an eee Get aso ieee de 391 
JUSTICES— 


See Police Justices. 


JUSTICES OF THE PEACE— 


concurrent jurisdiction with police justices, when......... 356 
JUTISAICLION “OTs Ge he Oe oie tia ip tee oe ere ee ee ee gen eee 356 
hold police court; .When ©. oo 3 sn voc cs oia's are meine eee ee ae ee 357 


[ANNOTATIONS. ] 
city considered as county, respecting.................... 292 


ART. 


XII 
XII 
XII 
XII 


IV 
IV 
IV 
IV 
IV 


III 


IV 
VI 
XVI 
XVI 
XVI 


III 


IV 
IV 
IV 


SEC. 
11 
11 
12 
13 


“10 BD bw bo 


20 
10 


26 


26 
27 
27 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


Index to Scheme, pp. 279-286. 


499 


Index to State Laws for St. Louis, pp. 225-256. 


| Kk 
may remove or prevent construction of (clause 12)........ Uae 
1 
LABORERS, DAY— 
assembly may not establish compensation of (clause 8).... 334 
LAND— 
See Real Estate. 
LAND COMMISSIONER— 
Milos Cilye COUNSELOL.Siiall. act.aS. ». . «ys eae toes clue 453 
LARD— 
city may regulate inspection of (clause 7).................- 334 
LATHS— 
powers<0 collect. wharfage. on (clause-4) 4.22/43... bene 329 
LAW YERS— 
Dower tax aud regulate (clause 5 )'s<% aco. wn «ote be Ces 329 
[ANNOTATIONS. | 
PERCE TULOLOS. CASING AS... fvcjcdene oe aiete bitte sae! 
LEASE— 
See Wharf. 
RUPEE O LOR LEVELS i ya Sg os mo «a afc oda le PLS cates ee a ee ee 
Peet Dee nwal ATi te Clase 4) oo 5c ain ve: oie Cateye eee CREE: aL 329 
Rig@tras eutares: eu, NOW Made. o.oo. ecebcay oe ee eee 432 
LECTURERS— 
power to license, tax and regulate (clause 5).............. 330 
LEGISLATIVE DEPARTMENT— 
See Council; House of Delegates; Municipal Assembly. 
LEGISLATIVE POWERS— 
See Municipal Assembly, and the Various Subjects and Ob- 
jects of Legislative Action. 
Pero miunicipal ASSCINDLY yo. 73 2.6 doe ss on eke wee es 305 
Sn eet he ASSEN DIV. sos ole as acid edn hase weal ee ee ne 320 
[ ANNOTATIONS. ] 
and their limitations, general note thereon.............. 315-319 
can only be exercised by assembly and mayor, not by reso- 
METMRPaMECTIa POTTING. a atc cee. Svs vteheke aleen dal tk siemens e eeae ates 318 
Bity not liable for non-enforcement ofits... 53. cee ee ae 319 
how far opening of streets is an exercise of............. 382 
LEGISLATIVE PROCEEDINGS— 
See Municipal Assembly; Ordinances. 
LEVEE— 
See Harbor and Wharf Department. 
LEVEE RATES— 
See Wharfage. 
LIABILITY OF CITY, OR OFFICERS, FOR DAMAGES— 
See Damages. 
LICENSE COLLECTOR— 
[ANNOTATIONS. ] 
TAREE BOO LI OCT OG DY. viv 2a. 0/s, 0 cdot Nadas eR eae os wate 376 
LICENSES— 
power to license trades, avocations, etc. (clause 5)........ 329 


power of assembly to provide for levy and collection of.... 369 


ART. 
ITI 


III 


XVI 


ile 


III 


III 


III 
II] 


SEC. 
26 


26 


500 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PAGE 
bankidicenses) how issuedia: 20.5 ee ASAIN Weare Ge Meet ahem ane 369 
blanks ‘toxbe ‘returned 23 2e si oth ae aes eee teen care een een 370 
forse of Water, NOW: S806. ai eine nikon ie aletan. tet eaten 429 


[ANNOTATIONS. ] 
collections for, now transferred by statute to License Col- 
LQ GEOR (Nin de siete ase ot Phare, vee ede ee TCS Oe eT I, Lt ea 356, 376 


LICENSES AND LICENSE TAXES— 
power of city to license, tax and regulate various trades, vo- 


cations and other subjects enumerated (clause 5)..... 329 
[ ANNOTATIONS. } 
power of city given by constitution..................... 330 
when valid yanGWwhenuvold ysis oc, Aa ccn fee la ae eeat nee 330-331 
LIENS (of Special Tax Bills)— 
street) ODenIN RS Fr ae el cc neem Rare EN Renee en ee 388 
; 414 
other: specialotaxs Dilley tts ia ere eles een eats ees 426 
445 
Hm tation |Oiec Save Cite okies elses ce eT ON oc ea kun Oe en ne 415 
[ANNOTATIONS. ] 
5 F 389 
Of (epecial -tax-billeices ee ee mavere werk sO ee nie ete ear 416 
Of7VOId (special tax-Dill ClOUGTONALIUIG ania). ate Gee 420 
399 
of special tax against two lots, when erroneous.......... 405 
410 
ofispecial tax-bills; when attaching fac 9.6 oe a eee 420 
LIGHTS— 
use of, in stables, shops, etc., may be regulated (clause 12). 337 
LIMITATIONS— 
of Tien }on specials taxa eae ae ia oe eee eee ee 415 
[ ANNOTATIONS. ] 
statute of, not running against city so as to lose its 
DIOPOLUHE 6 i) Fe phe cua cle 8 aude a Ree Wend ete ole ee ee 384 
Dut .runsain favoreol  CiCy circ) ae et tame arch orate en eee 384 
ofactions jonvenecial tax Dilisw. (inn. i) cue one ae 419 
LIQUORS— 
may regulate inspection) of 7 (clause <j) a... Soe eee aoc 
LIVERY STABLES— 
power to license, tax and regulate (clause 5).............. 330 
may regulate use of Hentiin' (clause, P29 os fase eee es ooL 
LOANS— 
See Borrow Money. 
LOGS— 
power to collect wharfage on (clause 4)..0.........40.,..6. 329 
LOT— 
meaning: of, term ‘as used An Charters Anh ess eaten se ae 397 
[ ANNOTATIONS. | 
IMB ANN SOL A MN eT seas stole alee aie te ed Rea es 6 a oe 399 
LOTTERY TICKET DEALERS— 
power to lieense, tax or suppress (clause 5).............. 330 
LUMBER— 
power to collect wharfage on (clause 4).................-. 329 
inspection ).of)/Colanse Tass ter ae on Oe ik cia ete eas 333 


LUNG TESTERS— 
power to tax, regulate or suppress (clause 5).............. 330 


itt 


VI 
VI 
VI 
XII 
VI 


III 


VI 


ITI 


Iil 
Ill 


III 


iV 


III 


III 
III 


III 


26 


bo bo 
VIN Woe 


bo 


bo 
or 


26 


26 


=< 


INDEX TO CHARTER. 501 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


M 
MAGNIFYING GLASSES— PAGE. ART. SEO. 
power to license, tax or suppress (clause 5)............... 330 III 26 
MAINTENANCE— 
380 VI 1 
' : 395 VI 14 
“ r J 
in contracts for public work........ beeen eee nee eee eee 401 VI 15 
403 VI 17 
[ ANNOTATIONS. ] 
clause for, effect of, in contracts for public work......... 402 
MANDAMUS— 
[ ANNOTATIONS. ] 
aeolst mayor colreyore void permits). 1 wd eee ae 352 
CIOL ea DNTOvVAL Of DONGS> DY sieu. . Ae cata chattel eee nad 362 
PMN Melinerciey LO Day 1lS, GOONS DY. © cfi/acces cess ew aie cbatane eke 367 
of auditor denied where no appropriation................ eM BE 
Beainse ecnool poarda to ‘compel ‘taxclevyt. .. mee ecu - 448 
PeEroCOvorarsa lary? (tue OMICEL © ci-col ee ce eerie ai oe eee el 460 
MANUFACTURE— 
of articles detrimental to health may be prevented (clause 6) 332 III 26 
MARINE RAILWAYS— 
municipal assembly may regulate same (clause 4)......... 329 III 26 
MARKET PRODUCTS— 
may restrain and punish forestalling of, etc. (clause 7)..... 334 III 26 
MARKETS— 
power to erect, purchase or rent (clause 3)................ 328 III 26 
city may designate place in city for sale of articles (clause 
ORME CRG Yow k SOL he Ra se one) eM ee ee RECN Wea, 08 So III 26 
Condemnavon ol private: property Tors vas gay et Aca ae 385 VI 2 
MARRIAGES— 
power to enforce registration of (clause 5)............... 330 III 26 
health commissioner to provide for registration of........ 444 XII 4 
MARSHAL— 
See “Marshal” in Index to Scheme; also in Revised Code. 
PratlapeneleCleds 1 Ory LOUT. YEArd 5.0. «oss aw por aks Crass oe Wher nucleus 344 IV 1 
may have such deputies as are provided by ordinance.... 351 IV 14 
Pe SEMIS EES ESN Sa eC) ch rs ot chia tah ag ean ls vole Sa oMenUanLe oer e CLD RLe i ease eae 358 IV 3 
; ; : IV 3 
to serve notice of Snecial tax) DINIS hs. Sle tenes ike ee eke ener ie VI 25 
shall keep a detailed account of the receipts of money...... 308 IV 3 
shall report receipts and delinquencies monthly to comp- 
Ber ay Leen GP ne inh css deotg, nko wid TK nal od eden ee aaa as 358 IV 31 
may appoint deputies with approval of mayor.............. 358 IV 31 
( 364 IV 47 
Ie GOD Re Gass a ae oho On ha Sa ibin ee BAe HS 2, Aree a ware am MN - 1364 Iv 48 
tomerve process of. circuit’ court, When.) i). ou cies a op a 388 VI 3 
Berrotioarninet. 101) falseerelurni< 022 suicide wloin «rae @ sbepinm heelals 414 VI 25 
MASQUERADES— 
power to license, regulate or suppress (clause 5).......... 330 III 26 
MAYOR— ; 
to order an election to fill vacancy in assembly............ 306 III 7 
to order a new election in case of a tie vote.............. 306 III 8 
to approve or disapprove ordinances within ten days...... ee III 23 


may approve or reject items of appropriation, when........ 314 III 24 


502 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Index to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. 
to submit to assembly statement of items objected to........ 314 III 
to transmit statement of items objected to, to register, when 314 i) 
veto! OF Ordinances yy os anise sie ee aR ee 314 III 
veto—how disposed of in assembly....................000- 314 III 
legislative powers of mayor and assembly................ 320 III 
and assembly, authority concerning election for bond issues. Earp | Tit 
summary power of in reference to nuisances (clause 6).... 332 III 
to ‘be electéd, for Tours years vice cee eee eee eos 344 1Va 
officers-appointed -DYvAs 2. Swe eee oe ae We cee 345 IV 
first appointment under charter to be for two years........ 345 IV 
subsequent appointments to be made at beginning of third 
year OL Mayor's (CEri. ae e cicie ein ie as tee eee ee en ae 345 IV 
shall appoint board of public improvements............... 345 IV 
may. suspend elecled oOrncers les ier vane tre eae eee rete pen eeens 346 IV 
may.itemporarilyo hilevacancies aves. 7008s Sees ae 346 IV 
shall notify council of the suspension of elective officers.... 347 IV 
shall’ present.charves to *Counel ly. ote nate eee eee 348 IV 
shall furnishvcopy:' of (charges to: officers....8 occa eee 348 IV 
removal: ofcappolntive: officers. DY 4.8 4. a ee ee 348 IV 
shall notify council of sich: removal=.. ace ee ee eee 348 IV 
may temporarily fill vacancies, whens ae cue ete 348 IV 
may remove officers elected by council.................... 348 LV; 
appointment by mayor, no confirmation, when.............. 348 IV 
shall) fill vacancies: created by COuUnCIT. -3 4.2 fie eee 348 iv 
appointments by mayor to be confirmed by council.......... 348 IV 
may continue to nominate until nominee is confirmed...... 348 IV 
new nominations to be made within ten days from rejection 
of riominee  s. . 5 heed SES Se ie ee ce een eee 348 IV 
349: IV 
qualifications Ofemay.0r 2s. a: eee ce sees Fi ae es ae eee {30 IV 
352 IV 
not required to devote entire time to the duties of office..... 350 IV 
to remove or suspend officer failing to devote entire time to 
duties: ‘oft Offices. is 8a tease eran ed, ee ce peas ee 350 IV 
removal Of @MAVOR. Ge. we Se ees are ate a a tte RE ete ee ee 350 IV 
vacancy-in mayor’s office, how filled... .....0. 5.8). ee 350 IV 
may remove any assistant [or Callsew,. oe. ee eee BOL IV 
office to be \ineCity Hall eee Vian vie eee ane OL IV 
to be chief| executive’ officer of Cily +. se. oe eee SEGA IV 
seneral duties! of (MAYO. +s ee ciao 6 ee oe ee ee eee 351 IV 
to’ enforce ‘laws and: ordinances? <ic 0. caw enw sie eer ce 351 IV 
may remit fines, costs, forfeitures and penalties, when...... aor IV 
may appoint persons to examine departments.............. 351 LY. 
absence or incapacity of mayor, how provided for.......... 302 IV 
may call special session’ of assembly... 3.5.5. ower sees «= 352 IV 
permanent residence of, to be within city.................. ay IV 
may authorize legal proceedlies i. eyes ee ee a ee lee oe 353 IV 
shall approve requisition in payment of public debt........ 353 IV 
to approve: bond Of COMPLOHer 7... a eee cies wpe aelets etn iste 353 IV 
to approve temporary loans to meet judgments............ 3 ES IV 
to. approve acts of- comptroller, when........0... 5055+... 353 IV 
to exectite quit-claim deeds, when.....0.....0., 00a sees o0G IV 
to‘approve bond of ‘auditor. hy. 0 ee oe cw etate sae a neler ole aim gies 354 IV 
to select, with comptroller and treasurer, bank for current 
deposits of city, funds... 27.5, oem bile ae keds se eaves eae 355 IV 
official acts to be attested by register....5.......05...5.-6% 355 IV 
to approve bond’ of collector. 0 eve ah a eis ee ey ee ele «as 35€ IV 
may direct prosecution of cases before justices of the peace 356 IV © 
may designate places for police courts, when............-. 357 IV 
to approve all contracts by commissioner of supplies........ 357 IV 
process or orders to be executed by marshal.........-....-. 358 IV 
city counselor to advise MAYOr......... 2. eee eee rece eee eees 358 IV 
may require reports from city counselor............-.+.-. 309 IV 
may direct city counselor to aid city attorney.............. 359 IV 
shall order suits to be commenced against delinquent officers 362 IV 
may settle disputes between officers respecting their duties. 363 IV 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


| ges to Scheme, pp. 279-286. 


503 


Index to State Laws for St. Louis, pp. 225-256. 


PAGE. 
SHOPUPOLICOTCOSCONUTACEB Ys occ see ne eee a he Vcc orne anes 364 
shall submit annual reports with message to assembly...... 364 
shall fill vacancies created by commissioners of charitable 

PETGLC UL Gl CNIS 4s Ue ba Uinta aia S's cater nia cl ol aie Grate gee eae Reni a vias are 365 
shall not re-appoint any person removed by commissioners. . 365 
MAT AUOW ACCOUNTS, EWI Pad ha). fur tes ie oe eed Pras 371 
cucy Jn. réterence’ to: collector's. Dond 21.4.4. Athos es wit tae 376 
shall approve the suspension of work on contract.......... 423 
shall approve bond of assesser and collector of water rates. . 429 
may suspend assessor and collector of, when.............. 429 
shall approve apointments of park commissioner........... 431 
shall demand proceeds of O’Fallon Park bonds, when...... 432 
to approve deputies and assistants of harbor and wharf 

RATTETIDEMEROT ODI acc es, you cit sanea ate ha mri Genes ee hea ee ed 433 
to be notified of surrender of street railroad franchises.... 439 
BuaiLeanpolL cher OF tire department... 7.0% see cs ss aes 441 
Sialloanvrouve appomrtments by chiefee! i erty wee oes 44] 
Bnalleanprove: purcuases: DY. ChIC£ oe eels oe he es 442 
shall approve recommendations to the commissioner of sup- 

FAP LG ae RELLY ee fie oss Se vv. se ol iar eee: eRe es es 442 
Saba pome, Health ‘;cOMmmMISsiONner.? +, 3-dc corse ee eta 443 
UE WE SER COR LIPO ono. ere ig opigi-& 0 ahs & antes ghd tNs shack veh cee ation gte ot 443 
shall be member and president of board of health......... 443 
shall appoint superintendent of city hospital.............. 444 
shall appoint superintendent of female hospital............ 444 
shall appoint superintendent of insane asylum............. 444 
shall appoint superintendent of quarantine................ 444 
shall approve contracts for abatement of nuisances........ 446 
PEVOMMINALLONLOLiNetime, OF CPIDCMICS I. ayy coy ea ete ite Sites tic 446 
mavetor eit contract for printing, whens.) co. ct wes slow os) _ 451 
may approve temporary contract for printing, when........ 451 
Bua promulgate: Scheme and Charter. 2.0.02. cn wn wae 453 
Bialueexeciite: appeal bonds for’ city <ieiie. 7 woe ee ae ete 453 

OFFICERS APPOINTED BY MAyor UNDER CHARTER PROVISIONS 
SUR RCCRLINE LIRA LUMieh a's iatalk espa vin, + lefevre tans ce aim age ca arene olaeare tale atin 345 
Smneriirencent ELOUSG OL? ROLUu ges a. «clans 4 wan wsleter sues eres 345 
BRIN CELALICLET Ca VOLS SELOUSGs coe te.s cre cola acd wm wenn waters or ret melanie 345 
De LING TOUT) Oli OUD DILCS «sic ich ain’s ots sales careeeben cine Gre whe lnts tenets 345 
Assessor and Collector of Water Rates................00e: 345 
Superintendent of Fire and Police Telegraph............... 345 
Saag) ee Tem T ee rs NG a aos oy paaeha hf clas Mice etaLAee eatt a ee a hele 345 
CEC SL LCOS Lier uta lats'a a fais 4c yede dete OMe ce armicin Saat ana erate 345 
BTU ee hate wig ein choca 2 ate ask cle ahsuuiehg a lete ay aite oat «bait iat 345 
(5) Commissioners on Charitable Institutions............ 345 
Mea Pt BOGOR ROLA]- tas ci c.cie is: m 5,0, oelerm & 34 Bnet ee cee ead esta eaten ae 
See CETIITETTEL SOLON. bate: cs 's afeea © viet he xe bien tere ona aie ee eet eatetens 345 
Berrmreermervi itis 1 1LOTIOL So 5-4. faba %, ciascrets hice ete S ieee iw ee ee 345 
DPE MMPMCOULINIBSLOLON. .. ik 50k «5:5 s0 ea es al Wop as bbe bce are aieabenn e bus aae Ts ee 
Pariorand vWhart: Commissioner... f.ivels ous eee ea ces oee 
BE CTT ISA LONG! .. . ceckis wisie he's soe iaveeatade sia eee alk hielo pons oe 
SERRE TT RIONGTS. WLLCIE oc. 0fe 5 sachs be Pe SC omnes ee Sooke 345 
MOTEL AGT ITG, LIGDATLIMOCNU. 6. dete 5 oc: nie Gam Ae a Son alias arers on 
May sii) vacancies, When... 2s. 2 io. eves ce wiee mein os sfope ans males ee 
SaMERT ETS CA SITITTIISOLOTICY wey x ose id od Sie 0 nik eae aha eee a ih ton he ears 443 


2) Members Of Board of Health: ia ois cece aie ccs anes 0s oes 443 


XII 
XII 


Ole FR 00 7 OF1 01 O11 DS ee Ob DS ee CO DO 


bo DS DO BD DO DO BDO DO BDO LO 


_ 


mee CODD GOR OO OW & OT DD 


aN 
bo OO Ole 


504 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


Superintendent. of .City: Hospital a uk ave ies ties Reed 
Superintendent of Female Hospital....................... 
Siperintendent or: bisanerAsy lta vats eae cre ces 
Superintendent) Of -Quarantine scan oe eee ae es oe ena te 


OFFICERS APPOINTED BY MAyor UNDER ORDINANCE PROVISIONS 
See Index to Revised Code under “Mayor.” 


OFFICERS APPOINTED BY MAYOR UNDER STATE STATUTES— 
See Index to State Laws for St. Lowis, under “Mayor.” 


[ ANNOTATIONS. ] 


duties formerly of county court, transferred to........ 
contest; OL: election: OL os: F.ccAlis cate hea oOo eT aes ee ne 
ramission* Of Tmes Dacian ced co urecte ks a Aba Reet Geet eae a ee 


cannot act alone, where ordinance required, permit void. . 


mandamus to revoke illegal permit from............... 
is rity; officer, notvstate Oficenc ster sea ere 


MEAL— 


may regulate inspection of (clausec() dio ae ek fee ees 


MEASURER— 
See Inspector of Weights and Measures. 


inspector of, duties and compensation...'................ 


MEASURES— 


power to regulate and establish standard of (clause 7).... 
power to provide for inspection of (clause 7)............. 


MEAT— 


may regulate inspection and vending of (clause 7)....... 


MEAT SHOPS— 


power to establish, license and regulate same (clause 3).... 


MENAGERIES— 


power to license or suppress (clause 5)................... 


MERCANTILE AGENTS— 


power to license, regulate or suppress (clause 5)......... 


MERCHANTS— 


power to license, tax and regulate (clause 5)............. 


METROPOLITAN POLICE— 
See Police. 


MILK— 


may regulate inspection of (clause 7)................... 


[ ANNOTATIONS. } 


ordinances for inspection of upheld................... 


PAGE. 
444 

444 
444 
444 


293 
335 
351-352 
318 
352 
352 
362 


3398 


328 


329 


ART. . 


XII 
XII 
XII 
XII 


III 


IV 


III 
III 


III 


III 


III 


Neg} 


III 


III 


26 


30 


26 
26 


26 


26 


26 


26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225 256 


| tex to Ordinances at end of Rev. Code. 


Pumrloetitate of. nrempers: Of COUNCIL: +2. noses «tne ha eae et 


- MISSISSIPPI RIVER— PAGE. 
METRIC PY OL ELLY cis % 5 oo plhs veel eee ee ee te 295 
power to guide and deflect current, construct improvement 

REMPRERE TES SOUL 1 Lions ce lpia ta DAE che Rie ett we One ere re aes 329 
SPEIER TASER SOIL ULE VO ow: of ooo chat on ge dhe leat GAVE BUTE tte ca A eee 433 
Sree STI CLIONM Ol. Jc te as eee LEE Olek ete 435 

[ANNOTATIONS. ] 
free bridge over—See Bridges; Bonds. 
PEATE TOIE VOVOE SD lute ati ha he eel eie Nia dk ce hase pan APRN ALD ce pris 296 
TOPE U WEY. ODBEPUGLION FOr, CLO ie aes vanish ain ne tn lane 296 

MOLASSES— 

Tuy (Tee laters peGllons.OL. (CLAUS: 7.) < cece xn oi ae pee ees 330 

MONEYS— 
power to borrow on credit of city (clause 1).............. 320 
power to appropriate money of city (clause 1)............ 320 
Piper OS EN t LEC TE UAT) KS y a, asides ahs hee fa wate lao arain ace Rhee meine 304 

( 354 

356 

358 

Bliecouecuons LO be paidinto city treasury. 2. fs. 8.cek alee { 370 

; 376 

429 

| 461 

Pat LG renOL OLNCErS =O PDAYV MO VOT sys soa ayk chal sh ola Pee Ree oe 362 

BPLE ICTAL VOTE LUITICLS coc ict eek Soa ey bce al a elon te oft Bl erate ere esac 369 

shall not be paid out of treasury except on auditor’s warrant abe 

shall not be expended except by ordinance................ Ryd 

collected from water works, how applied.................. 429 

eollected ‘from harbor tax, etc.; how applied: 20.0... ea ok 434 

Dealer OT TISe DT CALLOIL OL. cee ssc ware alee a 2a ends ei tie oniee ies 458 
[ ANNOTATIONS. ] 

Mate Ee MOCIUY LOU DOLE OW xo. ateie ¥ hc attolatelalt biarera cae’ cane halen mentite 322 

MONOPOLY— 

[ANNOTATIONS. ] 
Mivercninon. confer. franchise Creatine oid aude ete wun ats aah 
of material selected by B. P. I. for street improvements. . 402 

MULLANPHY BEQUEST— 

LE EAR CALL TGGTY «C0 ar Gees a hella yd) nies. oh bre SIR Oh te ee ha eed eal aaa Chas 453 
board of thirteen members to be elected by council........ 453 
not more than five shall reside in any one congressional dis- 

ATC ee cite CGA oe) shiny atia! ow eh cae eee ARE Ae ae 453 
Pt TeCcelye TOvCOMPensacion . vu. acess cereals be tects 453 

MUNICIPAL ASSEMBLY— 

See Legislative Powers; Ordinances; Vote. 
to establish corrected ward limits every five years.......... 303 
correction to be based on number of registered voters in 

SUPER MUON RLEND shes tas a eN F bai Sar ss layin eh, c. ace eb AT Te Rae Label Meme 303 
Pm mmetIve OWE! Of. City VESted) 10 v5.05. as areveo ws ee Wie ot hae eee ee 
ame Comnosed.Of tWO nOUSES’ 4. .4% Paes cds lowe eee oe 305 
SERPS SPR ESO TILED LY W100. « e'a''acy: «ha 10" 040 Ab WUE Waa een gw iO ETO 305 
council to consist of thirteen members elected at large...... 305 

( 305 
| 805 


ART. 


I 


III 
IX 
IX 


SEC, 


bo 


bo 
moO 


Co CO 


bo 
CSDAnNNDNMRHKH QOH Sf a 


— 


506 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| index to State Laws for St. Louis, pp 225-256. 


PAGE. ART. SEC. 


terms of members of council first elected.................. 305 III 3 
house of delegates to be composed of one member from each 
Ags gs RPE R EMO Aang SPN Ce vu ksh ENS gM Ta te ND Sy! ey al 305 III 4 
delegates to be elected every two years................+00% 305 III 4 
305 III 5 
: : 306 III 6 
qualifications of members of house of delegates............ 348 IV 10 
352 IV 19 
not) to’-be-interesteds in city, contracts... sc aa ee ee 305 III 6 
corrupt, Practices VOLT Crimed sss. ek eee eee eee oe eee ee 306 III 6 
members ceasing to possess qualifications to forfeit office. . 306 III 6 
vacancies: InvassembDly; how filled: c...601.ut nee eee eee 306 III 7 
each house to appoint lis Owl o1ucerss.. con. abe a ee ee 306 III 8 
tie vote. to be: certified /L0smayor: eee eee ile 306 III 8 
each house may adopt rules to govern proceedings........ 306 III 8 
may expel members by two-thirds vote.................... 306 III 8 
each house may arrest and punish for contempt............ 307 Til 8 
presiding member of council to be designated ‘“‘president’’. . 307 III 8 
president to be elected, as such on general ticket.......... 307 III 8 
presiding officer of house of delegates to be designated as 
 PSPOA RGIS ty c/o Lee seh cuctatnt Bee ah a" gare eee pea eaeet Cee etn, 307 III 8 
majority of members elect of each house necessary for 
COT TIN ar cel ett Sik aie ren ge ae 307 III 8 
consent of both houses necessary for adjournment for more 
than (SEVEN ays Leo Se ks oe ae slo aka eee neem 307 EIT 8 
May) adjourn: fromeday. 10; Gay ete sree gee eee ee 307 III 8 
power as to election and return of qualification of members 306 III 8 
session of each house to be held with open doors.......... 307 ELT 8 
two members may demand yeas and nays.................. 307 III 9 
Jourial+' Of sProceedin Ss 10st. Coie acne eee ee ee een ee 307 Tift 9 
members to be ineligible for office during term............ 307 III 10 
members: of: cannot, hold; another’ offiee:.y4 040-26. ee 307 rit 10 
no member to be an employe of city during term.......... 307 III 10 
one session of the assembly to be held annually............ 308 III Li 
session to commence the third Tuesday in April........ et 308 III ‘gi 
style: ofsordinances) ie J acesiks eee oe eee ae en ee 310 ee | 12 
origin, amendment and passage, of billsi. oc. ve ees ee 310 TLL us 
bills not to contain more than one subject to be clearly ex- 
pressed in title except appropriation................. 310 EG 13 
certain bills to be reported within 40 days from time of 
reterence. to, Committee 374 we a4 scare. & ote eaten nares eee 310 III 13 
in case of failure, bill will be considered before house or 
COUN CI] Fo cis PE Rea eRe ae ca ROTO Re ee ee eee 310 III as 
to be acted upon by committee of the whole............... 310 III in 
compensation “of .members\ Aticeoe es le cor eee een neve 390 aD III 14 
members absent without leave to forfeit one dollar........ ae TTt 14 
320 III 26 
to assess, levy and collect taxes...... Fete e eee eee e nena es ae Vv 1 
to condemn private property (clause 2)..............0000- 322 III 26 
to borrow money on the faith and credit of the city (clause 
1 ees UA A Re a bag Greg ye ny Spend bel Cs af td 320 III 26 
: ; 320 III 26 
tolappropridte.money) ofsthevcity2.. iw ey ee eee eee 450 XIV 9 
to establish, open, vacate and improve streets, etc. {clause 2) 322 III 26 
to provide for grading, lighting, cleaning and repairing 
streets.;( clause (2) 2a ao aks cra eats aarti See eee Fae 323 III 26 
to construct and keep in repair bridges, sewers, etc. (clause 
SD clas aratahal noe) Was ork os MR n e) Urie a tat cI oe Le ee ee 32a III 26 
to control water-courses (clause 2)................ eee 323 III 26 


to establish and maintain water works (clause 2).......... 323 III 26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


{ines to Ordinances at end of Rev. Code. 


to establish a sanitary system (clause 2).........ccccecccce 
to establish and maintain a police and fire department 

PTR SG AS ies < teas oo ass Ree ys ee hele de Ee Pas Sa eM 
forbidden to abolish metropolitan police system (clause 2). 
to erect, purchase or rent city hall (clause 3)............. 
to erect, purchase or rent work house, poor house, house 

of correction and insane asylum (clause 3)............ 
to establish market places and meat shops (clause 3) 
to license and regulate same (clause 3)...........-c.ececes 
to improve, regulate, sell or lease, parks and_ public 

SrOUUUS F OLC us oi ge ot eo oy cei Shae 
SOL VOSA POOL FUOCIDAUSE (4) Ss scterisace alia vik blsketas cw cestode aie 
TCO COlrcurr ents ol tne river i( clause. 4) 7.9. eth ae als 
to erect, repair and regulate public wharves and docks 

CURIE Sem O ANGI She, osc ete es ate tate ailld MRATTER) wuatcte Ee Wowie ka emete he 
fopructiarcodiarine railways (clause 4). ayes kd ek bone 
to regulate and license ferries, tow-boats, etc. (clause 4)... 
to sell ferry privileges and establish ferry rates (clause 4) 
to create office of port wardens and define duties (clause 4). 
to regulate mooring of vessels and wharf-boats (clause 4).. 
to collect wharfage and tonnage dues and levee rates (clause 

ETE ahah thd seca atlas 51k 5. Fauld twidtohay Mock aire eee ees 
to lease portions of unpaved wharf (clause 4).............. 
no lease of wharf to exceed fifty years (clause 4).......... 
to license, tax and regulate al! kinds of business, trades, etc. 

Be aA eat eee ae ic wc Rw oh xe sake wierd ala'la ot 2eOME oy kOe ee eee 
to fix rates for carriages, wagonage, drayage, etc. (clause 5) 
ioerectiate the width of tires (clause 5)) oe.) ccc eee ee 
to license, tax or suppress occupations, amusements, etc. 

MRE RTE SE Med NW oh ita oe te loi? ohcda ala Fads as ate ARO eects keen tae 
to suppress prize fights, gambling, etc (clause 5)......... 
to enforce registration of births, marriages, and deaths 

Me EPETE SOME Ls PRG ir es Ble, oes. cl earn g EULA Wp icte | he ee ee te 
to regulate quarrying stone within city (clause 6).......... 
_ to establish quarantine and sanitary regulations (clause 6). 
to regulate slaughtering of animals and provide for erection 

Hirai oirs: (Clause (6 )ee ee 8s os dol ea eee ae Cee 
to prevent driving of stock through the city (clause 6)..... 
to prohibit erection of soap factories, stock-yards, slaughter 

amearemere ue (ClAUBSE Gyo. < oi’. c als apalat so vuetetaitbeehes stein 
to regulate and prevent any business dangerous to health 

RTT S ED a St Set RR ee ne a PR Sem TS). Fy 
to establish, regulate, etc., standard of weights and meas- 

REEMA L AUS EY) hatch aire be ake shiva abd af oha i aaah, or aey eas ae ene a 
to provide for inspection of weights and measures (clause 7) 
to provide for inspection, etc., of lumber (clause 7)........ 
to provide for inspection of steam boilers, etc. (clause 7). 
forlicense engineers (ClauSe 6)... 6605 cba e Jame wwe se reese 
to provide for inspection of beef, pork, flour, meal, oil, etc. 

WRN TEST VA ieee oy tenn te 8 ole a xt nan wieces tape aeae ip hs Sa ahs Steam 
to provide for inspection and weighing of hay, coal, and all 

TE Gr TUG) (CLAUS. 1) we.c nina aeveisisys fou ae 8 eischin Paine a A 
to provide for inspection of butter, cheese and other pro- 

ESTONIA CLAUSES ©1)) vic x alsin nim» aby aie bidl mis HERCNDm > guebdin asia ata a 
to regulate weight and quality of bread) (Clause sTi). « «3.00 
to regulate price and quality Of P85: (CISUSEL ED) Sonia. wees ait 
to provide for inspection of meat, poultry, fish and vege- 

tables (Clause TZ). ie. ce ee sk Be cs ates We ales mad orm a's ogi 
to designate places where such articles may be sold (clause 


Sor. ihackr ee veneer nae Nee ne TE es 


o @ 8 6. @ 6 


* @, « 12 (0 0 6 0 @ 6,6 je 


PAGE. 
323 


ART. 
III 


ITI 
III 
III 


III 
oe 
III 
II] 
VIIl 
II] 
III 


III 
it 
III 
II] 
III 
1 


III 


Ill 


III 


III 


III 


507 


SEC. 
26 


508 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


{nae to Ordinances at end of Rev. Code. 


Index to State Laws for St. Louis, pp. 225-256. 


to restrain and punish forstalling (clause 7).............. 
to declare and abate nuisances (clause 6).................. 
to regulate or suppress hawkers (clause 5)............... 
to regulate and provide for election and appointment of 

Officers; (clause: SNe ae as a ie ae ee 
to provide for suspension and removal of officers (clause 8) 
to establish salaries of officers and employes (clause 8).... 
to restrain and prevent riots and disturbances (clause 9).. 
to restrain or prevent dangerous amusements (clause 9).... 
to regulate or prohibit running at large of stock (clause 9). 
to prevent and remove obstructions on sidewalks, streets, 

ELC CIAWSONG Ly enatale en aiaiae eet eroe Reta hee ele Che bane ce to nee 
to regulate and prohibit building of vaults under sidewalks 

COLA NS OE Pee teeta la fmm te 2 Re eaten relies hah nr Oc une a, Re eae 
to impose and collect fines, forfeitures and penalties (clause 

ARIE PGMA eM Di Riiat Foe eR NS PRE SIN BSB ge TE os ein ee las 
to authorize commitments to work house (clause 10)...... 


power respecting offices and officers...................000- 


to protect rights of the city in any corporation (clause 11). 
to have sole authority to grant railway franchises (clause 
DD) eg Ne BR Nn REO tea COONS CPOs EPIRTID otk Ng a OR ence Pm 
to regulate and control railway franchises (clause 11).... 
work on franchises to be begun within one year (clause 11). 
free passes on street railways forbidden (clause 11)....... 
may authorize examination of premises in reference to clean- 
liness and safety, (clause il2) 3.722 hes wee ee en eee 
may remove dangerous walls or buildings, or require owners 
LO(GO SOP CElAUIBSE! 12) 8) ci BO Ee, Hil aee ieee eae a Gain eee aac 
may regulate storage of gunpowder, dynamite and other dan- 
Erous  COMDOUNASC, CLAUSE L290 Caine oe eerie eee eee ee 
may regulate the use of lights and candles in stables and 
other places: (clause ylo) yy eave ear ee te atere wero ie ee 
may remove or prevent construction of fire-places, chimneys, 
ete=2( clause 128 oe hk Gre ee aes are too ee cue eter a rene 
may direct safe deposit of ashes and other dangerous rub- 
dish ( clause 123 2 hehe goa’ Cree aan, al omen e alee eee cee eee a 
may regulate building of partition fire-walls, smoke-stacks, 
ete) (clause 12 yr ei Bow Re he steed ae A ae 
may provide for safe construction of buildings (clause 12). 
may regulate or prohibit wooden buildings within prescribed 
Limits (CClause dl 2k x Gancaa oem eton atobe ete igs tual atts 
may compel persons to aid in extinguishing fires (clause 12) 
may compel owners of buildings to have scuttles on roof 
(elavse) 22 Vier ere aloe aes Lan een ee ane cee 
may provide for the support and maintenance of insane 
persons: (clause y1s Ji ny Fs Yel Vi ita areiae tobe at eae tea wie ale 
may provide for the support and maintenance of poor per- 
BONS “CCIAUSE LS ) ee atc a ao tae sales cutie rere, 
may exercise power of county court in assessment and col- 
lection‘ of, state ‘revenue (clause 23). 2.5 ree ae ee 
may pass ordinances to maintain peace and good govern- 
mente] ans) 14 ieee ee ba Tice Sa tae a uw &ddlacemenonnie sletat ek tastel 
may enforce ordinances by fine and penalty (clause 14).... 
fines ‘and :forfeitures (limited): (clause (14) 0 iy. ae ese eee aes 
may purchase, rent or lease real or personal property 
COLAUSE LAD cc eke cite 7s ee cee petec eet atta fx taal nalts an eee eee 
may provide for taking census of city (clause 14).......... 
shall enact laws to secure safety from fires in halls and 
OLiBU CHG Bree: MRT er gO EL ite ey pee cl 4 Se i ce IRS in) Bs 
forbidden to remit taxes or compromise claims .......... 
payment of damages prohibited except by a two-thirds vote 


gifts or donations or compromise forbidden, when......... 


ART. 


III 
III 
III 


III 
III 
III 
III 
III 
III 


III 
III 
III 
III 
III 
III 
IV 
IV 
iT 
III 
III 
III 
III 
II] 
III 
III 
III 
III 
Tit 


III 
III 


III 
III 


III 
III 
III 
III 


III 
III 
III 


III 
III 


III 
III 
Ill 
III 
iB 
XVI 


SEC, 


26 


26 


26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225 256. 


{ines to Ordinances at end of Rev. Code. 


may compel attendance of witnesses ...................-- 
Mie POUM Der DLOCICLION: Of Papers wo veel wear cee wes eee 
Hisy 1aeuG eu Dpoei aA duces tecum (6's. os beans cise ies Baleceee 
power to distribute powers and duties of officers........... 
OWE LO) AR OTORALE, ORTICO Be ois in w a's os Pea i Dern bee LAU 
shall enforce restrictions as to stone quarries, rendering 

MCLOTIOBS CUS oaths can Soe & 3 tie Scene nate he le Lae eet SO ae 
Bia. Us UONES. OLAClIiY OfACEOrs yj... v..k Lema toes Cee ene. 
Bpecial Sessions Off ibew, alles V%-. Peas ets cle eeiieeas ae ke 
same, to what: actions to be confined, etc. .:.. 0.0 erence, 
comptroller to have a seat in either branch of.............. 
may increase number of police justices, how............. 
may divide the city into police justice districts............ 
may provide for holding police courts, when.............. 
shall define the duties of all city officers.................. 
Loiprevide fer purchase: of supplies. )3 60.0226 Gees Tae 
to provide for inspection of scales, weights, etc..........-. 
LOptetices tor such inspections: J ..6 2s 64a chee eee Le ee 
may require reports from city counselor.................. 
aAvVereduire1eral-advice from. Same: .e2sieciie te ee eee 
shall provide additional duties for board of public improve- 

STR ae at 3 OR ee Poe vay Wi ccBNG pie Galea ee ae OE ae eet 
shall provide for appointment of assistants and employes of 

BRA CRIM Dyce e Bidens bis" dc 4 nye: bralndple Hokterd de Tae Oar eee aed were 2 
MYO WET Be TORGALE LOLIICES | 5. °2) snls! wie algea aie elaly eee e600 TRMTNA a BPE abe 
SEOUL) Aras CE: RE a: eB RU ie bP Th eee TI 
power to increase rate for payment of public aaih ANE 2 
POO TOCELIS TI DIIC DULL SE Ll Gin oe nic estas tera! aus bale Pema enna 


separace sinking funds required, when. .o6)6s Ge. Vie ee aes 


nower to levy and collect wharfage, et@...i.5. S20 0kdN soe. 


appropriations to be in conformity with constitution...... 
RISMUR IO Cad EDD TOT LBLAONS 2 Sisco obs oalete od ek ar lee ae Le: 
all ordinances contemplating payment of money to be en- 
ROTEL MONSILLOLLOD | 6.5 5:5.shale oiehe eas ante ata e Hale LER 
Stat estavilen -ASSESsment. CIStrICLe wisi oie OU. ool Tete cea eanane b 
rate of taxes shall be established by fourth Monday in May 
MMC LROPOAT IG ue cn cae wid a (sates ee eh Whe kl SOG w ala ae Pi ean ead 
mre LUN FEU E CT) CLO IO 53, a1 bla tay p be aa dh, Grebe MIR ke Sinks Th TREES tee od ak 
every improvement ordinance to contain specific appropria- 
CRISIS % 2° 2 SAR A AS Sn ra Se Wm CGO Oak Ta AE? REN Rye nat RU Can SAA 
streets to be established by ordinance by.................. 
Sa MEMITTE SISO UEITICT U.) DL LIS, Sc2ic. bc sacv role sips ota ons Pataca atonal ecadohel votes 
two-thirds vote necessary to pass an ordinance for public 
REMOTE LON) bees kW LOTUS aay adden Gum aielaln Aaa Gh alert es kta enh menarane 
ordinances for all public work to be recommended by board 
CET FOVCTNIED 65 1's oy 2 oi crare xy abel at iat te Ata Te eR oh eI 


Pree LOL COULPACT TOY DUDLLC WOLK yo ues gcc «thew eneie 


may direct by ordinance advertisements for bids........... 
may authorize by ordinance the laying of water pipe...... 
Pee emreest re! WALGT TALES. eis. csi +s be iais, } Mucleelo voenms ea wieleleveteme 
may require report from fund commissioners.............. 
shall make annual appropriation for parks................ 


authority of to sell or lease parks, squares, Ghiyires was 5 


proceeds to be paid to sinking fund ................-+,4.-.. 
sale or lease of parks, etc., recommended by board of public 

improvements to be submitted to vote of people........ 
power of in reference to street railroads .............+.+.. 
may sell franchise or right Of Way.........-..seseeseeeees 
may impose tax per capita, or may tax gross receipts...... 
may regulate running Of Cars..........s eee e rere er eeees 
may tax property of companieS......... esse eee e ee ee bee eeee 


PAGE, 


342 
342 
342 
342 
342 


343 
346 
352 
352 
353 
357 
307 
B57 
357 
357 


ART. 


III 
III 
III 
III 
III 


VI 


509 


SEC. 
31 
31 
dl 
32 
32 


34 

4 
18 
18 
20 
27 
27 
27 


510 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


{inaex to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225 256. 


may..rezulate«rates of fares) cia «cm «os + aot See ee ee 
width OL rail’ prescribed ..ior rar. s ciate aca ae eee ee 
shall establish a uniform: fauses aussi cee cee eee 
shall keep streets in repair between rail.................. 
shall require’ companies: to ieive bond... cass wo escent 
shall prescribe regulations for one railway company using 

the tracks of another s.r pee ae ee ee ee eee eee eee 
may prescribe duties of Health Commissioner............ 
shall fix’ bond: of Health Commissioner... .c.0.0e) cane Gee 
shall publish abstract of proceedings within forty-eight 

TOUYS sig close le ta. woetata cl elo e canes MOR: «te Meee aaa ae coe ee eG 
two-thirds vote necessary to print a document a second time 
shall determine the number of the mayor’s annual messages 

CTO DE) PTINTEGh a. ed oes eel ae eee ee ee ieee ae 
to provide by ordinance for the regulation of public pro- 

COSSION Si) Bis doe we lese lereg We oe detente ey Cachan eine: aint Cone Snead 
penalty for members voting unauthorized claims.......... 
penalty for misapplication, of ‘public.tunds jew wie. ees 
Oath) of: Office, cern CYS ue ee Soe cil ac ce erathten a elaels eee eae eee 
may inspect books of Police Commissioners.............. 
shall fix salaries of ail officers 2.0.0.2 sue ee eee eee 
shall not increase same during the term of office.......... 


[ANNOTATIONS. ] 
performs duties formerly in county court................ 
members of not to be interested in contracts ......... 
payments of taxes as a qualification of member......... 


vacancy in. bow. filled (oun ae ee ee ee 


is sole judge of qualification of members............... 
functions of presiding officers legislative............... 
journal of as VevidenGetce sc ainels sien genie oe arn eee 
de facto member cannot recover Salary..............+00- 


legislative functions of, how far subject to judicial con- 
trol——frau de ec eae cds t cat sheets ae ee nh tea ee Pec koe ie nae 


when acts legislative, when ministerial .............. a, 


powers of, must not conflict with constitution or statutes. 
powers of, emanate only from the charter................ 
Cannot legislate Dy Tresoliwklon we he. cee ee ee ee 
power of, to compel attendance of witnesses and punish 
fOr COMTOM PU: VE este shag hse ae ree oes. ie nee en ee eee 
special sessions of, what may be considered.............. 
may define duties. of OTncerss.4'. vine «ae ee eee Se ee 
members70L, are citys oihcersy.¢.55.. ee ee ee ee 
power. to create offices <0. cee hele ee ee Ree eee ee 
delegation of authority by—See Delegation of Powers. 
powers over railways—See Street Railways; Franchises. 


MUNICIPAL BUILDINGS— 
city may erect, purchase or rent property for (clause 3)... 
bonds for/erecti on) Of ace de ee ee eee ee eee ee 


MUNICIPAL COURTS— 
See Police Courts; Police Justices. 


MUSCLE DEVELOPERS— 
power to license, regulate or suppress (clause 5)........... 


N 


NAME— 
See Corporate Name. 


NAPHTHA— 
may regulate inspection’ of: ‘(clause+7)%.. 7.206 oe eee 


320 


330 


333 


A 


III 
III 


III 


III 


bd Pd bd bd bd 


OO bm pp 2 


26 
26 


26 


26 


INDEX TO CHARTER. 511 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Indes to State Laws for St. Louis, pp. 225-256. 


NITRO-GLYCERINE— PAGE. ART. SEC. 
Tues roe vince Storace Of (clause 12) 20. 02.. hn ns weve es 30”9 ITI 26 
NOISE— ° 
may restrain and prevent (clause 9)........c..ccccecceece 335 III 26 
NOTES— 
power of city to borrow money on (clause 1)............. 320 III 26 
no note to be made for longer period than twelve months 
USE ALSC LL ae Meters ee keer h nk Rtas, cee ety ood Aras ae) wet ee oie Mea be 320 III 26 
NOTICE— 
See Health Department; Marshal; Nuisances. 
: at 358 IV 31 
Prepocialotaxsbilliserved Dy marshals: oc vcloe sce ciety «ern © 114 VI 25 
to defendant in condemnation proceedings................ 388 VI 3 
Tomestrees. tuiprovements, etc hearing, 02). Js we eee. 395 VI 14 
[ ANNOTATIONS. ] 
of meeting of B. P. I. for street improvements, materials, 
Ree ern Rete OUGE yas fuk, oc ix e HOM Ea ee eee Vt ee ee 399 
Sreieteine or contracts for public’ work... /< 0. sel: seen 423 
NUISANCES— 
See Health Department. : 
city may declare, prevent and abate (clause 6)......... aw A 332 III 26 
summary power of mayor in reference to (clause 6)........ 332 III 26 
on private property to be abated, when .3..<... 08 dius: sas 405 VI 19 
power of Health Commissioner in reference to............ ‘ is at : 
condemnations to be approved by board of health.......... 444 OL J 3 
Doce: to repor: to health ‘commissioners .s4.0:3)/ cee. ees he 444 XII 4 
BerucOmDoaie OL nealth to be final.« o:\:. ew. ae ee ae 444 XII 3 
Aaternetitenite TSGMmOyal OL! /. os sf leet y ae aaee are ae ie 445 XII 6 
board of health shall officially declare.................... 445 XII 6 
ROP ALION MLO OWHGCTS) se-8: 0. inne 0 ole woe is i opiate ea eae 445 XII 6 
Pelier CaO rea fUTGTLO) ADALG osc: as stad see Wa ele a ee 445 XII 6 
MOM eLESVORIEE NOW TLOUILICU. ois cork b.. vida wcecne 04 Coe ete oie 445 XII 6 
Rae Rate ea PANIED SCALLION a. 6)a'a, ob) och ota teba: Creu cute abanee bial e teeth once ate 445 XII 6 
cost of abatement to be assessed as special tax, shall be a 
RTery RANT OW ACOLLOCLEG « ))scs je creosote a eieonho © aL aL MAL Che 445 XII 6 
BOnETAC tT TOTeRUALCGINONT os oo Oo. uaotas 5 geet eae lane alae hate damesate 446 XII {( 
[ANNOTATIONS. ] 
333 
SPeETeLeTENICES: CO. CISCUSSIONS 0.02% os lctenieacs emcee ities ale eine 10s 
445 
street railways without authority in streets are........ 437 
Piiereriecis DY. DOArG Of Nealth er. iat wen ola peees satis eae 445 
O 
OATH OR AFFIRMATION— 
TomeitietnperssoL municipal assembly s<...< 52.00 ert ee ee 305 III 6 
may be administered by president of council............. 342 IIf 31 
hnyeencawmer.ol nouse of delegates 0). sc a spiiclihuun em 6 be 342 III aL 
by chairman of committee of either house............ 342 ITI he 
register to preserve all taken by city officers.............. 355 IV 23 
Time NOnAdiintstered «DY TELIStEI: Fs alesse ae ns bs sce ek ea 355 IV 3 
Suermeoricermand assistant to takes 22 tee. vce eee ale va 361 IV 43 
for member of assembly and all city officers................ 459 XVI 13 
OBSTRUCTIONS— 
power to prevent or remove on sidewalks, streets, ete. 
LSI Ya i Pe PEE VAL Ra OOTP ge i rs 2 oh, asta 335 III 26 
may prevent. or remove (clause 9) 2.00. e546 ils cS wk is ws 335 III 26 


[ ANNOTATIONS. ] 
of river—See Mississippi River. 
of streets—See Streets, Alleys, etc. 


512 INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 
| tnaex to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225 256 
OCCUPATIONS— 
See Various Occupations. 


power to license, tax and regulate (clause 5).............. 


OFFICE BUILDINGS— 
power to license, tax and regulate (clause 5)............. 


OFFICE HOURS— 
charter: (provisions Tresuiarineiic oe. ween te oka Leta serena 
[ ANNOTATIONS. ] 
hait holiday ‘ont Satnrada yes Via ae ee i ei ae ener 


OFFICES AND OFFICERS— 
eneral ‘eleCLiOW OF Wee es cl) Giealerak bate Reena bio a t  ee WraRa: 


qualifications of elected and appointed officers............. 


power to provide for election or appointment of (clause 8).. 
power to provide for suspension and removal of (clause 8) 
power to establish the salaries of (clause 8).............. 
salary not to be changed during term (clause 8)............ 


salaried officers forbidden to receive fees ................... 


office may be changed and abrogated, transferred and dis- 
tributed=-three-fourths' ‘VOte sa. esc e auch cies ateh ienedniys elet 
elective officers*and) their ternis; Spr ee ae ee ees 
appointive \orfiicers/and their, terms: scene oe ee tee 
Hirst) appointments: under, charters.) (vvnlee). soe ee ete es 
bonds of: topes fxed by ‘ordinance. . eee vain See ey eer 
bonds to be approved by mayor and council................ 
suspension ‘and removal) Ofi-f5.< cen che ee ene aie ene 
suspension of elected officers by mayor.................65. 
vacancy in event of removal, how filled.................. 
removal ‘of’ appointed officers. hy fre ac Rie a eh toe one tele 
vacancies; hows filledtyice se Cine ase eh neh aaa icra sire iene 
removal of appointed officers by council................ 


MAYVOr, tO Hi Vacancy SO;/Creavediycs owe eee ele eee ee 


appointments by mayor no confirmation, when............ 
appointmentsof officers by Mayors... 643 ae ee eee 
mayor’s nomination to be confirmed by council............ 
council: to: elect’ officers, (when. ta9o. so pee ane ee ee 
shallinot hold‘any state or Tederalvofmices 467. a wise eer 
officers to devote entire time to duties.................... 
Hours Tor NIUNici pals DuUsSinessw eee Vtech obra tee 
removal ‘of. elected (officers “by /COUNCIL Gy 5 hie ve ceran ated tastiaiees 
vacancy in. mayor's: office, “how flledy cus ee ask eae ts hewe 
deputies of sheriff, coroner and marshal................., 
all offices to be in City Hall unless otherwise provided by 

BLES TILLY, (is 25) ci crane Saws Nile we ee Rea rei tee ean oe 
remoyvel of assistants, of any officer. 52.2. sce rine aes 4 
mayorto be: chief executive otficer’of city! iin. wee ee 
absence .of, mayor, Now providedstOr ie ones eee eee ce 
permanent residence to be within limits of city............ 


collections of money by to be deposited in treasury........... < 


duties of officers to be defined, increased or diminished by 
ASSEMBLY Ais inte oi cee Said oe een Woes, Foe cleats eaccer ae eek ee arnneey 
additional duties may be required of members and board of 
public improvements by assembly.................... 
addiitional assistants:and ‘employes... ... 2. . 54 sve eeewas 


ART. 


Ill 


III 


Ni 


II 
III 
III 

IV 
IV 
IV 
Il 
III 
III 
Ill 
III 
XVI 


III 


IV 


SEC. 


INDEX TO CHARTER. 513 


Index to Scheme, pp. 279-286. 


{ies to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. SEC. 
Ee POT LT OL LICOTE oi Abs reise sale wie We cael ava ote dt ee 361 IV 43 
bond of to be given within fifteen days after election or 
BESATOEIEGIINGINES 3 6G aforuin cela whet OR ae eis ace Ut eh RR bl ee cE 361 IV 43 
Per eeLILCCl Ss Cat OU NOs Co.cc... w wos ahs ein wis nkoreie ee G ae ee TES See 361 IV 43 
Lormaaueceal officers’ qdefined:;.. 00.0. ea ee 361 IV 43 
OulcemetO-Lorrelt’ office,; whens 2) A, danke dees ees 362 IV 43 
difficulties between to be settled by mayor... ............ 363 IV 44 
new offices may be created by assembly—two-thirds vote... 363 IV 45 
BAM Mmake annual reports: to mayors... s4045 602. eck cans 364 IV 47 
reports of comptroller, auditor and treasurer............... 364 IV 48 
TOUULLEEOL: COMSCLOr And marshall eye atacand oe tials ee 364 IV 48 
Fepure.ol. board OF public‘improvements:. 3.5. .¢.sor ts enews. 364 IV 48 
settlements of officers engaged in collection of revenue...... 370 V 8 
Nnusea DiankeeO De TELUIrNed ie 8s 2 ee ae. 370 V 8 
prodre: OL alltprinting to be submitted: to.c5 Veigs. 42 eee 452 XV 3 
criminal liability of municipal officers, agents and servants. 458 XVI 17 
penalty for misapplication of public funds................ 458 XVI gi 
penalty for allowing unauthorized claims.................. 458 XVI Ww 
ii eal, COsesceed sob, 000) persannumur thi es eee 461 XVI 18 
SalatyeoL OeCDULy timited. to .$2;500. sn soe si kee lee we w nee 461 XVI 18 
Be eC LOL HIEU BL SUT ets ioe wa suas Sw das ea 461 Gal 18 
fees and perquisites of to be paid into treasury............ 461 XVI 18 
Alloes las ear toe pe.Dald .monthly iii eo Oe Se a 461 XVI 18 
Cones naOices Until A Dril, ASTT & . 05 sc ccuw te a obi epeeeteleterece 461 XVI 20 
[ ANNOTATIONS. ] 
transfer of former county functions to corresponding city 
OPN G LOTR Tol Myo ere cre aru iw Sk oad) ached ong Ris erates: Wiese neertts 292-293 
de facto member of assembly cannot recover salary...... Le | 
PRL LICL LEO TS her Ge el sho og iso WC vie BBs ig le els Swe eee 363 
de facto officers, whether can recover salary............ 460 
ordinances of de facto body, when valid.................. 318 
street openings begun under old charter valid on de facto 
Sie ts NOG) | page DAeras Oh Rane, Ca aR RPE OAT ERP RLS bn 8 ee 5 1S, 386 
342 
assembly may abolish office, salary ceases.............. {8 
460 
Ti Wet (ARSE) DLV LOVER 6a) <, sla pte ts caus!) s,0: pa) = = er eheete enim 363 
CleeriOiie ae terms Of: OF ICEIS «osc oie dia: 5's ea yege le oc enele ohh ele lee 345 
: 346 
eee TREY PRET CO SISUS lana U0) 5 cya: trots 's10 ea al see wieeardee Whe Wee Suet gials 1 350 
CENT et ee EL SCAT SOU a wo. vie: ely a's Sees bye aim eh myw iar Ge, epsrataral hui since ke 346-347 
removal of by commissioners of charitable institutions... 365 
appointment of officers, etc.—See Appointments. 
qualifications necessary for office. $.... 2.1... on Se eild awe 348-350 
Noto pester estedsin: city ‘contractSin..) ia ets an is 349 
SPITE LEMOLCU SL OAC UCICS Ac 24. ok og ce « 20a ve We ae ow RAMA Wie cos 350 
PEEL A TELE OLLICOTS oo 5) inyt om. 2's als als alia on erm satel Sy elk ay eet iop 351 
eR CGS OL OLLICONS. <8 sla v2 hoa te disie 0 ote atenn are hoy « 357 
FIRIIE) TELCO TOLLICOTS ors © ass <cuns sole. ahh # tcuny. came wrelw el otale olGhbce Is 362 
what are state officers, or city officers, etc......:0... 655 362 
ne EMCEE CREP TIACI OIL: 05.15.0125 aussi oct a oie} apna wapiime's ad mcs yni et peloy's 6 a) as 363 
SEARS RCNP eee ad Se cas foi oud ee vin whe Bee Nehete tip GR helen Phones aS a6 Sh erate 363 
presumption of right acting by officers................ lee 
OMNIBUSES— 
power to license, tax and regulate (clause 5)...........+.+-. 330 III 26 
ORDINARIES— 
power to regulate, license or suppress (clause 5)......... 330 III 26 
ORDINANCES— 
Srele 01. OTCINANCES, 266. i sees ects ewes dened see t anaes we wis 310 III i. 
no ordinance except appropriation bills to contain more than hs ate = 


TIBI TOCES cis ciars iis. o 8 oo B Ue ahd eae 4 gre Qoralel ome le Abra 604 


514 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. 
subject or to be expressed in Fitles 5 2.4 ok et ee es ee ee eee 310 Tit 
no ordinance to be passed except by bill.................. 310 III 
amendment of must not change original purpose.......... 310 III 
maytoriginaterin €ither NOuUse. cr oe aia ’s Mia dh ee win eats ate ae 310 ig 
may be amended or rejected in either house................ 310 Tit 
must be read three different days in each house.......... B10 III 
must be reported upon by committees..................... 310 III 
to be within forty days from time of reference, public im- 
provement. Dilla sc. 2e se ate nko eels sek west cee LE A eee 310 TT 
same—effect:/OD, Tarlure sais niece cle ete ae ee. eee da en Lee 310 III 
recommended by board of public improvements, how re- 
POTTed =) WHF We OR a clare ie ce Sing, aan, ayes URE nena Rela ee 310 AE Ke 
all amendments to be incorporated in bill by engrossment. . ay a III 
engrossing of to be under supervision of committee....... odd III 
majority of members of each nouse necessary to pass...... 311 III 
vote to be’ taken: by \weasiand nays.iae cares Oe Oe tee ie aL III 
amendments to be concurred in by both houses............ Bi III 
report of committees on  Gconference . -)aae ae. ete eee SLL Tt} 
no ordinance to be revived or re-enacted by reference to title Pi ap III 
form. of -amendments (LOe aes a ee ee eet eee ane ee aan 312 Lit 
MOtlon ito PACOUBIC SE 6 sey Wi ae ia. he alas aa ee 312 III 
to take \effect*ten idaysrafter approval aww ah bisa ee fee 312 III 
appropriation ordinance to take effect on approval......... 312 III 
exception” in !case (of -emergency sc. = ayn eb bike ee wee ee 312 mB 
presiding officer of each house to sign bill in open session.. BAZ Lit 
bill tobe read at Jength before passage.2).0) 45 7. eee 312 III 
objection as to alteration of bill to be passed upon by 
THOUS eae ear ea cP or ei eat beg ae er eee ath 312 III 
presiding officer to withhold his signature if objection is 
SUSTAIN Cee chi ck es phe dee he EP, worm ay nc ke enh is aati anei ole III 
when approved by mayor to be returned within ten days to 
assembly /Or(regsister i). oho Gi alearc Rbk Pea ees cen: ate oe aa III 
mayor may approve portions of appropriation bill.......... 314 III 
Items objected to by mayor to be reported to assembly or 
PESTS ter SR Ae Fy ee hehe Ss Cia, ee a 314 III 
veto ofordinarces by mayor... ears... oes. eee 314 III 
bill totberfiledtwith rerister sain sia ee ue Cod Foe eee 314 III 
two-thirds vote of members elect in each house necessary 
Loi pass WOE Overd VetOu. ied rons ewic rides, enn oe eee ee 314 III 
314 Ill 
originals ofitorne in, custody ofrrerister osu eee eee 1 III 
‘355 IV 
numbering,‘ printing and ‘filing, of same. ...... i... 640.0235. 339 III 
repeal of general ordinances must be in express terms...... 389 II! 
revision of general ordinances every five years............ 340 iil 
contemplating expenditure of money must be indorsed by 
comptroller “before A passage we ai au oh sissies «3s ey yee he 370 Mi 
authorizing improvements to contain specific appropriation. ole VI 
streets to be established by, to be recommended by board 
of publichimprovements vei ciaid 04g: eee roe Benn gue ei 379 VI 
379 VI 
ES VI 
for improvements, or opening of streets, etc., to originate | 395 VI 
with) boardtof/ public improvements... 0.2 ee se ee | 403 VI 
| 411 VI 
| 421 VI 
401 Vi 
estimate of cost to be indorsed thereon by pr Sore of board 49] VI 
of public improvements. Ape iso seein el tele eyes Bien, 493 VI 
for all public work to be recommended by board of public 
IMPLOVEMENTS 1). hk oD h ce wie A ee eet et Ne 403 VI 
for sale or lease of public parks recommended by board of 
DUDLG AMPLOVEMENLG Hii olin eade ete acaba means ean Miehodrasta rs 431 VIII 
publication of within five days after approval ............. 451 XV 
existing ordinances to remain in force, when.............. io a 


for the opening of streets, repeal Off ke aie miei e we lomeee ae 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


{inaex to Ordinances at end of Rev. Code. 


{ndex to State Laws for St. Louis, pp. 225 


[ANNOTATIONS. ] 
are voldiinin conflict with constitution. 2.275.779. 


are yold if not authorized: by charter... 6020 66S. 
are void pro tanto so far as in conflict with new charter... 


apply to new territory, where city boundaries are changed 
POLS Le Le DANCGy Lhe thee ieee Araceae s ig bitin vee CTEM ‘ 


departure from prescribed form, effect of................ 
APUG VOLINICONOrs GIOCley oo Loe ee i aa che ya ie oe 
DPOBUTDUL Ven ViRatlEl es Ole te he diva Niegets vs aie. take oon Galas 
WLC OO te te teense Ore at aI AS a) Liotta Sl a eerlgr asthe eae Gath 
BMAISCLOL CTA COMOE TLOG? CAHOON peat a) be avesain’s ola dies a ae e Eats 
BU ICOUCOLCOPaNO Wr TOVOU actin thd ody biden tls eek Wek eee 
PELL Tee TA CCL Ca LALO Withee, Siete) eee ate’ 4 eateic.lai.d Slesetal sb helen ee 
RRA LOPE EL GUTOR cnt od aie ta ee cree ek Wie balks ci asi & num’ hw eraa 


POMeCIiCEisie Lm i OTA LOG: COULL 64.4 s.0u cle c'ce’s see ohare e ad whe 


Rea OR CITe Ge LIL OCCUL Ves riciticc ane oatees as a) a6 eocate eS 2 Wek chow 
bill to contain one title, clearly expressed, OlGa tay pan 
when take effect; validity of steps between approval and 

lapse of ten days PROLOCO LUO A cette tiene Geel bcccntel dei at RUM ie sho 
to take effect on certain contingency, when valid........ 
signing of, by presiding officer, etc...... oA AS ail FN Bio ae tea ae 
Signmins Of rewurn DY Mayor... wi. i.e per eet Meese Tee ee ee 
CEC Yt DL Ast La Wee cue aie deoteoe ined se ake) ate ateel dares ® 
when void on account of fraud in passage............... 
WHetT ODUTESSLV Gr Ol UDTCASONADIC viii sc be ko et ables wes 
when injunction against enforcement of, will Heaneisy Lae 
uncertainty and vagueness in, effect of.................. 
resolution cannot operate as ordinance, when............ 
eee OC VOW ROTT LV hE Ch hehe Sie gue Win ann hie w aibtets wid wile 


CELTIC IGTTOL er iOSRlOr., CLG uine fancale’s eae ee oeee oases ‘ 


city not liable for non-enforcement of................... 
conferring franchise on steam railroads in streets, when 

Ren AS EN TRE LG Sin et AS sire a ce wads, Bs Varo isne Biel ane vote elt Bheuuks 
conferring franchises on street railways, when void...... 
iA Ry een Art eg hy failtmc' inh Se bee lehal dee 8 en yee oe elas edhe eue Hd 
Wee MEE CATA UMRE SAWN eC SRPOI Ae cet KG forlhvaike ) ccctho. a) a thie fat chee a Uo ay oe AS PCRD URE ea la 
BUHOGITLS AIP ONCTELL \CLCLINICO. civrcre (stew toe als wide © aitctices cle hare 
CARPE TTC CS TAL OILS OL PTA dM o.chs, 4) ve Yitoee anise cca h, Adlets & oleae « 
eR IDE EMCOTL GPO. <5 tae LIO ELS 6 viv) eialehere «oi .8 aug sacha nant cuaten are kate 
TO a TE ee ae Re ee Raney Ree OMT CORA RSE tir IMe nye 
provisions for printing not applicable to revisions........ 
Snrect Of-taiture to publish as required... 0. 00. oka se 
for street improvements, in case of remonstrance........ 


for street improvements, in general, discussed.......... é 


for street improvements partially valid, pro tanto recovery 
for public improvements, estimate of costs to be endorsed. 


all, for public work must emanate from B. P. I.......... 
OPP TECOTIAUTTICULOI 5 cath siete hots aod Sri Phe tiers is iatel methane paste 
for public work cannot vaildate a forfeited contract..... 
PSEURAU AEE Palani tea Tie) as becca ed ste: dng, hwnd 0) 8, sso) ol ac VEY Yo tor MAN DUR rhe Jala 


existing at passage of charter, how far valid............ 


PARK COMMISSIONER— 
eT eTMEREMP CSE TASC tas (oak, cb 28. ba Ssceh gente eave iaea we ahecs «sl Daye Rf ate ale 6 
shall be a member of board of public improvements........ 


shall be appointed by Mayor.............2e ee eee eee ence ees 


BPPEE TION EIST SEOLITICL baru jo els. 5 noe, cetera Siwiinyate wis bie eaten ad, doa Boel a 0) 
shall be head of park department.........-....--++seeeeeee 


402 
403 
404 
410 
425 
452 
453 


345 
345 
{ 345 
(480 
{ 348 
430 
359 


ART. 


VIII 
VIII 


-256. 


SEC, 


me oe OOOO 


516 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


{index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PAGE. 
shall have charge and control of all parks and squares..... vag 
shall make annual reports::to Mayor. .%), sees ee ee ee ee 364 
term: of offieesand Dondy ss Hes eee ee ce ee ee ee tenants 431 
appointment of employes; "elec es oon ie ie oe ee eee oe 431 

~ duty of. park ‘commiset@ner Tees. eee. arta een coher ene 431 

PARKS— 
power of city to issue bonds for purposes of................ 520 
power to improve and regulate or sell or lease same ee 
to be underveharge: of park; commissioner... 3... ee eek {age 
Tower Grove ‘Parks excepted? . psn e se ke 0 oe ote ee eee 430 
ANNUAL  APPrOpViation = fOre.. isc ete ke eee ae en 431 
entrance and *Bxithcaesei ack ec cc ce adi alcre UL eee eee ee 431 
proceeds of sale of parks to be paid to fund commissioners. . 432 
alltrentals; Wow) disposed Olc ew Saas oe te ee she ARR: 432 
sale or lease to be submitted to the people by ordinance rec- 

ommended by board of public improvements.......... 432 
proceeds of O’Fallon Park bonds to be paid to fund com- 
MISSLIONSTE Geo eas tena eee tte cr eens, Geek eee ee ee 432 
p repeal of spéclalipark. acts =. hiv oe sts aera ie ee ee ee 
[ ANNOTATIONS. ] 
relation and powers of city towardcils: ane. aseeioee Seen va | 
contracts by city for restaurants in,w here liquor is served. pee 
CONGEMINALIGN OL DLODCrty. Oba caste oeuvres ts levaeevatans ee eee at 431 
special tax bills for improvements by way of............. 431 

PARTIES— 
in) condemnation proceed Masse 2c eee oe oe eect ee ete oe 385 
jefendants inmtactionvasainst civy as. a. eee ee eee eee 457 

[ANNOTATIONS. ] 
in-condemnation proceedingsas oe ere rus sree er ae ee ee 388 
to special ‘tax bills and actions. thereon..../.. 2.20/00. 2.% 417-418 

PARTITION FENCES— 
may order and regulate building of (clause 12)..,......... oar 

PARTITION WALLS— 
power to regulate the building of (clause 12)............. oot 

PASSES— 
on ,railroads. forbidden; when. (clase: 1 oo eae ees 336 

PATENT RIGHT DEALERS— 
power to liGénse, tax; etc, (clause. 5) ita. mene eer a piel cage ee 330 

PAWNBROKERS— 
power to license, tax and regulate (clause 5).............. 330 

PAY-ROLLS— 
all payments on to be made by treasurer.................. 354 

PEDDLERS— 

See Hawkers and Peddlers. 

power to license, tax or suppress (clause 5).............. 330 
PENALTIES— 

See Fines, Forfeitures. 

power to impose, collect and enforce (clause 10).......... 3936 


VI 
XVI 


Ill 


iil 


iit 


Ifl 


Ill 


IV 


Ill 


III 


Go bo bo 
Hm COCO Re OE OS 


> 


ool 


wo hy 


26 


26 


26 


26 


26 


INDEX TO CHARTER. 


{ndex to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


{index to Ordinances at end of Rev. Code. 


Sere etre RT iCLy eT eiis Cy WILOTY Sara. fois Cohen Caen al dv 0:4) cen wale cic en aeaine 
‘failure to make water connections 


6 SD 80 OS 0 6 OSES 6 4) 6's 6 ow eo See C. wee Oe OL ee 


Rerttiver Or leport: GOGLD. « yc caleg giv orelacd Ry Si ele oie hae eee 
feuosunanected by charter, ;when...-.: < fs csen ceo as 
misapplication of public funds, voting or allowing un- 

PASETOLIEOO CIAITINIAG eke le 40 wi cid ose mee ea oie atone irae nese 
for violation of charter 


PERMITS— 
URSIN LER. GOW). USCC e Gres 3s 6.0 kia oe See kn Cerne 


water and gas pipe connections may only be made under.. 
sewer connections 


De .6 2. & = a ele ww 6 & 6 lew le ORO, Sie ae 1G (eee Se eee 


[ ANNOTATIONS. | 


from mayor void where ordinance required 


G6 4 °C, OOM! Se ele Ome 


mandamus to revoke illegal 


S O0 6 & Ge 6, 6 © 0's Ow te 6 610 eo) ws a tapal eae «ie 


PERSONAL PROPERTY— 
See Property. 


comptroller authorized to hear and determine allegations 
of manifest errors in assessments of 


Oe Ky @ 0 Mes OE ee eat ee. 6le ae 


PETITION— 
in condemnation proceedings 


oS © 6 8) ee 6 Sine @ 6) Wale) ioe eee ie eae ol 


[ ANNOTATIONS. ] 
in condemnation proceedings 
in actions on special tax bills 


PHOTOGRAPHISTS— 
power to license, tax and regulate same (clause 5) 


oc) a & Oe Bl © 4) pi ee. 6) Lele Aish eek ew eo iuery a 


O96 @. € mise 6. Vela yee, La) eee nee ee Oaen An te 


si Ope) @ el 1a 


PH YSICIANS— 
members of board of health, to be 
duties of, as to burial certificates 


1.6 SO) 6) 8! CO ee © .8 6) €) e680) SUG e.e ire & 


oS @ 6 4) ’e.'e) 0, os (0) m6 a) @ 8) ae) Oe we tee 


PIG PENS— 
power to prohibit within certain limits (clause 6)...... 
PISTOL GALLERIES— 
power to regulate, tax or suppress (clause 5) 


\PLATS— 
Hapsnpdivisions or dedications, .etc... os... ee ae 
nmrrenerinsnccordance with law. i.v..4 e506 ain es es 
shall not be recorded until indorsed by board of public 
BIIICIPEPVOIION Ga.) hey cliln: «che Sie 0 toe, Oey a das de eee 
PEER POONER TD) LILES co ico. Sr 5c 2s! 04,3, ha ah ats ieee al te tae ee 
fompaenapproved by SurveyOr.. 2s 26k Te ele ee we 


[ ANNOTATIONS. ] 
Prien ign Of Atreets, GCs, (DY sccge’e nserel eos ape ote ae era ueemenare 


POLICE— 

See Board of Police Commissioners. 
no system to be established other than metropolitan 
ETT oP 9 eet ee rare rare e rk rarer er ly aoe 
“ officers to observe sanitary condition of districts....... 
chief of, to report nuisances... .....-- ss eew es ceees 
city counselor and attorney to advise...........-..+-. 
commissioners forbidden to employ special counsel at 
MAEM A OXDENISCS | 5.5.0) 0 3 hoe eee ee oid olery Wie misters ete deen 
expenses of force to be paid by City.......--+.-+.05-- 


VI 


III 


AEE 
XII 


III 


III 


VI 
VI 


VI 
VI 
VI 


III 
XII 
XII 

XVI 


XVI 
XVI 


517 


SEC, 


16 


28 


_ 


et et 


518 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Index to State Laws for St. Louis, pp. 225-256. 


[ANNOTATIONS. ] 
state provision excludes charter power over......... 
are ‘state. and -ClIEY: OLNGCETS coe ele ice cae wilene 
salaries and; expenses Of,, HOW, DAI sees ee pe ue hee 


POLICE COMMISSIONERS— 
See Board of Police Commissioners. 


POLICE COURTS— 
See this title in Index to Revised Code. 


city has power to establish 


B10" 67-012 te aso 18) ee Ore te Teak ene oe kb @ (ee ie 


place of holding 


O/58 (0' 0') a <p. © (6) wo. 8) 8 18 6556) Sine tw kes Ome ap hel er hele Se. S86 *. is. 6 6 


POLICE DEPARTMENT— 
See Board of Police Commissioners—Police. 


POLICE JUSTICES— 

See Police Courts. 

to be appointed by mayor 
approved FDY COUN eos tea te ea ae ee ee 
terms ‘ofvoffice foursyears? 2°F.sc. «ae ee eee 
first appointment to be for two years 
their powers, and) jurisdiction (sige v2, we oie eee eee 
power -to punish for contempt: of court:. «23 eee 
power to enforce legal orders and judgments 
power to give judgment on forfeited bond 
to! be ‘conservators of the "peace ws irc lie eius ene tee ee 
powers and duties to be prescribed by ordinance........ 
justices of the peace to have concurrent jurisdiction, when 
assembly may increase number of by two-thirds vote 
assembly may divide city into judicial districts........ 
may provide for holding police courts, when.......... 
disqualified,.) whens oO.) ccs Ae, ee dee Lianne 
shall provide places for holding such courts.......... 
such places may be designated by mayor, when........ 
shall make annual reports to mayor 


POOR HOUSE— 
city may purchase and hold property for 


city may erect, purchase or rent (clause 3) 
power of city to issue bonds for 


POOR PERSONS— 
power to provide for maintenance of (clause 13) 


PORK— 
may regulate inspection of (clause 7) 


PORTERS— 
power to license, tax and regulate (clause 5) 


PORT WARDENS— — 
office ‘of; :-may. be created’ (clause 4)%. 57.4 os eine oe 


POSTS— 
power to collect wharfage on (clause 4).............. 


POULTRY— 
may regulate inspection and vending of (clause 7)...... 
may restrain and punish forestalling of (clause 7).... 
POWERS— 
See City; Corporate Powers 


®: 8 Vee.) ie, to) fe, Selle ey ee & Be) ee eee. wits, 6, e's) 19 « 


2) 9: @. a0) ye, “oS, \ay ea cae) es 6 Ye 


6 (6 a) ‘ef (oe) Sie) Ve Ss 16 


o .0) * (0 '9) ebie (al s\isip epee 


o. 6 epee a levte Se f6 [Shey penton 6 


ee) Hiehelul.s) ja liebe 
i (ees ete els Fava © 


6! oe |@ lee (6.8) .0) (0) eh a olla i@ (e' 6he) 61s 6) 81016 le 


oe ee wo 


ae de, ©. weary eo we es (ate fs! 9 oe 


[ANNOTATIONS., ! 
Of city—See City. 
delegation of from State to City, or by municipa) as- 
sembly, etc.—See Delegation of Powers. 
to enact ordinances, when none—See Ordinances. 


PAGE. 


328 
362 
459 


345 
348 
345 
345 
356 
356 
356 
356 
356 
356 
356 
357 
357 
357 
357 
357 
357 
364 


294 
328 
320 


333 


ART. 


IV 
IV 
IV 


Itl 
Iif 


SEC. 


25 
27 
27 


INDEX TO CHARTER. 519 


index to Scheme, pp. 279-286. 


{inex to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


PRESIDENT OF BOARD OF ASSESSORS— 
See Board of Assessors; Assessment of Property. 


PRESIDENT OF BOARD OF PUBLC IMPROVEMENTS— PAGE. ARTs) BEC. 


See Board of Public Improvements; Special Tar Bills. 

Sh aliiewelec. eu wtOl, TOUT VOCAL Le ini aed a ile c's Sh acetates 344 IV 1 
SUGLP GTeseenl bees OL DORAL ie oldie cies guits wipes tudes ipsa 361 IV 4) 
shall have charge of public improvements not specially pro- 

WA CLOT Mee Chrnter trae te ts ee ETN beret lie doalesdumaberey atk 361 IV 41 
shall have general supervision over departments of other 

SPC OMIT IGT OTT eT ammnrC Nn a Ltn tates cit ls bts hace oka Wide her We an 361 IV 4] 
shall inform mayor of dereliction of duty of any commis- ’ 

LESTE eee ee en ey AO. Ae ge Ga ok na ee vies ie. gins vp 2b take ches 361 IV 41 
shall authenticate special tax bills, when................... 1 ite a 1 
Stalls Ma hasan Nual TepOrrs WO FMAYV ORs), jny<5 siecle aie wists tenis aie 364 ly 47 
to certify and register special tax bills, when.............. 413 VI 24 
shall contract for abatement of nuisances, when............ 446 XII y 


[ANNOTATIONS. ] 
authentication, signing, computation, etc., of special tax 
SNE) Deere ee ee ee a ean ete cae tae ab aa tials Se ora ARES lade 413 


PRESIDENT OF COUNCIL— 
See Council. 


SIS US Ie Uy ee eee cities hare tenes. Sack eters aks sehen anet x etal viol aie III 22 
CU ee Tie Ue We RROD is es aie ke ee, ea et Nos ee ee Ty wcwte ta ede 352 IV 17 
[ANNOTATIONS. ] 
PUNE OREO ICR IELa LIVE Reiter ies su As cate ale Se Wig a Wek ek. 307 
PRESIDING JUSTICE OF COUNTY COURT— i 
WuLyeolr in irererencesr0-O Wallonerark. DONS. :2 uss. 6a. 53 432 VIII a 
PRINTING— 
See Public Printing. 
PRIVATE PLACES— 
PUT OICIOU GAOT ESTA DITSI INOS TOlerct oor oc Sel ele eoaces: aum oleate oa 380 VI 1 
no public improvements to be made on..................-- 401 aa | 15 
MALTS ATICOAE ALA VOCCOLL Sr eto tibaka oat ee eee a Fe ote ea an tett ae aici eh aera) se 445 EL 6 
PRIVATE SEWERS— 
See Sewers. 
PROCESS— 
duty, of) city, marshal in reference to. Vvc ses ea 358 IV ob 
by whom served in condemnation proceedings. ............. 388 VI 3 
PROCESSIONS— 
municipal assembly to provide for regulation of........... 458 XVI 10 
PROFESSIONS— 
power to license, tax and regulate same (clause 5)......... 330 III 26 
PROPERTY— 
See Condemnation. x 
SEEe IIA VACARO ANGLED OU Anes cs dave cad sey pa hetero aonb nln, caotond 294 1 1 
city may hold real estate in county....... OS Lee eS be -Wab nick 294 I a! 
city may take and execute charitable bequests............ 294 I 1 
TOtew Dau purposes: acquired end held msn us ek ae et nc 294 I 1 
; PS: ( 294 ek 1 
city may purchase, rent or lease, sell and dispose of same 1 328 Ill 26 
294 I 1 
PUMPER SLES. ALENOUC GS Gis AD si elas GU CRT lege oc A we aed Soule es td wie eles 431 VIII 4 
persons may be required to aid in preservation of (clause 
ee eM Nt Mr Coren e stele Mei NOG ef SE SR Oe eT © eee? Bor III 26 


520 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Imaes to State Laws for St. Louis, pp. 225-256. 


comptroller to have; supervision >... aan eee 2 eee 
of water works cannot be sold or disposed of.............. 


[ ANNOTATIONS. ] 

authority of city to purchase, hold and dispose of........ 
Sibject. £0 (Laxation ce hrs. tec Dee eee eer eae 
title to public, not lost by adverse possession............ 
title to, may be acquired by city by adverse possession.... 
dedication of—See Dedication. 

condemnation for public uses—See Condemnation. 

special taxation of—See Special Taxation; Special Tax 

BUls, 


PROPERTY QUALIFICATIONS— 


commissioners in condemnation proceedings to be freehold- 


(Yt ete Rah AR MOE OOS “wos eokcan Gaoeceoan oe dio & ObcG Die.o! cath O cholo, Oca ee 


PROVISIONS— 
may regulate inspection and weighing of (clause 7)....... 
may restrain and punish forestalling of, etc. (clause 7).... 


PUBLIC ADMINISTRATOR— 
See Scheme, Sec. 5. 
shall*be. elected-every: fourcyearseactae on sete ee ee eee 


PUBLIC BUILDINGS— 
rate ‘of ‘taxes: for erecting, how mcreased=..o2.5 235. ees 
revenue for “erecting public: bulidings:.s...- 3-4-5 6ee  ee ee a 
power’ of “city)-to: issue" bonds ior. oor nti se ee ae ee 


PUBLIC BUILDINGS AND HALLS— 
powerto license; tax, etc (clause 5) ates erste chee nee 


PUBLIC DEBT— 
See Indebtedness; Revenue. 
sinking Tundsd 6. SP ee ee oe ee eee ete pate ee 
taxes collected for to be designated “interest and public debt 
TRV OTUs Oh ae ecclesia ew Se pan Wee Ul eae ea atl sean eet eevee ne 


PUBLIC GROUNDS— 
to inclose, improve, regulate or sell (clause 5)............ 


PUBLIC HEALTH— 
See Health Department. 


may be secured by necessary measures (clauses 6 and 14). 
may prevent business dangerous to (clause 6)............. 
health commissioner to have supervision over............. 


PUBLIC IMPROVEMENTS— 
See Board of Public Improvements; Streets, Alleys, etc.; 
Public Work. 


at: city's expense, “when./. .. 5... .0 ee 5 ca of ee ee cee eas Ge eee 

DONS FLOR Iyr ia s ass ee Se ee ee ee ie = hs 
PUBLIC LECTURERS— 

power to license, tax and regulate (clause 5).............. 


PUBLIC MEETINGS— 

pewer to. rezulate same (clause 5) i. owe se & pena ce en ereree 
PUBLIC PARKS— 

See Parks. 
PUBLIC PRINTING AND BINDING— 


register: to-bave supervision of 4/5247. ie ee eee ee 
régister,to CONtrACtcfOr son Sc ve kh fate ee eee etree Tiere ee 


Co 
oo 
ol 


VI 


III 


Ill 


XII 


VI 


VI 
III 


Ill 


wR) 


IV 


XV 


SEC. 
20 
13 


26 
26 


INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


{tex to Ordinances at end of Rev. Code. 


register to advertise for seaied proposals.................. 
DG LO Dor emeneG In Onice (OL TOSISter cits... .co6 nek woe a ee eo 
bids with erasures, etc., not to be considered............... 
printing to be awarded to the lowest bidder................ 
Hide anda wards to: bé-reported to council... occ... s..cses e 
if council reject, register to advertise for new bids......... 
Porat eed F CCRECTOTAITIIY VA. WEALULS cle aie oe Sete oe che ais tees in ee xbece cs carat 
CURL Tati? OUD ILS DLRILUAD Siteiec Ghose ovo. paiyess eek ares 5, chetge lave es 
BR CHICHUIOIIBEOLY COULIACLS ere snie lets feos ged fork sae Picea aisle gp sce ics 
PLAT PU EGLE Voit Gar) Le aes erie ire ea a tv a ae ce an reek 
SCOT INIUI II OCT OC en tcciche oie hs By Sa Tee OF ep eee 
TOSLOITUSC Mice COLLTAG Grier dre kece a ia ache er tdeie wns Siveca S's pr to aces 
SC ractues GratOU) Drills ANG POITLU LS 9. os cme ordered eae Meteie ake deo 
register and mayor may contract temporarily.............. 
Pima ETOTIMO TRON: TALL OCS Gass nohlal ate ais tare fe mo peite chick taker IC pire 3:15:50 
DUiCAtION«GL, Procecdings*Ol ASSEIMDIY . cee oo em a se cite 
second printing of documents permitted, when............. 
MEU AIROLIN tine Ol CLEY : CLOCIIINCN US is. or, aikele ver eck wom neste 
proofs of all printing to be submitted to officer interested. . 
to bind city for payment, prescribed regulations must be fol- 
FO WOUb er tet at et ee hele ais Bras Us aa as Gud evita wicks Side 
[ ANNOTATIONS. ] 

of ordinances within five days not applicable to revising 
epg eu keri te see Mea, ee = Me Dr tee 4) Sa eer ae ora ee 
failure to publish ordinances in five days, effect........ 
when unauthorized, ordinance to pay is void............. 


PUBLIC SCHOOLS— 
CICYFOICeTs: (0 Assess SCnOOl taxeGn.c 5. ise. coe ee ew hs 
CALV COLECLOT LO COLIECE SGN OO) TAXES Uo. 2 See re Rs ee ON 
beard.to ix rave. or school-taxes annually tes seid al 
SCHOO MLA SLITSeRTONGCOFLLIM TLS aotreates i's « chdtareite twee a Sue fC whens 
RTL VOLO TICLE a GL cee cele cecge a cele Sele k eae he otaiel is whe bepreeye 
COME OMe Oa RGIOCEGICLIONS ) aca e see eee a beiecae meet 
[ ANNOTATIONS. ] 
GITECLOL OL ISP ALAPOCLOMIGEr 7 tia. oe eee coe ble mwa e eee. 
NOALTUVOPeCOUCALION TOL se oer had Cemiea hice C8 oe Sd Rieck oe wile 
school board, nagure of corporation, etc.................. 
Sil Onl MOAT EO LeC UL OLS tor oe © ee Reet tenet. eels foul didn Sas, Se 
garnishment, execution, etc., against board of............ 
BISCO ERO EULECCLOES § OL ert ie cr ee ec ees Bie erat 


power to levy and assess taxes for school purposes....... 
power of board to determine rate of taxes............... 
power of board to include merchants’ tax................ 


PUBLIC SEWERS— 
See Sewers. 


PUBLIC SQUARES— 
DEVE ORL LAE) CUE SLO Wirral >< one cpabaroee | oh caeiee aes hase es tae oin abe ee 


PUBLIC WORK— 
See Board of Public Improvements. 


indorsement of estimate of cost of, on ordinance.......... 


improvement ordinance to contain specific appropriation.... 


ordinances for to be recommended by board of public im- 
PEERY TOL Oe Ses oie eet ar dis 4 oe ae eae terete CaN cy) x's tachi etw a's 


e 


XIII 
XIII 
XIII 
XITl1 
XI11 
XII 


SEC. 


© WNNN NHR H HEH eee ee ep pp 


OV OV Ol co dS 


522 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| mes to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. 

( 380 VI 

: 395 VI 

Maintenance Or SUAraney foo ecs-o eee ete clea sock ee ee 401 VI 

be VI 

no Hiabilityof: city) zrowin2 outsobe Whentae.. oica). a4) eet i we 

: { 421 VI 

assembly forbidden, to"contractslor: a... .. > <a. eo eee ee 1 454 XVI 
emergency work and repairs requiring prompt attention ex- 

RODTOC Ho is Sach iio rarest: Bnet ee RSTO Nias Cra esa bass Grater Rate ete 421 VI 
board of public improvements to submit ordinances for pro- 

DOSOG ey sa Scale eletale atc heieeeta tec Uae mone Eee rota Ga” veh Nah Tene 421 VI 
advertising for bidsPrTreqnisitesi eee ee ie tila sete eae 421 VI 
contract to be let to lowest responsible bidder............. 421 VI 
who deemed not: responsible: bidder. ose oe ows we ae cee crate 421 VI 
bids may be rejected. j.420- 8 Bee Re Perse eco eee ie ae 421 VI 
sureties. on CONtractOra DONG We cee ce eet nis a wie stone 421 VI 
certified check: to accompany yall bids ane ee ess ee 421 VI 
board ‘to. let-contractS 10r.c, oun. ee seo eee aie nae 421 VI 
ponds relating TOs Soa eate a eee ee ee eee nT tao oe ee 421 VI 
work may be done in parts, but appropriation shall be made 

OT CACH ADATLS ya: aie aires sais eon ets Pie ae eae eT: Semen: Gy 423 VI 
contract,” provision torge es ee bare ee eee et eet a 423 VI 
may: be suspended; When... siwia coke eee elt clvier tower 423 VI 
suspension of work on complaintiice..2-. ee ee eee ene cette 423 VI 
board of public improvements to examine and report cost, to 

be: Pala Dy WHOM ei eens oe ke UR ree a ee 423 VI 
contracts for, relating to water works to be let as others.. 427 VII 
all contracts to be in writing, executed in name of city by 

proper ‘Omicers s..¢.. soos 6 es ea er ee eee 454 XVI 
to be made by comptroller, when............ ee dt 454 XVI 

[ANNOTATIONS. ] 

special tax for—See Special Taxation; Special Tax Bills. 
notice to property owners of meeting, materials to be used, 

cE OO ORNL Wine eI MERI Por ee Po MIN Ee iuni re ge dy SA eu aR kg Eo 399 
owners concluded to dispute necessity of, or benefit from y 399 
thetordinance: Lorne. %. feats ete ie te tai case ai eect ae cee 401 
Dro rtanto iTeCOVery) TOPs os & ces See he ieee eae eee 402 
maintenance and guarantee clause in contracts for...... 402 
estimate of cost to be endorsed on ordinance for........ 403 
ordinance for must be recommended by B. P. I......... 404 
same—amendment of-ordinance 30 oe, ol ee ee 404 
repairs—See Repairs. 
fOTUBOWETS!. Usha AUR ORL so egal eee he rae See ee 409 ; 
what strictness required to enable recovery on special tax 416 

DTLES fei eRe AS GR: Be hale Aree sa ee ee cde en ee 417 
interference of city with, liability to contractor.......... 420 
aA iE: A Mid dW Ay Ares TAMMIE PANE SB Ce MARA p a HRT AUAL Aap en AREER. So Hapaiaee 
contract must emenate from board public improvements. . roe 
dotting .eo.clLOWest (DIGdEr.), 25 Gee eee bide eee ee) en 422 
notice. /of@lettin 2) 70 ks oe Se i es ie ee ee 423 
delay <inslettinge Contract. 47-..4. +s ee Pie raes egies het Acne ee ats 423 
conditionsvn (contract: Loris 2 ieee aie ee eee eee 424 
DONG. Of* CONLLACTOR ALOR. signin oa ac an ae Peer 424 
time for completion of, and its effect on validity of special 

TAX DELS aii ee ae ese OR Chere be aie aleve ate eh eran a Te 425 

extension ‘of time for completion of/. 70. ..% 2.42.0 ee eee 425 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


{Index to Scheme, pp. 279-286. 


index to State Laws for St. Louis, pp. 225-256 


O 


QUARANTINE— PAGE. 
power to establish and enforce regulations of (clause 6).... BBY 
<Olgerinsenarce or health. commissioner. «0... acs tees eee 6 444 
Sipermienvent,-ofsshowsanpointeds ) asda Seay eae uk 444 

QUARRIES— 

DOWEL O CORUM lALG BAUION ClOUSC 0) oie. ois oir cists nb iu fa ts sroueces ti arcae Boa 
not to be opened within 300 feet of dwelling without consent 343 
IR 

RAILS— 

COSGPI COTM OLN ase wird & hats ai tc',' «2s cusene atthe Wea sab oie m4 eo Wan 439 
to keep space between rails in repair, etc................ 439 
RAILROADS— | 


See Franchises ; Street Railways 
RAILROADS (STEAM)— 


[ ANNOTATIONS. ] 
in streets, when ordinances for, void—See Franchises. 
notiexempted from» special- taxation... .90i hein BO tees. 398 
as to street railways—See Street Railways. — 


REAL ESTATE— 


CLEVE Avene eG. OIG GLGe vi cone nag lene uses Re bia one ooo cuhe Listes 294 
[ANNOTATIONS. ] 
right of city to hold, dispose of, purchase, etc.......... 294-295 
dedicated to certain use, diversion to another........... 1 3a 
excavation, city cannot change common law duties...... 338 
pace hs Tela age. gap o oird h By' ea ies SOME ye ALINE, a lads ON lal aia eI Ae 368 
dedication of—See Dedication. 
condemnation for public uses—See Condemnation. 
special taxation of—WSee. Special Taxation. 
CON VEVANCCIDY *CIUY LUOWENIAUIG elti naan s valais gs steve ois! as 457 
ORS AVA CIG Ser ie ty arse Relates tates Pr chat iar asap ois. cone af Soe sah ope Eoerame 457 
REAL ESTATE AGENTS— 
power to license, tax and regulate (clause 5).............. 330 
RECEIPTS— 
354 
TOcUe IseueOsID Lr DliCaLoe ny. LLOAaSULCl a os inh tee aa co ore ; ok 
| 429 
RECOGNIZANCES— 
See Bonds. 
LOSDesETaAToCcced “DY  CHATLEI: WILT gst oc.6 ce cinckih Oo aoa ea Coneeeg 453 
RECONSTRUCTION— 
See Public Work, Streets, etc. 
RECORDER OF DEEDS— 
BIGCLOUR LET OUE AY CALS coi. coy a cleo Mn taal NE alae KS ei cals 344 
duty to deliver conveyances to Pres. Board Assess....... aie 
duties as to recording plats of streets, etc................. 379 
REGISTER— 
314 
shall have custody of original ordimances.................. 339 
355 
Porn ate Lt. BNO TG OTOINAN COR ii eure saleha seatens + wi oN ee ae J 339 


( 451 


ART. 


Iil 
XII 
XII 


{II 
III 


PA PS 


XVI 


26 
34 


22 


31 


524 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Inaes to State Laws for St. Louis, pp. 225-256. 


to: be. elected .every fourcyearsucs.. 5c dee ee eee eee 
to“have custody of/ city seals eee ea ee eee 
of ‘contracts; deeds? ponds::GLGeesey se wack eee eee 


to register all documents by numbers, date and contents... 


to attest all public instruments of official acts of mayor... 
to certify, copies of. originalpddcnments.. 1c... eee eee 
may charge feesfor certifien copyinees .oiwcntre ee 
shall have general supervision of public printing.......... 
shall cause to be printed, filed, etc., all ordinances......... 
shall register and preserve contracts and oaths of officers.. 
may appoint clerks with approval of mayor................ 
may,administerOatnsetowonicers ss. «05 4 see ke eee 
may exercise same authority as clerk of county court...... 
to issue blank licenses, tickets, permits, etc................ 
to stamp with seal and deliver to comptroller.............. 
shall forward collector’s bond to state auditor.............. 
to. contract (forall @arintingvand* bDindIn?.. 4 ee 
shall advertise for proposals for public printing............ 
bids. tobesopenedrenitice (of. 2-4. 2e) we eee oe ee ee ee 
shall report;.DIdsi amu sa wards tO COUNGII <3 e). oe. eee 
shall advertise for new bids if council reject............... 
specifications: of ;comemect, for Printing. acne 2 ee eran eee 
contract forviob primis and: bindings sie jae oe ie ee 
may temporarily contract with approval of mayor, when... 
attested copies of contracts to be furnished to officers inter- 

SSLECLIN Das te aieiia A 6c siv eo ace GRE ey ARERR aud oer cease etaeioe rien 


[ ANNOTATIONS. ] ‘ 
duties of former county clerk transferred to............ 


REGISTRA'tlON— 
See Election and Registration. 


REMONSTRANCE— 
arainst¢streeti improvements,\6lGcw..- > ace eee ee ter eee 
two-thirds vote of board required in case of............... 
when made, requisite vote in assembly.........../..-:.... 


[ ANNOTATIONS. ] 


against’ street Improvements see uiscc set fede ose a erate set eee 


REMOVAL— : 
See Council; Mayor; Municipal Assembly; Offices and Offi- 
cers. 


RENDERING FACTORIES— 
not to be opened within 300 feet of a dwelling, except by 
GOUSEN tase re PA aA re WA PERN aed reas PROD. FE Th NG Cong 


RENT— 


cityicmay. Ten Ce property.c’) eee. cue. ederim eencene etan s ee 


REPAIRS— 
See Streets, Alleys, etc.; Sewers. 
of- district sewers; paid for by. city.2.ee ieee eae ee ae eee 
requiring prompt attention excepted from other public 
WOL Kees cee acetals cata Terese ee enone ARES canaies Get ae eee 


[ ANNOTATIONS. ] 
of street paving, clause in contract for improvement..... 


of streets, alleys, boulevards, etc., who to pay.......... 


454 


292-293 


394 
395 
403 


( 400 
\ 401 


VI 


oo 


het ee OT 


~j 


14 
14 
16 


21 
27 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 
| Ines to Scheme, pp. 279-286. 


525 


index to State Laws for St. Louis, pp. 225-256. 


REPAVING— 
SCT ie he ate Re oats vo, ita abide oO wine betwle kaise” alintes as osteoma! aaa wie 


REPEALS— 
See Ordinances. 
general ordinances of prior date may only be repealed by 
SEeT TS ESAT TEN Oe RS Se ea! aon etre ae bah dae bias Sietdeac’ «seh aMaoute 
CIF SDECIGLC DALE (ACURA ita HOP in Aiea Feta iar) Os (Ph taatete wnleed Dele os 
not resulting from adoption of charter, when 


eo) 02d) a! 0 6) er ees Te ey 6 


[ANNOTATIONS. ] 

of ordinances—See Ordinances. 
of charter or ordinance provisions effected by inconsist- 
ent statutory enactment 


REPORTS— 

chief of every department to report annually to mayor and 

aU CR VTE OOIT DLT Ol LO totes, aie eiaca arden ratte e niet ets te aretits © coats sc 
annual reports to be submitted by mayor to assembly..... 
of comptroller, auditor, treasurer, collector and marshal... 
NPUGATOULOS eOUOLIC TMprovemenis crcces cry slene hee 6 via Met ae 
of commissioners to assess benefits and damages in condem- 

PERS Pe Tei". 0 oo eae Pir Oe One ae AP ae OT hy ky eer ea Ne ce ar 
of commissioners on complaint of citizens against con- 

EPACLOTH Ee ory cate eee eh. uae Mee sche 1 BRS EREEL ee ote ede 


ORS 0) Cel 6 Oe .8 w sere 6 a @ ® ere 8.8 8 6 ¢ w wee 


RESIDENCE— 


residence of officers 


1b sa oF al a ele ©. £ S Je Gus Se. .elw 9116 We: @ Ge S ce 6.6, 0 #48) 6) eB! ©: 


[ANNOTATIONS. | 
and citizenship as qualification for office 


RESOLUTIONS— 
See Municipal Assembly; Ordinances. 


RETAILERS— 
power to license, tax and regulate (clause 5) 


RESTAURANTS (OR ORDINARIES)— 
power to regulate, license and suppress (clause 5) 


REVENUE— 

See Appropriations; Collector; License Tax: Licenses; 
License Collector; Taxes; Treasurer. 

of state, power same as county court of St. Louis county 

(clause 13) 


Te, O eNe Oe 8) el eee: wher ve 


Pi © ofa. O16 esi -el 6; 6 «ise 


tiles ¢ we 4) © Js 


* Ge. iene 67616, 6 C0. 6 0 Ce @ 6 6 .e/e 6 O16 ee 6 € Cher © 18.6 © 6 6 6 66 6 6 0 


atiecollections to. be’ paid into city=treasury.: +o... sce ce 


See RIETatitGrt PEM ILE DPOROS et de ok eee ee lie hots oie en ee tke 
for erecting public buildings 
levy and collection of taxes 
rates of taxes 


eRe) by eee ee) O86 OOS gw) & Se) ees, 8 e) ole eee fs 
CAO LON e 06S ee STS wb Bene oe! QS. Sm as 0, @ 8 isl 16. ¢. © ee 
mW Of Waa) @ & 616d. ee) C.e he, S.C ‘eaters. @ Wiese ie 610 Oe Le © 6 648 © mw is: 6 EL ole 


Si 4),,6) 80 ee 8 6 18 


payment of taxes, how enforced 
A TOMELO Es VALEUR LEO ULL hee eee at ae aes coy e Bo  fade ae won Beek wh 
PBBTIGLOL ORD et LICGIIMe LCs a te ae Me hd awie Lp estate ie Ee dese 
taxes collected for municipal purposes designated ‘‘municipal 

TRV OIC ee 5 cant eotra te Copreae Bod BE eo: oc RS TAO Rae eat AGs 
taxes collected for the payment of the public debt to be 

designated “interest and public debt revenue” 
classification of taxes 


ie) ea 6 8206S Coe a We |b) em 6 Gey © 'e) ek) a 6 


‘ee 6 Bsa 4 o © 


o Scere Se eee! ee Oe ee eo Oe) ee eee 6 bh) ee Sis, Se 6. Lee 


ART. 


V1 


Il 


VUul 
XVI 


Il 


Il 


dd < <ddd444<< 


— 
OU Hm 09 te eH ee OO SD 


SEC, 
14 


26 


6 


526 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Kev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


settlements “with ifiscalt officersrii aipeat vs pen ee ele ae tee 
all revenues to be collected by collector except 1 water rates. 

from? water ‘“works;) hows appHledaye vere tee a ews eee tae 
from: harbor. fees; howsappliedy noses ees ce se as ie, coe ee 


[ ANNOTATIONS. ] 
functions of county officials before separation now devolve 


on collector sn aes Be eae ea eee Se ita oe eee 
and taxation, powers of city, etc., discussed............ 


collector cannot now collect dramshop licenses nor 


licensés Vin’ SENeTAl cr we Pore eee eke eealo tre a sib arsdcnines 
See also Taxation. 


REVISION OF ORDINANCES— 
BVEryi Tive: Vears’ TeCUITOO e-toc ue no rena nt ian Se de eee 
[ ANNOTATIONS. ] 
revisions of, etec.—See Ordinances. 
RIOTS— 
power to restrain and prevent (CLAUS EUG ee aes pier en iesie. cer eb e 
RIVER— 
eastern’) boundary “OL CICY yo ee re ee cee ir Soc he 
power to guide and deflect current of, etc. (clause 4)........ 
power to construct improvements in harbor of (clause 4).. 
Harbor Pdegnedy ie Oe We oe oe eT eet ea en en EB Narra 
City’ SC JULISdICLLON FOL. wt. U5, cit. Gaither renh a eee ne een ee le 
[ ANNOTATIONS. ] 
free bridge over—See Bridges; Bonds. 
FUTISCIGTION POVET aie was aie eee aie ee Las ca a a eae es a 


is hizhway—obstruction  ofsete ss ae eee eee 
ROADS— 
citizens exempted from working on............. ABST MAa Te ste 
RUBBISH— 
dangerous, may regulate safe deposit of (clause 12)........ 
RUM— 9 
may ‘resulate inspection ote ( Clanseas ies we sce 
RUNNERS— 


power to-license,; tax or regulate; (clause 5) esas ween 


ST LOUIS INDUSTRIAL SCHOOL— 
See House of Refuge. 


SALARIES— 

Of-members ol Assembly ev onc stein cuca etree a tenn Cee eee 
no officer receiving a salary to receive fees (clause 8).... 
power to establish salaries of all officers (clause 8)........ 
no salary of officer to be changed during term (clause 8).. 
of president of council or speaker of the house when acting 

ES SITUA Y OF fy cok Wisin, 2 ihiehec sales) See ROALD Aa om EN niet cere er nae 
assembly. to, fix; salaries: of -allvorncers in eee eee evi 
may. increase.and diminish: by ordinance) osu eae 
no increase to be made during term of office.............. 
no salary; tonexceed!. $5,000) persanniniwa. eee oe ee 
no assistant or deputy to receive over $2,500.............. 
no ‘clerk towereceive over Si1:800c once leice oe) won fanaa eee 
all fees, perquisites, etc., to be paid into LlOASURV a as oo are 
to ‘be*paid (monthive: oe Pe Si een onal ee er eee 


[ ANNOTATIONS. ] 
de facto members of assembly cannot recover............ 
whether de facto officers may recover.................6. 


officers receiving, cannot receive fees, or pay for overtime { 


change ‘ofldadurine.term we tips wanes oe ee ae ee ee 


335 


295 
329 
329 
433 
435 


296 
296 


457 


337 


334 


330 


311 
334 
304 
334 


352 
459 
459 
459 
461 
461 
461 
461 
461 


311 
460 
334 
460 


III 


XVI 


III 


Ill 


Ill 


Ill 
Il 
III 
III 


IV 
XVI 
XVI 
XVI 
XVI 
XVI 
XVI 
XVI 
XVI 


29. 


INDEX TO CHARTER. 527 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Indes to State Laws for St. Louis, pp. 225-256: 


PAGE. ART. SEC. 
office may be abolished, causing cessation of............. a 
AINE BX PCINGH + OL. POLICE... inch. Hak CeO ih eles smeaee tied 459 
Fle ee SE RL LOUIS SLOT 1 o:5, 1, Sse suedens abet carmacs al muaiebe eee were laea'e 459-461 
CUTS AUS DSN AION) “Period asm Pee elk os Atlee el 460 
460 
BRGISTIAUT LIEN OL ice o cenls 4 es SU tne wire aN ae ta | 
458 
CEN ITP WEF SSE Uh) TED we WY AEN ce ie eis eee tks chan sei Bi bnw aheteh ee ae 461 
SALE— 
CE RL LPL OLE cette conta eee ie eke aunie tha yicnertedehs gaconeans es 294 I I 
SIE WEL ter WUAIE BRS LONE TA CTR conc indouenakce bates we thdind ard es BP ew tae 430 VII ie 
of parks and squares, how may be made................... 432 VIIl 4 
[ANNOTATIONS. ] 
CONvev ancestry CIty) HOW INGOC, "CLC Marat atate ts iv lal Wee ks at 457 
SALES AND LIVERY STABLES— 
power to license, tax and regulate (clause 5).......... sheds 330 Ili 26. 
SALOONS— 
See Dramshops. 
power to license, tax or suppress (clause 5)............... 330 Ill 26 
SANITARY SYSTEM— 
DOWEL OeOCen iS AOCIAISE uci huhe cis Guchs ode caters, 3. seiuasere iol oanes's ad ch 323 III 26 
SATISFACTION— 
Pee StCO TRE UL tI 11 LOTTI CO ROL ae che esis hehe ser eae nee Beh ahs 414 VI 25. 
SATURDAY— 
[ ANNOTATIONS. ] 
BY aL ERLE COALNT ch Yee Raat tee ata Ake ch tat ooe ic a Po Ache ge aaah Re wteiogie ge woablin shone aahadonins 350 
SCALES— 
power to regulate and establish standard of (clause 7)..... a inae 26 
TLCS GEOTA A MeNia es a Lae ree aig ANIL 8 Yh ariot shy alee alain Sisls accmaate.s 358 IV 3 
SCHEME— 
mayor to promulgzatesin’ pamphletufsrm.eccis 2 be aS 453 XOVE 5 
[ ANNOTATIONS. | 
Mere adonteieana enect, OLsadOPLiOlls gery staked Raves Ck 289 
and charter—See Charter. 
SCHOOLS— 


See Public Schools. 
SCHOOL PURPOSES— 
“lc ont phar A Ye Oa, ae a A age ae BR REAR) Ao Mae SC See: 449 XI 4 


[ ANNOTATIONS. ] 
See Public Schools. 


MOMreE ty) EV Vo Lawes 1 On WI he oe ae Ue oat init, ola UE Aveta 448 
SEAL— 
power to have and use a common Seal.........6...ee-eeeee 294 I 1 
Pee ater LO avec CUSCOG Yur Olli. Wve sre acd ale o 0's sn fe Uehara Wea s o > 355 IV 23 
to affix same to public instruments and official acts of mayor 355 IV 23 
to certify under te copies of original documents............ 355 IV 23 
SESSIONS— 
See Municipal Assembly. 
Seer DUeTER UNE A Ak SAGs Siac cig pees ree wr eaa et Oma ELL Cre e Stee » ys whies 6 308 Ill 11 
OEE LS eh is aS aS oan a EAE Nn a ORR ie oe een sh eae 3D2 IV 18 
[ ANNOTATIONS. ] 
POBEi a OF TUN ICINAl ASECINDIY oasis ese ss dis ete be eee s 352 
SET OFF— ; 
damages and benefits in condemnation proceedings.......- 393 VI 11 
SEWER COMMISSIONER— M 
NN TTT TEENS OL GAY aah acts Hotes ob ine Detcagss Bile lo Fque int yen ee tana ee ond yayo s. 345 IV 2 


POR DeSaDUOINTEN DY TOAVOD.. 6 sie soles ee Oe ee le ee es 345 IV 3. 


8 


[INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


shall be a member of board of public improvements........ 
approved Dy COUNCIL, s 26:5 ese w eck oes ie share epee ene wh tea 
shall devote his whole time to duties of his office.......... 
shall be head “of seweridepartment.22 +20 eee ee ee oe 
shall be responsible for action of his employes............ 
shall:;shave charge ot all’sewers a.) os oe ees Cae alae 
assembly may provide additional duties and employes...... 
shall*‘make- anmiual’ reports (o°mavor: 7-5 eee ae ee 


SEWERS— 


See Special Taxation. 
power ot. city Sto, issue; DONGS 1OF: + y..4 eee ae eo oe oe 
power to construct and repair (clause 2).................. 
city mnay rezuwlate use of. (clause:2) .., cee een Ge ce ee 
construction, repairs, etc., of all sewers to be under charge 
of sewer commissioner... oc... 500 ee ee eee a ai ok ae 
condemnation, of private Dropercy Ors ee eee es oa ese 
classification: of sewer: System... te eee eee ees 
public. sewers) defined .42 7.0 ees a ee ee Ae 
district_ sewers defined... 7a... . a eenreeie cfs Ve Ah ae 
joint, district ‘sewers defined: si 33.5 ee ee oe kk 
private sewers ‘defined s J 44 ws. ne eee ee 
district sewers, establishment and construction of.......... 
district maybe ‘changved.. .. 3 ac. ae eos ee. 
special taxation) for authorized; 22.4. 35 eae 
repairs and other incidental expense paid by city........ 
reconstruction of, permitted at expense of property...... 
joint’ district sewers, how established. +. ..¢c2 see eee. 
special taxation for how levied and assessed............. 
when territory outside of city limits is drained, apportion- 
MENG OL EGR. yi ye eid ess es aw deere ne ee a, 
may be constructed) inisections.cs } ase eee een ee ie 
private sewers, city to be at no expense for same........... 
sewers and drains deemed private... 2.) es ee ee 
may beéacquired Dy ‘City 0 oe oe eee eee ae 
special” taxation ‘therefor authorized vi. 2e-e ewes. ee 
connections with other sewers, compensation for at option 
OT CLEY Sabie one vente wo ea eee aoe o sek Lule te TENG OE ate cet 9 2 

[ANNOTATIONS. ] 


connection with denied until special tax-bill paid........ 


city’s right to lay, superior to water company’s rights.... 
liability of city for defective, or for overflows............ 
classification of; under ew .charter. 15 ao eee sw 
definition. and; Object.0fs. 8 poe. 7. cole cn eeeenieiaie’s cae 
how created, not by user but ordinance.................. 
how far assembly may delegate details of construction... 
in how far the determinations of the B. P. I. and of the 

municipal assembly. are -conclusive. <0... cee we ee 
in whom discretion for construction of, vested........... 
SPECIAL BCAKACLON —LOT ais nie a teset sacneta wea we ee etait eee Penis pedi Soe 
ordinance for construction, where to originate........... 
repairs -Of, SNOW! DAI ee te eal ees ot lee coe ee ae ets 


SEXTONS— 


shall make a weekly report of interments................. 
penalty for permitting burial without certificate............ 
penalty forsfailnre tosreportisaccis ak cee Gee ee ee eee 


SHERIFF— 


See Scheme, Section 5. 
to be: elécted sTormiiourrVearsy no. <b asere ee ee ee eee 
may have such deputies as are provided by ordinance...... 


[ANNOTATIONS. ] 
whether’ state or; city, OLncer. .o 4. . .4 oe fee eee 
certifies what fines to president and directors of public 
SCHOOIS; dete pobeGra.c dalies ow Slee tre tls Sie eee 


XII 
XII 
XII 


IV 
IV 


11 


13 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
[Index to State Laws for St. Louis, pp. 225-256. 


{inex to Ordinances at end of Rev. Code. 


SHINGLES— 
power to collect wharfage on (clause 4).........-.--2-020. 


SHOWS— 
power to license, tax and regulate (clause 5).............. 


SIDEWALKS— 
SOCEM LLAAX BOM CONBLEUCKLON (OF ge oso h'd.5. ou ee g wien thee bie eee oes 
Peers TOP POT ECT CUED Cilio, ale kis wish cls 6 esx! <i ePevcl ois wales clare 


UNSEEN GN sm at Pere RSC iee cic als o's eed si ska acghaiewthiwie we Ae bn, 6e 6 


[ ANNOTATIONS. ] 
See in general, Streets, Alleys, etc. 
ais et MeATI OMe OL COUSTLUCLION OL c:< oe dats wuss coe it cine ale te 


ea PR EE Ermer TTC We TIAL et clue ye gta nce isha MS ei epalla Wars jens Ges Hm ® 


SINKING FUND— 
PEE VIN Cle COT LAL). DONO S 29.4 ois a sale bin aced slbs + Son aeaer we pte. « 


OS OEE OTE Ee al kt CO TR AST ete Fee na RE UR ROPIRA e aRS e  aPr @ CAI PE 


Pee eee Oitig WALOTEEALCS 2 605). (eu's alate Sule ahaa ces ate nD Gee eid ee 
proceeds from sale or lease of parks, squares, etc 
how created, kept, held and for what purpose. ............ 
municipal assembly to make appropriations each year 
PU PeT OTe Cee ROC ey NOW eer OULUCUi. ti. we fia abend son's Sule clare ideas © s0a0e 
how disbursements are to be made 
TELAT COVELL PODER Caley on ac Sie aa si ea he wlce 6.6 sisaee ets alle oes ae 
the bonds of the Ohio and Mississippi railroad to be turned 

OO POOIUDLTUL Glo ete cure ott. cea cine vical SRE ones ae Fee oe 
if any sum is realized on the same, proceeds how disposed of 


SLAUGHTERING ANIMALS— * 
power to regulate same (clause 6) 


SLAUGHTER HOUSES— 
power to provide for the erection and management of 
MEUAUIBO RG Sli hale ura cera de ek ere cual Me Rae el ene a a Ne 

power to prohibit within certain limits (clause 6) 

not to be opened within 300 feet of any dwelling 


SMALLPOX— 
restrictions as to treatment of patients 


0) 6) eee e:lare, ore 


ee ee 


Se. eB. 6 S18" ©) 0 0 8) 66.8 0 618 8 61s) + is © 


BL 25s (6 6. 0 leo.) a 6s) « Be is Ve) © (0).6 (0 S16: eile 


@ te) 6s Sp led ele, a 6. se: 


> Ole. 60.6 0. i0: a8, OF Ss 


Oe. CLO Free A 66le ene & &) @) 18, 1618 


SMOKEFLUES— 
power to regulate construction of (clause 12).............. 
SMOKESTACKS— ® 


power to regulate construction of (clause 12)........ aprons 


SNOW AND ICE— 


[ANNOTATIONS. ] 
Beerinesetree. clear OL, 16) Police DOWEL a. 00 lk ee i de ee ee 
liability of city for damages caused by, on street........ 


SOAP FACTORIES— 
power to prohibit within certain limits (clause 6).......... 
not to be opened within 300 feet of any dwelling.......... 


SPEAKER— 
See House of Delegates. 
is presiding officer of house of delegates................. 


ROE TEE EI EMTIIY GE so dia N w'nce Kate eerie ehh s vA P widlous le ei Gul dimeiea’s 
eee MneeI Tl UNTIL MAY LOTR Pe. arty (i a hee rd eal a eA es wg ates we Qe nS oe 


[ ANNOTATIONS. ] 
TmneeOruCe at Wille Ol GGlORALCH. << ceesis so Vie ses ccs peas 
oe SOE Gis Ca EOE 0 i ee as ee a Se eee eer 


PAGE, 


329 


ART. 
III 


III 


VI 
VI 
V1 
VI 


Ill 


Ill 
III 
III 


III 


Ill 


IIT 


SEC. 


26 


26 


14 
14 
17 
18 


bo 


SSO Wl os or) 


me 


bo 
lor) 


bo 
mr) 


530 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


SPECIAL ORDINANCES— 
See Ordinances. 


SPECIAL SESSIONS— 
See Municipal Assembly; Sessions. 


SPECIAL TAXATION. 
See Streets, Etc., Area rule and Front foot rule. 
TOP: DOUIOVATAS do tits eek eis See eae ache enone et eke, ciate Ac mer ahs Sharan aot 
levied and assessed according to frontage and area, appor- 
TEOTLINIGT BS) Ay Re Mae Tae UPS rn UN he ee cee at nA I 


{inaex to Ordinances at end of Rev. Code. 


NZHtcor tachlon On WEXLSCS Yes cee aan oe Gee er earn yeti) vat at 


benefit and assessing district, how established............. 
for construction of sidewalks, apportionment by front foot 
PS Ue Mex, a Sila lav wie sa ale faleae te. ene auire ee elas eneaatie ie Conn MUMMIES DORE eae, 


for admprovement Vofiialleys i ditns cider case enene iran ame anen as oh ae 


apportionment of cost of improvements................... 


portions paid by city and property owner respectively..... 
NOMEXDPESS CD arver WLM Ce. Cain alice taletaratetete ene nee Lane es 
LOT A CISULICE SC WEIS orcs 6 5.0 Gina eee ech lel hiohe ket ane et ty Name oeTN rie aS 
POP IOMCISTICDN SO WEIS. 61 Ciera: cial ks Mae et Siri Me Se a 
LOTEPTAVATE JSO WETS ie Nil chee ial Greve itae olkel ASUS 1p cite ete Hee cera a ak oe area 
TOT StTeSt SPFIN RUINS ees Pusch te alo lake anata ne ed eae ae ee 


[ANNOTATIONS. ]} 
distinguished’ from ‘condemnation ...... 0...) Sy ess 
distinguished from general taxation..................... 


upheld as ‘exercise Ofilaxin®= power. isha et aaerele 
VALICITV OP i HALROTee S haa SUN nnn torch Dt ota ee EN creates ML 


what) property is subiece tOce Meneses we enc int: ee 


Henenel AIStrice: {cc weR wae. hee ee, gene eer, Ma tht Emenee 


owner concluded from disputing benefits or necessity of 
WORKS rere: We SIC BAT AEN EAB ghar tn dN) Sym cecal Ue Ha Tete So eae or 


EOL BOWELS a prcid cin late aly a ake so catelar mul Mich cha Wane Mapa alan CUR tna manana ats 


nature of liability under, actions to enforce, etc.—See 
Special Tax-Bills. 


how far in rem,and how far in personam...............+ 

not regarded with disfavor by the courts................ 

for sprinkling) held: void (where. js eee ae Ye ae eee aye 

LTOT DEPRES Ae w tas eae are) Shelia etd ve GFE cue RESIS ve oa Lene 
SPECIAL TAX BILLS— 

Marshal LOVSErVEUNOEICAT OR si tired ta ale cmt aie lat ee ene eer ee 


to be authenticated by president of board of public improve- 
THOTT Ye Re en Nl an vwbreise ROU linea c ghe le fc aia at eames Dice 


PAGE. 


380 


395 
389 
414 

(389 

} 414 
426 

| 445 
389 
415 
395 


396 
f 396 
\ 404 
{ 404 
411 
404 
404 
410 
411 
412 
426 


387 
397 
(397 
1 398 
398 
397 
138 
416 
397 
{3 
419 
398 
398 
398 
| 
390 


399 
400 
409 
410 


416 
417 
426 
431 


§ 358 
(414 
361 
413 


ART. 


VI 


VI 
VI 
va 
VI 
VI 
VI 
XII 
VI 
VI 
VI 


VI 
VI 
VI 
VI 
Mg 
VI 
VI 
VI 
VI 
Vi 
VI 


IV 


vi! 


TY, 
VI 


SEC. 


22 


31 
25 
41 
24 


INDEX TO CHARTER. 531 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Iades to State Laws for St. Louis, pp. 225-256. 


PMI EME NOR ITs She ee ee ee es ee 2 lee Tl 417-418 


PAGE. ART. SEC, 

SIT EOL Wi TIBTs CUM OINT ALLO ite nl tate ony) alten Bisleane ccd 389 VI 5 
; 410 VI 21 

OMAP C OCR WALEED CWE’ SY OTIC Gs cl ooo di Tne ted ae EA Pec th tas eae {411 VI 29 
how made out, registered and delivered................... 413 V1 24 
Ca ar GE kG UE Ea oth Eee eee ea A ee a DLA pane At 413 VI 24 
PPR a Pe eral ate a Lee aire TEL wah Cel os Rein td ae TRIE aoe aie Oh 413 VI 24 

eee a {413 VI 24 
ReeIEPA RELIG ELE Verte CAL OTL ame bce iee eee ds Poh co lk ed ihe gb elses clad bette sd atime a 1414 VI 95 
PIMCOGOLSOAVINCTLG LOUNGE. TIOSIETIGLO( hc sree pers sia sicle by cg alge 413 VI 24 
PR OCeUo Lit Tae OL GONLECUOT ps ste ira) ai nty’ Halahalels ol dGigioslla aio th 414 VI 25 
Wer eeeCIL EUS OR SOLES Wey hal seh er ai afer ss dials at Gotv! phd f sie. cl'el f'dlaoM sean Bel 414 VI 95 
EMME E MEI LP Pe tee TENG UET SD weer co ate ord ok wa sas hPuhale dies a! a Reta Fal ew aie he 414 VI 25 
suit by attachment against non-resident on................. 414 VI 25 
certified bill is prima facie evidence—defenses.............. 414 VI 25 
certain, to be divided into parts and may be paid in install- 

TELM tory en are aM Mateos oo edaat ath lh Bie gata ten un Ge Moe 414 VI 25 
See AE TERT ON ITN. 4 CLOLONIBE 2 0). ths a hs als ese ons Sie Peete wah ete at 414 VI 25 
eT ROLT ae eee a Ce ky te Au, be cocks eur ras. cia teen ure 414 VI 25 
effect of non-payment of interest or installments when due. 415 VI 25 
MEMTPLRIVOLOTIMOL® LLCTE LOLA geen ahalee ack ehh ore stein ove whatateie Sie de ae neues Wi eek 415 VI 25 
Bir OT Batts ACORN OL 7 cy ac wis & «avs PR erebi gs bien 8 ete Neate ate 415 ve 25 
UMM EPORTY TAMLY St Where Nan wig ka «aise as oe SHr-oF DE CAEE Nites a ah a av aR, EN ayo ah he a 
may be assigned—formality required...................... 420 VI 26 
MEE UTM EYE TIC ICI LIL on uy HU, eet Vela te dutata) Sdacee e eile! gigi vets’ Wat aha fadla-w Oe 426 VI 29 
SUPRRIEET A CSC PTU TE IRALIICOS wratghs tact tlio. share fig abel atuie aie apenar ae e! o'pe ete 445 XIl 6 

[ANNOTATIONS. ] 
not paid, connection with sewer denied.................. BY A 
execution or scire facias cannot issue for, in original street 387 

THULE ES TY OCCCU UR tig a PAN ange pier hela et tte Saale aera ey 329 

for local improvements distinguished from proceeding to 

CREO TT OGLE: CULO. terre ara S Beet fe Beers wud tet tad e ahems SOO ENG 387 

399 
lien against two lots in one judgment............. | 

410 
foc work where partially completed 2). oS ewes sae aes 400 
MEIC OLS DATLO TOL SCLCEEN s culale tots the etait wink alla Wraps Stet ecelsi's 400 
pro tanto recovery on, where ordinance partly valid..... 402 
no recovery on, for repairs, where work was reconstruction 405 
action on, not defeated for failure to pay damages from 

CE COUSIN cab a (C2 U0 ag MO) TR BD Sole teak OME Orr wrath Sf ts ate Rr 406 

fees POU Sg ll Je Fe lear bere, Saad OF PS Penta Fekete ie Ban arn SE Ar ON ames aa 409 
must be founded on proper assessment................... 410 
for sewer work is not exclusive remedy of contractor.... 410 
PMNS A TATA ORE MPL i LOL? VOLS ei renter cjatere oF acaete hate ane oa te 413 
amendment of, irregularly issued or void................ 413 
computation, levying and assessing by president B. P. I.. 413 
MEetLUrercOe DY: NICHIGONL 1D... b. Paes foam cam Be ene eet 413 
Bret y ON LICH a WICH VALIC Sa cera erin s oie ec ce ate ell as eal eG 
MUR REA S IE Tg) dg Ge i dh Pe Aa a a doe RAN LOK SUT Micke Oh Kae S 415 
reduction of amount, because of defective work.......... 415 
actions to enforce, nature of liability on, essentials of... . 416 
Meter men DHE DMDLIC  DFODGILY. «i ciatsllsse Setar aik alee gels sce eb ors 41€ 
may be issued against what property................... {305 
what conditions and compliances necessary to recovery on 416 
technical defenses to, how regarded..................... 417 
actions of officers, presumed correct, in.................. 417 


532 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
{ndex to State Laws for St. Louis, pp. 225-256. 


detects in: GOMDNUtINS Fy. ee ets cates alo riche eyes eat reine cen te 
must be, based on. valid: assessments), 2. 2. 2. eens es 
real party tin-interests oy 2. Se Pe ee Se aes eee rete eee 
description aft property Mia... b oats sv asics aie tee 
attachment€#in aid Of sult: ON si. oe ates a er ee oan eenen 
demand: before. action not required: .. 05.0 4. 023155 «eee ae 
ahlogzationssine petition fi 2 Sor w tic wa eieccie vi aie as aus eae ene ee 
how far pringa facie evidences: 7. ce. sone s wee eee aoe 
esteppel: oftmwner-in sult O12. oe eee eee 
limitation pfsactions On UA hae cite ese Ce oh eee eee 
delivery ‘presumed “When. fe. tie ey hak nd wits be ele ero a eae 
ween ) lien pattaches vsti se sare rie cond ecntete il ists ect ae 
liability of city to contractor, where it prevents completion 

Of WOTK ES k ss Ay se Sie et aie 6 Dee nae theta eae ee 
Installments) 35) chase TE ieee peeted ciate aTaieta hal ollc cnet chat d ane oe 
AMBIT! MEE Goin alee ha cee come PARMA ats LL sea aye heiee MeN paren sine Ti 
notice of letting of public work, and delay in letting..... 
public work for which issued—See Public Work. 
delay in completion of work, when defense to suit on.... 
not defeated because space between railway tracks not im- 

BVOVed | DY. CONCTAClOr ss cesar serra et, areca eee ae 
railway depots and yards are subject to................. 
SPRINKLING— 

See Street Sprinkling. 


SQUARES— 
See Public Grounds; Parks. 
city may establish, regulate, etc. (clause 2) 


STABLES— 
See Livery Stables; Sale and Livery Stables. 
city may regulate use of light in (clause 12) 


STATIONARY ENGINEERS— 
may be licensed (clause 7) 


STATUTES— 


© Chet) 0). kd” @ yes) 6h 916) tore 


© (Oba) 6 666) 09.6) elie wt Fo 


We Sb Ce cet .e) ea ee, oe) 6 ee) ee es, RIO. w) et wile, sel wie) ne et (6, 


[ANNOTATIONS. ] 
overrule conflicting charter provisions or ordinances, when 
what is a conflict between ordinance and................ 
providing city to be treated as county, when 
of limitations—See Limitations. 


STA VES— 
power to collect wharfage on (clause 4) 


STEAM BOILERS— 
may provide for inspection of (clause 7) 
may license engineers using (clause 7) 


STOCK DRIVING— 
power to prevent same through city (clause 6)............ 


STOCK YARDS— 
power to license, tax and regulate proprietors of (clause 5) 
power to prohibit same within certain limits (clause 6).... 


STONE COAL— 

may regulate inspection and weighing of (clause 7)........ 
STONE QUARRY— 

See Quarries. 
STORAGE— 

power to regulate storage of gunpowder, etc. (clause 12).... 
STOVE— 

may remove or prevent construction of (clause 12)........ 


O16 3,26 0) 6 eo ‘6, 6p 6, 6 


& eu di wily: » obeal se) eal wt a) by aes ® 


PAGE. 
418 
418 
418 
418 
418 
418 
418 
418 
419 
419 
419 
420 


420 
420 
420 
423 
425 


439 
440 


OoT 


ART. 


Ill 


Ii 


Ill 


Ill 


Ill 
III 


Ill 


III 
Ill 


Ill 


Ill 


iil 


SEC. 


26 


26 


26 


26 


26 
26 


26 


26 
26 


26 


26 


26 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


{inaes to Ordinances at end of Rev. Code. 


STREETS, ALLEYS, ETC.— 
power to open, vacate, improve, sprinkling, ete. (clause 2).. 
power to grade, light, clean and repair (clause 2).......... 
WRC CLO ree CLM IESO acs) 75 dere y « ar Ling. ketone ide a hates ate 


board of public improvements to recommend all ordinances 
for street improvements and openings................. 


foray etc. to contorm to established ‘streets... oco. sen cde se 
map or plat of new blocks, etc., to bear certificate of re- 
SHORE) tLe ARVO LEMOS can) cea: 5 Ua V'avarel tie! Goeia GEG bee ewe b cuera sie 


map or plat to be approved by board of public improvements 
dedication to public use of streets, alleys and public places 
city not liable for damages for taking building on proposed, 
eee Me OE ot Lee ire we CONN e we halal aera Scere nna aheianiacd 
limitations as to heavy hauling and business traffic, condi- 
LOS an, tare Pdeena ea eed ea eR ene, oh ete Soleus Fhe ees 4b 


HOUR Vet Le Meee a ote teen ee Pra gate oooh. 4 he whole 0/6 Eun wy aes Mh ws 


GeO int ee Or DOME V ALCS tee pee iets ler dakese 4 how ites Hack 
opening, widening and altering same can only be done on 

recommendation of board of public improvements..... 
improvements to be done under contract.................. 
condemnation of private property for....... Pe CAE] ny 
CieyECOUlSeLIOLy Loe COUUUCU- DYOCeCOINGS . ee a eek te ak as 
ree CrIMRC) PMMT SAL EC] ON) ree, RS oat ced hay tier os ee ona: n 3 deae isi ace, 4a) 6am eedwetale Se 
PEC RIE LOTS Ca titre lat fae tedar ee tata Saal ayes! cunle lela sige tole 
POiIGe LO MOGCIANU AU EA sedi iy wets bac is 4.ahhe ois Agito ANG Fie «SOT 
RTMCeeS LOT eT SCrVens UV. CIUY CITICISIIALLE 6 cleo rates oS vette ae 
Reet) Vas TCL) LESSER A ENIOe MeMESLe s ee tock sicig wv thehtte adie core eats spas eet sk 
commissioners to asSeSS daMageS.............02 cece cece 
PRTUITISATOMOGrE COs bent PGGITOIUIEES 0078 clits 2/5 weeks ss boc oa eRe 
Pa tOtl a Tm ina kG ATO POLL Ante nets iia tare UO. wig! satetere oe 
duty of commissioners as to damages and benefits.......... 
assessment of benefits to be a lien against from date of final 

RVC TIMOTL Mae eae ete FR hae ORM ee, ole Vets SY ae RC vie a Ale Lace atieu's 
benefits in opening alleys, by whom paid.................. 
report of commissioners to be made under oath............ 
report may be reviewed by circuit court, when............. 
Bale DEOCEECINGS lO W wal aa ones dale aute ssi eels otis vente ra le «5 
report of commissioners to be submitted to assembly....... 
BAM rOeLO SAL DCO VE OL) GIS DDLOVG crag otleilels oh salem Ko Shee 
Bicnt O-city, tO Withdraw Proceedings... ois ce 6 oe ak 
Rereiiraw olaloe Dena ila LOT? Cell VOATSs osc seis e salen tee ale hosts 
proceedings may be renewed, when.................%.....- 
final action of court to be reported to comptroller........ 
PonvEtO. De LUT AISNeUT tO AGSCMDIY .. 4 cise oie cea e bebe Mae Ses 
eRTE ATI ACION | LOU DAN he UL OS oc sits. i st Sin hod la seni a) cio see eae 8 mine 
failure to appropriate to operate as dismissal............. 
PEI eA SL? OE AIG INCO COUTL, VWIKGD idee yi eat. ocho s Vig sen cies 
praprovemerts tO Proceed, WGI. .).5.: Fg iiss. i. cape Sikes 
Pree Talo LOT: sPaAlliCuLar USES ¢ .y ata sole « splot. dss peek ence 400 
meeting of board to consider proposed improvements...... 


improvements how made and paid for.................... 


Sa ETE AIEEE b> og Sek dh a ao tod ara Pepe's RT WaLE RS dha hk Grete HE rs Qld 8 
UME RTE LS AMEE POULT si ob ate oi Pirated ale. ee Tele nigh tpe diem, of mie v0) ¥f a 3 
SERPS SEPP UN | Ol / o0r 5, 0 06: din 6, ls, UR iae 2, ReMi vnesearelayspnel Oe Byls 
specifications in ordinances to be recommended by board.. 
must be established and dedicated before improvements 


eI Renae Sy eo Pais Ce hack aha tars a) Box! eka.» 


PAGE, 


322 
323 


ART. 


II 


SEC. 
26 
26 
26 

1 
2 
14 
i at? 
27 
1 


L 


1 
1 


— 


ROTH HE bE 


OP FP Ret wWM WwW Ww ~I1 bp 


wmowwmowwowoonnon 


534 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| Inaex to State Laws for St. Louis, pp. 225-256. 


vote of assembly on improvement bills.................... 
apportionment of cost of improvement.................... 
the: portion (to. be) paid Dy. CECY s. teas hoe late ads eee re, awe 
city to pay damages caused by change of grade, when...... 
special tax bills for;DOW MAGE ONL de des cee cla + ice teietee 
improvements to be done under contract.................. 
ordinances for opening of, repealed................-2c200- 
pending cases to be conducted under former charter...... 


[ ANNOTATIONS. ]} 
CONTrOL of. StALOTOVER i weet ces Sas oisicain is Stone Rene 


for what purposes may be used—use must be public. 


obstruction of, when permitted, and when not........... 
what are proper uses of, and what not................. 
vacating when NOt. permissiDleu. one cis. ees te sre rece 


steam railways in, when ordinance for void............ 


street railways in, when ordinance for void, etc........ 
vacating; effect, irules, (poweres. cn eee eee ee ee eee 


liability of city for damages for defective, etc.......... 


keeping’ clear of snow, and-ice; ete. 6k ieee cles fe 


LeMporary, ClOSINS "OL sy ee ee, ee sine el meee erent, 
opening, widening, etc., nature of proceeding............ 
elevations of, who determines—city directrix............ 
opening and improvement of, how far legislative and 

howa(far ‘ministerial oo. ae ie eae beeen elon 
what is street, sidewalk, highway, what included....... 
distinction between streets and alleys.................. 
free bridge across Mississippi is highway............... 
special rights of property owners abutting on............ 


ownership: ofsfee, ind whomeds teu Was ieee siren ee vee 


How westaplisned jy evenc nye tue we oe ete ele een en Eee a all mete 

dedication of—See Dedication. 

as boulevards—See Boulevards. 

condemnation of property for—See Condemnation. 

openings begun under old charter after new de facto valid 

proceedings for opening, widen, etc., what necessary.... 

effect and conclusiveness of proceedings to open, widen, 
OU a sii Ei bel ancl wb i cWAdes teh a CLR Renee rs Lolbe litte ta) in CW Se arene a Bey 

opening proceedings distinguished from assessing benefits 
for local improvements and taxation.................. 

parties to street opening proceedings.................... 


damages and benefits in proceedings to open............ 


exceptions to commissioners’ report................+08- 
cost) of / condemnation proceedings. o.. east hoe 
dismissal of condemnation proceedings.................. 
APPOAls POM Fes eo yehek hss ie ve laisse la ha, ruta os ARR UC nn ote nn ee 
special taxation and special tax bills for improvement of 
—See Special Taxation; Special Tax Bills. 
notice of meeting of B. P. I., materials to be used, etc.... 
improvement of parts: OL iene cia cu ce oe oe ee 


remonstrance against improvement of................... 


323 
fe 


386 
386 


387 


391 
392 
393 


399 
400 
400 
401 


INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 
tndex to State Laws for St. Louis, pp. 225-256. 


{inaex to Ordinances at end of Rev. Code. 


DERI IRCerY POL AEE VETIONC COL set a Ge bein ee ea le AT ae tioe tin os 


guarantee and maintenance clause in contracts for im- 
NEE Meee ni en ata CE Talia Lig Wy ane Pela ale ae aval bon bse 


specification of materials for paving, by B. P. I......... 
dedication of, before improvement (‘“‘proviso’’).......... 
ordinances for improvement of, must emanate from 


CRANES SIO OTAUG 7) CLSCUSSION oiiscp keels ale-crosel'y Sloe lo Beara wee 
BC VF Wa LIE eee athe ahaa eiaie ar dns Sha ovale viet w vigielelo dads 


STREET COMMISSIONER— 

TS ag OI ty 9 Car ee ee 2 ol a BY Eg eR 
BALES OG, COUCITICOMT UO VPILIA VOR y cicceric te todo Hievaie had ae are atmo 
shall be a member of board of public improvements....... 
POCO ae OUDLOT LY Cer cid)! de vice Sra SRE sial  e & Vinke WatReGs orate 
shall devote whole time to duties of office................. 
Shall be, nead- of, Street. departments i twee oeiale t Gaede be 
responsible for action of his employes.................... 
shall have charge of construction, reconstruction, repairing 

and cleaning Of Streets, "“AMIGYS), GlGa Toe iia eats da eee 
assembly may provide additional duties and employes for... 
BUMIINAReraniial TeNOLte: LO TIANOL is oie sis) accor. o alalolaiieg BO ate te 


STREET EXHIBITIONS— 
power to license, tax or regulate (clause 5).............. 


STREET RAILROAD CARS— 
power to license, tax or regulate (clause 5)............... 


STREET RAILROADS— 

power to license, tax and regulate (clause 5).............. 
city may regulate fares, trips, repairs of tracks, kinds of 

PalScan) VEUIGles  ( CLLUSO MEL) acy a's ana a atoms She emer alate be 
free passes on, forbidden (clause 11)...............¢..... 
Dower tO £rant tranchisess (Clause. 11). 2.24 ic wcees wld hes 
Mero. Sell) fPancnine OL FILNY OL WAY oe ak ctinwina ls sla cela oe ote 
NOweraOL ASeeUI OLY vill, TOLErENGe (COs .< Ged ss aie acs eile arste Bl sha, s)s 
power to impose per capita tax on passengers.............. 
DUMericouMnpose Lax, ON STOSS .FECELDUS co & eels Ora diate sicterens’s § 
all companies hereafter incorporated to be subject to charter 
assembly may regulate running of carsS.................00- 
Tew OC uIaLeITHLeS (OL Lares co cara k Ghote oc n ee motel ee sa es 
Mie Lee LODOLLY: OF \COMMDANICS tisis, vis aie mk ce aleta elas cles, elena as 
SUrronoden of franchise. NOW. eCMected cnn. acces cee aloo be ee 
TOC MLO ETON ITO fn seat cere cease hed ee Oenie Sees 
Cer TTT COCT TUCUS 2.0 teins) bis eS OK Ae Oe we ane cian deane 
company to keep streets between rails in perfect repair.. 
Semese LATA LOO Ws DOTLCS eG win tart essai naam) coke aha die desta ohale mis 
right of one company to run cars on track of another.... 
franchises to be forfeited unless put in use within one year, 

ODEN SUNS Wy Magee eRe alae ofa cee I SPR ARs ALE ea a Or RS OR 


[ANNOTATIONS. ] 

MOT UIN ANCOR: LOLs VOL sy orks i ee EI bee abel 
Ie EROLECELY, (OVOIs sor 'ctis Wale Vo ew agrees cca iceuhele fy tik te wide date 
effect of reservation to alter, amend or repeal ordinance. 
general discussion of constitutional, statutory, charter 

and ordinance powers of city, respecting.............. 
eV I Us LES DOCLITS filots ela, Maueata che Ore okt aiatete aby bares als ee 
Brmntvor ITanChige LO, DOWEIS. OL CICY aay se ee oe ek eee coer 
PEO er HCHISOn “NOW: COLL VEO. cin. ced eke pa tite delves bale'e 


PPE CUrerOl TrANCHISOS.” OLWG sy Duis Wabi he eee Nee eee Ook 


PAGE. 


401 


ART. 


Mattel <i ialalal sia i aia 


535 


SEC. 


26 


AOIOrP WNWD DN RP R eRe 


~] 


536 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
index to State Laws for St. Louis, pp. 225-256. 


are not permissible in: streets, “whens. as eae te eee 
liability for damages to owners in laying tracks, etc.... 
franchises from city to, are protected as contracts...... 
effect ‘of/charter.on priorstranchises 10200. see. sei 
what ‘passes: Under 1rancnise, LO20 ew. sae a te aes cen 
effect of law requiring, to keep street between rails in 

TODA HS a VG Se eas ae eye cee eae ea eles: De ie 
right to run over tracks of another company, compensa- 

tion; “condemnation; : Gti 25 Sy aerate ain ae hate conreo see 


STREET SPRINKLING— 
AU EN OTIS oo. Sees ey ee eee Te ers Pee Ct etree ee 


special tax bills therefor issued in favor of city............ 
contracts made annually by board of public improvements. 
Sprinklin®: Gistri cts icone pee oe eh crest caper tae mere ec oe 
date’ of special tax Jien——interest 20s es ve edie olen ees 
cost of sprinkling paid: outrol-city: treasury ¢2. fins. sss eee 
city reimbursed) by. special tax bills. .5 So. ie ee ees oe 
special taxation for street sprinkling authorized........... 


[ ANNOTATIONS. ] 
taxation ‘for; wheresheld ce voids ys. at eee ieee 


SUBJECT— 
mustibe clearly expressed-in title yoy) va be ete eer eon ee 


SUBPOENA DUCES TECUM— 
ASSCMDILY SuDOWETSCO HIBSU Gs. biccle sce oor etc ep eee ere 


[ ANNOTATIONS. | 
power of assembly to issue and punish for contempt.... 


SUITS— 
See Actions. 


SUPERINTENDENTS— 

of: work: house,’ how) ADORE 5.7 neice aa ee reese a or 
oftcity: hospital showl appointed... sneer eee 
of ‘female “hospital? howeanppeln tad... ak een eee 
ofinsane’ asylum) howxappointedwi.c «ace see aera te ene 
of quarantine. how appointed 0. ( ja ess che ce eee tents as 


SUPERINTENDENT OF FIRE AND POLICE TELEGRAPH— 
See Fire and Police Telegraph. 
how: APPOIMteds) wakiits a as hace ee tohe see Laake Oak lke peat seee Mere tiaes 


SUPERINTENDENT OF HOUSE OF REFUGE— 
See House of Refuge. 
HOW! APPOUUC ie: isis Lacan es tae aie Be gehen ss be Os ae ee 


SUPPLIES— 
See Commissioner of Supplies. 


SUSPENSION— 
See Council; Mayor; Offices and Officers. 
of public’ work, on ;COmplaintintkerce sal. © are eee eae 


SYRUPS— : 
may regulate inspection Of (clause nl) ce mae ee aye ete 


4b 
TAXES— 
See License Tax; Licenses and various callings, Etc.; Reve- 
nue; Special Taxation; Special Tax Bills. 
power to levy and collect general taxes (clause 1).......... 
to: payrponded sinterest, Cte ss coc ube an cleats 6 Mee has pee La 
on® occupations, tc. + (Clause 7 7... sone eo elds eee ee 
assembly viorbidden. tO Frente ois ou, een ete have bs etree ae 
collector to collect all city, state and school taxes.......... 


PAGE, 
437 
437 
437 
438 
438 


439 


440 


322 
{426 
426 
426 
426 
426 
426 
426 
426 


426 
310 
342 


342 


345 
444 
444 
444 
444 


345 


345 


320 
321 
330 
341 
356 


ART. 


Ill 


IV 
XII 
XII 
XII 
XII 


IV 


IV 


VI 


Ill 


Ill 
Ill 
Il 
Ill 
IV 


SEC. 


29 


31 


Oror9g1 oid 


28 


26 


26 
26 
26 
30 
24 


INDEX TO CHARTER. 


Index to Ordinances at end of Rey. Code. 


on 
Cs 
~] 


index to State Laws for St. Louis, pp. 225-256. 


| ies to Scheme, pp. 279-286. 


PAGE 
TaceeOr VEFIOUS PUTpPoOseEs specified .. 3.642... k wees awme ek 366 
rates for erecting public buildings, how increased......... 367 
municipal assembly to levy, assess and collect for all pur- 

POGOS eal ha Sar Ws einai Pos avert viene ca Winky sa hy) wR ea decks 367 

3 . ( 367 
GramalriCHelorieor) tae eee or etal aoe are eitatank Bernd Sis wed 1 369 
WERT IVT e OU O We ETI COLO cha atone ce aie aud deo Se ate ch Pclvlavalens ee 369 
taxes collected for interest and public debt to be kept dis- 

EE DIS I) seer rine tL tein 2 ate SRA et soon he aa ate gla So 369 
SEE 21 oe Tae Bh De oT ag Ula ok eee ES AE A RS Ge ee a ok 
when assessment shall commence and end.... ............ oll 
PMLONIRCHs CUPL ILe ARI T eee h re phate oboe aere ths ee ee Nee ww 374 
state, school and city bills, how prepared.................. ay Be 
PEL eer one VOLOd! LOLCOM DETOLIOR 0 Ruvigtarsieaintetaelala cis Gh G ohel a 375 
MS eam Sake Welahe le key Oo oy eked op | WEI Aika eee a 0 a rer a gare 375 
ordinance to establish percentage of by fourth Monday in 

DeLee ChE ate LO TIMONOOL It Nel dia ii, Ror erties Gale giath Reig o sieve bcc @ ae weed bre BLO 
failure to establish percentage, last previously established 

SUE LTE Peete kee ene) eel cre Pate ee ka grate a5, fal Wi g ah are fa BY i) 
comptroller may correct manifest errors in................ 375 
authority of comptroller in reference to delinquent taxes 

AT Me ere OLR ATIC) tio Cet 8 OS ths ice eeone sucecgiscd tadeas bile bu its wa. & shire 376 
rebate of 8 per cent allowed on bills, when................ ore 
Ra TCI) [ere BOR SIITOTI OL Oe ccc scutes cate f Pletal dfnid arate e ahead ack sot aes 449 
TE CIOC  SUeC LEC LIOU VOL Suen es ackligic Ga en SibscT MUR bi ce eon oS fey wD 449 
Demme SC TIASEA emer RAO Er ae a an elec haley oth! pega ool wg tebe ohana, ores he. wed 449 
school taxes in extended limits and when remitted........ 449 
Poa Der Une eCEoos DY aCHALLOT ye WICIE aia. vnig afele a sl siaiwiavetale wie ww aie 453 

[ ANNOTATIONS. ] 
non-payment of, so as to disqualify from office, what is.. a 
nnd taxation, Dy: city, subject: discussed. ...6/..6 dete. ale aes 366-369 
assessment of—See Assessment. 
special, and special taxation—See Special Taxz-Bills; Spe- 
cial Taxation. 
for public school funds—See Public Schools. 
TAX BILLS— 
See Special Tax Bills. 
TELEGRAPH COMPANIES— 
power to license, tax and regulate (clause 5).............. 330 


TELEPHONE COMPANIES— 


[ ANNOTATIONS. | 
rates of, cannot be governed by a city, when............. 290 
rights of to apparatus in or under streets, etc., see Index 
in Revised Code, under Hlectric Wires, Conduits, Poles, 
etc.; also Telephone Cos. 


TENEMENT HOUSES— 


power to license, tax and regulate (clause 5).............. 329 
THEATRICAL EXHIBITIONS— 

power to license, tax and regulate (clause 5). ............ 330 
TICKETS— 

EMMITT TIPO, SOW LSSTIOU ots) o-okel sa iete Sree ee eee. chs hs tetas 369 

EPS VCS Sig UNE OC: 10 Re oe es |e fe ae gaara 370 


TIPPLING HOUSES— 


See Dramshops. 
power to license, regulate or suppress (clause 5).......... 330 


TIRES— 


morermoereeiwwate width: ol (clatise'S) si). .05 6. 2's eer. ews 330 


ddd<deq deeq 95 


a 
a 


III 


Ill 


III 


<< 


III 


III 


SEC 


Hm OS bo 


bY of 


26 


1° oa | 


26 


538 . INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 
Index to Scheme, pp. 279-286. 
index to State Laws for St. Louis, pp. 225-256. 
TITLE— 
See Ordinances. 
of billstinsuflicient«to: ré-enactyesaoss wl, eee ita one 


TITLE EXAMINERS— 
power to license, tax and regulate (clause 5).............. 


TONNAGE— 
See Wharfage. 


TOWBOATS— 
power to regulate and license (clause 4).................. 


TRADES— 
power to license, regulate or suppress (clause 5).......... 


TREASURER— 
to De electedelor LOUTs Vea wre hac c ele es alias iain ee erin ela ee 


Cuties OL ee A Oe ae We eiee iaes One dutta! Cte Ac tay meatatn ve aga nee Reman ae 
all collections by officers to be deposited with............. 


shall report delinquencies (lOs TMAVOT’s veo cae avs. son orale G 
shall issue triplicate receipts to party paying money...... 


shall make all payments on pay-rolls....................2-. 
his books to be open to inspection of mayor, etc............ 
shall report balance in treasury to mayor and comptroller 

OED Dh tmtchn aoal ieee crepes Aline nnyieer nes cl nt PMU Cyl AE det 
shall give bond in not less than $500,000.................. 
shall assist in selecting bank for city deposits............. 


TOPOL WOE ane oie eaten cecahel ace ele eee unre GROUT EFS: Saint ac Nn 1 OMe 


duties as to payment of damages in condemnation proceed- 
bb 0-9 WB I Br WO Ile i CON eM ARNE DA ee 5 bribe ee DR ERC A Nt ee as pd IR 


TRUSTEE— 
[ ANNOTATIONS. ]} 
city maybe, in’ testamentary trusty)... eee eee ee 
property held: by icity as ss 'taxabler sires oe. oe eo eee 
necessity of party, as owner, in special tax-bill.......... 
city cannot sue contractor, as trustee for property owners 


TURPENTINE— 
may. regulate inspection. of (clause 7). oe eee ae ce es 


ea 
UNDERTAKERS— 
power to license, tax and regulate (clause 5).............. 
duties of in reference to burial certificates................ 
ie 
VACANCY— 
See Council; House of Delegates; Mayor; Offices and 
Officers. 


in “assembly; "how; flledc ys sate See eres Ce a ee Sa 


PAGE. 


312 


330 


329 
330 


344 


354 
(354 
356 
358 
¢ 370 
376 
429 
| 461 
354 
( 354 
370 
376 
| 429 
354 
355 


355 
355 
355 
364 
364 


393 


329 
446 


ART. 


Il 


Ill 
XII 


III 


SEC. 


26 


26 
10 


INDEX TO CHARTER. 


Index to Ordinances at end of Rev. Code. 


| Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


[ ANNOTATIONS. ] PAGE. 
306 
in ASBETIDIY, | DOW: DCCs vie aig cells bela dean winelp arose ao nse adie 
VAULTS— 
may regulate and prohibit building (clause tS PTS the OR ee 335 
VEGETABLES— 
may regulate inspection and vending of (clause 7)........ 334 
may restrain and punish forestalling of (clause (oe See 334 
VEHICLES— 
power to license, tax and regulate PREC Oh) te peso hart cesar a2 330 
VENEREAL HOSPITALS— 
power to license, tax or suppress COLATBGEO jit aware tune tess «he 330 
VESSELS (329 
power to regulate anchoring and mooring of.............. | 434 
VETO— 
See Mayor; Ordinances. 
VINEGAR— 
may regulate inspection of (clause 7)..............e0e00% 333 
VITRIOL FACTORIES— 
power to prohibit within certain limits (clause 6).......... oe 
VOTE— 
Assembly—Two-thirds Vote: 
ee ers PM TIEIN Ole eee at ite a hele ale sleet sa win Palaces are adi 307 
ae OINOUONCY CiaUGOlIT) LLL ers aia low tn cons, » acy alesse tate ee Goekw 6a) 312 
EAST SONS WILY O1-S EV OLO tira icy ae dows oh etek ie arrose ts faoal ok 314 
EM peta seen ULLCOMUFOM Ibe cCIAIINS B.ieis soc. f cle tote tk wea eee oboe 341 
Shocen Sollee Pater h ete ky a py Roy k Oeer: bleh 8 2 ges AL le ae aC ee a a pon 
renee Tie Wr OL LIC Com tor thee eee Re le whe ie Bad Coke Wd en evans 363 
pass improvement bills with remonstrance................ 403 
rer Wie WT AGC TY) Pe aa use elo erate eat ole ces we iw teed ay ee aS 428 
BBCOMIG Titties O17 DUNG CLOCWINGNIS. fu oo. ere ee hie ee ars ol goes 451 
Assembly—Majority Vote: 
PERLE LL AR Meth hin ae gue tise, RRA RA Aste aria eke sive b, mcohe alk aberdeen aed 311 
PERF AL eth) Lae eee cas Meta tc gh cl tata a raha she ste WM eda eRe mite ce a’ aS oe 
improvement bills without remonstrance............ et ae 403 
PAUL Ge INOSBAR Eee etre EG. fila hoe ot 3 is oo, eyuidld ec Miacane-« 451 
Assembly—Three-fourths Vote: , : 
foscistribute. cuiies: and abrogate offices. oil eas. ra Saas 342 
Council—Two-thirds Vote: 
BIS OC LOOTO LUCE Sar o's Cette nes cathe ola V boots ka odd ole ora swathes te 350 
Council—Majority Vote: 
PATI VereTIS ETIC OC fOr IOOrs rb tialsitc rey & ficiela ko ela ser ae alee 347 
PEIUOVeEstTitrOin Led: OLUCEIS nace sa trates ian ety wcbnaie viele Rend afer enere ie 348 
Seiriseeeth Tiel TUE tT) OLED CIEL@D) GS och ots ahh Dlsreltiac 0M wis, 6 ates BYtides oot 348 
Biecwe where NO Nomination Is msubmitledsn cy. yd yew ues ys 348 
Board of Public Improvements—Two-thirds Vote: 
recommend ordinance with remonstrance.................. 395 
Board of Public Improvements—Majority Vote: 
recommend ordinance without remonstrance............... 395 
Fund Commissioners—Unanimous Vote: 
BLOOM ran iC LOL OILY. CODOSLUA se aca cok ee ete ee the beled 355 
Qualified Voters—Two-thirds Vote: 
ON CT Te EE Sry ESSE SE AB a MR pC WY Gee RY RO MO LA RMR UE De 321 
to increase rate of taxation for public buildings............ 367 


to increase debt, Section 12, Article X, State Constitution. . 
Qualified Voters—Majority Vote: 


to issue bonds, Section 12, Article X, State Constitution.... 
Qualified Voters—Three-fifths Vote: 


to amend Charter, Section 22, Article IX, State Constitution. 


350-351 


ART. 


Ill 


Ill 
Ill 


Ill 


Ill 


II] 
IX 


Ill 


III 


SEC. 


26 


26 
26 


26 


26 


26 
5, 8 


26 


26 


ooom 


14 


14 


540 INDEX TO CHARTER. 


Index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


WAGONAGE— 


powers lo 0x -rates OL (Clauae obese eee ee 


WAGONS— 
power to license, tax and regulate (clause 5)...... 


WALLS— 
dangerous, to be removed (clause 12).............. 


WARDS— 
city to be divided into twenty-eight wards........ 
correction of ward limits every five years......... 
permanent division: linesta. oh- es ee eee oe coe ee 


WATER COMMISSIONER— 
terms of Offices: as 0) Pate nes bicker oe 


shall*besappointed bys may Orvcceuae ss ee ee eee 


wm, 668s) en ee 


+000 S08) ki 0 


o 6.65) 0 28) ¢ 


eee eevee 


7 28 Ne.9 me <@) 


oe ®) wie) 8.0. 6 


shall be a member of board of public improvements....... 


SPpProved: Dy! COUTTCH c,h 2 wee in ee ee ele 


shall be head of water works department.......... 


wre. Vea aia pir e> pw 


ee ete 7 oe 


shall have supervision of entire water works department 


EXCEL [WALETIAT ACES, cu wie vie ee eoelerehele MERE Reel gaol 
assembly may provide additional duties for....... 
shallvmake annual *reportssto-Mayor.- sects aes 
térm: of Office and Donde stat: cet ae eee rer eres 
appointment ol isubordinaltes2, ... 2. aut ee 
shall assume charge of water works............... 
contracts for work to be approved by council...... 
tovlay “water, Pipex «Wels triselin + sen eee eee ee 
may -enforee, use! of water,“ When ice . saa seeders 


WATER PIPES— 
connection can only be made under permit........ 


[ ANNOTATIONS. ] 
city may purchase, laid by private citizens when 
laying’ of, (what Ordinances vaildce vane ere ee 


WATER RATES— 
See Assessor and Collector of Water Rates. 
assessment and collection -O1:2 om cree eee eee 
issue of (water Jicenses . aia fees vivceetea eels Bk ee ioe 
municipal assembly may regulate.................. 


oe ee we we we 


S08) 6) avie. (8) 7@ 


6)‘ be) ete) 6-6 1.6 


es © © 6 we 


rey vam, a 


@ 0 @¢ 29 046 ¢ 


mg) si fe ie co, fe @ 


je) ae) Mel en eee 


e066) 48) et 1¢ 


to be fixed so as to pay expenses and interest on water bonds 


exceptional discrimination forbidden.............. 


WATER WORKS— 
city may purchase and hold property for........... 
right: of city toussue bonds. forys on. crane epee 
power to establish and maintain (clause 2)....... 


commissioner be appointed by mayor.............. 


to be under charge of water commissioner........ 


condemnation of private property for route of water pipe, 


CUS a Bae ee ak Pe veel te ee nea se eee ener Re tae ene 
regulations for pipe connections.................. 


secs © 0 2 © © 


e @ Sele ee ae 


Cote Che Co, 


C68) a eee ky Ge, 


to be under control and management of water commissioner 


shall be duly, qualified engineer, .2 2. 7422455 ee. 
term: ofrotficerand bond... 2.8 o. <mss cace ce ee 
appointment. of “subordinates fi. o.cia5 sew ste ee 


oe ee ee ee 


PAGE. 


330 


385 
428 
394 
427 
427 
427 


ART. 


Ill 


cE 


Ss A 


IV 
IV 
VII 
IV 
Wik 
LV; 
IV 
Vil 


IV 
IV 
IV 
Vil 
Vil 
VII 
Vil 
VII 
Vil 


VI 


SEC. 
26 


26 


26 


Co OO 
me oO 


BAUR wr or 


H& H= CO 


HAOIWNRRAY 


jase 
w 


bo bo 


Bee wr NH ade wWwonrw 


co 


aa 


INDEX TO CHARTER. 541 


index to Scheme, pp. 279-286. 


Index to Ordinances at end of Rev. Code. 
| index to State Laws for St. Louis, pp. 225-256. 


PAGE. ART. ‘SEC. 
commissioner to assume charge of water works............ 427 VII 2 
to enforce the performance of existing contracts.......... 427 VII 2 
present board of commissioners to turn over property.... 427 VII 2 
term of board of water commissioners and their appointees 

MULL SESE 1) ATION or Peete Le ots ty. ct wes vale etal ie les ds stp malin oatar ta nies 427 VII 2 
Peer R LONG LO) LU CONPELACTE sé aickeis oles. 0! 6.05.9 Corin 20 Wee age sale 427 Vil 3 
MieCONntrAacts 1O- be, ADDTOVed DY COUNCI] oo. wo ce. oie sn ous wi ole ie 427 VII 3 
city to be liable for damages for real estate taken for...... 428 VII 4 
laying of water pipe on streets and alleys................. 428 VII 5 
PBT TERTOTLOT TIS. Le he Vin DL DG er ae oneal a hela ais 2 cue ore safe dN e at aa 428 Vil 5 
irsee DU TYRMET IE LNG aL) OW TAINS oo oct Ochs te er atevoua- or he ini sis s pial aia © wal a wie 428 VII 5 
commissioner may require owners of buildings to take out 

RATTLE STC TT dat be Grete eich clots ana te he eo eal as sus putt» ariel arePens 428 VII 6 
roe CULO Vd CiTE SEU T OL TCO LID Vicis g atetnictg sic! ged a xrages eo orn oe te yn 428 VII 6 
assessment and collection of water rates.................. 429 Vil i! 
collections to be paid into treasury daily................. 429 VII ) 
PE WALLET 1 COTISOS ii.) Ae ccs loka stp inse ete o laaed ads wiads a wel aiens, 6 lala 429 VII 10 
MEMO MIDLVAIIAVAT CE MALO G PALES sus 5 say. nies, Slate eye ews SEO D eles es 429 VII 11 
Pee LG ed FON 10 Wis ADDL IOC iF eye chs oo) ora a Nis dee ale we td tans G a eile ore 430 Vil 11 
Pear tI OL Me Av LOL OTS core erst ade stares oy ct we Sune cs ns al 430 VII 11 
fund to be provided to pay interest and principal of water 

TTC MeN te ter ee) ohrda tat ih Fane ts va henahe Shea tatsads tele tes ahvek aia § 430 VII 11 
exceptional discriminations forbidden.................¢... 430 VII 1 
PATINGU DET SOU TOT GISPOSEC HOLL cGistensteiarwle giaveieielale is ievelere sain e's 430 VII 13 
provision to be made for extension of......... me eer Ag 430 Vil 13 

WEIGHTS AND MEASURES— 

See Inspector of Weights and Measures. 

power to regulate and establish standard of (clause 7).... Boo Ill 26 

power to provide for inspection of same (clause 7)...... 333 III 26 

Prenpector, Of suilies alt. COMPENSAtlON 22) alae os ye susie eee 358 IV 30 
WHARF— 

See Harbor and Wharf Commissioner; Harbor and Wharf 

Department. 
power to regulate, etc. (clauses 2 and 4).................. er ae = 
power to establish, improve, etc. (clause 4)............... 329 Ill 26 
may set aside portions of improved for special purposes 

CUPS WES Ope Dy, “es rye Ee 2 iat leet AH GR EE 8 Free 329 III 26 
lease of not to exceed fifty years (clause 4)............... 329 Ill 26 
power to erect, repair and regulate (clause 4)............ 329 Ill 26 
power to lease portions of (clause 4) :...0...0..60 0.0 cane 329 II 26 
shall be under charge of harbor and wharf commissioner. . 360 IV 38 
PrreinatGie OL! DriVale Property LOT. os cise seals clece cated com 38D VI 2 

WHARFAGE— 
power to charge wharfage and tonnage dues (clause 4).... 329 III 26 

: ( 356 IV 24 
ee OLIOC Led. LY) COLECGCTO io oie ties oa thee Ceo ites wt eo wl ola | 434 IX 6 
Dowerscr assembly tO. levy and Collect. 205%. oo. os cust s ae 369 V 4 
DEE WOGULALtICICS* (CLAUSE #4) Poo bo. SO Ge We uo eae ome he eae 329 Ill 26 
Dilie to, pe. made. out by commissioners 2040.3. cee bes 43 IX 6 
proceeds of to be credited to harbor fund.................. 43 IX 7 

WHARF BOATS— 

. ( 329 Ill 26 
Se OE NCCT. 25) ete age face ord eee Cunt ieiagn lelaDh et cele: aia anne 1 434 IX 9 
owners of forbidden to receive commissions, when........ 435 IX 9 
penalty for violating provisions of charter, when.......... 435 IX 9 
ree rere Wa Yt hire eC LG. wo oon « «obs d's Gs wx aria oye ene Qos ACuns 435 IX 16 


WHISKEY— 
Aree TIALe ANSDOCLION OF (ClIAUSE 7) fi..c.. sia Bea ee mie ae 330 Ill 


bo 
[=P 


542 INDEX TO CHARTER. 


index to Scheme, pp. 279-286. 


{index to Ordinances at end of Rev. Code. 
Index to State Laws for St. Louis, pp. 225-256. 


WINES— 


mMmay“regulatevinspection of) (clause%7) vacua cee eee ee 


WITNESSES— 


power to fix compensation of (clause 8).................. 
assembly may compel attendance of....................4- 


[ ANNOTATIONS. ] 
féesoof; whenyvnot allowed; eteraickcaus ee ere ee 
power of assembly to compel attendance, etc.........:.. 


WOODEN BUILDINGS— 


See Bulidings. 


WORK HOUSE— 


city may ‘purchase and holds property for )n2 eee hee 
issuance) Of bonds JOR i fay pee ee ehatonsie a Seon a ee ee 
power to erect, purchase or rent (clause 3)............... 
commitments to;same: (clause 10) gneve so ee eles 
imprisonment not to exceed six months (clause 10)...... 
persons committed to be compelled to work (clause 10).... 
fifty cents per day to be allowed for work (clause 10).... 
superintendent of to be appointed by mayor.............. 
terny (Of Off Cenkroureyears A ey he ote le eka oie ee 
firstiappointment: to, be {or two. years... sete rete ees 
LO De APPTOVERTDY -COUNGL. co fccls wae oe eee pelts bce etn 
Shall) makesannuals reports toO;Mavor.. 2 ive caeeie dane tee ule 


WORLD’S FAIR BONDS— 


[ ANNOTATIONS. | 
reference? toPConstitutlonw Slee oe ee ee a eee alee 


YEAS AND NAYS— 


See Municipal Assembly; Ordinances; Vote. 


322 


ART. 
Ill 


III 
Ill 


SEC, 


Joga/aNe ay oa Gia 


Mie KEVISED CODE OF SI. LOUIS. 


(BEING ORDINANCE 22902, APPROVED MARCH 19, 1907.) 


Containing the General Ordinance Provisions. 


1.—ORDINANCE IN REVISION OF THE GENERAL 
ORDINANCES. 


2.—APPENDIX TO GENERAL ORDINANCES, 


CONTAINING ORDINANCES APPROVED TOO LATE TO APPEAR IN 
ORDINANCE IN REVISION, INCLUDING THOSE ENACTED 
DOWN TO SESSION BEGINNING IN APRIL, 1907. 


ba 
yi? 
es Yy oy 
 P 
WS A a 


ORDINANCE No. 22902. 
(Approved March 19, 1907.) 


AN ORDINANCE 


aeeSe TINY eee 


Revision of the General Ordinances 


—OF THE—— 


Cerys On Sh LOWS. 


Be tt ordained by the Municipal Assembly of the City 
of St. Louts as follows: 


Section 1. That in revision of the general ordinances of the city the 
same shall be classified into chapters, articles and sections as follows: 


Chapter 1. Buildings, department of. Chapter 10. Harbor and wharf depart- 
Aritcle I. Of public buildings. ment. 
Article II. Of commissioner of public Article I. Of harbor and wharf regu- 
buildings. | lations, and herein of offenses. 
Article III. Of gunpowder. Article II. Of wharfage. 
mrticie TV. Of the inspection, con- Article III. Of wharfboats. 
struction, removal, safeguarding of Article IV. Of wood. 
buildings, protection of lives and safe- | Article V. Of scavenger dumps. 
ty of persons in public buildings and Article VI. Of ferries. 
of the protection of property against 
fire. Chapter 11. Health department. 


Article I. Of board of health. . 
Chapter 2, Of city surveyors. Article II. Of health commissioner 
and assistants. 

Article III. Of city bacteriologist. 
Article IV. Of city chemist. 

Article V. Of inspection of milk and 
Chapter 4. Of day laborers. cream and of licensing and regulating 
the sale thereof. 

| Article VI. Of regulations of dairies 
Chapter 5a. Of factory inspection. and cow stables. 

Chapter 6. Fire department. | Article VII. Of inspection of meat, fish, 
vegetables and fruit. 

Article VIII. Of poisons. 

Article IX, Of adulterated articles. 
Ckapter 8. ‘Of firewood and charcoal. Article X. Of regulations concerning 


Chapter 9. Of gas, inspection of. the cutting of ice. 


Chapter 3. Of coroner and morgue. 
Article I. Of coroner. 
Article II. Of morgue. 


Chapter 5. Of drinking fountains. 


Chapter 7. Fire and police telegraph de- 
partment. 


546 


Article) XI) Of resulations of evaults, 
privies and water closets. 

Article XII. Of nuisances. 

Article XIII. Of carcasses of dead ani- 
mals, and garbage or Offal. 

Article XIV. Of vital statistics. 
Article XV. Of regulations concern- 
ing the practice of medicine and sur- 
gery and midwifery. 

Article XVI. Of city hospital, hospital 
for females, insane asylum and dis- 
pensaries, 

Article XVII. Of poor house. 

Article XVIII. Of regulations concern- 
ing contagious, infectious and pesti- 
lential diseases. 

Article XIX. Of quarantine. 

Article XX. Of mortuary records. 

Article XXI. Of regulations concern- 
ing the transportation and disinter- 
ment of dead bodies. 

Article XXII. Of cemeteries. 

Article XXIII. Of crematories. 

Article XXIV. Of bringing insane per- 
sons and paupers into city. 

Article XXV Of salaries of officers 
and employes. 


Chapter 12. Of highways. 


Article I. Of street openings. 

Article II. Of construction and repairs, 
and preventing obstructions. 

Article III. Of sprinkling. 

Article IV. Of numbering of houses. 

Article V. Of stationary awnings. 

Article VI. Of electric wires, tubes and 
cables. 

ATUIGLE SV LL OLS IperVaSO bem O fam Chey, 
lighting and regulations pertaining to 
electrical apparatus. 

Article VIII. Of city lighting and mu- 
nicipal lighting plants. 

Article IX. Of telegraph and telephone 
poles. 

Article X. Of garbage disposal. 

Article XI. Of offenses connected with 
highways. 

Article XII. Of city forester. 


Chapter 13. Judicial department. 


Article I. Of police courts of first and 
second district. 

Article II. Of police court south of Ar- 
senal street. 

Article III. Of justices of the peace. 
Article IV. Of marshal. 

Article V. Of jury commissioner. 
Article VI. Of compensation of jurors 
ATTICLE Vill 1 OL probate court, 

Article VIII. Of juvenile court. 


Chapter 14. Law department. 


Article I. Of city attorney. 
Article, 117) MOL city. counselor: 


Chapter 15. Legislative department. 


Articles, “OL municipalsassem piv. 
Article II. Of ordinances. 


Chapter 16. Of markets. 


Article I. Of names and boundaries. 
Article II. Of location of stalls, stands 
and wagons. 


REVISED CODE OR GENERAL ORDINANCES. (CHAP. L 


Article III. Of leasing and renting of 
stalls and stands. 

Article IV. Of market masters, ap- 
pointment, powers and duties. 
Article V. Of rules and regulations. 
Article VI. Of meat shops. 

Article VII. Of regulations concerning 
sale of game. 

Article VIII. Of regulations concern- 
ing the sale of perishable articles. 


Chapter 17. Of mayor. 


Chapter 18. Of misdemeanors. 
Article I. Of offenses against public 
morals and decency. 
Article II. Of offenses affecting public 
order and peace. 


Article III. Of offenses affecting pub- 
lic safety. 


Article IV. Of miscellaneous offenses. 
Article V. Smoke and smoke abate- 
ment. 

Article VI. Of vagrants. 

Article VII. Of dogs. 

Article VIII. Of penalties, fines and 
forfeitures. 


Chapter 19. Of Mullanphy emigrant relief 
fund. 


Chapter 20. Of officers. 
Article I. Of their appointment, quali- 
fications and duties. 
Article II. Of their suspension and re- 
moval. 
Article III. Of public property in their 
charge. 
Article IV. Of private watchmen. 


Chapter 21. Penal and Charitable Institu- 
tions, department of. 
Article I. Of the commissioners. 
Article II. Of foundlings. 
Article III. Of the jailer. 
Article IV. Of the work-house. 
ATUICLOM Vk © lS tn oOUISMEEtn Cd lScini al 
school. 


Chapter 22. Plumbing and draining de- 
partment. 


Chapter 22a. Public baths and play 
grounds. 


Chapter 23. Of public earriers and li- 
eensing of wehicles. 
Article I. Of public porters. 
Article II. Of rates of license and reg- 
ulations for vehicles. 
Article III. Of regulations and penal- 
ties. 
Article IV. Of stands for vehicles. 
Article V. Of steam cars and steam 
railroads. 
Article VI. Of street cars and street 
railways. 


Chapter 24. Public improvements, depart- 
ment of. 
Article I. Of board of public improve- 
ments. 
Article II. Of president of board of 
public improvements. 
Article III. Of street commissioner. 
Article IV. Of sewer commissioner. 
Article V. Of water commissioner 


7.0 50s We | 


> 


Aritele VI. 
missioner. 
Article VII. Of park commissioner. 
Article VIII. Of regulations concern- 
ing the advertising of public improve- 
ments and the awarding of contracts. 
Article IX. Of salaries and bonds of 
members of the board of public im- 
provements and their employes. 


Chapter 25. 
Chapter 26. 
Chapter 27. 
Chapter 28. 


REVENUE DEPARTMENT. 


Chapter 29. 
Article I. 
Article ITI. 
Article III. 


Of harbor and wharf com- 


Of public parks. 
Of public printing. 
Of recorder of deeds. 


Of register. 


Of assessment of property. 

Of board of assessors. 
Of board of equalization. 
Of taxes. 


Chapter 30. Of license collector and li- 
cense revision, 


Chapter 31. Of subjects and objects of li- 


cense, 
Article I. Of auctioneers. 
Article II. Of bankers, brokers and 


insurance companies. 

Article III. Of commission merchants 
and merchandise brokers. 

Article IV. Of dramshops. 

Article V. Of electric batteries. 
Article VI. Of fortune tellers and as- 
trologists. 
ATEICLOMV Lice | Of 
houses. 

Article VIII. Of house and real estate 
agents and brokers. 

Article IX. Of intelligence offices. 
Article X. Of manufacturers. 


hotels and boarding 


Article XI. Of merchants. 
Article XII. Of ordinaries and restau- 
rants. 


Chapter 36. 


OF PUBLIC BUILDINGS. 547 


Article XIII. Of pawnbrokers. 

Article XIV. Of peddlers and hawkers. 
Article XV. Of railway ticket brokers. 
Article XVI. Of steamboat, hotel and 
railroad runners. 

Article XVIY. Of stockyards, sale sta- 
bles and horse and cattle dealers. 
Article XVIII. Of street railway com- 
panies. 

Article XIX. Of vault cleaners. 
Article XX. Of sundry vocations and 
miscellaneous provisions, 


Chapter 32. Of collector. 


Chapter 33. Of second-hand dealers. 
Chapter 34. Of sewers. 


Chapter 35. 
tors. 


Of steam boilers and eleva- 


‘ 


Supply department. 


é 
ee 


Chapter 37. 
Article I. 


Treasury department. 
Of the department. 

Article II. Of auditor. 

Article III. Of comptroller. 

Article IV. Of treasurer. 


Chapter 38. 
Article I. 
Article II. 
Article III. 


Water rates, department of. 
Of assessor and collector. 
Of swimming baths. 

Of water rates. 


Chapter 39. Of water works. 


Article I. Attachment with water 
pipes. 
Article II. Water works bonds. 


Chapter 40. Weights and measures, de- 
partment of. 
Article I. Of inspector. 
Article II. Of weights and measures. 
Article III. Of public scales. 
Article IV. Of city weighers. 
Article V. Of lumber measurers. 


(SOA EE au 


BUILDINGS, DEPARTMENT OF 


ARTICLE I,—Of public buildings. 


Il.— Of commissioner of public buildings. 


Ill.—Of gunpowder. 


IV.—Of the inspection of buildings, protection of lives of persons in public build- 
ings and of the protection of property against fire. 


ARTICLE I. 


OF PUBLIC BUILDINGS.* 


*Ordinance 21226, approved Sept. 28, 1908, creates the “New Public Buildings 
Commission,” and defines its duties and powers. 


548 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


Section 1. City hall established—what offices located therein. 
—The building erected, owned and controlled by the City of St. Louis on 
Twelfth, Thirteenth and Market streets and Clark avenue is hereby estab- 
lished as a city hall, and the offices of the mayor, municipal assembly, 
auditor, comptroller, treasurer, register, collector, commissioner of public 
buildings, inspector of weights and measures, license [collector] commis- 
sioner, president of the board of public improvements, water commissioner, 
street commissioner, sewer commissioner, park commissioner, harbor and 
wharf commissioner, commissioner of supplies, city counselor, associate 
city counselor, second associate city counselor and assistant city counselor, 
chief of the fire department, board of election commissioners, assessor and 
collector of water rates, president of the board of assessors and district 
assessors, inspector of boilers and board of engineers, supervisor of plumb- 
ing and supervisor of city lighting shall be located therein, and such other 
public officers as may be ordered by the proper authorities. (M. C. see. 1.) 


Ord. 19608. Plans and specifications for the building of the new City Hal) at its 
present location (then known as Washington Square), the building to cost one mil- 
lion dollars, were first provided for by ord. 15028, approved April 4, 1899; provis- 
ions for the building thereof, specifications, ete., and for letting the contract, were 
made in ord. 15558, app. March 29, 1890; this ord. was amended Dy Ord ui2s, 
app. June 29, 1893, which also created the City Hall Commission (composed 
of the Mayor, Comptroller, Pres. of B. P. I., Building Com’r, Pres. of the Council 
and Speaker of the House) giving it the control of the erection of the building 
and charging the President of the B. P. I. with supervising the work, ete. 


Charter authority concerning municipal buildings, Art. III, sec. 26, clause 38. 


Sec. 2. Mayor to assign offices.—The assignment of offices in 
said city hall shall be made under the direction of the mayor, and the 
management of the building shall be as hereinafter directed; Provided, that 
this section shall not apply to the rooms occupied by both branches of the 
municipal assembly. (M. C., sec. 2.) 


Sec. 3. United States flag on public buildings.—Upon and 
over the court house, four courts, new city hall, old city hall, work-house, 
house of refuge, insane asylum, poor-house, hospital for females, city hos- 
pital, engine houses, police stations, and a public building in such public 
parks as the park commissioner may direct, shall be erected a flag staff, 
on which the flag of the United States of America shall fly at full mast 
height between municipal office hours (weather permitting), on all the 
days of the week, except the Sabbath, usually called Sunday. (M. C. sec. 3.) 


Sec. 4. Art building in Forest Park.—The board of control of the 
St. Louis School and Museum of Fine Arts, a department of Washington 
University, are hereby authorized to erect within Forest Park in this city a 
building which, together with the site upon which it is located, shall be 
devoted to the use of this institution forever for the exhibition of pictures 
and sculpture and such other means as are usual in such institutions for 
the education of the public in art. (Ord. 19969, sec. 1; M. C. p. 976.) 
For state law authorizing a vote for taxation for purposes of an Art 
Museum, and rules and regulations for the government of such institution, see 


Session Laws 1907, p. 94 ef seg.. set forth in this work under “Laws Specially 
Applicable to St. Louis,’ Chap. 2a, being sections lla to 11j inclusive ( ante p. 81). 


See. 5. Loeation of building how determined.—The loca- 
tion of said building shall be determined by the board of control, herein- 
after provided. (Ord. 19969, sec. 2; M. C. p. 977.) 


Are. (I1,] OF COMMISSIONER OF PUBLIC BUILDINGS. 549 


Sec. 6. Board of Control, how constituted—public exhibi- 
tions.—Said building shall be erected subject to the following provisions : 


The building when completed shall be the property of the city for the 
uses hereinafter provided, and no other. The building and its affairs shall 
be under the direction and jurisdiction of the board of control of the St. 
Louis School and Museum of Fine Arts augmented by the mayor, comp- 
troller and park commissioner of the City of St. Louis, who shall be ex- 
officio members of such board of control of said building. There shall be 
an exhibition of pictures and sculpture in said building which shall be free 
of charge to the public every Sunday afternoon from one o’clock to sun- 
down, except at such times as repairs of the building and the rearrange- 
ment of collections are in progress; provided notice of such fact shall ‘be 
given by public advertisement on two different days; and such exhibitions 
shall be open free to the public as much oftener as, in the opinion of the 
board of control, the financial condition of the institution will permit. 
bras Lv9G69, sec:-3 >. M..C. p. 977.) 


ARTICLE II. 
OF COMMISSIONER OF PUBLIC BUILDINGS.* 
*Ordinance No. 10371, approved Sept. 25, 1877, created office. 
See. 7. ce of Commissioner of Public Buildings con- 


of public buildings, heretofore created 
and now Pease, shall be continued. (M. C. sec. 4.) 


Sec. 8. Appointment and term.—The commissioner of public 
buildings shall be appointed by the mayor and confirmed by the majority 
of the members of the council. He shall hold his office for four years, and 
until his successor shall have been duly appointed and qualified. (M. C. 
sec. 5.) 


Sec. 9. Qualifications.—The commissioner of public buildings shall 
be an architect who shall have had at least five years’ practical experience 
in building. (M. C. sec. 6.) 


Sec. 10. of public buildings shall give bond 
in the sum of ten thousand dollars for the faithful performance of his 
duties, with not less than two good sureties, holders of unencumbered real 
estate in the city, which bond shall be approved by the mayor and council. 
paC: sec. 7.) 


See. 11. Salary. of public buildings shall receive 
a Salary of twenty-five hundred sate per annum, payable in monthly 
instalments, in full for all services. (M. C. sec. 8.) 


No extra compensation can be recovered for work done in line of duty. 
Chamberlain vs. Kansas City, 125 Mo. 430.. See Charter, XVI, sec. 18, note. 


Sec. 12. General duties.—The commissioner of public buildings 
Shall execute all orders that may lawfully be made for the performance 
of work within his department. It shall also be his duty to devote the 
whole of his time to the work of his office, to exercise supervisory control 
over the repair, alterations and improvements of all of the public buildings 


550 REVISED CODE OR GENERAL ORDINANCES. POrLAS si: 


of the city (subject to the order of the president of the board of public im- 
provements), including all institutions and hospitals, the city hall, court 
house, jail, four courts, fire engine houses and morgue. He shall see that 
said buildings are kept in good condition. He shall prepare all plans and 
specifications for new buildings and also such as relate to the repairs, 
alterations and improvements of all public buildings, when directed by the 
president of the board of public improvements. (M. C. sec. 9.) 


Seer Charter iive secnral: 


See. 13. Care of buildings—appoint janitors and assist- 
ants—janitors.—It shall be the duty of the commissioner of public 
buildings to make all necessary regulations and arrangements for the care 
and cleaning of the city hall, the court house, jail, and four courts and other 
buildings under his charge. For this purpose he is authorized to appoint a 
janitor for each of the three buildings herein named, and such other assist- 
ants, not to exceed nine for the city hall, five for the court house and six for 
the four courts, as may be necessary to keep such buildings in an orderly or 
cleanly condition, and he shall also appoint one night watchman for each 
building, and he shall be held to strict responsibility for the acts of his em- 
ployes. (M. C. sec. 10.) 


The Commissioner and not the criminal court has power to appoint a janitor 
for said court: State ex rel. vs. Smith, 82 Mo. 51. 


Sec. 14. Heating apparatus—engineers.—The commissioner of 
public buildings shall have in his charge all heating apparatus in connec- 
tion with public buildings and institutions, and shall cause the same to be 
kept in good order. He shall appoint all engineers for the management of 
stationary boilers or machinery in public buildings and institutions, ex- 
cept such public buildings and institutions as are by charter or ordinance 
placed under the control of the board of health, and health commissioner. 
and water commissioner, and chief of fire department, and all firemen and 
employes in connection with same; but no person shall be appointed en- 
gineer who is not a duly licensed engineer, fully competent for the dis- 
charge of such duties, and a man of steady habits and good character 
(M. ©. sec. 11.) 


Sec. 15. Approval of appointments—removal.—All appointments 
of janitors, engineers or other persons by the commissioner of public build- 
ings shall be subject to the approval of the mayor and president of the 
board of public improvements, and may be removed by the mayor for cause, 
or by the commissioner and president of the board of public improvements 
whenever the interests of the city require it, but nothing herein contained 
shall be so construed as to mean that the janitors shall not personally 
perform their full share of the duty of keeping said buildings clean and in 
good condition. (M. C. sec. 12.) 


The words “or other persons” has reference to persons of the same class, 
and does not include inspectors: State ex rel. vs. Longfellow, 95 Mo. App. 660, 
663; State ex rel. vs. Longfellow, 93 Mo. App. 364, 372. 


This section is a part of the original ordinance passed in 1877, creating the 
office of Commissioner of Public Buildings, and defining his duties, and the ap- 
pointments he was then authorized to make were of janitors, watchmen, engineers 
and firemen, and the authority to remove had reference only to those employes; 
the power to appoint inspectors was not given until 1892 (ord. 17188) and 
the power to remove does not apply to inspectors: Magner vs. St. Louis, 179 Mo. 
495, 502, citing the cases supra. 


As to appointment of inspectors see below, sec. 33. 


Purere 111.) OF GUNPOWDER. 551 


See. 16. Janitors and night watehmen—salaries and bond. 
——The said janitors shall each give bond to the City of St. Louis in the 
sum of one thousand dollars, to be approved by the mayor and council, 
‘for the faithful performance of their duties, and the janitors of the court 
house and four courts buildings shall receive as full compensation for 
their services the sum of seven hundred and eighty dollars each per annum, 
payable monthly. The assistant janitors of the above mentioned buildings 
shall receive as full compensation for their services the sum of fifty-five 
dollars each per month. The janitor of the city hall shall receive as full 
compensation for his services the sum of eight hundred and forty dollars 
per annum, payable monthly. The assistant janitors of the city hall shall 
receive as full compensation for their services the sum of sixty dollars each 
per month. Night watchmen of the three buildings mentioned above shall 
receive as full compensation for their services the sum of six hundred 
dollars each per annum, payable monthly. (M. C. sec. 13.) 


Sec. 17. Engineers and firemen—salaries.—The engineer at the 
four courts shall receive as compensation for his services the sum of ninety 
dollars per month; and the engineer at the court house shall receive as 
compensation for his services the sum of seventy dollars per month. If 
assistant engineers are required for either or both of the above named 
buildings, the assistant engineer at the four courts shall receive a salary 
of seventy dollars per month, and the assistant engineer at the court house 
shall receive a salary of sixty dollars a month. Firemen, fifty dollars per 
month. (M. C. sec. 14.) 


Sec. 18. Publie buildings—what employes in, appointed by 
commissioner.—The necessary employes in public buildings not in charge 
of a resident superintendent shall be under the superintendence of the com- 
missioner of public buildings, and shall be appointed by him with the ap- 
proval of the mayor and president of the board of public improvements ; 
their number and salaries shall be established by ordinance. (M. C. sec. 15.) 


ARTICLE III. 


OF GUNPOWDER.* 


*For Charter authority to regulate storage of gunpowder and other explosives 
see Charter, Art. III, sec. 26, clause 12. 


See. 19. Quantity of gunpowder, ete., which may be kept 
and where.—Not exceeding five pounds of gunpowder shall be allowed 
to be kept by any person or persons in any store, dwelling, building or 
other place within the city, except that retailers or venders of gunpowder 
in small quantities may, for that purpose, keep any quantity not exceeding 
thirty pounds; Provided, that the same shall be kept in tin or metal canis- 
ters or stone jars, with good and closely-fitting and well-secured covers 
thereon ; Provided, however, that those parties now having magazines within 
the limits of the city are hereby allowed to store in such magazines such 
quantities of gunpowder as may be necessary for their business; Provided, 
further, that no person or corporation shall hereafter be permitted to store 
or keep within the limits of this city any giant powder, dynamite, nitro- 
glycerine, gun-cotton or other similar explosives, except gunpowder, in 
quantities greater than thirty pounds. The commissioner of public build- 
ings may, with the approval of the mayor, grant to owners of magazines 
located within the city limits in which are stored more than thirty pounds 
of explosives, as enumerated above, except gunpowder, not to exceed ninety 


552 REVISED CODE OR GENERAL ORDINANCES. LGHAP GL: 


days from the approval of this ordinance in which to remove said prohibited 
explosives to a place or places outside the limits of the city. (M. C. sec. 16.) 


Sec. 20. Sign to be displayed—notice to be given.—Every 
retailer of gunpowder, giant powder, dynamite, nitro-glycerine or blasting 
powder shall place on the building containing the same, over or at the 
side of the front door thereof, a sign with the words “powder for sale” 
printed thereon, in letters at least three inches in height, and shall notify 
the commissioner of public buildings in which portion of said store the 
said powder or powders are placed, which notice shall be kept of record 
in the said commissioner’s office. (M. C. sec. 17.) 


See. 21. Gunpowder, etc.—how carried on streets.—No person 
shall carry gunpowder, giant powder, dynamite, nitro-glycerine or blasting 
powder on any vehicle in any part of the city unless the same shall be 
secured in kegs, boxes or canisters, sufficiently close to prevent the grains 
thereof from falling out, and be laid upon and covered with sheets of canvas 
or other cloth. (M. C. sec. 18.) 


Sec. 22. Gunpowder, etc.—time within which may be kept. 
—Any person having charge of any vehicle conveying more than one keg 
of twenty-five pounds of gunpowder, giant powder, nitro-glycerine, dyna- 
mite or blasting powder, and who shall have such vehicle with the gun- 
powder, giant powder, nitro-glycerine, dynamite or blasting powder thereon, 
within the limits of the city for a longer time than two hours, or who shall 
permit more than one keg or twenty-five pounds of gunpowder, giant pow- 
der, nitro-glycerine, dynamite or blasting powder in his charge to be upon 
any street, alley or sidewalk longer than thirty minutes, shall in either 
case be deemed guilty of a misdemeanor; Provided, however, that such 
quantities of gunpowder, giant powder, nitro-glycerine, dynamite or blast- 
ing powder as may be required for the supply of merchants and of wholesale 
dealers making up bills for the country trade, may be brought from the 
powder magazine or depots during the day, and such powder shall be al- 
lowed to be kept in the city during the business hours of the day. (M. C. 
sec. 19.) 


Sec. 23. Gunpowder, ete.—penalty for bringing in concealed. 
—Any person who shall knowingly bring within the corporate limits of 
the city any quantity of gunpowder, giant powder, dynamite, nitro-gly- 
cerine or blasting powder concealed in a box, barrel, parcel, package or 
other thing marked and purporting to be other than gunpowder, giant 
powder, dynamite, nitro-glycerine or blasting powder, shall be deemed 
guilty of a misdemeanor, and the gunpowder, giant powder, dynamite, 
nitro-glycerine or blasting powder so concealed shall be forfeited and 
seized and sold by the marshal as hereinafter provided. (M. C. sec. 20.) 


Sec. 24. Search warrant may be issued—when.—lIf an affida- 
vit be presented to the mayor showing probable cause to believe that any 
person keeps, has, possesses or conceals any gunpowder, giant powder, 
dynamite, nitro-glycerine or blasting powder, in violation of this article, he 
shall issue to the marshal a search warrant, commanding him to search 
any place in quest of gunpowder, giant powder, dynamite, nitro-glycerine 
or blasting powder, which warrant shall be forthwith rigidly executed. 
(M. C. sec. 21.) 


Sec. 25. Penalty for violating article—seizure.—Any person 
who skall violate any of the provisions of this article shall be deemed 
guilty of a misdemeanor, and on conviction thereof be fined not less than 
twenty-five and not exceeding one hundred dollars. And all gunpowder, 
giant powder, dynamite, nitro-glycerine or blasting powder kept, stored, 


ART. IV.] BUILDING CODE. 553 


removed, transported and exposed within the city, or unladen from or 
laden upon any steamboat, vessel or railway car contrary to and in viola- 
tion of any of the provisions of this article, shall be liable to be seized by 
the marshal, or by any city officers cognizant of the fact, and it is hereby 
made the duty of the marshal and all other city officers, forthwith to seize 
such gunpowder, giant powder, dynamite, nitro-glycerine or blasting pow- 
der, and convey the same to a safe place beyond the city limits; and any 
and all quantities of gunpowder, giant powder, dynamite, nitro-glycerine or 
blasting powder seized as aforesaid shall be sold by the marshal at public 
vendue to the highest bidder for cash, first giving three days’ notice of 
the time, place and terms of such sale, in the newspapers employed by the 
city. (M. C. sec. 22.) 


See. 26. Quarries—construction of article with reference. 
The provisions of this article shall not be construed to prohibit, or prevent, 
quarrymen from keeping upon their premises at the quarry blasting pow- 
der in quantities not exceeding one keg of fifty pounds, provided the same 
is well secured from danger of explosion; and provided it is so situated and 
located that an explosion could work no injury to the inhabitants in the 
vicinity, or persons passing in the vicinity convenient to said locality 
where the powder is stored. (M. C. sec. 23.) 


ARTICLE IV.. 


OF THE INSPECTION, CONSTRUCTION, REMOVAL, SAFEGUARDING OF BUILDINGS, 
PROTECTION OF LIVES AND SAFETY OF PERSONS IN PUBLIC BUILDINGS 
AND OF THE PROTECTION OF PROPERTY AGAINST FIRE. 


Sec. 27. Duties of Fire Chief to inspect buildings transferred 
to Building Commissioner.—The duties imposed on the chief of the fire 
department by section five of article eleven of the city charter shall be 
hereafter performed by the commissioner of public buildings. (M. C. 
sec. 24.) 


Transfer authorized by Charter, III, sec. 32. See Magner vs. St. Louis, 179 Mo. 
tne} 25.00. 


See. 28. Deputy commissioner — appointment — qualifica- 
tions.—The position of deputy commissioner of public buildings, hereto- 
fore created and now existing, shall be continued. Said deputy shall be 
appointed by the commissioner of public buildings and approved by the 
mayor, and shall possess the qualifications prescribed by section ten of 
article four of the charter. (M. C. sec. 25.) 


See. 29. When deputy to act for Commissioner.—In case of 
the absence from the city, sickness or other inability of the commissioner 
of public buildings the deputy commissioner of public buildings shall per- 
form all the duties of his principal. (M. C. sec. 26.) 


‘ 


Sec. 30. Salary and bond of, deputy.—The deputy commis- 
sioner of public buildings shall receive a salary of one hundred and twenty- 
five dollars per month, payable monthly. He shall give bond to the City 
of St. Louis for the faithful performance of the duties of his office in the 
sum of five thousand dollars, with two good and sufficient sureties, to be 
approved by the mayor and council. (M. C. sec. 27.) 


554 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


Sec. 31. Chief and assistant [and permit] clerks—salaries 
and bonds.—There shall be appointed by the commissioner of public 
Buildings, subject to the approval of the Mayor, a chief clerk and an 
assistant clerk [and a permit clerk*]. The chief clerk shall receive a salary 
of one hundred and twenty-five dollars per month, payable monthly. He 
shall give bond in the sum of twenty thousand [two thousand*] dollars, 
with good and sufficient security, to be approved by the Mayor and Council. 

The assistant clerk shall receive a salary of one hundred dollars per 
month, payable monthly, and shall give bond in the sum of one thousand 
dollars, with good and sufficient security, to be approved by the Mayor 
and Council. [The permit clerk shall receive a salary of one hundred and 
twenty-five dollars per month, payable monthly, and shall give bond in the 
sum of $2,000, with good and sufficient security, to be approved by the 
Mayor and Council*]. (Ord. 21463 and 22778, amending M. C. sec. 28.) 


*The portions of section 31 included in brackets is not a part of the Rev. 
Code but is an addition by amendment made by ord. 22778, approved Feb. 12, 1907, 
after the Rev. Code had been submitted to the assembly and before the passage 
thereof. (See appendix for ord. 22778 in full.) 


Sec. 32. Chief Inspector—salary and bond.—There shall be one 
chief inspector of buildings appointed by the commissioner of public build- 
ings, to be approved by the Mayor, who shall be a practical builder, whose 
salary shall be one hundred twenty-five dollars per month, payable monthly. 
He shall give bond to the City of St. Louis for the faithful performance of 
his duties in the sum of five thousand dollars, with two good and sufficient 
securities, to be approved by the Mayor and Council. (M. C. sec. 29.) 


Sec. 33. Six inspectors—salaries and bond.—There shall be 
six inspectors of buildings appointed by the commissioner of public build- 
ings, to be approved by the Mayor, who shall be practical builders, and 
whose salaries shall be one hundred dollars per month each, payable 
monthly. Said inspectors shall give bond to the City of St. Louis for the 
faithful performance of their duties in the sum of five thousand dollars 
each, with two good and sufficient securities, to be approved by the Mayor 
and Council. The first appointment of inspectors of buildings shall be for 
the term ending on the first Tuesday in April, eighteen hundred and ninety- 
five. (M. C. sec. 30.) 


These inspectors are “assistants” within the meaning of Chart. Art. IV, 
sec. 14, and may be removed by the Commissioner at his pleasure: State ex rel. 
vs. Longfellow, 95 Mo. App. 660, 666, following State ex rel. vs. Longfellow, 93 Mo. 
App. 364; a similar ruling is made in Magner vs. St. Louis, 179 Mo. 495. These 
cases hold that under the former ordinances they were officers but not under 
the present one. 


Sec. 34. Additional inspectors, examiner of plans, record 
clerk, stenographer — salaries — qualifications — bonds — dis- 
charge—horses and buggies allowed.—In addition to the inspectors 
provided for in section thirty-three of this article, the Commissioner of Pub- 
lic Buildings may, when necessary for the proper performance of the work 
of the department, employ, with the approval of the Mayor, additional in- 
spectors, not exceeding six in number, and whose salaries shall be one hun- 
dred dollars each per month, payable monthly. [The said Commissioner of 
Public Buildings shall also have authority to appoint, with the approval of 
the Mayor, one additional inspector, to be known as Inspector of Plastering, 
who shall receive a salary of one hundred dollars each month, payable 


ART. IV.] BUILDING CODE. 555 


monthly, and who shall be a practical plasterer and a qualified voter of the 
City of St. Louis for at least two years prior to his appointment.*] The said 
Commissioner of Public Buildings shall also have authority to appoint, with 
the approval of the Mayor, one-examiner of plans, whose salary shall be one 
hundred and twenty-five dollars per month, payable monthly, and one record 
clerk, whose salary shall be one hundred dollars per month, payable month- 
ly, and one stenographer, whose salary shall be seventy-five dollars per 
month, payable monthly. 


Said examiner of plans ‘and inspectors of the second class, shall be 
skilled mechanics, engineers or architects, having a thorough knowledge of 
building construction, and shall each give bond to the City of St. Louis 
for the faithful performance of his duties in the sum of two thousand dol- 
lars with two good and sufficient securities to be approved by the Mayor 
and Council. All of the employes herein authorized to be approved or em- 
ployed shall be subject to dismissal by the Commissioner of Public Build- 
ings at his pleasure. Seven horses and buggies shall be allowed to the 
office of the Commissioner of Public Buildings to be acquired and main- 
tained at the cost of the city; the purchase price of each outfit, consisting 
of horse, buggy, and harness, shall not exceed the sum of three hundred 
and fifty dollars. (Ord. 20661 and 22749, amend. M. C. sec. 31.) 


*The portion in brackets is not a part of sec. 34 of the “Revised Code,” but is 
an amendment passed after the submission of the Code to the assembly and 
before its passage, in ordinance No. 22749, approved Feb. 5, 1907. See appendix 
for the complete ordinance. 


Sec. 35. Architectural draughtsman—salary.—There shall be 
one architectural draughtsman appointed by the commissioner of public 
buildings, and approved by the Mayor, whose salary shall be one hundred 
dollars per month, payable monthly. (M. C. see. 32.) 


Sec. 36. Additional help—salaries.—The commissioner of public 
buildings, with the consent of the president of the board of public improve- 
ments and the approval of the Mayor, shall have authority to appoint such 
additional help, either draughtsmen or local superintendents, as may in 
his judgment be necessary for the proper fulfillment of the duties of his 
department. The salaries of such additional help shall be at the rate of 
four dollars per diem for draughtsman and five dollars per diem for local 
Superintendents. (M. C. sec. 33.) 


See. 37. Inspector on request fire prevention bureau—no com- 
pensation from city.—In addition to the force provided herein, an addi- 
tional inspector shall be employed, with the advice and consent of the 
Mayor, upon written application of the St. Louis Fire Prevention Bureau, 
who shall devote his time to the examination and supervision of buildings 
in process of construction in the City of St. Louis, and who shall report to 
the Commissioner of Public Buildings all violations of this or any other 
city ordinance relative to the same. The said inspector shall serve without 
compensation from the city, and hold his position until removed by the 
Mayor at the request of said St. Louis Fire Prevention Bureau. (Ord. 
20532, amend. M. C. sec. 34.) 


Sec. 38. Commissioner shall inspect construction of all build- 
ings.—It shall be the duty of the commissioner of public buildings to visit 
and inspect each and any house or houses, building or buildings, which 
may be in the course of erection, construction, alteration, enlargement, 


556 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


repair or removal within the limits of the city, and to see that such house 
or houses, building or buildings, are being erected, constructed, altered, 
enlarged, repaired or removed according to the provisions of this article, 
and all acts and ordinances in force in said city, and in manner adapted 
for the security thereof against fires and the safety of the occupants. His 
visits and inspection shall be repeated from time to time during the erec- 
tion, construction, alteration, enlargement, repair or removal of such house 
or houses, building or buildings, and until all the walls shall have been 
completed and the same enclosed, when his duties shall terminate, except 
as otherwise provided in this article. He shall, on application for that 
purpose, furnish the owner or owners, contractor or contractors, his cer- 
tificate that said house or building is in all respects conformable to law, 
and properly constructed. (M. C. see. 35.) 


Sec. 39. Duties of Commissioner—records—enter premises— 
subordinates.—It shall be the duty of the Commissioner of Public 
Buildings to sign all certificates and notices required to be issued under this 
article from said departments; to keep in proper books for that purpose a 
register of all transactions of said department, to submit to the City Coun- 
cil a yearly statement in detail of such transactions; to enter upon the prem- 
ises wherein any fire has occurred, if necessary, in order to investigate the 
origin of the fire, and to enter into all buildings, yards and inclosures, at 
all reasonable hours, in order to discover if they are in a dangerous state, 
and to cause such as may be unsafe to be put in a safe and secure condition ; 
enforce the provisions of this article relating to the safe loading of floors, bill 
boards, signs and fences, and, further, to perform such other duties as are 
herein required of him. He shall also have a general supervision and direc- 
tion over the subordinate officers of the department. (M. C. sec. 36.) 


Sec. 40. Commissioner’s power as to construction and re- 
pairs—to approve plans within three days.—The commissioner 
of public buildings shall have power to pass upon any question arising 
under the provisions of this article relative to the manner of construction 
or the materials to be used in the erection, construction, alteration, enlarge- 
ment, repair or removal of any building in the City of St. Louis, subject 
to section fifty-nine of this article, and he shall require that plans and speci- 
fications of the proposed erection, construction, alteration, enlargement or 
repair to be submitted for inspection before issuing the permit; provided, 
that any application or plan presented for a permit shall be acted on by the 
commissioner of public buildings, within three days from the day they are 
presented. (M. C. sec. 37.) 


Sec. 41. New building code—not retroactive. — It is hereby enacted 
that the construction, erection, repairing and altering, or removal, of build- 
ings in the City of St. Louis shall hereafter be in conformity with this 
article. Provided, that nothing in this article shall be construed to pre- 
vent the completion of any building operations for which permits shall be 
in force at the time of the approval of this article, in accordance with the 
terms of the ordinances in force at the time of the issuance of such permit. 
(Ord. 22022, sec. 1.) : 


This ordinance, No. 22022, was approved April 7, 1905. 


Sec. 42. Permit required.—No work, except minor repairs shall be 
done upon any structure, building or shed in the City of St. Louis without 


ART. IV.] BUILDING CODE. 567 


a permit from the Commissioner of Public Buildings. Before proceeding 
with the erection, enlargement, alteration, repair or removal of any building 
in the city, a permit for such erection, enlargement, alteration, repair or 
removal shall first be obtained by the owner or his agent from the Commis- 
sioner of Public Buildings, and it shall be unlawful to proceed with the 
erection, enlargement, alteration, repair or removal of buildings or of any 
structural part thereof, or of any structure which is to be used for the 
support, shelter or enclosure of persons, animals or chattels within the 
city, unless such permit shall first have been obtained from the Commis- 
sioner of Public Buildings. (/b., sec. 2—corresponds to M. ©., sec. 75.) 


See Chart., XI, sec. 4. After a permit has beén granted and the building con- 
structed the Building Commissioner has no power to restrict the use to which 
the building is to be put. The construction is one thing, its use another: 
St Louis vs. Dorr, 136 Mo. 370. A city may, exercising its police power, 
remove a wooden building erected in violation of an ordinance, without judicial 
proceedings; the agents so removing same must, to exonerate themselves from 
liability, show that the building is permitted to remain in violation of law and 
that in tearing it down they exercised reasonable care to preserve the materials: 
EKichenlaub vs. St. Joseph, 113 Mo. 395. 


Sec. 43. No building to be altered without examination by the 
Commissioner. ildi ected, or hereafter to be erected in 
the City of St. Louis, shall be eiiakbod: raised, altered, or built upon in 
such manner that were such building ‘wholly built or constructed after the 
passage of this ordinance, it would be in violation of any of the provisions 
of this article. And before any building, in any part of said city, shall 
be enlarged, raised, altered, built upon or moved, the same shall first be 
examined by the Commissioner of Public Building gs, or his assistants, to 
ascertain if the building or buildings are in a safe and good condition to be 
enlarged, raised, altered or built upon, and no such buildings as aforesaid 
shall be enlarged, raised, altered or built upon until after such examination 
has been made, as provided in this article, and the fee for such examina- 
tion has been paid. (/0b., sec. 3; corresponds to M. ©., sec. 38.) 


Sec. 44. Alterations to conform to ordinances.—No wall, struc- 
ture, building, part or parts thereof, shall hereafter be built, constructed, 
altered or repaired, except in conformity with the provisions of this article. 
(Ib., sec. 4; corresponds M. C., sec. 40.) 


Sec 45. Reconstruction of buildings damaged by fire.—In any 
case when any building is, hereafter, damaged by fire to an extent exceed- 
ing fifty per cent of the amount required to newly erect a similar building 
on the identical site, if such building is repaired or rebuilt, the requirements 
of this article shall be conformed to in every particular, precisely as re- 
quired for new buildings. (/b., sec. 5; corresponds M. C., sec. 39.) 


_ Bee. 46. Penalty for constructing or altering without permit. 
ry person who, as owner, agent lessee, builder, architect, mechanic or 
ee tox shall commence any building in the City of St. Louis, or do or 
cause to be done any work on the same, or build the same, or shall proceed 
to alter, enlarge, repair, or remove any building, or who shall enclose any 
open shed, or pavilion now built, or hereafter to be built, without having 
first procured a permit from the Commissioner of Public Buildings author- 
izing the same, shall be deemed guilty of a misdemeanor, and upon convie- 
tion shall be fined not less than five dollars, nor more than five hundred 
dollars for each offense. (/b., sec. 6; corresponds M. C., sec. 41.) 


558 REVISED CODE OR GENERAL ORDINANCES. DCRAr SL: 


Sec. 47. Form of application.—Applications for permits shall be 
made in writing, signed and sworn to by the owner or his agent, and shall 
state clearly and fully the work contemplated to be done, and the cost 
thereof, and shall be made upon forms or blanks to be issued for the pur- 
pose by the Commissioner of Public Buildings, and such applications shall 
remain on file in the building department. The Commissioner of Public 
Buildings may require that said application shall contain, or be accom- 
panied with a statement in writing, sworn to before a notary public, giving 
the full name and residence of the owner, or of the owners of the ground 
and structure, building or shed, upon which it is proposed to do any work, 
or, if the work is proposed to be done or executed by any other person than 
the owner or owners of the ground, then the Commissioner of Public Build- 
ings may require a statement in writing, sworn to as aforesaid, giving the 
full name and residence of such person or persons so acting as agent, lessee, 
or in any representative capacity, and that he or they are duly authorized 
to perform said work. (/b., sec. 7; corresponds to M. C., sec. 76.) 


Sec. 48. Plans and specifications.—True copies of so much of said 
plans and specifications as may be required, in the opinion of the Commis: 
sioner of Public Buildings, to illustrate the features of construction and 
equipment of the building referred to in this article, shall be filed with the 
Commissioner of Public Buildings, and shall remain on file in his office 
until the completion or occupation of said building, after which such plans 
and specifications shall be returned by the Commissioner of Public Build- 
ings to the parties by whom they have been deposited with him, upon the 
demand of said person or persons. It shall not be obligatory upon the 
Commissioner of Public Buildings to retain such plans and specifications 
in his custody for more than three months after the completion of or occu- 
pation of any building. 


All plans presented for examination or filing must be drawn on tracing 
cloth, or other material equally durable, to scale in India or other indelible 
ink, or may be drawings reproduced by the sun print, or other process. The 
building line must be indicated on the foundation plan, and the plan of each 
floor and all necessary elevations and sectional drawings to fully and clearly 
represent the character and construction of the proposed work must be fur- 
nished, together with a plat of the lot upon which any building is to be, 
built or altered, showing its proposed location on the lot, and the location 
of all other buildings then upon the lot. Such plat shall be drawn to a 
scale, and shall have written thereon the principal dimensions of the lot 
and buildings, and their location. No plans will be considered nor accepted 
unless accompanied by specifications sufficient to enable the Commissioner 
of Public Buildings to obtain full and complete information as to the char- 
acter of the work to be done, and the time to be occupied in doing it. Such 
specifications and plans must be in duplicate and shall agree in every 
respect, and shall state block and lot number where the house is to be 
erected, and contain the name and address of the owner, architect and 
vuilder. (/b., sec. 8; compare M. ©., secs. 77, 79.) 


Sec. 49. Approval of plans and specifications on compliance 
with building code.—lIf the matters mentioned in any application for a 
permit, or if the plans and specifications accompanying and illustrating 
the same indicate to the Commissioner of Public Buildings that the work 
to be done is not in all respects in accordance with the provisions of this 
article, he shall refuse to issue a permit until such applications and plans 
and specifications shall have been made to conform in every respect to the 
requirements of this article, and when such applications and plans and 


ART. IV.] BUILDING CODE. 559 


specifications conform to this article the Commissioner of Public Buildings 
shall issue a permit, and shall file said application, and shall apply to the 
plans and specifications an official stamp, which shall imply that the 
plans and specifications to which the same have been applied comply with 
the terms of this article. The one set of plans and specifications so stamped 
shall then be returned to such applicant. (/b., sec. 9; corresponds M. C., 
sec. 78.) 


See. 50. Alterations of plans.—lIt shall be unlawful to erase, ma- 
terially alter, or modify any lines, figures, or coloring contained upon plans 
and specifications stamped by the Commissioner of Public Buildings, or 
filed with him for reference. If, during the progress of the execution of 
such work, it is desired to materially deviate in any manner affecting the 
construction, or other essentials of the building, from the terms of applica- 
tion, plans, or specifications, notice of such intention to materially alter or 
deviate shall be filed in writing with the Commissioner of Public Buildings, 
and his written assent must first be obtained before such alterations or de- 
viations may be made. (/b., sec. 10; corresponds M. C., sec. 80.) 


Sec. 51. Revocation of permits.—If work upon any building shall 
be conducted in violation of any of the provisions of this article, either as 
to occupation of sidewalk or street, or the use or application of material 
or workmanship, or deviation from the approved plans and specifications, 
or if any false statement, in any material point, be contained in, or accom- 
panied with the application upon which any permit has been issued, it 
shall be the duty of the Commissioner of Public Buildings to revoke the 
permit for the building operations. And it shall be unlawful, after the 
revocation of such permit, for any person, firm, or corporation, to proceed 
with such building operations until such permit shall first have been rein- 
stated or reissued by the Commissioner of Public Buildings. Before a 
permit, revoked for the cause, or causes before mentioned, can be lawfully 
reissued or reinstated, the entire building and building site must first be 
put into condition corresponding with the terms of this article, and any 
work or material applied to the same in violation of the terms of this 
article shall be removed from said building. Any person, firm or cor- 
poration violating any provision of this section shall, upon conviction, be 
subject to the penalties provided in section 46 of this article. A permit 
reinstated or reissued shall be reissued or reinstated, without cost to the 
owner, unless the cost of said building has been found to be materially in- 
creased over the amount stated in the application, in which case the fees 
shall be prorated, as provided in section 54 of this article. (J/b., sec. 11; 
corresponds M. C., sec. 84.) 


See. 52. Expiration of permits.—lIf after a permit for the erection, 
enlargement, alteration, repair or removal of a building shall have been 
granted, the operations called for by the said permit shall not be begun 
within one year of the date thereof, or if such operations when begun are 
not completed within the time fixed in the said permit for the duration 
thereof, then said permit shall be void, and before such operations can be 
begun or completed, a new permit shall be procured by the owner or his 
agent, and fees as herein fixed for the original permit shall be paid therefor. 
(Ib., sec. 12; corresponds M. C., sec. 83.) 


Sec. 53. Extension of permits.—If it shall be found that the time 
called for in any permit for building operations shall expire before the 
said building or buildings can be completed, the Commissioner of Public 


560 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. 


Buildings shall have the power to extend the time called for in said permit, 
without extra cost or charge therefor, if it shall seem to him proper to do 
so, from evidence he may obtain in regard to same, from the owner or 
architect thereof, or from the contractor for such building operations. (JD., 
sec. 18; corresponds M. C., sec. 85.) 


See. 54. Cost of permits.—The fee to be paid for a permit for the 
erection or alteration of buildings, shall be one dollar, if the estimated cost 
of said building or buildings, or alteration, shall be less than one thousand 
dollars; and for every additional one thousand dollars of cost, or fraction 
thereof, the further sum of fifty cents shall be paid. If it should appear 
to the Commissioner of Public Buildings, during the erection of any build- 
ing or buildings for which a permit has been issued, that the cost of said 
building is in excess of the amount stated in the original application, the 
Commissioner of Public Buildings shall have the right to re-estimate the 
cost of any such building or buildings, and require the owner of said build- 
ing or buildings to pay an additional fee, so that the fee paid shall conform 
to the entire cost of said building or buildings, as provided for in this 
section. The fee to be paid for a permit to remove a building shall be one 
dollar if the building cover twenty-five hundred square feet or less of area, 
and the further sum of fifty cents shall be paid for every additional twenty- 
five hundred square feet of area or part thereof. The fee to be paid for a 
permit to erect signs, as provided in section 121 of this article, shall be at 
the rate of one dollar for every twenty-five square feet of area of such sign, 
or portion thereof. Each such permit shall state thereon the number and 
size of signs permitted thereby, and the street and number of the premises 
whereon they are to be placed. The fee to be paid for a permit to erect bill 
boards, shall be at the rate of one dollar for every five lineal feet thereof, 
and each such permit shall state thereon the length of bill boards permitted 
thereby, and the street and number of the premises whereon they are to be 
erected and their distance from the line of the street. The fee to be paid 
for a permit to erect or install any heating or power apparatus, as required 
in sections 149 and 150, shall be one dollar for every such apparatus. (JD., 
sec. 14; compare M. C., sec. 82.) 


Sec. 55. Inspection fees.—The fee to be paid for each inspection, as 
provided in sections 56, 57, 150 and 151 of this article, shall be one dollar 
for each inspection. It shall be unlawful for any person or persons to 
proceed with any operation provided for in said sections before such in-— 
spections have been made and the fee for the same has been paid. (Jb.. 
sec. 15; compare M. C., sec. 86.) 


Sec. 56. Of Inspection; duty to notify when ready for inspec- 
tion.—No building, partition or structure shall be covered in by lath- 
ing, plastering, sheathing or otherwise, until the Commissioner of Public 
Buildings has, by examination, ascertained that the said building, partition 
or structure has been built in accordance with the provisions of this article. 
It shall be the duty of the owner, or his duly authorized agent, or the 
builder, to notify the Commissioner of Public Buildings, in writing, when- 
ever any building is ready for inspection. And no building. partition or 
structure, shall be covered in by lathing, plastering, sheathing or otherwise, 
until such inspection is made, and the Commissioner of Public Buildings 
has issued a certificate to the effect that the said building, partition or 
structure has been built in compliance with the requirements of this article, 
and the fee for said inspection has been paid, as provided in section 55 of 
this article. (/b., sec. 16; compare M. C., sec. 156.) 


ART. IV.] ; BUILDING CODE. 561 


See. 57. Alterations.—Before proceeding to raise, enlarge, alter, build 
upon, move or tear down any existing structure or building in the City of 
St. Louis, the person or persons proposing to raise, enlarge, alter, build 
upon, move or tear down any such structure or building shall make appli- 
cation in writing to the Commissioner of Public Buildings for an inspection 
of such structure or building. The fee to be paid for such inspection shall 
be as provided in section 55 of this article. Alterations in buildings which 
do not involve any change in their structural parts or of their stairways, 
elevators, fire escapes or other means of communication or ingress or egress 
may be made without such inspection and the payment of said fee. (Jb., 
sec. 17.) 


See. 58. Board of Appeals.—There shall be in the City of St. Louis 
a board to be called the Board of Appeals, from the rulings of the Commis- 
sioner of Public Buildings, which board shall consist of three members to 
be appointed as follows: One inspector of the St. Louis Fire Prevention 
Bureau, who shall be appointed by the Mayor, with the approval of a ma- 
jority of the Council, and who shall hold his office for three years from the 
date of his appointment. One architect, who shall be appointed by the 
Mayor, with the approval of a majority of the Council, and who shall hold 
his office for two years from the date of his appointment. One master 
builder, who shall be appointed by the Mayor, with the approval of a ma- 
jority of the Council, and who shall hold his office for one year from the 
date of his appointment. The terms of the several members of said board 
shall be three years each after the expiration of the first term. Any mem- 
ber of said board may be removed by the Mayor or Council for malfeasance, 
incapacity or neglect of duty. Said board shall meet the second and fourth 
Mondays of each month to consider such matters as may be brought before 
them. Special meetings may be called by the Commissioner of Public 
Buildings, with the approval of the Mayor. Each member of said board 
shall be paid by the city a compensation of ten dollars for each meeting. 
The reasonable expenses for said board, including clerical assistance, shall 
be paid by the City of St. Louis. (J/b., sec. 18; corresponds ord. 20532.) 


Sec. 59. Appeal from the decision of the Commissioner of 
Public Buildings.—Any applicant for a permit from the Commissioner of 
Public Buildings required by this article, whose application has been re- 
fused, or revoked; or any person who has been ordered by the Commissioner 
of Public Buildings to incur any expense, may, within fifteen days after 
being notified of such refusal, or order, appeal from the decision of the 
Commissioner of Public Buildings, by giving the Commissioner of Public 
Buildings notice in writing that he does so appeal; said notice shall be ac- 
companied by a certificate that said applicant has paid into the City Treas- 
ury the sum of five dollars, to be retained by the city; provided, however, 
no appeal to the board shall be legal in case of unsafe structures and con- 
demnations, as provided hereafter in section 212 [216] of this article. 
Any person, the value of whose property may be affected by work to be done 
under any permit granted by the Commissioner of Public Buildings, may, 
within three days after the issuing of such permit, appeal by giving to the 
Commissioner of Public Buildings notice in writing that he does so appeal, 
and payment of the fee as aforesaid. All cases in which appeals have been 
taken as above provided, shall be referred to the Board of Appeals, and said 
board shall, after hearing, direct the Commissioner of Public Buildings to 
issue his permit under such conditions, if any, as they may require, or to 
withhold the same. (J/b., sec. 19; corresponds M. C., 247.) 


562 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


See. 60. Right to enter premises.—Any member of the Board of Ap- 
peals and any officer of the building department may, so far as may be 
necessary for the performance of his duties, enter any building or premises 
in the City of St. Louis. (Jb., sec. 20; corresponds M. C., sec. 249.) 


Sec. 61. Definitions of terms used.—In this article the following 
terms shall have the meanings respectively here assigned to them: ‘Com. 
of Pub. Bldgs.” shall mean the Commissioner of Public Buildings of the 
Sity of St. Louis. “Repairs” shall mean the renewal or restoration to its 
original condition, of any part of a building which may have become wholly 
or partly unsound or dilapidated or unfit for the purpose for which it was 
created and which renewal may be necessary to maintain the integrity of 
the building. But the terms shall not be construed to permit the conyert- 
ing of a building, in whole or in part, into a new one, or the creating of 
new conditions, except in accordance with the provisions of this article. 
“Minor repairs” shall be taken to mean insignificant repairs not affecting 
the structural parts of the building, and costing less than one hundred 
dollars. “Alterations” shall be taken to mean a change in or addition to a 
building. “Minor alterations” shall be taken to mean slight alterations not 
affecting the structural parts, arrangement, or occupancy, of a building, and 
costing less than one hundred dollars. “Building” shall be taken to mean 
any structure built for the support, shelter or enclosure of persons, ani- 
mals or chattels; and when separated by division walls, without openings, 
then each portion of such building, so separated, shall be deemed a separate 
building. “Building of the first-class” shall be taken to mean a building of 
fireproof construction throughout, the structural parts of which are wholly 
of brick, stone, tile, concrete, iron or steel, or other equally substantial and 
incombustible materials. “Building of the second-class” shall be taken to 
mean a building of mill or slow combustion construction wherein all floors 
and roofs are constructed of heavy dressed timber, exposed beams, girders 
and planking and supported upon masonry walls, or on wooden or fire 
proofed_iron or steel columns. “Building of the third-class” shall be taken 
to mean any building not of the first or second-classes, the external and 
party or division walis of which are wholly of brick, stone, concrete, or 
other equally substantial and incombustible materials. “Building of the 
fourth-class” shall be taken to mean any building not of the first, second or 
third-classes. “Fireproof” shall be taken to mean not only non-inflammable, 
but fire-resisting and non-heat conducting. “Cellar” or “basement” shall be 
taken to mean the lower story of a building, when wholly or partly below 
ground. “Story” shall be taken to mean that portion of a building included 
between the surface of any floor and the surface of the next floor above it, 
or if there be no floor above it, then the space between such floor and the 
ceiling next above it. “Attic” shall be taken to mean any unfinished space 
immediately below the roof of a building, or an upper room having a height 
of less than eight feet. “Grade” shall be taken to mean the established side- 
walk level at the building line of any street, or if the building be not built 
on the building line of a street, then the exposed surface of the earth ad- 
joining any wall shall be taken to be the grade for that wall. “Building 
line” shall be taken to mean the established boundary line between private 
property and any public highway. “Height of a building” shall be taken to 
mean the vertical distance between the highest part of the roof and the 
highest point of the grade. “Foundation” shall be taken to mean that por- 
tion of a building below ground and in contact with the earth. “Party wall” 
shall be taken to mean a masonry wall used or built to be used for the com- 
mon separation or support of adjoining buildings of separate owners. ‘“Dji- 
vision wall” shall be taken to mean a masonry wall entirely dividing or sep- 
arating one building from another. “Partition wall” shall be taken to mean 


ART, iV.) BUILDING CODE. 563 


any interior wall of masonry. “External wall” shall be taken to mean every 
outer vertical enclosure of a building other than a party wall. “Curtain 
wall” shall be taken to mean an enclosing wall built and supported between 
columns or piers, and on girders or other supports, and sustaining no weight 
but its own. “Skeleton building” shall be taken to mean a building of the 
first-class, the walls, floors, and other parts of which are supported upon 
and carried by a metal framework. “Slow combustion construction” or “mill 
construction” shall be taken to mean buildings of the second-class as herein 
defined. “Dwelling” shall be taken to mean any building wherein the second 
story and all stories above it are occupied by a single family. “Lodging 
House” shall be taken to mean a building wherein persons are accommo- 
dated with sleeping apartments, and includes hotels, boarding houses and 
apartment houses where cooking is not done in the sever: al apartments and 
where there are more than five bedrooms for hire. “Tenement house” shall 
be taken to mean a building which, or any portion of which, is occupied by 
more than two families living independently of each other, and doing their 
cooking upon the premises, or by more than one family above the first story, 
so living and cooking. “Theater” shall be taken to mean a building, or por- 
tion of a building, wherein it is made a business to carry on the presentation 
of dramatic, operatic, or other performances, or shows, for the entertain- 
ment of spectators and having a permanent stage for such performances, 
whereon are employed scenery and other movable appliances. (Jb., sec. 21; 
corresponds M. C., sec. 94.) 


Sec. 62. First-class buildings.—A first-class building shall be con- 
‘structed wholly of non-inflammable materials, with walls, floors and roofs 
constructed of masonry or concrete; or of iron or steel frame work, filled 
between and around with masonry, concrete, terra cotta or other durable 
non-inflammable and fire-resisting materials. All columns, girders, beams, 
struts and all structural members shall be protected with fireproof ma- 
terials, so put on and held in place as to effectually protect such members 
from the effect of fire, corrosion or abrasion. All exterior columns and all 
girders or other framing, supporting more than one story of masonry, shall 
be protected by a thickness at any point of at least eight inches of fire-proof 
material. All structural members of buildings of this class which may be 
subjected to unusual responsibility shall be especially protected and _ fire- 
proofed in such a manner as to effectually protect such members and their 
loads from risk of accident by fire or otherwise. All columns other than 
those above mentioned shall be protected by fire-proofing not less than three 
inches in thickness at any point. Floor and roof beams and other framing 
shall be protected by fireproofing not less than two inches in thickness. In 
buildings of the first-class wood shall only be used for the wearing surface 
of floors, and the necessary sleepers for their attachment, for windows and 
door-frames, sashes, doors and finish around them, hand rails and treads for 
stairs, and wainscoting except where especially prohibited by this article. 
There shall be no woodwork of any kind built into masonry walls. Rough 
frames and nailing blocks of wood may be permissible to be built into non- 
bearing partitions of fireproof materials. There shall be no air spaces be- 
tween the top of any floor construction and the floor boarding, or below 
any wooden stair tread, or behind any woodwork, but all such spaces shall 
be solidly filled with tee te or plaster, or other fireproof materials. ins 
sec. 22; compare M. C., sec. 100.) 


Sec. 63. What buildings shall be first-class.—Every building here- 
after erected and to be used as a school building, hospital building, asylum 
or Sanitarium, having more than two stories above the basement; and every 


564 REVISED CODE OR GENERAL ORDINANCES. LOR ARS I; 


building hereafter erected to be used as a lodging house or tenement house 
or office building and having fifty or more rooms above the first story, or 
more than four stories in height above the basement; and every building 
hereafter erected to be used as a theater, seating one hundred or more per- 
sons, and having seats for spectators above the main floor thereof, shall be a 
building of the first-class. Every building hereafter converted or enlarged 
for use as a school, hospital, asylum, sanitarium, hotel, lodging house, tene- 
ment house, office building, or theater, shall comply with the provisions of 
this article, relating to such buildings. Every building hereafter erected, 
altered or enlarged to a height greater than ninety feet above grade, shall 
be a building of the first-class, and shall comply in its construction with all 
the Drow sions of this article relating to buildings of the first-class. (J0., 
sec. 23; compare M. C., sec. 101.) 


Sec. 64. Second-class buildings.—Second-class buildings shall have 
walls and partitions of masonry or concrete of the thickness required by sec- 
tion 86. Walls at every floor level shall have masonry corbels or offsets of 
not less than four inches upon which the floor planking shall rest. Iron or 
steel columns, girders, beams or other structural parts shall be fireproofed 
in the same manner as is required in section 63 for buildings of the first- 
class. There shall be no hollow wooden partition or any hollow or concealed 
Spaces in any wooden construction. But whenever wood shall be used, it 
shall be solid; and it shall not be permissible in any second-class building 
to so plaster or sheath, or cover in with any materials, as to leave any hollow 
space behind the same. All planking and all wooden columns, girders, and 
beams shall be dressed; and all exposed corners shall be chamfered or 
rounded. Wooden columns shall be bored the full length on their axes with 
one and one-half inch holes; and transversely at top and bottom with one- 
half inch holes; the least dimensions of wooden columns, beams or girders 
shall not be less than eight inches. All columns and girders shall rest upon 
iron plates of sufficient size and thickness to receive the loads from such col- 
umns and girders, and properly distribute the same to the supporting col- 
umns of masonry below, so as not to exceed the allowable strains for the 
various materials, as given in section one hundred and seventy-eight of this 
article. Floors and roofs shall be of dressed and tongued planking not less 
than two and five-eighths inches thick. This planking shall constitute the 
under floor, upon which shall be laid a top floor of tongued and grooved 
material and crossing the under floor at an angle of not less than forty-five 
degrees. There shall be laid between the under floor and top floor a firestop 
of approved fireproof materials, which shall not be inferior to a double 
thickness of two-ply asbestos paper, well turned around all walls and col- 
umns. There shall be provided approved water outlets for all floors, so dis- 
tributed as to provide one outlet for every two thousand square feet of floor 
area. These outlets shall be set two inches below the floor level and be ar- 
ranged to convey water to the outside of such building. Windows shall be 
provided with fire shutters or be otherwise made fire- ‘resisting as provided 
in section 141 of this article. Every building exceeding two stories in height 
and having an undivided floor area exceeding seven thousand five hundred 
square feet, and every building exceeding seventy- five feet in height, when not 
required by this ar ticle to be a building of the first- class, shall be a build- 
ing of the second-class. But nothing in “this section or in the preceding sec- 
tion shall be so construed as to prevent the erection of grain elevators as 
provided in section 67 of this article. (J/b., sec. 24.) 


Sec. 65. Third-class buildings.—Third-class buildings shall not have 
a height exceeding seventy-five feet; nor an undivided floor area exceeding 
seven thousand five hundred feet square, when more than two stories in 


ART. IV.] BUILDING CODE. 565 


height. The floors and roofs of such buildings may be of joist construction, 
and partitions may be of studs and plaster, or wood, except where required 
by this article to be of masonry or fireproof materials. The roofs of such 
buildings shall be covered with slate, tile, metal, gravel, or other equally 
non-inflammable materials. All buildings hereafter erected, enlarged or al- 
tered within the fire limits as described in section 66 of this article shall, 
when not buildings of the first or second class, be buildings of the third- 
class. But nothing in this section shall be construed to prevent the erection 
within the fire limits of such buildings as are provided for in sections 67 
and 68. (J/b., sec. 25; compare M. C., 206.) , 


Sec. 66. Fourth-class building's not permitved within the fire 
limits—fir o shall hereafter be 
built within the disthict known as the ae limits, Nas hereinafter defined, 
except such buildings as are provided for in sections 67 and 68 of this 
article. The fire limits shall consist of a district bounded by a line one 
hundred and fifty feet beyond the following described boundary: Beginning 
at a point on the Mississippi River where the north line of Adelaide avenue 
extended eastwardly meets said river, thence westwardly along said extended 
north line and said north line of Adelaide avenue to North Broadway, 
thence northwardly along the east line of North Broadway to Carrie avenue, 
thence westwardly along the north line of Carrie avenue to Newstead ave- 
nue, thence southwardly along the west line of Newstead avenue to Natural 
Bridge road, thence westwardly along the north line of Natural Bridge road 
to Kingshighway, thence southwardly along the west line of Kingshighway 
to Easton avenue, thence westwardly along the north line of Easton avenue 
to the city limits, thence southwardly with the city limits to a point where 
the north line of Forest Park extended westwardly intersects the city limits, 
thence eastwardly along said north line of Forest Park extended westwardly 
and said north line of said park to the west line of Kingshighway, thence 
south along the west line of Kingshighway to Arsenal street, thence east- 
wardly along the south line of Arsenal street to Morganford road, thence 
south along the south line of Arsenal street to Morganford road, thence 
south along the west line of Morganford road to Meramec street, thence 
east along the south line of Meramec street to Grand avenue, thence south 
along the west line of Grand avenue, and its extension to Loughborough ave 
nue, thence east along the north line of Loughborough avenue to Highth 
street, thence south along the east line of E ighth street to Marceau street, 
thence east along the north line of Marceau street to the Mississippi River, 
except that said fire limits shall not extend beyond those portions of Lough- 
borough avenue, Eighth street, and Marceau street, here named as bounding 
said district. (J/b., sec. 26; compare M. C., secg204.) 

{Above section amended after passage of Rev. Code by ord. 23186, approved Aug. 29, 1907. ] 


Charter Regulations as to frame or wooden buildings: Chart., Art. XI, sec. 4; 
and also Charter Art. III, sec. 26, clause 11. Where a city charter confers author- 
ity to prohibit wooden buildings within a certain district and an ordinance 
to that effect is passed, the city authorities may remove a building erected 
in violation thereof, without any judicial proceeding, this being a police power. 
But such agents must show that in tearing it down they use reasonable care to 
preserve the materials: Eichenlaub vs. St. Joseph, 113 Mo. 395. 


See. 67. Tron-clad building zases Where no permanent founda- 
tion for a substantial building exists, and an iron-clad building will not 
prove hazardous to surrounding property, a permit may be granted for the 
erection of such building within the fire limits, in accordance with the 
provisions of this section. No such building shall exceed seventy-five hun- 
dred square feet in area, nor exceed twenty-five feet in height, nor exceed 
one story in height. It shall not be permissible for any such building, 


566 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


when exceeding one thousand square feet in area, to have any wooden floor- 
ing, unless laid on sleepers imbedded in the earth or in concrete, so that 
there shall be no open space beneath such floor. Each piece of the wooden 
framework of such buildings when exceeding three hundred square feet in 
area, Shall be encased on all sides with sheet metal of a thickness not less 
than number twenty-four gauge; and the roofs and inclosed sides of such 
buildings shall be covered with corrugated sheet metal of a thickness not 
less than number twenty-four gauge, attached directly to the framework 
without the use of wooden sheathing of any kind. No such building shall 
be placed nearer to the line of any ground of any other owner than five 
feet; nor nearer to another building than ten feet, unless separated there- 
from by a brick wall of the standard thickness, as required by sections 86 
and 96 of this article. Nor shall these spaces ever be less than one foot for 
every eight thousand cubic feet of size of such building, between it and the 
line of an adjoining owner, nor less than one foot for every four thousand 
cubic feet of size of such building, between it and another building, unless 
separated therefrom by brick walls as aforesaid. (J/b., sec. 27; compare 
M. C., sec. 205.) 


Sec. 68. Frame buildings inside of the fire limits.—Frame build- 
ings inside of the fire limits, as established in section 66 of this article, 
shall have roofs of gravel, slate, tile, metal or other equally incombustible 
materials, and shall not be built nearer than three feet to the line of any 
eround of another owner, nor nearer than six feet to any other building, 
unless separated therefrom by a brick wall of the standard thickness re- 
quired in sections 86 and 96, nor nearer than ten feet to the line of any 
street, nor on the front half of any lot, and shall not exceed three hundred 
square feet in area, nor twelve feet in height, and no such building as is 
permissible in this and the preceding section shall be lathed or plastered 
or lined so as to constitute a habitation, or be used for a dwelling; pro- 
vided, that where a frame building may be so placed as to not be nearer 
than seventy-five feet to the line of any ground of another owner, nor 
nearer than seventy-five feet to any other building, nor nearer than seventy- 
five feet to the line of any street, it may then be permissible to build any 
such frame building within the fire limits as is permitted in section 69 of 
this article; and provided, further, that nothing in this section contained. 
shall be construed to apply to, or prevent, the erection of grain elevators 
as usually constructed, provided they are erected on or adjacent to the 
river front or railroad tracks, in isolated localities, and under such condi- 
tions as the Commissioner of Public Buildings may prescribe, including 
location, provided that nothing in this section shall prevent the construc- 
tion of lumber sheds in lumber yards to protect lumber and other material 
carried in stock. And, provided further, that it shall be permissible to 
erect open shelters within the fire limits, in accordance with the provisions 
of this section. Such open shelters shall not exceed twenty feet in height, 
and shall be roofed with gravel, slate, tile, metal or other equally incom- 
bustible materials, and shall be open for at least one-third of their height 
on all sides, unless closed with brick walls of the thickness prescribed in 
sections 86 and 96 of this article. No such open shelter or shed shall ex- 
ceed ten thousand square feet in area, nor shall any such shelter be built 
nearer than three feet to the line of any ground of another owner, nor 
nearer than three feet to another building, and this distance shall never be 
less than one foot for every four hundred square feet of area of such shed, 
unless separated from such other owner, or other building, by brick walls 
of the thickness provided in sections 86 and 96. (Jb., sec. 28.) 


ART. IV.] BUILDING CODE. 567 


See. 69. Fourth-class buildings where permissible.—No fourth- 
class building in the City of St. Louis shall exceed four hundred thousand cubic 
feet in size, nor forty feet in height; nor shall any fourth-class building be 
Sate nearer to the line of the ground of another than three feet, unless aly 

‘ated therefrom by a brick w all of the standard thickness required by sec 
Bins 86 and 96, and this distance shall never be less than one foot for every 
ten thousand cubic feet of size of such building. Nor shall any fourth-class 
building be built in any block nearer than seventy-five feet to the line of any 
street where there are fronting upon either side of such street along said 
block six or more buildings of the first, second or third-class, unless the writ- 
ten consent of a majority’of owners of property fronting upon both sides of 
said street along such block, be filed in the office of the Commissioner of 
Public Buildings. No fourth-class dwellings, tenements or stores shall be 
built in a continuous row, except there be brick division walls of the thick- 
ness required in sections 86 and 96, separating such buildings and extend- 
ing through the roofs as provided in section 102. (J0b., sec 29.) 


See. 70. Quality of materials.—All materials are to be of such 
quality for the purpose for which they are to be used as to insure, in the 
judgment of the Commissioner of Public Buildings, ample safety and secur- 
ity to life, limb and neighboring property. Building materials are to con- 
form to legal, trade, and manufacturers’ standards, and to be subject to the 
approval of the Commissioner of Public Buildings, who may require tests 
to be made by the architect, engineer, builder, or owner to determine the 
strength of the structural materials before or after they are incorporated 
in a building, and may require certified copies of results of tests made else- 
where from the architect, engineer, builder, owner, or other interested 
parties. (Jb., sec. 30; compare M. C., sec. 95.) 


Sec. 71. Heighth of buildings.—No building or other structure here- 
after erected, except it be an hotel or office building or a spire, tower or 
smoke stack, shall be of a height exceeding one hundred and fifty feet, and 
if such building front on a street sixty feet or less in width, then such 
building shall not exceed two and one-half times the width of such street; 
and no hotel or office building hereafter erected shall be of a height exceed- 
ing two hundred and six feet, measured from the sidewalk to the top of the 
roof covering. (Ord. 22133, amending ord. 22022, sec. 31.) 


See. 72. Protection against excavations.—Al] excavations shall be 
so protected by the person causing same to be made that the adjoining soil 
shall not cave in by reason of its own weight, or by reason of any load that 
may rest upon it. (Ord. 22133, sec. 32; M. C., sec. 106.) 


See note to next section. 


Sec. 73 Depths of excavations—duties of adjoining owners.— 
The legal depth for excavations to the bottom of footings shall be nine feet 
for dwellings, and fifteen feet for all other buildings—to be measured from 
the curb level on the part line. Whenever an excavation shall be carried to 
a greater depth than the legal depth above given, it shall be the duty of the 
person making or causing such excavation to be made to preserve any con- 
tiguous legal wall or walls from injury; and sustain, protect and underpin 
the same at his own cost and expense, so that said wall or walls shall be 
and remain practically as safe as before such excavation was commenced. 
He shall give timely written notice to adjoining property owners of his in- 
tention to do so, and adjoining property owners shall permit the occupancy 
of their ground ‘and any buildings, so that their walls may be underpinned 


568 REVISED CODE OR GENERAL ORDINANCES. (CAA ie 


and sustained. If such excavation shall not be carried to a depth greater 
than the legal depth above given, the owner or owners of such adjoining or 
contiguous wall or walls, shall preserve their walls from injury, and so 
sustain, protect and underpin the same at their own cost and expense, that 
the said wall or walls shall be and remain as safe as before such excava- 
tion was commenced, and said owner or owners of adjoining or contiguous 
wall or walls, shall be permitted to enter upon the premises where such 
excavation is being made for that purpose when necessary. (Jb., sec. 33; 
corresponds M. C©., sec. 106.) 


The city has no power’ to change the common law unless so authorized; 
the Charter does not authorize it to change the duties of adjoining owners at 
common law. At common law the right to lateral support extends only to the 
ground in its natural state, not when incumbered by improvements; it is the 
duty of one about to excavate on his lot to notify the adjacent owner of build- 
ings and to use reasonable care in excavating to prevent injury, but the cost of 
shoring and preventing injury to adjacent property falls on the owner of such 
buildings, and in so far as this ordinance departs from the common law and 
imposes other burdens on the excavator, it is void: Carpenter vs. Reliance 
Realty Co., 103 Mo. App. 480. The general duty is thus stated in Gerst vs. St. 
Louis, 185 Mo. 191, 209: “It is the duty of one making an excavation on his 
own land, deeper than the foundation of a building on an adjoining lot, and so 
near such building as to endanger it, to notify the adjoining owner and afford 
him a reasonable opportunity to protect his property, and a failure to discharge 
such duty is negligence for which an action may be maintained for the injury 
resulting, unless the adjoining owner had actual knowledge of such proposed 
excavation, and there is no good reason why this rule should not be applied 
to municipal corporations and their contractors as well as other persons.”’ 


Sec. 74. Ground test.—The Commissioner of Public Buildings may 
require any applicant for a permit to ascertain, by boring or other test, the 
nature of the ground upon which he proposes to build. The soil to be tested 
shall be bored to a depth of not less than ten feet below the bottom of the 
lowest footing, in as many places as may be necessary, to discover its com- 
position and condition. The Commissioner of Public Buildings may require 
tests to be made on the bottoms of excavations for footings and foundations, 
to determine the actual load necessary to produce settlement, and the 
amount of load imposed thereon shall be based upon data thus derived, but 
in no case shall the load exceed three tons per square foot. (J/b., sec. 34; 
compare M. C., sec. 108.) 


Sec. 75. Loads to be carried by the soil.—The load carried by 
the soil shall be the total dead load, and an average live load of not less 
than ten pounds per square foot of all the floor area of the building, when 
used as an office building, lodging or tenement house, and an average live 
load of not less than twenty pounds per square foot of all the floor area, 
where such building is used for mercantile purposes; and an average live 
load of not less than forty pounds per square foot of all the floor area, 
where such building is used as a warehouse. Good, solid, natural clay shall 
be deemed to safely sustain a load of three tons to the superficial foot. The 
area of footing courses shall be sufficient to meet this requirement. (JD., 
sec. 35; compare M. C., secs. 108, 109, 222.) 


See. 76. Piling.—When the nature of the ground requires that build- 
ings shall be supported on piles, the number, diameter, bearing and spacing 
of such piles shall be sufficient to support the superstructure imposed. All 
piles shall be capped with concrete having a firm bearing on the piles. Such 
concrete to be made as provided in section 82 of this article. All piles shall 
be driven and the tops cut off on a level to insure constant moisture in all 
parts of the piles. (JZb., sec. 36; corresponds M. C., sec. 114.) 


ART. IV.] BUILDING CODE. 569 


See. 77. Foundations.—Every building of the first, second and third- 
class, and every building of the fourth-class of more than one story in 
height, shall have foundations of stone, brick or concrete, which shall ex- 
tend not less than two feet six inches below the adjoining exposed surface 
of the earth, and shall have suitable footings and rest on solid ground, or 
on benched and leveled rock, or upon piles. Foundation walls of stone 
shall not be less than six inches thicker than the walls next above them, 
to a depth of ten feet below grade, and for every additional five feet in 
depth, or part thereof, they shall be increased six inches in thickness. No 
stone foundations supporting a three-story building shall be less than 
twenty-one inches in thickness. All stone walls twenty-four inches or less 
in thickness shall have at least one header extending through the wall in 
every three feet in height from the bottom of the wall, and in every four 
feet in length, and if over twenty-four inches in thickness shall have one 
header for every six superficial feet on both sides of the wall, and running 
into the wall at least two feet. All headers shall be at least eighteen inches 
in width and consist of good flat stone. No stone shall be laid in such walls 
in any other position than on its natural bed. Foundation walls of brick 
or concrete shall not be less than four inches thicker than the walls next 
above them, to a depth of eight feet below grade, and for every additional 
five feet in depth, or part thereof, they shall be increased four inches in 
thickness. (J/b., sec. 37; compare M. C., secs. 115, 116, 117, 118.) 


Sec. 78. Ground dampness.—In all cases where the nature of the soil 
is damp or contains water, suitable provisions shall be made to carry off 
all such dampness or moisture, by means of drain tiles, laid outside of the 
walls, or inside of the walls, or both outside and inside, such drain tiles to 
be connected with a catch basin or other suitable device, and thence dis- 
charged into the house drain. (J/0b., sec. 38; corresponds M. C., sec. 110.) 


See. 79. Retaining walls.—Retaining walls shall not be less than 
thirty inches thick at the bottom for a height of twelve feet, and for every 
additional five feet or fraction thereof in height at least six inches shall be 
added to the thickness of the wall at the bottom. Such walls may be bat- 
tered to eighteen inches at the top. All retaining walls shall be laid up in 
first-class hydraulic cement mortar, to be made as provided in section 83 of 
this article, and shall be well grouted in against the earth bank, or pointed 
on the outside at least four feet down from the top of the wall. (Jb., sec. 
39; corresponds M. C., sec. 113.) 


Sec. 80. Footings.—Footings shall be of stone or concrete, or both, or 
stepped-up brick work, of sufficient thickness and area to safely bear the 
weight to be imposed thereon. If footings be of concrete, the concrete shall 
not be less than eight inches thick under walls, and not less than twelve 
inches thick under piers, columns and posts; if of stone, the stone shall not 
be less than six inches in thickness under walls, and at least twelve inches 
wider than the bottom width of said walls; if under piers, columns or posts, 
such footings shall not be less than eight inches in thickness and at least 
twelve inches wider on all sides than the bottom width of said piers, col- 
umns or posts. All footing stones shall be well bedded and laid crosswise, 
edge to edge. If stepped-up footings of brick are used in place of stone 
above the concrete, the steps or offsets, if laid in single courses, shall not 
exceed one and one-half inches, or if laid in double courses, then each shall 
not exceed three inches, starting with the brick work, covering the entire 
width of the concrete, so as to properly distribute the load imposed thereon. 
If steel or iron rails or beams are used as parts of foundations, they must 


570 REVISED CODE OR GENERAL ORDINANCES. OE So ie 


be thoroughly imbedded in concrete well rammed to fill all cavities. The 
beams or rails must be entirely enveloped in concrete and the exposed ex- 
ternal surfaces of such concrete shall be coated with cement mortar. (Jb., 
sec. 40; corresponds M. C., sec. 119.) 


Sec. 81. Materials for walls.—The walls of every building other than 
buildings of the fourth-class (see sections 61, 67, 68 and 69) shall be con- 
structed of stone, brick, iron or other hard, incombustible materials, and 
the several component parts of such buildings shall be as hereinafter pro- 
vided. (J/b., sec. 41; compare M. C., sec. 96.) 


Sec. 82. Conerete.—In all buildings of the first, second and third class 
hereafter erected, where concrete is used for walls or foundations, the con- 
crete shall be composed of Portland cement, clean, sharp river sand, and 
limestone, or other equally good stone macadam. The stone shall be crushed 
or broken into small pieces, the largest of which shall pass freely through 
a ring two inches in diameter. The proportions of cement, sand and ma- 
cadam shall be as follows: One part cement to not more than three parts 
of sand, and not more than five parts of macadam, mixed in such manner 
that the materials shall be a uniform mass. All concrete shall be used at 
once, and before it has become set or hard. (Jb., sec. 42; corresponds M. C., 
sec. 120.) 


Sec. 83. Quality of mortars.—In all buildings of the first and second 
class hereafter erected, the mortar used in the foundations and walls be- 
low the level of the first floor, shall not be inferior to a mortar composed 
of one part Portland cement and three parts of clean sand, thoroughly 
mixed dry so as to be of one uniform color, and to have the proper amount 
of water added to make a smooth working mortar and used while fresh. 
From the first floor level to the top of the building, for all buildings of the 
first and second-class, the mortar used shall not be inferior to a mortar 
composed of one part natural cement to three parts of sand, mixed and used 
as described above, or a mortar composed of equal parts of Portland cement 
mortar, as first above described, and lime mortar, thoroughly mixed and 
used while fresh. In buildings of the third-class hereafter erected more 
than three stories in height above the basement, the mortar shall not be 
inferior to that herein required for buildings of the first and second-class. 
In buildings of the third-class hereafter erected more than three stories in 
height above the basement, the mortar shall not be inferior to that herein 
required for buildings of the first and second-class. In buildings of the 
third-class hereafter erected three stories or less in height above the base- 
ment, and in foundations for buidlings of the fourth-class, the mortar used 
shall not be inferior to a mortar made from fresh burned lime, well slaked 
and mixed with clean, sharp sand. All mortars shall be made with such 
materials and such proportions of sand as will secure thorough adhesion to 
the materials with which they are to be used; and it shall be unlawful to 
use mortars not so made, or to use mortars inferior to those herein de- 
scribed. (Jb., sec. 43; compare M. C., sec. 97.) 


Sec. 84. Quality of brick work and bond.—The bricks used in all 
buildings of the first and second-class shall not be inferior to the grade 
known as “strictly hard and red” bricks. The bricks used in all buildings 
of the third-class, exceeding three stories in height, shall not be inferior to 
“ordinary hard and red” bricks. The bricks used in all other buildings 
shall not be inferior to “merchantable” bricks. The bricks used in the 
foundations of all buildings shall not be inferior to “straight hard” bricks. 
All walls of brick shall be thoroughly bonded and tied and solidly built; 


ART. IV.] BUILDING CODE. 571 


all joints not covered in shall be struck. Every sixth course, at least, of a 
brick wall shall be a heading or bonding course, except where walls are 
faced with face brick, in which case every sixth course shall be bonded with 
bond brick, Flemish headers, or with a metal bond satisfactory to the Com- 
missioner of Public Buildings. (J/b., sec. 44; corresponds M. C., sec. 98.) 


See. 85. Wetting brick’s.—Bricks when laid in warm weather shall 
be wetted, when laid in cold weather shall be thoroughly dry and protected 
from the elements. (J/b., sec. 45; corresponds M. C., sec. 99.) 


Sec. 86. Thickness of brick walls.—The minimum allowable thick- 
ness for brick external and division bearing walls for buildings of the first, 
second and third classes, except for dwellings, lodging houses and tenement 
houses (see section 103) shall be, for the two top stories, thirteen inches; 
for the next two stories below, eighteen inches; and for each succeeding two 
stories of increased height, the walls shall be four inches thicker than the 
two stories next above them. Party walls and division walls of any length 
in building for mercantile or manufacturing purposes shall be four inches 
thicker in all stories than the thickness given above. Walls exceeding one 
hundred and ten feet in length, for buildings more than one story in height, 
shall be made four inches thicker than the minimum thickness first given 
above, unless there be intersecting walls of equal height, or solid buttresses 
extending to the top of the wall, and having a projection beyond such wall 
of not less than nine inches, with a sectional area of not less than three 
hundred square inches, for each eighteen lineal feet of such wall. (Jb., 
sec. 46; compare M. C., secs. 121, 122, 128.) 


See. 87. Walls of buildings supporting trusses.— The walls of 
churches, theaters, foundries, machine shops, armories, markets, assembly 
rooms, halls, and buildings of like character shall not be less in thickness 
than the thickness prescribed in preceding section, with such piers or but- 
tresses in addition as may be necessary to make such building safe and 
substantial within the terms and provisions of this article. (J/b., sec. 47; 
corresponds M. C., sec. 123.) 


See. 88. Increased thickness of bearing walls with openings. 
If any horizontal section through any part of any bearing wall in any 
building other than a skeleton building, shows more than fifty per centum 
area of flues or openings, the said wall shall be increased four inches in 
thickness for every ten per centum or fraction thereof of flue or opening 
area in excess of fifty per centum. In any wall the same amount of ma- 
terials may be used in piers or buttresses having the same sectional area as 
would be required for a solid wall. (Jb., sec. 48; corresponds M. C., secs. 
130, 126.) 


Sec. 89. Recesses and chases.—Recesses for stairways and elevators 
may be left in the foundation or cellar walls of any building, but in no case 
shall the walls be of less thickness than the walls of the third story, unless 
reinforced by additional piers or iron columns and girders, securely an- 
chored to the walls on each side. No chase for water or other pipes shall 
be made in any pier, and in no wall more than one-half of its thickness. No 
horizontal chase or slot shall be permissible in any wall, except the wall be 
reinforced in such a manner as to fully compensate for any reduction of its 
strength by reason of such chase or slot. Recesses for alcoves and similar 
purposes shall not be deeper than half the thickness of the wall, and in no 
case shall there be less than nine inches of brick work at the back of such 


572 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. 


recesses, provided that such recesses shall not be more than eight feet wide, 
and shall be arched over and not carried up higher than a point eighteen 
inches below the bottom of the beams of the floor next above. The aggre- 
gate area of recesses in any wall shall not exceed one-fourth of the whole 
area of the face of the wall on any story, nor shall any such recess be made 
within a distance of six feet from any other one in the same wall. (Jb., 
sec. 49; corresponds M. C., sec. 144.) 


See. 90. Walls with air spaces and hollow bricks.— Brick walls 
with an air space may be erected under this article, but the amount of ma- 
terial in said wall shall be the same as required for a standard wall of the 
same height built solid, and no such walls shall be built unless the parts 
of the same are connected by proper ties of brick or iron placed not over 
twenty-four inches apart, horizontally and vertically, throughout the entire 
surface of the wall. The inside four inches of standard walls may be built 
of hard burned hollow clay or porous terra cotta bricks of the dimensions 
of ordinary bricks, properly tied and bonded. (J/b., sec. 50; corresponds 
M. C., sec. 143.) : 


Sec. 91. Restrictions on use of timber in walls.—No wooden 
blocks or timbers shall be built into any masonry walls of any buildings of 
the second and third-class, except finish blocks and lintels, but no wood 
lintels shall exceed seven feet in length. It shall be unlawful to build into 
any wall any continuous horizontal timber or to erect, construct, alter or 
build any wall upon wooden girders, rafters or lintels, or to support any 
such wall by any wooden support whatever; but all such supports shall be 
of iron, brick or stone, and of sufficient size and strength to support the 
superstructure. (Ordinance 22209, amending 22022, sec. 51; compare 
M. C., sec. 136.) 


The amendment merely corrected a clerical error by omission of the word 
DOUORE a xehiteye” Ghilge. Sars bldg: 


Sec. 92. Non-bearing walls may be of reduced thickness.—Non 
bearing walls may be four ‘inches less in thickness than the minimum thick- 
ness provided in section 86, provided,. however, that no wall be less than 
thirteen inches thick, except as hereinafter specified. (/b., sec. 525; corre- 
sponds M. C., see. 131.) 


Sec. 93. Thickness of curtain walls may be reduced.—Curtain 
walls may be less in thickness than the minimum thickness (see section 86 
of this article) for walls of buildings of the first, second and third class, 
but no curtain walls shall be less than thirteen inches thick. (J/b., sec. 53; 
compare M. C., sec. 1382.) 


Sec. 94. Brick or stone piers, bond and cap plates.—Kvery 
pier built of brick or stone having an area of less than nine square feet at 
the base, and supporting any truss, beam or girder, arch column or lintel 
spanning an opening over ten feet, or supporting a wall, shall be capped 
with an iron plate of sufficient strength and size to safely distribute the 
Joad on such pier. Brick piers shall be built of hard well-burnt brick. Brick 
or stone piers shall be laid in cement mortar, as provided in scetion 83 
hereof. Isolated brick or stone piers shall not exceed in height eight times 
their least dimension. (J/b., sec. 54; corresponds M. C., sec. 138.) 


_ 


ART. IV.] BUILDING CODE. 573 


See. 95. Heights of stories.—The maximum height of stories for 
brick walls of the thickness given in section 86 shall not exceed for the first 
story, eighteen feet; for the second story, fifteen feet; for the top story, 
fifteen feet; for intermediate stories, fourteen feet; where story heights ex- 
ceed the heights above given, the walls so increased in height shall be four 
inches thicker than the minimum thickness given in section 86 for every 
ten feet of increased height or part thereof. (Jb., see. 55; compare M. ¢ 
sec. 127.) 


Sec. 96. Brick walls for one-story building ick walls for one 
story buildings may be built nine inches in Te where such walls do 
not exceed fifteen feet in height, nor fifty feet in length, but no wall sup- 
porting girders shall be less than thirteen inches thick. 


Sec. 97. Stone ashlar, terra cotta and metal facings.—Any brick 
wall may be faced with stone ashlar—which ashlar shall not be less than 
four inches in thickness and the combined thickness of brick work and 
ashlar shall be at least four inches greater than the standard thickness of 
walls. (See section 86 of this article.) Stone ashlar shall be substantially 
anchored to the brick backing at least every two feet in height and four feet 
in length. Terra cotta facings on brick walls or piers may be used, without 
any increased thickness of walls, provided all such facings be backed up 
solid with brick or concrete, the brick or concrete to fill all the hollow 
spaces in the terra cotta in such a manner that the same shall be thoroughly» 
incorporated with the wall. Where metal facings are used on brick walls 
no extra thickness of brick work shall be required. (/b., sec. 57; corre- 
sponds M. C., sec. 133.) 


See. 98. Existing party walls may be used.—Walls heretofore 
built for or used as party walls, whose thickness at the time of their erec- 
tion was in accordance with the requirements of the then existing ordinance 
but which may not be in accordance with the requirements of this article, 
may be used if in good condition, for the ordinary uses of party walls, pro- 
vided the height of the same be not increased. (/b., sec. 58; corresponds M. 
C., sec. 134.) 


Sec. 99. Height may be increa: 
the height of existing walls, which walls are less in thickness than the 
standar d required under this article (see sec. 86), the same shall be done 
by a lining of brick work to form a combined thickness with the old wall of 
not less than four inches more than the thickness required for a standard 
wall corresponding with the total height of the wall when so increased in 
height. The said lining shall be supported on proper foundations. However, 
no lining shall be less than nine inches in thickness, and all linings shall be 
laid up in cement mortar and thoroughly anchored to the old brick walls 
with suitable wrought iron anchors plac ed two feet apart and properly im- 
bedded into the old walls in rows alternating vertically and horizontally 
with each other. The old walls must first be cleaned of plaster or other 
coatings. In place of a brick lining as above, a skeleton steel or iron frame 
may be erected against said old wall and be properly anchored to same. 
The strength of said steel or iron frame and its foundations shall be the 
Same as called for in buildings of skeleton steel construction for walls of 
Similar height, and such steel or iron frame shall be fire proofed as provided 
in this article. Where the brick walls of dwellings, erected before the 
passage of this article, are found, upon inspection by the Commissioner of 
Public Buildings, to be sound and in good condition, and to be capable of 
Sustaining safely an additional story, he may, at his discretion, issue a 


574 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


permit for the erection of such additional story of brick work, even though 
the walls of the existing building be of less thickness than that required by 
this article. (Jb., sec. 59; compare M. C., sec. 135.) 


See. 100. Walls not to be carried up in advance of others. 
No wall or walls of any building, other than a skeleton building, shall be 
carried up in advance of any other wall of said building, except in the 
following manner: In all cases where one or more walls are carried up in 
advance of other walls of the same building, suitable provisions shall be 
made to properly bond together and anchor such walls every four feet in 
their height by wrought iron tie anchors, not less than one and one-half 
inches by three-eighths of an inch in size, and four feet long. All piers 
shall be anchored to beams or girders on the level of each tier. (JD., sec. 
60; corresponds M. C., sec. 139.) 


Sec. 101. Walls and beams to be braced.—The walls and beams 
of every building, during the erection or alteration thereof, shall be strongly 
braced from the beams of every story, and when necessary shall also be 
braced from the outside, until the building is inclosed. The roof tier of 
beams shall be safely anchored to the beams of the story below until the 
building is inclosed. (Jb., sec. 61; corresponds M. C., sec. 140.) 


Sec. 102. Parapet fire walls and copings.—In mercantile or manu- 
facturing buildings, all division or party walls shall be carried thirty inches 
above the roof covering as a fire wall and shall be not less than thirteen 
inches thick above roofs and shall be coped and covered with stone, well- 
burnt terra cotta or cast iron; division and party walls for all other build- 
ings excepting residences, shall be carried up to a height of not less than 
eighteen inches above the roof covering at any point, and for residences 
not less than twelve inches at any point, and shall be coped as required 
above. (Lb., sec. 62; compare M. C., sec. 141.) 


Sec. 103. Brick walls for dwellings, lodging and tenement 
houses.—The minimum thickness of brick external and division bearing walls, 
for dwellings, lodging houses and tenement houses, shall be for the three top 
stories, thirteen inches; for the next two stories below, eighteen inches; and 
for each succeeding two stories of increased height the walls shall be four 
inches thicker than the two stories next above them. Walls exceeding 
eighty feet in length for such buildings shall be made of the thickness given 
in section 86. (Jb., sec. 63.) 


Sec. 104. Slated walls and gables.—In dwellings, lodging houses 
and tenement houses, when required or permitted by this article to be 
buildings of the third-class, and a portion of a story is omitted, or roofed 
at a lower level than another part, and where there are no masonry walls 
at or below the line of such division, then it may be permissible to enclose 
such parts with wooden studs or sheathing, covered on the outside with 
slate or other durable fire-resisting material; and it shall be permissible 
to cover the sides of dormers, gables and bay windows of such buildings 
with like materials. But no such construction shall have an exposed surface 
exceeding two hundred and fifty square feet, nor shall it be permitted nearer 
than three feet to the line of any adjoining owner. (J/b., sec. 64.) 


See. 105. Fireproof walls for light and vent shafts.—In every 
building four stories or more in height hereafter erected all the walls or 


mies LV.) BUILDING CODE. 579d 


partitions forming interior light or vent shafts shall be built of brick or 
other approved fireproof materials. (Jb., sec. 65; corresponds M. C., sec. 
146.) 


See. 106. Height of hollow tile partition walls.—Four-inch and 
six-inch hollow tile partition walls of hard-burnt clay, porous terra cotta 
or other suitable fireproofing, may be built not exceeding in their vertical 
portion a measurement of fifteen feet and twenty feet, respectively, and in 
their horizontal measurement a length not exceeding seventy-five feet, un- 
less strengthened by a steel frame, cross walls, piers, columns, or buttresses. 
All such walls are to be carried on proper foundations or on iron girders 
or columns. In no case, however, are such partition walls to be used as 
bearing walls or to support any load except their own weight. (Jb., sec. 66; 
corresponds M. C., sec. 147.) 


Sec. 107. Partition walls.—Every building not of the first-class here- 
after erected, to be used as an office building or a tenement or lodging 
house, and having a height of three or more stories, shall be divided by 
brick partition walls of the standard thickness provided in section 103 of 
this article, so placed that no division of such building above the first story 
shall exceed an area of two thousand five hundred square feet. All such 
division walls shall, where possible, start from the foundations; and all 
partitions in the basement and first story of such buildings, if occupied 
for business purposes, shall be of brick or concrete, and shall extend to the 
top of the floor joists of the floor above such partition, effectually closing 
all spaces between the ceiling and floor with fireproof materials. Every 
building hereafter altered or converted to be used as an office building, or 
a tenement or lodging house, shall comply with all the requirements of this 
section. (/b., sec. 67; compare M. C., sec. 125.) 


Sec. 108. Partition and wall furring.—No partitions of wooden 
studs or scantlings, or wooden wall furrings, shall be employed in the base- 
ment or cellar of any building hereafter erected or altered to be used as 
lodging or tenement house or office building or mercantile or manufacturing 
building, of four or more stories in height; nor shall any wooden or stud 
partition be used for the support of floors in any such building hereafter 
erected, altered or converted to the uses aforesaid. Nor shall any wooden 
partitions, or partition of wooden studs be hereafter permitted to be erected 
between stores, or places of business, or tenements to be occupied by sep- 
arate tenants, but such partitions shall be of approved fireproof materials. 
(Ib., sec. 68.) 


Sec. 109. Fire stops.—Every stud partition in every building of three 
or more stories in height, hereafter erected or altered, to be used as an 
office building, or a tenement or lodging house, shall have a solid continuous 
shoe and cap not less than two inches thick, the full width of such parti- 
tion, effectually closing all spaces between the studs of such partition and 
the spaces between the floor joists below or above such partition; where 
stud partitions in such buildings extend down to a partition cap, or a 
girder or plate below the floor, then the space between the studs shall be 
filled solid to two inches above the floor with approved fireproof materials, 
so as to effectually stop the passage of fire from the spaces between the 
studs to the spaces between the joists. Where brick walls of such buildings 
are furred with wooden furring, the brick work between the joists in each 
tier of floor beams shall project the full thickness of such furring. All 
slots or chases in the walls of such buildings or spaces between studs shall 


576 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


be solidly stopped with fireproof materials at every floor. Where pipes or 
ducts or wires pass through the fire stops herein required, they shall be 
surrounded at such places by mortar or metal or other approved fireproof 
materials, in such a manner as to effectually stop the passage of fire. (J/D., 
sec. 69; compare M. C., sec. 145.) 


See. 110. Wall to be plastered back of wainscoting.—W hen wood 
wainscoting is used in any building such as is mentioned in the preceding 
section, the surface of the wall or partition behind such wainscoting shall 
be plastered down to the floor line, unless said wainscoting is placed against 
a brick, stone or tile wall or partition. (/b., sec. 70; compare M. C., sec. 
150.) | 


Sec. 111. How cellar or basement ceiling to be plastered.— 
The ceilings over every cellar or basement of all dwelling, lodging or tene- 
ment houses, shall be plastered; when more than three stories in height, 
they shall be lathed with wire or metal lath and plastered thereon with two 
coats of brown mortar of good materials. (Ord. 22272, amend. 22022, 
sec. 71.) 


[Sec. llla. Ceilings, partitions, ete.; how plastered.* | 


*This section is one enacted after the submission of the ‘‘Revised Code” ordi- 
nance to the assembly and before its passage, hence could not be inserted therein, 
and referred in its title to the Municipal Code instead of Revised Code. If in 
time it would have appeared in the Revised Code as section llla, hence is in- 
serted at this place, in the note below; the ordinance, omitting caption, is as 
follows: 


- (22748) 


Section One. Ordinance Number Twenty-two Thousand and Twenty-two, en- 
titled [here follows title, etce.] is hereby amended by inserting a new section to be 
known as Section Seventy-one A, as follows: 


Section Seventy-one A. All ceilings and stud partitions of all dwellings, lodg- 
ings and tenement houses, and furred walls of the same, when plastered with 
lime mortar on wood lath, must have not less than one-half inch key, leaving 
space between ends of lath. 


For three-coat or scratch-coat work to have at least seven-eighths inch 
grounds or jambs, mortar to be mixed as follows: 


First of scratch coat to be mixed or tempered one part of thoroughly slaked 
lime to two and one-half parts of sand and one-half part of hair to be applied 
with sufficient pressure to insure a good rivet or clinch on upper side of lath, 
to be scratched thoroughly to make key to retain second coat. First coat to be 
thoroughly dry before applying; second coat or brown mortar, for three coat or 
scratch work to be mixed with one part of slaked lime to four parts of sharp 
sand, with little hair. Lime mortar for brick or tile work to be mixed with one 
part lime to five sand. 


For two coats of laid off work. First coat to be mixed the same as in three 
coat work. Brown mortar or second coat to be mixed or tempered one part of 
lime to six parts of sand. Grounds should not be less than one-half inch. For 
white coating with lime mortar, lime should be well slaked and put through a 
fine screen or sieve. 


Mia LY, | BUILDING CODE. 577 


To mix thoroughly before applying use two parts of lime to one-half part of 
plaster of paris. 


For cornice work equal parts of lime and plaster of paris should be used. All 
lime should be slaked at least ten days before using. All plastering must be 
done straight and square to the floor line; also all plastering made flush and 
solid to all frames and to be straight and regular to all moldings and casings. 


When patent plasters are used, such as Acme, Climax; Royal, Laramie and 
other standard cement plaster: 


For three-coat work, lath to be spaced not less than three-eights inch Key, 
joints to be broken every fifth lath, leaving space between ends of lath. First 
coat: To each measure of fibered cement plaster add two measures of clean, sharp 
sand, mixed thoroughly and uniformly, and add sufficient water to temper to 
proper consistency. Mortar to be applied promptly with sufficient pressure to 
form a good rivet or clinch on upper side of lath. First coat to be thoroughly 
scratched to make a Key to retain second coat. 


Second coat to be applied when first coat is two-thirds dry, and to each 
measure of fibered cement plastered add two measures of clean, sharp sand, 
mixed thoroughly and uniformly, and add sufficient water to temper to a stiff 
mortar. Mortar to be applied promptly with sufficient pressure when half dry to 
apply finishing coat. Finish coat for smooth finish. 


Unfibered cement plaster with sufficient water to temper to a proper con- 
sistency trowelled down with the least water possible and brush*d with a 
perfectly dry brush. 


Second coat work. 


Grounds to be not less than one-half inch. Lath to be spaced not less than 
three-eights inch key. Joints to be broken every fifth lath, leaving space between 
ends of lath. 


First coat. 


To each measure of fibered cement plaster, add two measures of clean, sharp 
sand, mixed thoroughly and uniformly. Add sufficient water to temper to proper 
consistency. Mortar to be applied at once, with coat sufficient to make walls 
flush with grounds. Apply finishing coat when first coat is half dry. 


Approved February 5th, 1907. 


See. 112. Roofs.—Every building required by this article to be of the 
first, second or third class shall have a roof covering of metal, slate, tile, 
gravel, or other equally durable and incombustible material. All roofs 
other than flat roofs, on buildings over forty-five feet high, and which are 
used for mercantile or manufacturing purposes, shall be wholly of fireproof 
materials, supported on iron or steel rafters and supports. (Ord. 22022, 
sec. 72; compare M. C., sec. 154.) 


Sec. 113. Roofs in contiguous buildings.—In all cases where two 
or more buildings are built adjoining, and separated by means of a division 
wall or walls, the roof sheathing, cornices or ridge mouldings shall not 
extend over or cover any portion of such division wall or walls unless such 
roofs are constructed wholly of fireproof materials as mentioned in the 
preceding section. (J/b., sec. 73; corresponds M. C., sec. 155.) 


Sec. 114. Mansard roofs.—Mansard roofs shall be considered as roofs 
having an angle with the horizon of not less than fifty-five degrees, nor 
more than eighty degrees, and no such roof shall be permissible, when 


578 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1 


parallel with and nearer than three feet to the property line of another 
owner, unless such roof be made wholly of fireproof materials. (/b., sec. 74.) 


See. 115. Repairs and renewals of roofs.—The roofs of all build- 
ings, erected from and after the passage of this ordinance, within the fire 
limits, as described in section 66 of this article, shall be covered with such 
materials as are mentioned in section 112, and when such roofs are renewed, 
it shall be done with such materials as will conform to the requirements 
of this section. (J/b., sec. 75, amended by ord. 22143.) 


Sec. 116. Metallic leaders from roofs.—tThe roofs of all buildings 
shall be provided with proper metallic leaders for conducting the water 
away from the roofs in such a manner as shall protect the walls and 
foundations of such buildings, or of adjacent buildings, from injury. In no 
case shall water from such leaders be allowed to flow upon adjoining walls 
or premises or upon the sidewalk, but shall be conducted by proper pipes to 
the sewer. If there be no sewer available, then the water from such leaders 
shall be contucted by pipes below the surface of the sidewalk to the street 
gutter. (Ord. 29022, sec. 76; see M. C. 178.) 


Sec. 117. Cornices.—In all cases where a wall is finished with stone 
or terra cotta cornice, sixty-five per centum of the weight of the material 
for such cornice shall be on the inside of the outer face of the wall, or shall 
be securely anchored, so that the cornice shall be firmly balanced upon the 
wall. Cornices of all buildings over forty-five feet in height, excepting 
residences, shall be constructed of non-combustible materi al, and shall be 
well secured to the walls with anchors of metal brackets. The lookouts to 
which such cornice is secured must in all cases be of metal. In all cases 
the walls shall be carried up to the sheathing of the roof, and where the 
cornice- projects over the roof the walls shall. be carried up to the top of 
the cornice. All exterior wodden cornices, except for residences and build- 
ings under forty-five feet in height that shall hereafter require to be re- 
paired or replaced, shall be constructed of some non-combustible material, 
as required for new buildings; and all exterior wooden cornices or gutters, 
except residences and buildings under forty-five feet in height, that may 
hereafter be damaged by fire or otherwise, shall be taken down, and if re- 
-placed shall be constructed of non-combustible material. (Jb., sec. 77; cor- 
responds M. C., sec. 152.) 


Sec. 118. Baleonies.—Balconies may project over the street lines of 
buildings only when such balconies are constructed wholly of incombustible 
materials; but no part of such balconies shall project more than three feet 
beyond the street lines. No part of such balconies shall be nearer than 
fourteen feet from the sidewalk grade. (J/b., sec. 78; corresponds M. C., 
sec. 212.) 


See sec. 1243 prescribing penalty for projecting balconies, ete., and making 
same a misdemeanor, and sec. 1092 permitting balconies at theaters. 


Sec. 119. Projections over sidewalks on street or alley lines. 
The walls of all bay or oriel windows, except in dwellings, shall be con- 
structed entirely of incombustible materials. The limitations, dimensions 
and locations of bay and oriel windows projecting over the street or alley 
building line shall be as follows: No part of any bay or oriel window shall 
be at a less distance than fourteen feet from the sidewalk grade. No part 


ART. IV.] BUILDING CODE. 57Y 


of any such bay or oriel window shall project more than three feet over the 
street or alley building line. No part of such bay or oriel window shall 
have a greater frontage than fifteen feet. No bay or oriel window shall 
project over the building line of any street or alley where said street or 
alley is less than twenty feet wide. There shall not be more than one bay 
or oriel window for any twenty-five feet of frontage. Nothing herein con- 
tained shall, however, limit the number and size of bay or oriel windows 
which are built in such manner as not to project over the street or alley 
line. (J/b., sec. 79; corresponds M. C., sec. 211.) 


See. 120. Show windows.—No part of fixed or permanent store fronts, 
show windows or storm doors on the first story of any building intended 
for a protection, or to contain goods or wares for display or sale, shall be 
constructed so as to project beyond the building line of any street or alley. 
In case of alterations of store fronts or show windows necessitated by re- 
pairs or for the purpose of rearrangement, or in case of removal or resto- 
ration necessitated by fire or other damage, such alterations, renewals or 
restorations shall be so made as to comply in all respects with the provi- 
sions of this ordinance relating to the construction of new store fronts or 
show windows. (J/b., sec. 80; compare M. C., sec. 213.) 


See. 121. Signs.—Any signs now erected, or that may be hereafter 
erected, on the top of any building, or attached to the walls of any building, 
and that may become rotten or unsafe, shall be taken down and removed 
upon notice so to do from the Commissioner of Public Buildings. No sign 
exceeding twenty square feet in size shall hereafter be erected on any build- 
ing without a permit from the Commissioner of Public Buildings, as pro- 
vided in sections 42 and 54 of this article. No sign exceeding three and one- 
half feet in width, or ten feet in height, shall hereafter be attached to any 
building, unless such sign is constructed wholly of metal or other non- 
combustible material. When two or more signs are placed on any build- 
ing, one above another, the width or height of the signs shall be measured 
as if there were but one sign, and the spaces between the signs shall be in- 
cluded in the width of the signs, unless there be a clear space of at least 
six feet between the signs. No sign shall hereafter project more than 
eighteen inches over the building line of any street or alley, nor shall any 
projecting sign be placed nearer than eight feet to the ground or pavement 
of any street or alley; nor shall any sign be so placed as to obstruct any 
fire escape, or interfere with the operations of the fire department. Every 
sign hereafter erected upon any building shall be supported upon heavy 
iron braces bolted to the walls or roofs of the building in a firm and secure 
manner; and it shall be unlawful for any person, firm or corporation to 
erect or cause to be erected any sign in violation of this section. (Jb., sec. 
81; compare M. C., sec. 210.) 


But see R. C., sec. 1216, which seems to be not in harmony in respect to 
height in the clear. 


Sec. 122. Towers, dormers and spires on top of buildings. 
Towers, dormers and spires may be erected on the roofs of buildings, but 
shall not occupy more than one-quarter of the street frontage of any build- 
ing, and shall not in any case have a base area of more than sixteen hundred 
square feet. All such dormers, towers or spires shall be built of non-com- 
bustible materials. Towers, dormers or spires shall not be permitted on 
buildings of the second and third class where the extreme height of the top 


580 REVISED CODE OR GENERAL ORDINANCES. (CHAP 1. 


of the tower, dormer or spire shall exceed one hundred and fifty feet above 
the street grade. (J/b., sec. 82; corresponds M. C., sec. 104.) 


Sec. 123. Pent houses, how constructed.—Pent houses used as in- 
closures for tanks or elevators, and coverings for the machinery of elevators, 
and any other purpose whatever, hereafter erected on or above the roof of 
buildings, shall be built of fireproof materials or sheathed and covered on 
all sides with metal, including sides and edges of doors. Covers on top of 
water tanks placed on roofs may be made of wood, covered with sheet 
metal. Where party or division walls form one or more sides of pent houses, 
such walls shall be carried up as fire walls above the roof of the pent house. 
(/b., sec. 838; corresponds M. C., sec. 176.) 


Sec. 124. Water tanks on iron supports. cs erected 
over roofs of buildings shall be supported on brick or stone bearing walls 
or on metal beams or posts. (/b., sec. 84; corresponds M. C., sec. 177.) 


Sec. 125. Least thickness for 
beams used in any building other than a building of fie fourth: class, here- 
after erected, shall be of a less thickness than two inches, except in dwell- 
ing houses not exceeding fifteen feet wide, the Building Commissioner may 
require the beams to be spaced in a way to adequately insure the safety 
of the building. (/b., sec. 85; compare M. C., sec. 164.) 


Sec. 126. Joists to be covered during building. 
duty of the person or persons having charge of the construction of any 
building hereafter erected, to have joists or girders of each floor above the 
second floor covered with scaffold boards or other suitable material as the 
building progresses, so as to sufficiently protect the workmen, either from 
failing through such joists or girders, or to protect the workmen or others 
who may be under or below each floor from falling bricks, tools or other 
substances, whereby accidents happen, injuries occur, and life and limb 
are endangered. (/b., sec. 86; corresponds M. C., sec. 165.) 


Sec. 127. Wooden beams in party walls.— All wooden beams and 
other timber entering party or division walls of buildings shall be sep- 
arated from the beams or timbers entering in the opposite side of the wall 
by at least four inches of solid masonry. (J/b., sec. 87; compare M. 

166.) 


Sec. 128. Ends of beams to be bev 
floor and roof: beams, where they rest on brick walls, shall be cut to a 
bevel of one inch in five inches. (J/0b., sec. 88; corresponds M. C., sec. 168.) 


Sec. 129. Bridging.—All fioor joists shall be properly bridged with 
cross bridging; in no case shall the rows of bridging be more than eight 
feet apart. (/b., sec. 89; corresponds M. C., sec. 167.) 


See. 130. Anchoring walls to joists, girders or beams.—lIn all 
buildings of the first, second and third class, the floor, joists, girders, 
beams, and roof framing, whether of wood, iron or steel, shall be anchored 
to walls in a good and substantial manner, such anchors to be placed not 
more than eight feet apart, and to be built into the masonry walls. The 
form and construction of said anchors shall be optional with the owner or 


> Katrin 


ART. IV.] BUILDING CODE. 581 


owners of the building or buildings, but in no case shall they be so con- 
structed or placed as “to cause any strain on the masonry walls, in case 
of giving way of the floor or roof construction caused by fire or otherwise. 
The anchors must in all cases be self-releasing, and secured to the joists, 
girders, beams, etc., whether of wood, iron or steel, at or near the lower 
edge. The size of such anchors must in all cases be in proportion to the 
joist, girder or beam, but in no case of less strength than a bar of iron one 
and one-quarter inch by one-quarter inch. Where joists, girders, beams, 
etc., abut or lap over a girder, they shall be secured to each other by nail- 
ing, or by means of strap anchors made of iron or steel nét Jess than one 
and one-quarter inch by one-quarter inch, and securely nailed to joists, 
girders or beams when of wood; and bolted or riveted when made of iron 
or steel. In all cases the system of wall anchors and anchors where joists, 
girders or beams abut or join shall be so arranged as to secure a continuous 
tie from wall to wall. Where joists, girders or beams are parallel with 
the walls, suitable anchorage to walls shall be provided for, but m no 
ease shall such anchorage be nearer than four feet to the center of such 
joist, girder or beam. (J/b., sec. 90; compare M. C., sec. 173.) 


Sec. 131. Beams and woodwork near flues.—All wooden beams 
shall be trimmed away from all flues, whether the same be for smoke, air, 
or any other use. The trimmer beams to be at least nine inches from the 
inside face of the flue in a straight line, but in no case shall wooden beams 
be built into any chimney breast, and the header beams shall be at least 
two inches from the outside face of the chimney breast. No wooden furring 
or wooden lathing shall be placed against or across any chimney breast. 
(1b., sec. 91; compare M. C., secs. 169, 190.) 


Sec. 132. Trimmer and header beams.—The trimmer and header 
beams shall be at least double the thickness of the floor or roof beams, or 
shall be made of two beams forming such thickness, properly spiked or 
bolted. When the header is more than fifteen feet in length (or where the 
header is framed to the trimmer beams more than five feet from the bear- 
ing end thereof) wrought iron flitch plates of proper thickness and depth 
shall be placed between the wooden beams, and all suitably bolted together 
through the iron plates; or steel beams of sufficient strength may be used 
in place of flitch plate beams. Every beam, except header and tail beams, 
shall rest not less than four inches on the wall, or upon a girder. (J0., 
sec. 92; compare M. C., sec. 170.) 


See. 1383. Stirrup irons.— Every wooden header more than eight feet 
long used in any building shall be hung in stirrup irons of suitable 
strength for the size of the timber. (Jb., sec. 93; compare M. C., sec. 171.) 


Sec. 134. Cutting beams for pipes.—No gas, water, or other pipes. 
which may be introduced into any building shall be let into the beams un- 
less the same be placed within thirty-six inches of a wall or supporting 
partition; in no case shall the said pipes be let into the beams more than 
two inches in depth. (J/b., sec. 94; corresponds M. C., sec. 172.) 


See. 135. Stairways in mercantile and manufacturing build- 
ings.—Every building two stories or more in height occupied for mercantile or 
manufacturing purposes shall be provided with at least one stairway, not 
less than three feet in width and extending from the ground floor to the 
top of the building, in buildings in which fifty or more persons are em- 


582 REVISED CODE OR GENERAL ORDINANCES. [CHAP a1; 


iad 


ployed above the second story at least two stairways shall be provided, 
said stairways to be inclosed in partitions plastered on metal lath, or a 
single stairway may be provided, said stairway to be inclesed in a fireproof 
shaft. The openings into the shaft to be equipped with standard fire doors 
as provided in this article. In buildings in which more than one hundred 
persons are employed above the first story, the stairway or stairways shall 
be of sufficient width, but in no case less than three feet wide, and said 
stairways shall be inclosed in brick or concrete shafts, all openings into 
said shafts being provided with standard fire doors, as provided in this 
article. Every building exceeding three stories in height, hereafter used 
for mercantile or manufacturing purposes, and occupied by more than two 
tenants above the first story, shall have all stairways inclosed with walls or 
partitions of approved fireproof materials. [Every basement room used as 
a salesroom, or as a work room, in which twenty or more persons shall be 
employed, shall have stairs leading directly to the outside of the building, 
and such stairs shall be so located, and be of such width as shall afford a 
safe and adequate means of exit from such basement. Any building here- 
after converted to uses bringing it within the provisions of this section as 
to stairways shall be altered so as to comply with this section, as provided 
for new buildings. And it shall be unlawful in any such building to ob- 
struct the stairs, passages, or landings with materials of any kind or to 
place any inflammable or combustible materials in the stair halls, passages 
or shafts. (Jb., sec. 95; compare M. C., sec. 148.) 


Sec. 186. Stairways for hospitals, asylums, schools, halls and 
assembly rooms.— Stairways for hospitals, asylums, schools, public halls, 
and places of assembly, hereafter erected or altered, shall not be less than 
three feet eight inches wide, and shall have no winding steps. They shall 
have treads not less than ten inches wide, and shall not have risers of more 
than eight inches in height. Every building, such as is mentioned in this 
section, hereafter erected or altered, shall have at least two stairways lead- 
ing from the ground to the top story, and shall further have such a number 
of stairways that the entrance to no room or apartment in such building 
shall be more than one hundred feet from a stairway. (Jb., sec. 96; com- 
pare M. C., sec. 149.) 


Sec. 187. Stairways in hotels, lodging and tenement houses— 
scuttles, bulkheads and ladders.—Every hotel, public boarding or lodg- 
ing house and every office building, hereafter erected, having more than 
ten rooms above the first story, or having more than five rooms above the 
second story, when not a building of the first-class, shall have at least two 
stairways leading from the ground to the upper story, and every such stair- 
way shall have the soffit plastered or covered with approved non-inflamma- 
ble materials. And such buildings shall further have such a number of 
stairways and so located that the entrance to every room in such building 
shall not be more than one hundred feet from a stairway. When such 
building shall have more than ten rooms above the second story, then all 
stair partitions shall be of approved fireproof materials, and the stair 
soffits shall be covered with metallic lathing and plastered, or covered with 
other approved fireproof materials. Every building not of the first-class 
used as a lodging or tenement house or dwelling where the lower story is 
occupied as a store or stores, or for any business, other than the office of 
such hotel or lodging house, shall have the stairways leading to the base- 
ment and to the second story inclosed with approved fireproof partitions, 
and the stair soffits covered with metallic lathing and plastered, or cover- 
ing with other approved fireproof materials. Every hotel, public boarding 


ART. IV.] BUILDING CODE. 583 


or lodging house, and every office building, when not a building of the 
first-class, shall have metal covered scuttles or bulkheads leading to the roof, 
with ladders or stairs leading thereto, and accessible to all tenants, and in 
readiness for use at all times. The scuttle or bulkhead door shall not be 


locked, but may be fastened with hooks on the inside. (J/b., secs. 97, 174.) 


Sec. 138. Fire escapes.—lIt shall be the duty of the owner, proprietor, 
lessee or keeper of every hotel, boarding and lodging house, tenement 
house, school house, opera house, theater, music hall, factory, office build- 
ing and every building where people congregate, or which is used as a 
business place, or for public or private assemblage, which has a height of 
three or more stories, to provide said structure with stair fire escapes, at- 
tached to the exterior of the building and with staircases located in the 
interior of the building. The fire escapes shall commence at the sill of the 
second story window and run three feet above the upper window sill of the 
upper story, with an iron ladder from the upper story to the roof. The fire 
escape shall extend downward from said second story by means of a sta- 
tionary or drop stairway to within at least nine feet of the ground, pave- 
ment or sidewalk. School buildings, opera houses, theaters and church 
buildings, also hospitals, blind and lunatic asylums and seminaries shall 
each have a stair fire escape. All factories, stores and all places wherein 
twenty or more women or girls are employed or congregated above the sec- 
ond story thereof, shall have a stair fire escape with a drop stair to reach 
from the lower landing to the ground, of such construction as shall be re- 
quired by the Commissioner of Public Buildings. 

Ali fire escapes shall have proper and safe balconies for each story 
thereof surrounded on the sides with pipe railings not less than three feet 
in height, and inclosed below such railing with heavy wire netting or other 
substantial enclosure. Stairways shall not be steeper than an angle of 
fifty-five degrees, and shall be placed on a blank wall where practicable. 
Stairways and landings shall have railings as required for balconies. All 
fire escapes shall be so located as to afford the greatest security to the oc- 
cupants of the buildings and there shall be suitable openings in every story 
of such buildings so arranged as to offer free and unobstructed access to 
the fire escapes. The location of every fire escape shall be designated by a 
Sign with letters not less than three inches in length and located adjacent 
to such escapes on each floor of said building above the first. The location 
of fire escapes to be attached to any building shall be determined by the 
Commissioner of Public Buildings. And he shall have authority to sus- 
pend the requirements for fire escapes in the case of any public or private 
school, where, in his judgment, such outside fire escape would be a danger- 
ous exit for children. Provided, however, that all buildings of non-fireproof 
construction three or more stories in height used for manufacturing or 
mercantile purposes, hotels, dormitories, schools, seminaries, hospitals or 
asylums shall have not less than one fire escape for every fifty persons for 
whom working, sleeping or living accommodations are provided above the 
second story; and all public halls which provide seating room above the 
first story shall have such a number of fire escapes as shall not be less 
than one fire escape for every one hundred persons calculated on the seat- 
ing capacity of the hall, unless a different number is authorized in writing 
by the Commissioner of Public Buildings. 

Whenever a fire escape attached to any building shall be found to be 
in an unsafe condition it shall be the duty of the owner, lessee, proprietor 
or keeper of said building to forthwith rebuild or repair the same or replace 
the same in a safe condition, subject to the penalties of this article. (J/b., 
sec. 98; compare M. C., secs. 191, 192.) 


For fire-escape regulations see also Rev. Code, secs. 189-191. 


584 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


Sec. 139. Stand pipes.—Every building of more than four stories in 
height shall have in connection with every fire escape on such building, a 
wrought iron stand pipe three inches in diameter with a Siamese hose con- 
nection at bottom and a hose connection and valve at every story and at 
the roof; all the connections for hose shall be of the standard size and 
thread in use by the St. Louis Fire Department: Provided, however, that 
this section shall be held not to apply to theaters and other buildings in 
which stand pipes have been placed by directiou of the Commissioner of 
Public Buildings or his predecessors in office. (J/b., sec. 99.) 


See. 140. Duty of occupants of buildings to keep stair- 
ways and fire escapes free from obstructions — penalty 
for violation. — It shall be the duty of every manager or occu- 
pant or tenant or lessee of every building required by this or- 
dinance to have fire escapes or to have stairways as provided in sections 
135, 186, 187 and 188 of this article, to keep such stairways and fire escapes 
and the landings and passages thereto at all times free from obstructions 
of all kinds, and it shall be unlawful to place any obstruction on any such 
stairway or fire escape, or its landing and passages, or to place therein any 
inflammable material of any kind, or to cause or permit any such obstruc- 
tions or materials to be placed as aforesaid. Any person, firm or corpora- 
tion who shall violate any provision of this article shall be deemed guilty 
of a misdemeanor, and, upon conviction, shall, except in such cases where 
other penalties are provided, be fined not less than five dollars, nor more 
than five hundred dollars. (J/b., sec. 100.) 


Sec.141. Fire-proof doors and shutters.— Every building more than 
three stories in height, above the basement, occupied for manufacturing or 
mercantile purposes, shall have fire doors, blinds or shutters hung to iron 
hinge eyes or pin blocks built into the wall on every window and every open- 
ing above the first story thereof, excepting on openings of buildings front- 
ing on streets or vacant lots which are more than forty feet in width; said 
doors, blinds or shutters shall be standard; constructed of pine or other 
soft wood of two thicknesses of matched boards at right angles with each 
other and securely fastened and covered with tin or galvanized iron on both 
sides and edges, with folding lapped joints; the nails for fastening the same 
shall be driven inside the lap. The hinges and bolts or latches shall be 
secured or fastened to the door or shutter by bolting after the same has 
been covered, and such door or shutter shall be hung independent of the 
woodwork of the windows and doors and be of sufficient area to lap two 
inches all around such opening. Sliding shutters of the above construction 
may be used instead of hinged shutters, of such mechanism as may be ap- 
proved by the Commissioner of Public Buildings. They shall in any case 
comply with all requirements provided for standard hinged fire shutters. 
In lieu of standard fire doors and shutters wherever mentioned in this arti- 
cle, approved metal frames of adequate strength, with wire glass panels in 
same, may be used. It shall be the duty of the Commissioner of Public 
Buildings to require fire doors, blinds or shutters, as provided in this sec- 
tion, to be placed on the openings of buildings in cases where lots which 
were vacant when the buildings were constructed are built upon, so that 
said openings become within forty feet from any building. (Jb., see. 101; 
compare M. C., sec. 193.) 


[ Above sec. amended after passage of Rev. (. by ord. 23181, appr. Aug. 19, 1907. | 


See. 142. Shutters to be opened from outside.—All shutters above 
the first story of any building shall be so arranged that they can be readily 


re. 


ART. IV.] BUILDING CODE. 585 


opened from the outside by firemen. All rolling iron or steel shutters here- 
after placed on the first story of any building shall be Pee elastase fea so 
that said rolling shutters may be readily opened by the firemen. (Jb., 8 
102; corresponds M. C., sec. 194.) 


Sec. 148. Inside fire doors.—Where openings in interior brick walls 
are required to be fitted with fire doors to prevent the spread of fire between 
buildings, or parts of any buildings, the said fire doors shall be made of 
wood covered with tin or galvanized iron, as described for standard fire 
doors and shutters. (Section 141, this article.) (/b., sec. 103; corresponds 
M. C., sec. 196.) 


Sec. 144. Doors and shutters to ! scupants 
of all buildings provided with fire doors and shutters shall close the said 
fire doors and shutters at the close of business each day. (J/b., sec. 104; 
corresponds M. C., sec. 195.) 


. 


Sec. 145. Sewer connections.—In all buildings now erected, or here- 
after to be erected in the City of St. Louis, used or intended to be used for 
mercantile or manufacturing purposes, and located where a sewer connec- 
tion can be made, there shall be in the basement or cellar a sewer connec 
tion, which can be opened immediately for the purpose of drainage in case 
the building or any of the floors or basement or cellar thereof shall be 
flooded from any cause, and the location of such sewer connection shall be 
indicated by a permanent and conspicuous sign near the ceiling or on the 
wall near the same, and such sign shall never be hidden or obstructed, ae 


shall always be in plain, open view. (Jb., sec. 105; corresponds M. C., se 
£19.) 


See as to sewer connections Rev. C., secs. 898, 1798, 2314. 


Sec. 146. Fire places, chimneys and flues.—All fire places, flues and 
chimneys in any building hereafter built, and all chimneys or flues here- 
after altered or repaired, without reference to the purposes for which they 
may be used, whether for gas or other fuel, shall have the points struck 
smooth on the inside. The brick walls inclosing all chimney shafts used 
for furnaces, heating boilers, bakers’ ovens, large cooking ranges and heat- 
ing furnaces, and all flues used for similar purposes, shall be ‘at least nine 
inches in thickness; or there shall be a cast iron or fire clay pipe built in- 
side of the flue, in which case the brick work surrounding such pipes may 
be four inches in thickness. All chimneys containing ordinary flues shall 
be built to a height of at least four feet above the roof covering. All smoke 
flues of smelting furnaces, or of steam boilers or other apparatus, which 
heat the flues to a high temperature, shall be built with double walls, with 
an air space between them, the inside four inches to be of fire brick or fire 
clay slabs or blocks laid in fire clay mortar to a height of twenty-five feet 
from the bottom. Smoke stacks built entirely of steel, cast or wrought 
iron, may be erected for any of the above uses, provided they are effectually 
inclosed in masonry or fireproof shafts, in such a manner as to render the 
building safe against damage by fire. (/b., sec. 106; corresponds M. C., 
sec. 180.) 


See. 147. Chimneys and flues to be built how.—All chimneys 
and flues in buildings of the fourth-class, or detached from the brick walls 
of buildings of the second or third class, shall be built of brick with sur- 
rounding walls not less than nine inches thick, unless there be flue linings 
as before specified in section 146 in which case such chimneys and flues 
may be built with four-inch walls. (/b., sec. 107.) 


586 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


Sec. 148. Supports for chimneys—unsafe chimneys.—No chimney 
shall be supported or built upon any floor or beam of wood. In no case 
shall a chimney be corbeled out more than nine inches from the wall, and in 
all cases the corbeling shall consist of at least five courses of brick or stone 
corbeling of equal height. Where chimneys are supported by piers, the 
piers shall start from the foundation on the same line with the chimney 
breast, and shall not be less than thirteen inches on the face and properly 
bonded into the wall. No chimney shall be cut off below, in whole or in 
part, and supported by wood, but shall be wholly supported by stone, brick 
or iron. All chimneys which shall be dangerous, in any manner whatever, 
shall be repaired and made safe, or taken down. (Jb., sec. 108; corresponds 
M-C., sec. 181.) 


Sec. 149. Fire places, hearths.—All fire places, whether for gas or 
other fuel, shall have fire backs and jambs of brick work not less than nine 
inches in thickness, and shall have hearths not less than twenty inches wide 
from the face of the breast, and extending the full length of the chimney 
breast, laid upon trimmer arches of brick, stone, tile or concrete, turned in 
such a manner as to be self-supporting. The centering must be removed 
upon completion of the arch and before plastering, and no wooden center- 
ing or support shall be allowed to remain below and in contact with any 
trimmer arch or hearth. (JD., sec. 109.) 


Sec. 150. Installing of boilers, furnaces and ovens.—No steam 
boiler or heating boiler, or heating furnace, or smelting furnace or forge or 
baking oven or roasting oven or like apparatus, whereby the danger from 
fire is increased, shall hereafter be installed or erected or used in any build- 
ing; nor shall any such stove, range, oven or heating apparatus, as is men- 
tioned in section 151 of this article, be installed, or erected, or used, until a 
permit so to do from the Commissioner of Public Buildings has been issued 
and the fees required by section 54 have been paid. Provided that ordinary 
cooking and heating stoves in dwellings or other buildings wherein not more 
than fifty persons are lodged or assembled or employed, may be installed and 
used without such permission from the Commissioner of Public Buildings. 
All such apparatus shall be so installed as to conform to all the require- 
ments of this article, and it is hereby made the duty of the owner, manager, 
lessee, tenant, or agent of every building to comply with the requirements 
of this article in the erection and installation of such boilers, furnaces, 
ovens, ranges, and like apparatus. In all buildings, the floors under and 
around all boilers, hot water heaters, heating furnaces, ovens, coffee roast- 
ers, or other apparatus, in which fires are maintained, shall be non-combusti- 
ble or protected by a covering of brick or concrete not less than four inches 
in thickness, and extending not less than ten feet in front, and at least four 
feet on all other sides. On top of this fireproof covering shall be placed a 
ventilated hollow brick or tile foundation, upon which shall be set such low 
pressure boilers, hot water heaters, heating furnace, oven, coffee roaster or 
other structures in which fires are maintained. The space between the sides 
of any low pressure boiler, hot water heater, heating furnace, oven, stove 
or other apparatus in which fires are maintained, and any woodwork or 
wooden construction shall not be less than five feet, unless all such wood- 
work be protected by metal shields, or other fireproof materials; and then 
such space shall not be less than eighteen inches, and no woodwork shall be 
within eight feet of any furnace door of such apparatus unless similarly 
protected. The space between any such apparatus and any wooden ceiling 
or wooden ceiling beam shall not be less than five feet, unless such wood- 
work be protected by metal shields or other fireproof materials extending 


ART. IV.] BUILDING CODE. 587 


at least eighteen inches in all directions beyond the sides of such apparatus ; 
and if the. space between such ceiling and such apparatus be less than two 
feet, then such shield or protection shall be double and be separated by 
metal furrings with an air space of at least two inches between such cover- 
ings, but in no case shall it be permissible for any such apparatus to be 
nearer to any wooden ceiling or wooden ceiling beam than one foot. No 
steam boiler, or heating boiler, or heating furnace, or forge, or apparatus, 
whereby the danger from fire is increased, shall her after be used in any 
building until the same has been examined and approved by the Commis- 
sioner of Public Buildings, who shall then issue a permit for the use of such 
apparatus, and his certificate that it conforms to the requirements of this 
article, upon the payment of the fees required in sections 54 and 55 of this 
article. (J/b., sec. 110; compare M. C., sec. 187.) 


Sec. 151. Stoves, ranges and as ‘ranges 
are set upon combustible floors, except in dwelling houses as mentioned in 
section 152, they shall be so set as to leave an air space of not less than four 
inches between them and the floor, and the floor shall be protected by sheet 
metal extending three feet in front and one foot on all other sides. The 
space between the sides of any such stoves or ranges and any woodwork 
or wooden construction shall not be less than four feet unless all such wood- 
work be protected by metal shields or other fireproof material; and then 
such space shall not be less than eighteen inches. Metal or non-combustible 
ash boxes, raised off the floor, must be provided where ashes are kept in a 
building. No stove, range, oven or heating apparatus shall be used in any 
hotel, theater, hospital, school, hall or other building in which more than 
fifty persons are lodged or assembled or employed until the same shall be 
examined and approved by the Commissioner of Public Buildings, who shall 
then issue a permit for the use of such stove, oven or heating apparatus and 
his certificate that it conforms to the requirements of this article, upon the 
payment of the fee required in section 54 of this article. (Jb., sec. 111; 
compare M. C., sec. 189.) 


Sec. 152. Setting of stoves and ranges.—Every stove or range or 
other apparatus in which fires are maintained, excepting such as are pro- 
vided for in sections 150 and 151 of this article, when set upon combustible 
floors, shall have the floors under them protected with sheet metal extending 
two feet in front of and one foot on all other sides of same. The space be- 
tween the sides of any such stoves or ranges and any woodwork or wooden 
construction shall not be less than three feet, unless all such woodwork be 
protected by metal shields or other fireproof materials; and then such space 
shall not be less than eighteen inches. It shall be the duty of every owner 
of every such stove or range, as is mentioned in this section, to cause the 
same to conform in every particular with the requirements of this section. 
(Ib., sec. 112.) 


Sec. 153. Smoke pipes, hot air pipes and registers and 
steam pipes.—No smoke pipe shall extend through any external wall un- 
less connected with a flue, chimney, or stack, built as required by this article. 
No smoke pipe shall pass through any window, door, floor, roof or partition 
constructed of combustible materials, unless there be a space of at least 
eighteen inches between such smoke pipe and such combustible material ; 
or such smoke pipe may be surrounded by a double metal thimble of suf- 
ficient length to extend completely through such window, door, floor, roof 
or partition and having a ventilated air space of not less than four inches 
around the pipe, but such air space shall not be less than one-third the 


588 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1, 


diameter of the pipe. No smoke pipe shall be placed nearer than eighteen 
inches to any combustible material, unless such combustible material be 
protected by a coating of plaster on metal lath, or by a metal shield two 
inches distant from such combustible material, in which case the smoke 
pipe shall not be placed nearer than nine inches to such combustible ma- 
terial. No smoke pipe having a greater diameter than nine inches shall 
be placed nearer than twice its diameter to any combustible material, un- 
less such material be protected as aforesaid, and when so protected shall 
not be placed nearer thereto than three-fourths of its diameter, unless by 
written permission of the Commissioner of Public Buildings. All smoke 
pipes shall be put together with rivets, bolts or approved lock joints, and 
must be maintained in good order. All pipes for the distribution of hot 
air shall be of metal or non-combustible material, and when vertical pipes 
are inclosed in partitions or any covering of combustible materials, such 
pipes shall be double, with an air space of at least one-half inch between 
the inner and outer pipes and between the outer pipe and any woodwork 
or combustible material; or, if such pipes are single, then they shall be 
covered with asbestos paper of not less than two-ply in thickness, or with 
other approved material of equal non-conducting and non-combustible qual- 
ity, and be kept at least two inches away from all woodwork or combustible 
material unless such woodwork be tinned, and then they shall be kept not 
less than one inch away from such woodwork or combustible materials. 
Horizontal hot air pipes shall be kept at least six inches away from all 
woodwork or combustible material, unless the same be protected by metal 
shields or by plaster, and then they shall not be nearer than two inches to 
such woodwork or combustible materials, and where such horizontal pipes 
are concealed or surrounded by woodwork or other combustible material, in 
the same manner as is herein required for vertical pipes. All hot air regis- 
ters when placed in a floor next above a furnace or other heater shall be 
set in approved non-combustible borders not less than two inches in width, 
and shall have an air space of at least two inches on all sides and bottom 
of register box. All register boxes shall have a separation from all wood- 
work or combustible material, equal to that herein required for concealed 
hot air pipes. No wooden lathing shall be placed in front of or over any 
hot air pipe. No steam pipe or steam return pipe or hot water pipe shall 
be placed nearer than one inch to any woodwork or combustible material, 
unless the same be protected by metal shields, and then they shall not be 
placed nearer thereto than one-half inch. (/0b., see. 113; compare M. C., sec. 
188.) 


See. 154. Penalty.—It shall be the duty of the owner or user of every 
apparatus of the kinds described in sections 150, 151, 152 and 153 of this 
article, to cause the same and its appurtenances to be kept in a condition 
to comply with all.of the provisions of this article relating thereto. Every 
person who shall maintain, or use, or cause to be maintained or used, any 
such apparatus as is described in sections 150, 151, 152 and 153, in viola- 
tion of this article, or who shall maintain or use any such apparatus in a 
condition to endanger life or property, shall, upon conviction, be deemed 
guilty of a misdemeanor and fined not less than five dollars nor more than 
five hundred dollars for each offense. (Jb., sec. 114.) 


Sec. 155. Boiler rooms, coal or fuel rooms.— All high pressure 
steam boilers, hereafter to be placed in any building (except when in sep- 
arate brick boiler house), shall be placed in a fireproof room, the walls of 
which shall be constructed of brick, stone or concrete, of not less than thir- 
teen inches in thickness, and all openings into such fireproof room shall be 


ART. IV.] BUILDING CODE. 589 


provided with standard fire-proof doors. The ceiling or floor over all such 
boiler rooms and the ceiling or fioor over all such coal or fuel rooms in such 
buildings, shall be constructed of concrete or masonry, supported upon iron 
or steel beams or masonry arches. Every boiler room when below ground, 
or when under any sidewalk, shall have stationary iron ladders or stairs 
leading directly to a man-hole or other opening to the outside, or other 
adequate means of exit, which shall be approved by the Commissioner of 
Public Buildings. (Jb., sec. 115; compare M. C., sec. 183.) 


Sec. 156. Boiler houses.—All buildings hereafter to be erected for 
boiler houses, unless entirely of fireproof construction, shall have walls of 
either brick or stone of thickness as required by sections 86 and 96 of this 
article, and shall be so constructed that a clear space of at least eight feet 
shall exist between any part of the boiler and the roof, ceiling, or other 
woodwork. (/b., sec. 116; compare M. C., sec. 184.) 


Sec. 157. Cupola chimneys.—Cupola furnaces for foundries shall 
have chimneys extending at least ten feet above the highest point of any 
roof within a radius of forty feet of such cupofa, and shall be provided with 
an approved spark arrester. (Jb., sec. 17; compare M. C., sec. 186.) 


Sec. 158. Height of smoke stacks and chimneys.—The tops of 
all smoke stacks and chimneys, hereafter erected, shall be carried above 
the roofs of surrounding buildings so as to protect them from smoke, gases 
and fumes; and they shall have approved spark arresters when necessary 
to prevent the escape of sparks. The heights of such smoke stacks and 
chimneys shall not be less than here given, to-wit: Smoke stacks and chim- 
neys having a sectional area of one hundred square inches or less shall ex- 
tend at least four feet above the top of every building within twenty feet 
thereof; smoke stacks and chimneys having a sectional area of more than 
one hundred square inches and less than three hundred and eighty square 
inches, shall extend at least eight feet above the top of every building within 
one hundred feet thereof; smoke stacks and chimneys having a sectional area 
of more than three hundred and eighty square inches, shall extend at least 
twelve feet above the top of every building within two hundred feet thereof. 
(fb., sec. 118; compare M. C., 185.) 


See. 159. Building Commissioner may enter premises and 
raise smoke stacks and chimneys.—The Commissioner of Public¢ 
Buildings is herehy authorized to enter upon any premises whereon any 
smoke stack or chimney, erected prior to the passage of this ordinance, shall 
be maintained of a less height than provided in the preceding section, and 
raise such smoke stack or chimney to a height to conform to the require- 
ments of section 158. It shall be the duty of every owner or occupant of 
every such premises to permit said Commissioner to enter upon such prem- 
ises for the purposes aforesaid. (/b., sec. 119.) 


Sec. 160. Penalty.—Every person who shall maintain or use any 
smoke stack or chimney erected after the passage of this ordinance, in viola- 
tion of the provisions of section 158, or any person who shall refuse to ad- 
mit the Commissioner of Public Buildings or his agents to any premises 
for the purpose of raising any smoke stack or chimney maintained thereon, 
as provided in section 159 hereof, shall, upon conviction, be deemed guilty 
of a misdemeanor and be fined not less than five dollars nor more than five 
hundred dollars for each offense, and every day whereon such violation 
Shall exist or such admission be refused the Commissioner of Publie Build- 
ings, shall constitaite a separate offense. (J/b., sec. 120.) 


REVISED CODE OR GHNERAL ORDINANCES. [CHAE Le 


Sec. 161. Gas, when turned on, to be Kept burning.—No 
person shall in any building in this city turn on the gas, or cause or suffer 
the same to be turned on, or escape from the gas pipe in such building, un- 
less such gas be lighted at once, and kept burning until properly turned off. 
(/b., sec. 121; corresponds to M. C., sec. 63.) 


Sec. 162. Gas Fixtures.—All gas lights shall be placed at least three 
feet below any ceiling or exposed woodwork, unless the same be properly 
protected by a metal shield suspended at least one inch below ceiling or 
woodwork, in which cases the distance shall not be less than eighteen 
inches, and all gas fixtures or devices for the use of gas shall be so lo- 
cated and protected that the use thereof cannot ignite any combustible ma- 
terials. Every bed room in every lodging house, hereafter erected, in which 
there are gas fixtures or devices, or outlets for the attachment of such gas 
fixtures or devices, shall have ventilating openings at or near the ceiling, 
which opening shall have an unobstruc ted area of not less than one hun- 
dred square inches, and such greater area as shall be determined by the 
Commissioner of Public Buildings. These ventilating openings shall open 
into the public corridors of such house; and it shall be the duty of every 
keeper or proprietor of every public lodging house to see that the ventilating 
openings required by this section are kept open and unobstructed. All 
buildings hereafter altered, or converted to be used as lodging houses, shall 
be made to conform to the requirements of this section. It shall be the duty 
of the owner or keeper or proprietor of every lodging house now in the City 
of St. Louis to cause such lodging house to conform to the requirements of 
this section within six months after the passage of this ordinance. (JD., 
sec. 122; compare M. C., sec. 203.) 


Sec. 163. Gas pipes and fixtures to be Kept in order— 
upon whom duty rests.—lIt shall be the duty of the owner or lessee 
of every building wherein gas pipes are installed, to maintain such pipes 
in a state of good repair and keep them tight, and to immediately repair or 
make tight any defective or leaking gas pipes upon notice from the Com- 
missioner of Public Buildings. It shall be the duty of every occupant of a 
building who uses gas, whether he be owner, lessee or tenant, to maintain 
all gas fixtures, gas stoves, gas heaters or other devices for the use of gas, 
in a state of good repair and keep them tight; and to immediately repair or 
make tight any defective or leaking fixture or device upon notice from the 
Commissioner of Public B uildings. It shall be the duty of every company or 
person supplying gas to any building when notified by the Commissioner of 
Public Buildings of any leaking or defective gas pipe or gas fixture or device 
in any building, to immediately shut off the gas supply to such building, 
and not to turn on or supply gas again to such building until such defec- 
tive gas pipe or fixture shall have been repaired and made tight. (Jb., sec. 
123; compare M. C., 203.) 


Sec. 164. Hatchways or well holes to be barred or inclosed. 
—ITEvery hoistway, hatchway, stairway, or well hole in every building, shall 
hereafter be securely guarded by means of proper gates, railings or guards, 
or other inclosures, which may be approved by the Commissioner of Public 
Buildings. Such guards or railings shall. not be less than three feet in 
height nor more than one foot above the floor, and shall be so constructed 
as to effectually prevent persons from falling into such hoistways, hatch- 
ways, Stairways, or well holes. The owners, lessees, or occupants of any 
building in the City of St. Louis, in which hatchways or well holes exist, 

or shall hereafter be constructed, shall cause the sanfe to be effectually 


7M SAN a Bey BUILDING CODE. 591 


barred or inclosed, as provided in sections 167, 168, 169 and 170 of this 
article, for the prevention of accidents therefrom. (Jb., sec. 124; see M. C., 
secs. 42, 197.) 

See. 165. Same—notice.— It shall be the duty of the Commissioner 
of Public Buildings to notify such persons mentioned in the preceding sec- 
tion who have hatchways or well holes in their buildings, to have the same 
properly guarded or inclosed. (Jb., sec. 125; compare M. C., secs. 43, 198.) 


Sec. 166. Same — penalty. If any person mentioned in section 
164 shall fail, neglect or refuse to comply with notice aforesaid for the 
period of thirty days after same is given, as provided in section 165, he 
shall be guilty of a misdemeanor, and upon conviction shall be fined not 
less than fifty dollars, nor more than five hundred dollars for each offense. 
(1b., sec. 165; compare M. C., sec. 44.) 


See. 167. Hateh doors for elevators or hoistways.—In every 
building hereafter erected or altered to be used for manufacturing or mer- 
cantile purposes, in which there shall be hoistways, or elevators, or well 
holes, not inclosed in walls constructed of brick or other fireproof material 
and provided with fire doors, the openings thereof through and upon each 
floor of said buildings shall be provided with approved automatically closing 
metal clad hatch doors for every such hoistway, elevator, or well hole. 
Outside windows or openings into every elevator shaft or hoistway shall 
have such sign or device to indicate the existence of said shaft or hoistway 
as shall be approved by the Commissioner of Public Buildings. (Jb., sec. 
127; compare M. C., secs. 198, 199.) 


Sec. 168. Ineclosure of elevators in mercantile or manufac- 
turing buildings.—Elevator shafts in all mercantile and manufacturing 
buildings, exceeding three stories in height, hereafter built or altered, to 
be occupied by more than two tenants above the first story, shall be in- 
closed with walls or partitions of approved fireproof material, and have 
automatically closing metal clad doors at ali openings thereto. (J/b., sec. 
i25> compare M.C., sec. 199.) 


Sec. 169. Elevators in connection with stairways.—In all 
buildings hereafter erected or altered, wherever elevators are placed in the 
well holes of or adjacent to stairways, such elevators and stairways shall 
be inclosed with partitions of approved fireproof materials. (/b., sec. 129; 
compare M. C., sec. 200.) 


See. 170. Grating and floor under machinery and top of ele- 
vator shafts.—There shall be placed below the machinery and sheaves at 
the top of every elevator shaft, hereafter constructed or altered, a substan- 
tial grating or screen of iron, so constructed as to prevent persons or ob- 
jects from falling into such shafts, and sufficiently open to permit flames 
and smoke to pass through to the skylight’ or windows provided in section 
172. If such shaft be floored over with a solid flooring, such flooring shal] 
not cover more than one-half of the area of such shaft, and at least one-half 
of the area of such shaft shall be covered with an approved open grating. 
(Ib., sec. 1380; compare M. C., sec. 201. 


Sec. 171. Dumb waiters. — Dumb waiter shafts, except in dwell. 
ings, shall be constructed of approved non-combustible materials, and there 
shall be approved metal clad doors at all openings thereto. (Jb., sec. 131; 
compare M. C., sec. 202.) 


592 REVISED CODE OR GENERAL ORDINANCES. [CHAP 1. 


=~ 


Sec. 172. Skylights over elevators, ete.—In all buildings here- 
after erected or altered, the roof immediately over every hoistway, elevator, 
open shaft or well hole, shall be provided with a skylight containing not 
less than twenty-five square feet of glass; said glass shall be set in metal 
sashes or frames, in lights of not less than two hundred square inches each, 
and shall not exceed one-eighth inch in thickness. There shall be suspended 
immediately below this glass a strong wire netting. Provided, that if in 
the sides of an elevator pent house, or at the top of any such shaft or well 
hole, there be windows having thirty-five square feet of glass of the thick- 
ness herein specified for skylights, then the Commissioner of Public Build- 
ings may, at his discretion, permit the skylights above described to be 
omitted. (Jb., sec. 182; compare M. C., sec. 175.) 


See. 173. Strength of floors and roofs—definition of live 
and dead loads, — The minimum live loads which the floors of buildings 
shall be capable of supporting, when uniformly loaded over their entire 
surface, shall be: For stores, factories, commercial buildings and ware 
houses, one hundred and fifty pounds per square foot; for office buildings, 
on all floors above the first, seventy pounds per square foot; for office 
buildings on the first floor, one hundred and fifty pounds per square foot, 
for places of public assembly, including schools, one hundred pounds per 
square foot; for dwellings, lodging and tenement houses, sixty pounds per 
square foot. For all flat roofs, forty pounds per square foot. When the 
purpose for which any building shall be used subjects its floors to greater 
loads than those given above, then such building shall be so constructed as 
to safely support such loads, with the factor of safetv prescribed in this 
article for the materials of its construction. Live loads are here taken to 
mean loads that are movable and transient, and that are not a part of the 
building, as distinguished from dead loads, which are here taken to mean 
the fixed and component parts of the building. (J/b., sec. 183; compare M. 
C., sec. 158.) 


Sec. 174. Load on floors to be safely distributed. — The 
weights placed on any floor in any building shall be safely distributed 
thereon. The Commissioner of Public Buildings may require the owner or 
occupant of any building, or portion thereof, to redistribute the load on 
any floor or to lighten such load where he may deem the same to be neces- 
sary for the protection of life and property. No person shall place, or 
cause or permit to be placed, on any floor of any building any greater load 
than the safe load thereof, to be estimated and ascertained as provided in 
section 175 of this article. (/b., sec. 134; compare M. C., sec. 159.) 


Sec. 175. Strength of floors to be computed—Commissioner 
may enter premises and revise computation. — In all manufactur- 
ing or commercial buildings, where heavy materials are kept or stored or 
where heavy machinery is operated, it shall be the duty of the owner or 
occupant of such building within ninety days of the passage of this ordi- 
nance to have the strength of the floors of such building, and their sup- 
ports, computed by some competent person to be employed by the owner or 
occupant, to estimate the weights which may be safely sustained per square 
foot of floor in such building, and to reduce such estimate to writing, stat- 
ing the materials, sizes, distance apart and span of beams and girders, 
posts or columns supporting each floor in such building, and the correct- 
ness of such estimate shall be sworn to by the person making the same, and 
it shall thereupon be filed in the office of the Commissioner of Public Build- 
ings. But if the Commissioner of Public Buildings shall have cause to 


ART. IV.] BUILDING CODR. 593 


doubt the correctness of said estimates he is empowered to revise and cor- 
rect the same, and for the purpose of such revision the officers and employes 
of said building department may enter any building and clear so much of 
any floor or portion thereof as may be required to make necessary meas- 
urements and examinations. (Jb., sec. 185; compare M. C., secs. 160, 161.) 


Sec. 176. Approval—notice to be posted on each floor,— 
When the correct estimate of the weight that the floor in any manufacturing 
or commercial building will safely sustain has been ascertained, as provided 
in section 175 of this article, the Commissioner of Public Buildings shall 
approve the same, and thereupon the owner or occupant of said building, 
or any portion thereof, shall post a copy of such approved estimate in a 
conspicuous place on each story of the building to which it relates. Before 
any building shall, after ninety days from the passage of this ordinance, be 
used and occupied, in whole or in part, for any of the purposes aforesaid, 
the weight that each floor will safely sustain upon each superficial foot 
thereof shall be ascertained and posted as hereinbefore specified. (J/0., sec. 
136; compare M. C., sec. 163.) 


Sec. 177. Columns. — All columns in building required by this 
article to be buildings of the first-class, or columns supporting brick walls 
in buildings more than four stories in height, shall be of iron or steel and 
made fireproof by a covering of not less than three inches in thickness of 
approved fire-resisting materials. No column of cast iron shall have a less 
thickness of shell than three-quarters of an inch nor have a length exceed- 
ing twenty-five times its least diameter. No column of wrought iron or 
steel shall have a less thickness of metal than one-quarter inch. No column 
of wood shall have a greater length than forty times its least diameter; nor 
shall any column of wood be permissible in the cellar or basement of any 
lodging house, tenement house, or office building of more than three stories 
in height; nor shall any column of wood in any building of more than three 
stories in height, stand upon any bolster or girder of wood, but all such 
columns shall stand upon metal caps or plates of sufficient size to receive 
the columns and their loads. (J/b., sce. 157.) 


Sec. 178. Loads on columns.—Every column shall have a calcu- 
lated capacity to support in addition to the dead loads imposed thereon, 
the live loads for which dependent floors are calculated (see section 173), 
in not less than the following proportions: For the floor immediately 
above every column, its full live load; for the floor second above, ninety-five 
per cent of its live load; for the floor third above, ninety per cent of its live 
load; for the floor fourth above, eighty-five per cent of its live load; and for 
each succeeding floor above, a proportion diminished by not more than five 
per cent, but in no case shall the live load of a floor be taken at less than 
forty per cent of its calculated amount; and the required supporting ca- 
pacities so determined shall be the minimum permissible for the factors of 
safety and allowable stresses given in section 181. (Jb., sec. 138; compare 
M. C., sec. 225.) 


Sec. 179. Loads on girders.—FEvery girder shall have a calculated 
capacity to support, in addition to the dead loads imposed thereon with 
the factors of safety given in section 181. (Jb., sec. 139; compare M. C., 
226.) 


594 REVISED CODE OR GENERAL ORDINANCES. [CHAPS 


Sec. 180. Loads on beams.—Every beam shall have a calculated 
capacity to support the full dead and live loads imposed thereon, with the 
factors of safety given in section 181. (Jb., sec. 140; compare M. C., sec. 
227.) 


Sec. 181. Factors of safety and allowable unit stresses.— 
The factors of safety for materials of construction shall not be less than 
the following: For materials subject to transverse or tensile strains: The 
unit stresses allowed shall not exceed the following proportions of the ulti- 
mate breaking strength, to-wit: 


For steelior wrought irony wes a Os io ee ee One-fourth 
FOr: WOO Soke os. 2 SAO A aloe ee sche cate Rca OT Loot ste eat a ee a One-sixth 
FOr Cast rom eS ilul ah BAe aa ets ee eee eee ee One-eighth 


For materials subject to compression, the strains shall not exceed: 

For brick work (a), three hundred pounds per square inch. 

For brick work (b), two hundred and ten pounds per square inch. 

For brick work (c), one hundred and twenty pounds per square inch. 
(a) Strictly hard bricks laid in Portland cement -mortar. 

(b) Ordinary hard and red bricks laid in natural cement mortar. 
(c) Merchantable bricks laid in lime mortar. 


For concrete, as described in section 82, two hundred and fifty pounds 
per square inch. 


For wooden posts with square ends, the compression in pounds per 
square inch shall not exceed the amounts given in the following table, for 
the respective ratios of length to the least diameter: 


Pounds per 


Unsupported Length Square Inch, 
Divided by the Oak or 

Least Diameter. White Pine. Yellow Pine. 
VOT 5: séduioegae se teas: Ree ane LUk Ceirgk cae een ee me 700 pounds. 800 pounds. 
Fifteen 6.5652 sain a hae tha ti a ee 615 pounds. 710 pounds. 
T went ys. psc d cn het, ties Wey cer ens cena i eres euleeraete den UT) LL) emt Oa Leas 
Twenty -f1VeGr ec in tol, Pet eee ae ec 445 pounds. 530 pounds. 
TRIPE a's oe ee eae en ee eee eee eee 360 pounds. 440 pounds. 
TRIPE yA Veo ui ge db alee oka sa a a 275 pounds. 350 pounds. 
HOrtynd ie SBR A ee er 190 pounds. 260 pounds. 


For cast iron, round or rectangular columns, with square ends, the 
compression in pounds per square inch shall not exceed the amounts given 
in the following table for the respective ratios of length to the least diam- 
eter: 


Unsupported Length 


Divided by the Pounds per 
Least Diameter. Square Inch. 
TOT ss hj ahicee tees ae eR. AeA ail a ee a Ce at la 8,900 pounds. 
Fifteen: .\ spe piscie eked atlocers tf Gong wey ane getty Oe oe ery ee ee 7,800 pounds. 
Twenty. 5) sispa ibe) Pe eet iy mae. cosas ads ee le ee ee 6,700 pounds. 


Twenty-five :.cse ie Noe iia s sarees ioe mee inn ee eee 5,600 pounds. 


ART. IV.] BUILDING CODE. 595 


For medium steel columns with flat ends, the compression in pounds 
per square inch shall not exceed the amounts given in the following table 
for the respective ratios of length to least radius of gyration: 


Unsupported 
Length Divided 
by Least Radius Pounds per 

of Gyration. Square Inch. 
a PHT Che Pa et date x ein Nal vu Pal Bin PA aAce Ana era lcs FN Os 12,444 pounds. 
ag RIE cade Tae ts DU ERR fa) 8, PRR rn ee ee ae 11,262 pounds. 
INS 5 Ui gRLe RE Ge Nace, tard OL Sr Re Be a eee ea 10,613 pounds. 
UST AN TECH mtr Pty, ro Reg SRN ted tee a eit Gia cm atehiee tes 9,782 pounds. 
MUIERIRICICE TR LIVCLEL WOlLU ete er craters te ee arts eels ole teat nat eh 8,925 pounds. 
EAE GUY PSS HOTS OA eis eee a ara me a 8,182 pounds. 
CODES SSE MESS Sy Bg ry tS a fe ea ee 7,306 pounds. 
aE ead 0 ae ee ac 6,579 pounds. 
0 UES 5c Si RIES SON TE i ain ees er ae a ee oe 5,925 pounds. 
UMMM UEC EDT LUA TLC ENG SV OTL Viet ate cate Poe as tik Tuite Pes abn ato a Shale «lee ee 5,332 pounds. 
MMMM PITRELECCLRLILCE LOE G Vane oe tate tee ee gs, Lark Mel tele Nets Meh has O td. 4,807 pounds. 


(Zb., sec. 141; compare M. C., sec. 229.) 


Sec. 182. Restriction of floor areas.—The undivided floor area 
permissible in buildings of three or more stories in height, shall not exceed 
twelve thousand square feet for buildings of the first-class; nor exceed seven 
thousand five hundred square feet for buildings of the second and _ third- 
class. Larger buildings shall have brick partition walls of the thickness 
required in section &6 of this article, so located that no undivided floor area 
shall exceed the figures above given. There shall be automatically closing 
fire doors on each side of the wall of approved construction for all openings 
in such partition walls, and said walls shall be carried above the roof and 
capped as provided in section 102 of this article. (Jb., sec. 142; compare 
Bim, Lol.) 


Sec. 183. Unrestricted floor areas.—Buildings of the first-class, 
or buildings of the second-class, as provided in section 64 of this article, and 
having all stairways and elevators or other openings from story to story, 
inclosed with wall of brick or concrete, provided with approved self-closing 
fire doors at all openings in such walls, may be constructed without restric- 
tion as to floor areas, provided such buildings be equipped with approved 
automatic sprinkling devices throughout every story. (J/b., sec. 143; com- 
pare M. C., secs. 158, 159.) 


Sec. 184. Unrestricted floor areas—when stairs and _ ele- 
vators are open. — Buildings of the first-class or buildings of the second- 
class, when equipped with approved automatic sprinklers, may be built ex- 
ceeding the floor areas provided in section 182 of this article, and have open 
stairs and elevators; provided such buildings have in addition to such open 
stairways and remote from any open stairway, elevator or open shaft, such 
a number of fireproof stairways inclosed in walls of brick or concrete, as 
shall not be less than one such fireproof stairway for every fifteen thousand 
Square feet of floor area, or portion thereof, for buildings of the first-class ; 
or one such fireproof stairway for every ten thousand square feet or portion 


596 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. 


thereof of floor area for buildings of the second-class. Such fireproof stair- 
ways shall be so placed that they may only be entered from the open air in 
every story; they shall not be less than three feet eight inches wide, without 
winders, with handrails on both sides, and shall have treads of not less than 
ten inches, nor risers of more than eight inches. All doorways leading to 
such stairways, on all floors above the ground floor, shall open towards the 
stairs and shall be plainly indicated by means of conspicuous signs; doors 
leading from such stairways on the ground fioor shall open outwardly and 
to the open air. (Jb., sec. 144; compare M. C., secs. 157, 158.) 


See. 185. Skeleton construction buildings.—Buildings of skele- 
ton construction shall be buildings of the first-class, and constructed upon a 
steel or iron framework, so designed and constructed as to be capable of 
resisting all strains from the weight of the structure, its contents and the 
pressure of the wind, within the limits of the factors of safety and unit 
stresses provided in section 181 of this article. AJl structural members of 
such buildings shall be fireproofed and protected as provided in section 62 
of this article. (Jb., sec. 145; compare M. C., sec. 219.) 


See. 186. Exterior walls of skeleton buildings.—Exterior walls 
of skeleton buildings shall not be less than eighteen inches in thickness, un- 
less they be supported in each story height by the framework, in which case 
they shall not be less than thirteen inches in thickness. All exterior walls 
shall have at least eight inches of masonry outside of all girders support- 
ing more than one story of the masonry, as provided in section 62, and all 
such walls and masonry shall be securely anchored to the columns and frame- 
work. (Jb., sec. 146; compare M. C., sec. 220.) 


Sec. 187. Wind pressure on skeleton buildings.—The frame 
work of a skeleton building shall be constructed to resist a horizontal wind 
pressure of thirty pounds per square foot on all exposed surfaces above 
grade. Where there are buildings immediately adjoining, the wall surface 
covered by such buildings will be considered as not exposed to wind press- 
ure. The factors of safety to be used in computing the sections required to 
resist wind pressure shall be such that the unit stresses provided in section 
180 of this article shall not be exceeded by more than twenty per cent. (JD., 
sec. 147; compare M. C., sec. 228.) 


See. 188. Construction shall conform to accepted standards,— 
The materials and workmanship of construction for the framework of skele- 
ton buildings shall not be inferior in quality to the requirements of the 
standard specifications of the “Association of American Steel Manufac- 
tures.” (/b., sec. 148; compare M. C., sec. 230.) 


See. 189. Hotels, boarding houses, ete.—fire escapes to be 
provided—red_ light.—It is hereby made the duty of every keeper or 
proprietor of every hotel, public boarding or lodging house in the city, of 
three stories and over in height, where such building is not a building of the 
first-class, to provide with and securely fasten in every lodging room in said 
hotel, public boarding house or lodging house above the first story, which 
has an outside window, and is used for the accommodation of cuests or 
employes as a sleeping apartment, a rope or rope ladder for the escape of 
lodgers therein, in case of fire, of at least one inch in diameter, which shall 
be securely fastened within such room, and as near a window as practicable, 
and of sufficient length to reach therefrom to the ground, on the outside of 


ART.IV.] BUILDING CODE. 597 


such hotel, public boarding or lodging house, and made of strong material; 
such rope or rope ladder shall be kept in good repair and condition. In 
lieu of a rope or rope ladder, there may be substituted any other appliance 
that may be deemed of equal or greater utility by the Commissioner of Pub- 
lic Buildings; but such appliances shall in all cases be so constructed.and 
situated as to be under the control and management of any lodger in such 
room. It is hereby further made the duty of every keeper or proprietor of 
every hotel, public boarding or lodging house in this city, of three stories 
and over in height, to provide and keep in plain view at the head of each 
flight of stairs, and also adjacent to the opening leading to each stationary 
fire escape on each and every floor of said hotel, public boarding or lodging 
house, a lamp or light with a red glass globe surrounding the light for the 
purpose of designating the location of said stairway and fire escape, re- 
spectively; said lamp or light shall be kept burning from twilight in the 
evening until daylight in the morning of each and every day. (J/b., sec. 149; 
compare M. C., sec. 52.) 


See also as to fire-escapesante R. C., sec. 138 et seg. 


Sec. 190. Same—notice to guests.—It shall be the duty of the 
proprietor or proprietors, or keepers, of every hotel, public boarding or 
lodging house, mentioned in the preceding sections of this article, to post 
or cause to be posted up notices in every room of such hotel, public board- 
ing or lodging house, calling attention to the fact that the provisions of this 
article have been complied with, and specifying in said notice the part of 
the room or building where the appliances to be used for the purpose’ of 
escaping from said buildings in case of fire are located and situated. (J6., 
sec. 150; corresponds to M. C., sec. 53.) 


Sec. 191. Same—watchman—alarm bell.—In all hotels, public 
boarding or lodging houses in the city containing more than twenty rooms 
and being more than three stories in height, the proprietor or proprietors, 
manager or managers, lessee, keeper or keepers, of each and every such 
hotel, public boarding or lodging houses, shall constantly keep and employ 
at least one competent and trustworthy man as watchman upon the base- 
ment floor and upon each and every floor above the second story thereof, 
whose duty it shall be to keep watch and guard in such hotel, public board- 
ing or lodging house, against fire, and to give warning in case fire should 
break out. Such watchman shall be on duty between the hours of nine 
o'clock p. m. and six o’clock a. m. of each and every day of the year, and in 
‘ase of fire shall do all in his power to awaken each guest and all other 
persons therein, and inform them of such fire. <A large alarm bell or gong 
shall be placed in each hotel, public boarding or lodging house, at, in or 
near the office, or there shall be placed and kept in good order in each room 
above the first story of such hotel, public boarding or lodging house, an 
alarm bell which may be sounded from the office, or sounded from the cor- 
ridors, and it shall be the duty of the proprietor of such hotel, public board- 
ing house or lodging house to post a conspicuous notice in every room in 
which such bell is placed, calling the guests’ attention to the bell and that 
it is to be used for the purpose of alarming the guests and inmates in case 
of fire therein. Upon any such alarm being given, it shall be the duty of 
every proprietor, keeper, manager or employe to do all in his or their power 
to save such guests or inmates. (/b., sec. 151; corresponds M. C., sec. 54.) 


Sec. 192. Same—penalty in case of watechman’s neglect.—Should 
any such watchman leave his post or be absent from his duties during the 
hours mentioned in the section next preceding, or if he should sleep while 


598 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. 


on duty, or if he should fail while on duty to do all in his power to awaken 
the persons sleeping in such hotel, public boarding or lodging house, he 
shall be deemed guilty of a misdemeanor, and upon conviction shall be 
fined not less than five dollars nor more than fifty dollars. (J/b., sec. 152; 
compare M. C., sec. 55.) 


Sec. 193. Same—penalty in case of proprietor’s neglect..— Every 


proprietor, keeper, lessee or manager of every hotel, public boarding house 
or lodging house in the City of St. Louis, who shall fail to comply with the 
requirements of sections 189, 190 and 191 of this article, shall be deemed 
guilty of a misdemeanor, and on conviction thereof, before either of the 
police justices of the city, shall be fined in a sum not less than five dollars 
nor more than five hundred dollars. (J/b., sec. 153; compare M. C., sec. 56.) 


Sec. 194. Heightof rooms—windows—ventilating 
HKvery room in every apartment house, hotel, tenement or lodging house hereafter 
built, and in every building hereafter altered to be used as such, shall be 
not less than eight feet in height in the clear in every story, except that in 
the attic it may be less than eight feet high for one-half the area of the 
room. Every such room shall have one or more windows or ventilating sky- 
lights, with area of openings not less than one-tenth the floor area of the 
room, to be lighted or ventilated from or by an open air space with an area 
throughout at least one-fourth as great as that of the largest room opening 
thereon, and it shall be unlawful after the passage of this ordinance, to so 
construct any room in any apartment house, hotel, tenement, or lodging 
house, not provided with outside windows or skylights as required by this 
section. (/b., sec. 154.) 


Sec. 195. Theaters or buildings used for theatrical or operatic 
purposes—regulations, duties, penalties, ete.—Every theater or opera 
house, or other building now or hereafter used for theatrical or operatic purposes, 
or for the purpose of holding public entertainments of any kind where 
stage scenery and apparatus are employed, and having seating accommo- 
dations for one hundred or more persons, and where such building shall 
have seating accommodations for spectators above the first or main floor 
thereof shall comply with all the requirements of sections 195, 196 and 197 
of this article. All doors shall open outwardly and must be kept unfastened 
and unobstructed during every performance. All exits in all theaters shall 
have such fastenings as may be readily opened from the inside without 
keys, and shail be of an uniform style; and only such fastenings as shall be 
approved by the Commissioner of Public Buildings. All stairways shall 
have strong hand railings on both sides thereof, which railings shall be 
continuous across platforms and landings wherever possible to make them 
so. All exits shall be plainly indicated by plain letters not less than four 
inches in height, placed over every doorway or passageway leading to the 
outside of such building. Each exit must at all times be kept free from 
curtains, portieres, and other like obstructions, and be designated by a red 
light. Every theater shall have an exit from the stage into the street or 
alley, not less than four feet wide. There shall be a clear, unobstructed 
passageway from the stage and all dressing rooms to such exits. Every 
printed programme shall have thereon a plan or diagram of the building, 
indicating the location of all exits and passages leading to the outside of 
such building. All seats, excepting those contained in boxes, shall be firinly 
secured to the floor, and no seat shall have more than nine seats interyen- 
ing between it and an aisle, and no stool or seat shall be placed in any aisle. 
In every such building as is mentioned in this section, the proscenium 


ART. IV.] BUILDING CODE. 599 


opening shall be provided with a fireproof curtain, or a curtain of asbestos 
or similar fireproof material of a construction to be approved by the Com- 
missioner of Public Buildings. It shall be the duty of said Commissioner 
of Public Buildings to inspect and test the construction and operation of 
such fireproof curtains on or about the first day of September and the first 
day of January of each year, and at such other intervals as shall insure 
their maintenance in a good and efficient condition for the safety of the 
audience; said curtain shall cover the entire proscenium opening, and shall 
extend at least twelve inches beyond the sides of the proscenium opening, 
and shall be operated with rings or snaps sliding on wire cables and con- 
structed in a way to be approved by the Commissioner of Public Buildings. 
Said fireproof curtain shall be lowered at the close of every performance, 
and shall be operated from the stage floor by proper devices for that pur- 
pose. It shall be so constructed that it can be lowered from the fly floors 
and the stage; it shall be hung by wire cable or metal supports to be ap- 
proved by the Commissioner of Public Buildings. All woodwork on the 
stage, fly-galleries and rigging-lofts shall be painted with fireproof paint or 
treated with an approved fire-resisting material so as to be effectually ren- 
dered safe against fire. The curtains about the proscenium boxes, and all 
draperies, portieres and curtains within the auditorium or any aisles or 
corridors thereof shall be chemically treated to make them less inflamma- 
ble. The frame or woodwork surrounding the canvas scenery owned by the 
theater shall be painted with fireproof paint and the reverse or back side of 
such canvas scenery shall be treated with an approved fire-resisting ma- 
terial. 


The use of scenery painted with oil is prohibited; the use of calcium 
lime lights is likewise prohibited, except upon the stage floor. Whenever 
the Commissioner of Public Buildings shall be satisfied that in any theater 
or operatic performance an extra hazard of fire exists by reason of the em- 
plovment of vast quantities of scenery, nets, ropes, lights, etec., he shall 
order the scenery and lights to be rearranged in a way that such extra 
hazard shall not exist. 


A practical water curtain shall be installed in every theater to be com- 
posed of stand pipes on each side of the proscenium arch and a lateral pipe 
running horizontally over the proscenium arch, so as to discharge a sheet 
of water back of the fireproof curtain, the same to be controlled by hand 
valves from either side of the stage. Said water curtain shall be made to 
the satisfaction of and approved by the Commissioner of Public Buildings. 
Proscenium walls and arches of all present theaters, if built of wood, must 
be lined with asbestos paper and covered with metal laths and plastered 
with cement plaster or covered with sheet metal to be constructed to the 
satisfaction of the Commissioner of Public Buildings. 


All doors leading from the stage to the auditorium shall be metal clad 
doors. All aisles, corridors and passageways in all theaters shall be kept 
free from camp stools, chairs, sofas and other obstructions, and no person 
shali be allowed to stand or occupy any of said aisles during any perform- 
ance. The word “aisle” for the purpose of this article, shall be construed 
to mean the openings or pathways to the seats, but shall not include the 
foyer in the rear of the theater nor the space directly back of the boxes of 
the theater. 


All passages, stairways and corridors throughout all theaters shall be 
supplied with a supplementary lighting system of electricity, gas or sperm 
oil, to be approved by the Commissioner of Public Buildings, and such sys- 
tem shall be independent of all other lights in such buildings and shall be 


600 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. 


in operation during the entire period such theater is open to the public, 
and until the audience has left the building. 


All theaters shall be provided with standard fire alarm box, connected 
by the necessary wires with the headquarters of the city fire alarm tele- 
graph; the same shall be in an accessible place on the stage and be desig- 
nated by a red light. 


The Commissioner of Public Buildings, the Chief of the Fire Depart- 
ment and their respective assistants shall have the right to enter any 
theater and any and all parts thereof at any reasonable time, especially 
when occupied by the public, in order to judge of and discharge their re- 
spective duties; and it shall be unlawful for any person to refuse admission 
to such officers or throw obstacles in the way of such officers while engaged 
in the performance of their duties. 


[t shall be the duty of the Chief of the fire department to detai! ~ 
perienced fireman to be on duty at each theater during the whole time it is 
open to the public. It shall be the duty of said fireman to see that all fire 
apparatus and appliances required by this article are in their proper place, 
in proper condition, ready for use, all exits unlocked during the whole time 
such theater is open to the public, and all fire escapes in proper condition. 
Said fireman shall require a drill of the employes of such theater in the use 
of all apparatus and appliances for the prevention of fire inside of the build- 
ing, except during the performance. Said drills shall be at frequent inter- 
vals until such employes become efficient, and shall thereafter be had at 
least once a month. 


Any manager, owner, lessee or keeper of any theater who shall violate 
or fail to comply with the provisions of sections 195, 196 and 197 of this 
article, shall on conviction thereof, in addition to having his license revoked 
as provided in section 210, be fined in the sum of not less than five dollars 
nor more than five hundred dollars. 


There shall be no opening in the proscenium wall above the auditorium 
ceiling, and where this space is not now inclosed it shall be inclosed with 
metal lath and plaster or other approved fireproof materials. There shall 
be provided over the stage, metal skylights of an area, or combined area 
equal to one-tenth of the area of the stage, and glazed with glass not ex- 
ceeding one-eighth of an inch in thickness, and each light thereof shall 
measure not less than three hundred square inches; the whole of each such 
skvlight shall be so constructed as to open instantly upon the cutting or 
burning of a cord to be fastened to the floor at the rear side of the stage, 
or the melting of a fusible link, which shall be arranged to hold such sky- 
light closed, or some other equally simple approved device may be provided 
for their opening. automatically in case of fire on the stage. All such sky- 
lights shall be so arranged that they may be instantly thrown open by means 
of a strong wire cable reaching therefrom to the stage floor or by some 
equally effective device which may be approved by the Commissioner of 
Public Buildings. All such skylights shall have securely suspended below 
the glass a strong wire netting constructed of wire not less than number ten 
gauge, and of a mesh not larger than one inch. In case where it is im- 
practicable to construct such skylights as are herein described, it may be per: 


missible to provide, in lieu thereof, ventilating openings in the walls above 


the stage, at such locations and of such size and construction as shall be 
approved by the Commissioner of Public Buildings, and Board of Appeals; 
such ventilating openings shall be arranged to open in the same manner as 
skylights above the stage. (Jb., sec. 158; compare M. C., secs. 233-241.) 


ART. IV.] BUILDING CODE. 601 


Sec. 196. Stand pipes and fire appara very such building 
as is mentioned in section 195 of this article, bid pipes of two and one-half 
inches in diameter shall be provided as follows, namely: One on each side 
of the stage, also one on each side of the auditorium. Hose connections for 
such stand pipes shall be provided on every tier and gallery level and below 
the stage, and at least one in the property room and one in the carpenter 
shop, if the same be contiguous to the building. All such stand pipes shall 
be kept clear from obstruction. Said stand pipes shall be separate and dis- 
tinct, receiving their supply of water direct from the main, and shall be 
fitted with the regulation couplings of the Fire Department, and shall be 
kept constantly filled with water under pressure, and ready for immediate 
use at all times during a performance in said building. A proper and suffi- 
cient quantity of hose, fitted with regulation couplings and with nozzles at- 
tached thereto, and with hose wrench at each outlet, shall always be kept 
attached to each hose attachment. There shall also be kept in readiness for 
immediate use on the stage and each gallery at least two barrels full of 
water, and two buckets to each barrel. Said barrels and buckets shall be 
painted red. There shall also be iceition such other portable fire extin- 
guishing apparatus as may be required by the Commissioner of Public Build- 
ings, and at least four axes and two twenty-foot hooks, two fifteen-foot 
hooks and also two ten-foot hooks on each tier or floor of the stage. (J0., 
sec. 159; compare M. C., sec. 242.) 


Sec. 197. Regulations relating to lig rery such building as 
is mentioned in section 195 of this article, every + hortion of such building 
devoted to the use or accommodation of the public, also all outlets leading 
to the outside and including open courts and corridors, shall be well and 
properly lighted during each performance until the entire audience has left 
the premises. All gas and electric lights in the halls, corridors, lobby or 
any part of said building used by the audience, except the auditorium, must 
be controlled by a separate shut-off, located in the front portion of the build- 
ing and controlled only in that particular place. Gas mains supplying the 
building shall have independent connections for the auditorium and stage, 
and provisions shall be made for shutting off the gas from the outside of 
the building. AI] interior gas lights shall be lighted by electricity or other 
suitable appliances. All suspended or bracket. lights surrounded by glass 
globes or shades in the auditorium or in any part of the building dev oted to 
the publie shall be provided with proper wire netting under neath. No gas 
or electric light shall be inserted in the wall, woodwork, ceilings or in any 
part of the building , unless protected by fireproof materials. All lights in 
passages and corridors in said building shall be protected with proper wire 
network. Where gas footlights are used they shall be effectually guarded 
with wire network, and shall be protected with strong metal guard, not less 
than two feet distant from said footlights, and the trough containing said 
footlights shall be formed of and surrounded by fireproof material. <All 
border, ceiling or other lights on or over the stage shall be incandescent 
electric. All ducts or shafts used for conducting heated air from the main 
chandelier or from any other light or lights shall be constructed of fireproof 
materials. All lights on the stage side of the proscenium wall in dressing 
rooms, property rooms, store rooms, and _ other places, other than 
incandescent electric lights, shall have strong metal wire guards or 
screens not less than ten inches in diameter, so Wonstiucted that any mate- 
rial in contact therewith shall be out of reach of the flames of said lights 
and shall be rigidly attached to the fixtures in all cases. Wherever the word 
“theater” is used in sections 195, 196 and 197 hereof, it shall include all 
such buildings as are described or referred to in section 195. (J/b., sec. 160.) 


602 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1 


A“ ) 


Sec. 198. Construction of new theaters.—Every theater or opera 
house, or other building intended to be used for theatrical or operatic pur- 
poses, or for public entertainments of any kind, where stage scenery and 
apparatus are employed, hereafter erected, shall be built to comply with the 
requirements of this article. No building which, at the time of the passage 
of this ordinance, was not in actual use for theatrical or operatic purposes, 
and no building hereafter erected not in conformity with the requirements 
of this article, and having space for the accommodation of one hundred or 
more persons, and having seats for the accommodation of spectators above 
the first or main floor thereof, shall be used for theatrical or operatic pur- 
poses or for public entertainments of any kind, where stage scenery or ap- 
paratus are employed, until the same shall have been made to conform to the 
requirements of this article. If any changes, alterations or improvements 
are made in the structural supports, or inclosures, or in any approaches to 
or exits from, or in the seating of any existing building to be used wholly or 
in part for public entertainments in connection with which stage scenery 
or apparatus is used, such changes, alterations or improvements shall be 
made in such manner as shall conform to the requirements of this article. 
(Ib., sec. 161; compare M. C., sec. 231.) 


See. 199. New theaters—entrances and exits—other regula- 
tions .— Every building suchas is designated in section 198 of this article, shall 
have at least one front on a street or alley and in such front there shall be suit- 
able means of entrances and exits for the audience as hereinafter provided. 
In addition to the aforesaid entrances and exits on the street or alley there 
shall be reserved for service in case of an emergency an open court or space 
on the side not bordering on the street or alley, where said building is lo- 
cated on a corner lot, and on both sides of said building where there is but 
one frontage on the street. The width of such open court or courts shall 
not be less than seven feet where the seating capacity is not over one thou- 
sand people, nor less than eight feet in width for a seating capacity above 
one thousand people. Said court or courts shall begin on a line with or 
near the proscenium wall, and shall extend the length of the auditorium 
proper, to or near the wall separating the same from the entrance, lobby or 
vestibule. A separate and distinct corridor or corridors shall continue to 
the street or alley from each open court, through such superstructure as 
may be built on the street or alley side of the auditorium, with continuous 
walls of brick or fireproof materials on each side. The entire length of said 
corridor or corridors and the ceilings and floors shall be fireproof. Said cor- 
ridor or corridors shall not be reduced in width, and the said width shall 
be in the clear of any projection in the walls of the same. The outer open- 
ings shall be previded with doors or gates opening toward the street. During 
the performance, the doors or gates in the corridors shall be kept open. The 
said open courts or corridors shall not be used for storage purposes or for 
any purpose whatsoever, except for exit and entrance from and to the audi- 
torium and stage, and must be kept clear and free during performances. 
The level of said corridors at the front entrance to the building shall not be 
ereater than one step above the level of the sidewalk where they begin at the 
street or alley entrances. The entrance to the main front of the building 
shall not be on a higher level from the sidewalk than four steps. To over- 
come any difference of level existing between the exits from the parquet into 
courts and the level of the said corridors, inclined planes shall be employed 
where the gradients are not over one foot in ten feet; in all other cases steps 
shall be employed. From the auditorium opening into the said open court 
on the side street or alley, there shall not be less than one exit on each side, 
in each tier from and including the parquet, and each and every gallery. 


ART. IV.] BUILDING CODE. 603 


Every exit shall be at least five feet in width in the clear. All of said doors 
shall open outwardly, and must be fastened as prescribed in section 195 of 
this article. There shall be balconies not less than four feet in width in the 
side court or courts at each level or tier above the parquet on each side of 
the auditorium, of sufficient length to embrace the exits, and from said bal- 
conies there shall be staircases extending to the ground level, with a rise of 
not over eight and one-half inches to a step, and not less than nine-inch tread 
exclusive of the nosing. The staircases from the upper balcony to the next 
below shall not be less than three feet in width in the clear, and from the 
first balcony to the ground, four feet in width in the clear, where the seating 
capacity of the auditorium is for one thousand people or less, and increasing 
in width at the rate of six inches for every increase in seating capacity of 
two hundred or less. All of the before mentioned balconies and staircases 
shall be constructed of steel or iron throughout, including the floors, and of 
ample strength to sustain the load to be carried by them; they shall be cov- 
ered with a metal hood or awning; where one side of the building borders 
on the street or alley, there shall be balconies and staircases of like capacity 
and kind, as before mentioned, extending to the ground. When located on 
a corner lot, that portion of the premises bordering on the side street and 
not required for the use of the theater may be used for offices, stores and 
apartments, provided the walls separating this portion from the theater 
proper are carried up solidly to and through the roof, and that a fireproof 
exit is provided for the theater on each tier, equal to the combined exits open- 
ing on opposite sides of each tier, communicating with balconies and stair- 
cases leading to the street or alley in such manner as provided elsewhere in 
this section; said exit passages shall be entirely cut off by brick walls from 
said offices, stores or apartments, and the floors and ceilings in each tier 
shall be fireproof. Nothing herein contained shall prevent a roof garden, 
art gallery, or rooms being placed above a theater or public building, pro- 
vided the floors of the same forming the roof over such theater or building 
shall be constructed of iron or steel and fireproof materials, and that each 
floor shall have no covering boards or sleepers of wood, but be of tile or 
cement. Every roof over said garden or rooms shall have all supports and 
rafters of iron or steel, and be covered with glass or fireproof material, or 
both. Such roof gardens, art galleries or rooms shall have exits of widths 
proportioned to their seating capacity as herein provided for theaters. (J/D., 
sec. 162; compare M. C., sec. 233.) 


Sec. 200. New theaters—work shops, storage and property 
rooms.—Hereafter no workshop, storage or general property room shall be 
constructed abo ve the auditorium or stage or under the same, or in any of the 
fly galleries. All of said rooms or shops may be located in the rear or at the 
side of the stage, but in such cases they shall be separated from the stage 
by a brick wall, and the openings leading into said portion shall have stand- 
ard fireproof doors on each side of the openings, hung to iron eyes built in 
the wall. No store room or rooms contained in a theater building, or the 
offices, stores or apartments adjoining as aforesaid, shall be let or used for 
carrying on any business or dealing in any articles commonly known as 
specially hazardous. (/b., sec. 163; compare M. C., sec. 254.) 


Sec. 201. New theaters—interior fire walls.—Interior walls built of 
fireproof material shall separate the auditorium from the entrance vestibule, 
and from any room or rooms over the same; also from any lobbies, corridors, 
refreshment or other rooms. The openings in walls to all staircases shall 
be the full width of said staircases. (/b., sec. 164; corresponds M. C., sec. 
235. ) 


604 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. 


Sec. 202. New theaters —proscenium walland openings.—A fire 
wall built of brick, and of the thickness as provided in this article for walls 
of buildings of the first-class, shall separate the auditorium from the stage, 
and the same shall extend at least four feet above the stage roof or the audi- 
torium roof, if the latter be the higher, and shall be coped. Above the prosce- 
nium opening there shall be an iron girder covered with fireproof material. 
Should there be constructed an orchestra over the stage above the prosce- 
nium the said orchestra shall be placed on the auditorium side of the wall. 
(1b., sec. 165; corresponds M. C., sec. 236.) 


Sec. 203. New theaters—interior const 
frame around the proscenium opening shall be formed entirely of fireproof ma- 
terial. If metal be used, the metal shall be filled in solid with non-combusti- 
ble material and securely anchored to the wall. The proscenium opening 
shall be provided with a fireproof asbestos curtain as is provided in section 
195. The proscenium curtains shall be placed at least three feet distant from 
the footlights at the nearest point. All doorways or openings through the 
proscenium wall from the auditorium, in every tier, shall have standard fire 
doors on each face of the wall, and the doors hung so as to be opened from 
either side at all times. There shall be no openings in the proscenium fire 
walls above the level of the auditorium ceiling. Direct access to these doors 
shall be provided on both sides, and the same shall always be kept free from 
incumbrance. Iron ladders securely fixed to the wall, on the stage side, shall 
be provided to overcome any difference of level existing between the floor or 
galleries on the stage side of the fire wall and those of the side of the audi- 
torium. There shall be over the stage metal skylights, as provided in section 
195. All that portion of the stage not comprised in the working of scenery, 
traps or other mechanical apparatus for the pre esentation of the scene, usu- 
ally equal to the width of the proscenium opening, shall be built of iron or 
steel beams, filled in between with fir eproof materials, and all girders for the 
support of said beams shall be of wrought iron or rolled steel. The fly gal- 
leries entire, including floor and pin rails, shall be constructed of incombus- 
tible material, and no wooden boards or sleepers shall be used as a covering 
over beams, but the floor shall be entirely fireproof, the rigging-loft shall be 
constructed of incombustible material, including the floor covering the same. 
All woodwork on and above the stage and stage scenery shall be treated to 
become fire-resisting as prescribed in section one hundred and ninety-five of 
this article. The roof over the auditorium and the entire main floor of 
the auditorium and vestibule, also the entire floor of the second story of the 
front superstructure, over the entrance lobby and corridors, and all galleries 
in the auditorium shall be constructed of iron or steel and fireproof material, 
not including the use of wooden floor boards, and the necessary sleepers to 
fasten the same to, but such sleepers shall not be timbers of support. The 
front of each gallery shall be formed of fireproof material. The ceiling of 
the auditorium shall be formed of fireproof material. Al] lathing, wherever 
used, shall be of metal. The partitions in that portion of the building which 
contains the auditorium, the entrance vestibule, and every room and passage 
devoted to the use of the audience, shall be constructed of fireproof material, 
including the furring of outside or other walls. None of the walls or ceil- 
ings shall be covered with wood sheathing, canvas or other combustible ma- 
terials; but this shall not exclude the use of wood wainscoting to a height 
not to exceed six feet. The walls separating the actors’ dressing room from 
the stage and the partitions dividing the dressing room, together with the 
partitions of every passageway from the. same to the stage, shall be con- 
structed of fireproof material; all doors in any of said partitions shall be 
standard fire doors. All the shelving and cupboards in each and every dress- 


ART, IV.] BUILDING CODE. 605 


ing room, property room, or other storage rooms, shall be constructed of 
metal, slate or fireproof materials. Dressing rooms may be placed in fly gal- 
leries, provided that proper exits are secured therefrom to fire escapes in the 
open courts and that the partitions and other matters pertaining to dressing 
rooms shall conform to the requirements herein contained, but the stairs 
leading to same shall be fireproofed. (J/b., sec. 166; corresponds M. C., sec. 
237.) 


Sec. 204. New theaters—aisiles, doors and passages.— All seats in 
the auditorium, excepting those contained in boxes, shall be firmly secured 
to the floor, and no seat in the auditorium shall have more than nine seats 
intervening between it and an aisle on either side, and no stool or seat shall 
be placed in any aisle. All platforms in galleries formed to receive the seats 
shall not be more than twenty-one inches in height of riser, nor less than 
thirty inches, width of platform. All aisles on the respective floors of the 
auditorium having seats on both sides of same shall not be less than two feet 
six inches wide where they begin, and shall be increased in width towards 
the exits in the ratio of two inches to five running feet. Aisles having seats 
on one side only shall not be less than three feet wide. The aggregate ca- 
pacity of the foyers, lobbies, corridors, passages and rooms for the use of the 
audience, not including the aisle space between seats, shall, on each gallery 
or floor, be sufficient to contain one-fourth of the entire number to be ac- 
commodated on said floor or gallery, in the ratio of one hundred and fifty 
superficial feet of floor room for every one hundred presons. Gradients or 
inclined planes shall be employed instead of steps, where possible, to over- 
come slight difference of level, in or between aisles, corridors and passages, 
but no such gradient shall exceed a rise of more than one foot in ten. Every 
theater, such as is mentioned in sec. 198, shall have at least two exits; these 
exits not referring to or including the exits to the open courts at the side of 
the theater. Doorways of exit or entrance for the use of the public shall not 
be less than five feet in width, and for every additional one hundred persons 
or portions thereof above three hundred accommodated, an aggregate of 
twenty inches additional exit width must be allowed. All doors of exit or 
entrance shall open outwardly, and be hung to swing in such a manner as 
not to become an obstruction in a passage or corridor; and no such doors 
shall be closed or locked during any representation, or when the building is 
open to the public. Distinct and separate places of exit and entrance shall 
be provided for each gallery above the first. A common place of exit or en- 
trance may serve for the main floor of the auditorium and the first gallery, 
provided its capacity be equal to the aggregate capacity of the outlets from 
the main floor and the said gallery. No passage leading to any stairway com- 
municating with any entrance or exit shall be less than four feet in width 
in any part thereof. (/b., sec. 166; corresponds M. C., sec. 238.) 


Sec. 205. New theaters—stairways.—All stairs within the building 
shall be constructed of fireproof material throughout. Stairways serving for 
exit of one hundred people must, if straight, be at least four feet wide be- 
tween railings, and, if curved or winding, five feet wide, and for every addi- 
tional hundred people to be accommodated six inches must be added to their 
width. In no case shall the risers of any inside stairs exceed seven and one- 
half inches in height, nor shall-the treads, exclusive of nosings, be less than 
ten and one-half inches wide in straight stairs. In circular or winding stairs 
the width of the tread at the narrowest end shall not be less than seven 
inches. Where the seating capacity is for more than one thousand people 
there shall be at least two independent staircases, with direct exterior outlet 
provided for each gallery in the auditorium where there are not more than 


606 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 1. 


two galleries, and the same shall be located on opposite sides of said gallery. 
Where there are more than two galleries one or more additional staircases 
shall be provided, the outlets from which shall communicate directly with 
the principal exit or other exterior outlet. All said staircases shall be of 
width proportioned to the seating capacity as elsewhere herein prescribed. 
Where the seating capacity is for one thousand people or less two direct lines 
of inside staircases only shall be required, located on opposite sides of the 
galleries and in both cases shall extend from the sidewalk level to the upper 
gallery, with outlets from each gallery to each side of said staircases. At 
least two independent inside staircases, with direct exterior outlets, shall 
also be provided for the service of the stage, and shall be located on opposite 
sides of the same. Where straight stairs return directly on themselves a 
landing of the full width of both flights, without any steps, shall be provided. 
Stairs turning an angle shall have a proper landing without winders intro- 
duced in said turns. In stairs when two side flights connect with one main 
flight no winders shall be introduced, and the width of the main flights shall 
be at least equal to the aggregate width of the side flights. Circular or wind- 
ing stairs shall have proper landings, introduced at convenient distances. 
All staircases shall have strong hand rails on both sides and on platforms 
and landings where the same is less than the width of the stairs. If walls 
are used for the partial or entire support or inclosure of stairs such walls are 
to be built of incombustible materials. (Jb., sec. 168; corresponds M. C., 
sec. 239.) 

Sec. 206. New theaters—location of boilers. — Every steam boiler 
which may be required for heating or other purposes shall be located outside 
of the building, and the space allotted to the same shall be inclosed by walls 
of masonry on all sides, and the ceiling of such space shall be constructed of 
fireproof material. All doorways in said wall shall have standard fire doors. 
(fb., sec. 169; corresponds M. C., sec. 240.) 


Sec. 207. New theaters—registers and radiators.—No floor register 
for heating shall be permitted. No coil or radiator shall be placed in any 
aisle or passageway used as an exit, in such manner as shall form an ob- 
struction in said passageway or exit. All supply, return or exhaust pipes 
shall be properly encased and protected where passing through floors or near 
woodwork, as required in section 153 of this article. (Jb., sec. 170; corre- 
sponds M. C., sec. 241.) 


Sec. 208. Stand pipes and fire apparatus,—Every building such as 
is mentioned in section 198 shall have stand pipes, hose and fire apparatus 
as required in section 196. Nothing contained in section 198 and following 
sections pertaining to new theaters shall be construed as relieving them in 
any wise from any of the obligations imposed by sections 195, 196, 197 of this 
article. (Jb., sec. 171; compare M. C., sec. 242.) 


See. 209. Department of buildings to have control in every 
theater—certificate to be posted—penalty for failure.—The stand 
pipes, gas pipes, electric wiring, hose, footlights, and all apparatus for the 
extinguishing of or guarding against fire in every theater, shall be in charge 
of and under the control of the building department, and the Commissioner 
of Public Buildings is hereby directed to see that the provisions of this 
article in respect thereto are carried out and enforced; and for the purpose 
of carrying out the provisions of this article the Commissioner of Public 
Buildings shall make not less than two inspections each year of all the 
theater buildings, and shall render his certificate, fully setting forth the 


ART. IV.] BUILDING CODE. 607 


conditions of said building, and whether the provisions contained in this 
article have been fully complied with. It shall be the duty of any manager, 
owner, lessee or keeper of any theater whose place is open to public busi- 
ness to post such certificate of the Commissioner of Public Buildings, or a 
true copy thereof in the lobby and auditorium of said theater. Any failure 
to comply with the provisions of this section is hereby declared to be a 
misdemeanor and on conviction thereof such persons shall be fined a sum 
not less than five dollars nor more than one hundred dollars. (J/0b., sec. 
172; compare M. C., sec. 245.) 


See. 210. New theatrical buildings must first be approved by 

Building Commissioner—no license until certi 2 
hearing to be had whether article complied with—proceeding 
revocation of permit by License Collector —reinstatement.—No 
building shall hereafter be erected, or altered, or be opened to the public, or used 
for theatrical or operatic purposes, or for public entertainments of any kind 
where stage scenery or apparatus are employed, until the Commissioner of 
Public Buildings shall have approved the same in writing as conforming 
to the requirements of this article so far as applicable to such buildings 
and the License Collector of the City of St. Louis shall not issue any license 
for any theater to be conducted in such building until a certificate in writ- 
ing of approval, as aforesaid, shall have been given by the Commissioner of 
Public Buildings. If, upon inspection, of any theater building, public hall 
or place of public amusement, as provided in sections 209 and 210, the Com- 
missioner of Public Buildings shall find that any of the provisions con- 
tained in this article have not been fully complied with, he shall serve a 
written notice on the manager, lessee, proprietor, owner or keeper of such 
theater, public hall or place of public amusement, stating in what respect 
the provisions of this ordinance have not been complied with and naming a 
time when such manager, lessee, owner, proprietor or keeper may appear 
before him and show cause why a certificate as provided for in section 209 
should be issued. Upon such hearing, the Commissioner of Public Build- 
ings shall issue his certificate in case he finds that all the provisions of this 
article have been complied with. Otherwise, he shall refuse to issue the 
same and shall revoke any certificate that may have heretofore been issued. 
Upon revocation of such certificate or upon refusal to issue a new one, as 
the case may be, it shall be the duty of the Commissioner of Public Build- 
ings to immediately notify the License Collector of that fact and the Li- 
cense Collector shall thereupon revoke the license, if any, theretofore is- 
sued by him to.such manager, lessee, owner, proprietor or keeper of such 
theater, public hall or place of amusement, provided, however, that upon a 
new certificate being issued by the Commissioner of Public Buildings stat- 
ing that all the provisions of this article have been complied with by such 
manager, lessee, owner, proprietor or keeper, the License Collector shall 
reinstate such revoked license. (Jb., sec. 173; compare M. C., sec. 48.) 


Sec. 211. Penalty.—Any manager, lessee, owner or keeper of any thea- 
ter, public hall or place of public amusement, carrying on the business of 
theatricals, or keeping a place of public amusement of any kind, liable to 
pay a license for such business under any ordinance or the City of St. 
Louis, and carrying on said business without first having furnished said 
certificate from the Commissioner of Public Buildings and obtained a li- 
cense therefor or shall carry on said business after the revocation of his 
license, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof be fined in a sum not less than twenty-five dollars nor exceeding 
one hundred dollars. (/b., sec. 174; compare M. C., sec. 49.) 


608 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 1. 


Sec. 212. Aisles of theaters and all public places of assemblage 
to be kept free from obstruction—doors to swing outward. 
It is hereby made the duty of every manager, lessee, owner, keeper, or 
trustee of every theater, hall or place of amusement, or instruction, or as- 
semblage, or worship, or wherever people congregate, to have all doors lead- 
ing from such places to swing outward and so hung as not to obstruct the 
free passage therefrom, and it shall be the duty of all persons aforesaid to 
keep all halls, passageways, stairways and aisles of such places at all times 
free from obstructions of every kind, which may prevent free egress there- 
from. (Jb., sec. 175; corresponds M. C., sec. 50.) 


Sec. 213. Same—penalty.—Any manager, lessee, owner, keeper, 01 
trustee of any theater, hall or place of amusement or instruction, or as- 
semblage, or worship, or wherever people congregate, who shall violate, or 
fail or neglect to comply with any of the provisions of the preceding sec- 
tion, shall upon conviction be deemed guilty of a misdemeanor, and shall 
be fined not less than twenty-five dollars nor more than five hundred dol- 
lars. (/0b., sec. 176; compare M. C., sec. 51.) 


Sec. 214. Billboards.—Hereafter no billboard having twenty-five 
Square feet or more of surface shall be erected, altered, refaced or recon- 
structed without a permit from the Commissioner of Public Buildings, and 
the manner of construction, location and dimensions of such billboards 
shall be subject to the approval of the Commissioner of Public Buildings, 
in accordance with the provisions of this section. The term ‘Billboard” 
within the meaning of this section shall include all structures of whatever 
material the same may be constructed, which are erected, maintained or 
used for the public display of posters, painted signs, pictures or other 
pictorial or reading matter, except that the term “billboard” shall not be 
applied to such signs as are attached to the roofs or walls of buildings, as 
provided for in section 121 of this article. No billboard hereafter erected, 
altered, replaced or reconstructed shall exceed fourteen feet in height above 
the ground, and every such billboard shall have an open space of at least 
four feet between the lower edge and the ground, which space shall not be 
closed in any manner while the billboard stands; nor shall any such bDill- 
board approach nearer than six feet to any building nor to the side line of 
any lot nor nearer than two feet to any other billboard, nor shall any such 
billboard exceed five hundred square feet in area, nor approach the street 
line on any street, alley or right of way on which anv lot fronts or abuts, 
nearer than fifteen feet, but in all cases where the building line of build- 
ings within fifty feet of the proposed billboard is more than fifteen feet 
from the street line or boundary line then such billboard shall not ap- 
proach nearer to such street line or lot boundary line than the distance 
that the building line of such buildings is from such street line or lot 
boundary line; and where buildings are hereafter built near or adjacent to 
billboards such billboards shall be so moved or cut off as to leave a space 
of not less than six feet between the building and such billboard, which 
shall in all other respects also comply with the terms of this section. Any 
billboard which may now be or hereafter become rotten or unsafe and any 
billboard which shall hereafter be erected, altered, refaced or reconstruct- 
ed, contrary to the provisions of this section or any of them, shall be re- 
moved or otherwise properly secured in accordance with the terms of this 
section by the owner thereof, or by the owner of the ground on which such 
billboard shall stand, upon receipt of proper nectice so to do, as provided 
in section 216 of this article, for the removal of unsafe structures, and no 


ART. IV.] BUILDING CODE. 609 


rotten or unsafe billboard shall be repaired or rebuilt except in accord- 
ance with the provisions of this section and upon a permit issued from the 
Commissioner of Public Buildings. (/b., sec. 170; compare M. C., sec. 209.) 


This section was held void in the cireuit court (St. Louis Gunning Advert. 
Co. vs. St. Louis, No. 41845, Div. 6) and the case is now pending on appeal in the 
Supreme Court. 


Sec. 215. Fences, screens, ete.—No fence, screen or structure im the 
nature of a fence which exceed six feet in height shall hereafter be erected 
in the City of St. Louis unless the same is so constructed that the surface 
thereof is at regular intervals and in a uniform manner penetrated with 
openings, or latticed to the extent of at least fifty per cent of the area 
thereof, provided, however, that this section shall not apply to fences con- 
structed wholly of brick or stone. 


It shall be unlawful to erect or maintain any fence, screen, or other 
structure in the nature of a fence or screen exceeding eight feet in height 
above the ground unless such fence be constructed wholly of brick, metal 
or other non-combustible material. (Jb., sec. 178; compare M. C., sec. 208.) 


Sec. 216. Unsafe structures—notice to remove or make secure 
—condemnation cost, how paid—failure to comply with notice 
misdemeanor—penalty.— Whenever the Commissioner of Public Build- 
ings shall be informed or have reason to believe that any building or other 
structure within the City of St. Louis is in a condition or situation to en- 
danger the lives of persons passing or residing in the vicinity thereof, or 
to endanger property, he shall immediately proceed to make a survey or ex- 
amination of said building or other structure, and if, in his opinion, said 
building or other structure is in a condition or situation to endanger the 
lives of persons or injure property, he shall notify the owner or owners of 
such building or other structure to have the same removed or otherwise 
properly secured within three days after service of such notice, and should 
said owner or owners fail to comply with said notice it shall be the duty of 
the Commissioner of Public Buildings to proceed forthwith to have the 
Same secured so as to render it safe unless, in his judgment, the same can- 
not reasonably be secured or rendered safe, in which case he shall demolish 
and remove the same, or so much thereof as may be necessary. The cost of 
securing said building or other structure or demolishing the same, or any 
part thereof, by the Commissioner of Public Buildings, shall be paid in the 
first place by the city out of a contingent fund, for which there shall be 
made an annual appropriation of not less than one thousand dollars for the 
purposes here designated. The Comptroller, upon receipt of a certificate 
from the Commissioner of Public Buildings of the amount expended by 
him for the securing or demolishing of any such building or other structure, 
which certificate shall be approved by the Mayor, shall then make out bills 
for said work against the owner or owners of said building or other struct- 
ure. In case said bills are not paid upon presentation they shall be placed 
in the hands of the City Attorney or in the hands of some officer of the 
law department, who shall proceed to collect the same, by suit if necessary, 
and the amounts when collected shall be credited to said contingent fund. 
Every such owner who shall fail to comply with the requirements of the 
notice hereinbefore in this section provided for, shall be guilty of a misde- 


610 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 1. 


meanor, and upon conviction thereof shall be fined not less than twenty- 
five nor more than five hundred dollars. (/b., sec. 179; compare M. C., 
sec. 250.) 

The former ordinance (M. C., sec. 250) sought to extend the duty, imposed 
on the owner, also to the agent; to this extent it was held void as transcending 
the provisions of the Charter, Art. III, sec. 26, subd. 12, covering the subject 
matter of repairing and removing dangerous buildings, and as not authorized 


by subd. 5 of the same section providing for the licensing, taxing and regu- 
lating the business of real estate agents: St. Louis vs. Kaime, 180 Mo. 309. 


Sec. 217. Same—notice, how given-—interference with giving 
notice misdemeanor— penalty.—The notice to the owner of building or 
structure found to be dangerous by the Commissioner of Public Buildings, 
as provided in section 216, shall be directed to the owner or owners of such 
buildings or other structures by name, if known; if not known then under 
the designation of the owner or owners of the building or structure desig- 
nating it, and may be served in any one of the following ways: 


First—By causing said notice to be delivered to such owner either in 
the City of St. Louis or elsewhere. 


r, second, by posting a copy of such ice upc ildi : : 
Or, second, by posting a copy of such notice upon the building or other 
structure, said notice to be deemed served at the end of twenty-four hours 
after the posting thereof. 


Or, third, by mailing such notice, or copy thereof, enclosed in a sealed 
envelope, postage prepaid, directed to such owner, either at his business or 
residence address in this city or elsewhere, said notice to be deemed served 
twenty-four hours after the mailing of said notice, in case it is directed to 
the business or residence address of the owner in the City of St. Louis. 
Provided, that if the said owner or owners be non-residents of the City of 
St. Louis, and have no business addresses or offices in the City of 
St. Louis, then the said notice shall be deemed served at the end of such 
period after the mailing thereof as in the ordinary course of transmission 
of the mails by the United States Government would be required for the 
receipt of said notice by the owner or owners at their place of residence or 
business. ¥ 


Or, fourth, by publication in the newspapers doing the city printing, 
said notice to be deemed served twenty-four hours after publication. 


In case such building or other structure is in the occupancy of a tenant 
or tenants it shall be the duty of the Commissioner of Public Buildings 
to post a copy of such notice upon such building or other structure. 


very person who shall attempt to prevent the Commissioner of Pub- 
lic Buildings, or any other emplove of the City of St. Louis, from posting 
such notice on such building or other structure, or shall remove said notice 
or mutilate it or deface it, within four days after the same is posted, unless 
in the meantime such building or other structure has been put in a safe 
condition or been demolished, ‘shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than twenty-five net more than 
five hundred dollars. (Jb., sec. 180.) 


Sec. 218. Same—a 
No agent of the owner of any building or other structure shall, after atite 
from the Commissioner of Public Buildings that such building or other 
structure is unsafe or dangerous, rent or lease the same or any part thereof, 
or collect any rent therefor until such building or other structure shal) he 
rendered safe and secure or shall be demolished. Every agent who shall 


ART. IV.] BUILDING CODE. 611 


violate any of the provisions of this section shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined not less than twenty-five 
nor more than five hundred dollars. (Jb., sec. 281; compare M. C., sec. 
252.) 


See note to sec. 216 supra. 


Sec. 219. Costs, how paid—lien on property of delinquent 
owner—violation misdemeanor—penalty.—The Commissioner of 
Public Buildings shall have power to require all persons to correct, remove, or 
abate any state of things done, caused or permitted by them in violation of 
this article; and he shall upon a failure to comply with the requirements 
of this article, when the public interest may so require, correct, remove or 
abate the same and all costs attending such action in such cases shall be 
paid from the contingent fund, as provided in section 216, and then col- 
lected from the party offending as there provided, and the same shall also 
be a lien against the property whereon such violation was permitted to ex- 
ist, to be collected as provided by law for liens in such cases; and any per- 
son, firm or corporation, who shall refuse or neglect to comply with the 
provisions of this section, or who shall violate any of the provisions thereof, 
shall be deemed guilty of a misdemeanor and shall be subject to the penalty 
as provided in section 221. (Jb., sec. 182; compare M. C., sec. 68.) 


Sec. 220. Duties of police.—It shall be and is hereby made the duty 
of the police force of the City of St. Louis to report to the Commissioner of 
Public Buildings any violation of the provisions of this article occurring 
upon the respective beats of policemen. (J06., sec. 183; corresponds M. C., 
sec. 251.) 


Sec. 221. Penalty where none other provided.—Any person who 
shall violate any of the provisions of this article shall be deemed guilty of 
a misdemeanor and upon conviction thereof shall, in cases where no specific 
penalties are herein provided, be punished by fine of not less than five nor 
more than five hundred dollars. (/b., sec. 184; compare M. C., sees. 72 
and 252.) , 

Sec. 222. Duty of Commissioner to enforce ordinance—will- 
ful failure of commissioner or subordinate cause for removal.—It 
shall be the duty of the Commissioner of Public Buildings to see that the provi- 
sions of this article are enforced. Any willful failure to enforce said 
provisions on the part of the Commissioner of Public Buildings, or any 
subordinate in his office shall be deemed a sufficient ground for removal 
from office of any of said officials. (7b., sec. 185.) 


Sec. 223. Boiling inflammable substance.—No person shall in this 
city boil any pitch, tar, rosin, turpentine, varnish or other inflammable sub- 
stance, unless the same be done in an open place at least thirty feet distant 
from any building, boat, vessel or other property that might be injured 
thereby, or in a fireproof building; provided, however, that for roofing or 
roof repairing the materials necessary therefor may be boiled in the road- 
way immediately adjoining the curbstone, except that no fires shall be built 
upon any highway or street paved with asphaltum. (J/b., sec. 186; compare 
ord. 20732; corresponds to M. C., sec. 58.) 

The ordinance is the same as that in M. C., sec. 58, but this latter was 
amended by ord. 20732, approved June 23, 1902, permitting boiling of materials 
for roofing on brick, granite or wood pavements, when covered with eighteen 


inches of cinders. This latter ordinance is not referred to in the new building 
ordinance as repealed in express terms (Charter, Art. III, sec. 28). 


612 REVISED CODE OR GENERAL ORDINANCES. [CHAP, '1. 


Sec. 224. Burning matter in street prohibited.-—No person shall 
burn any shavings, leaves, rubbish or other matter in any street, alley or 
thoroughfare or public place or near any inhabited place in this city. (Jb., 
sec. 187; corresponds M. C., sec. 59.) 


See secs. 597 and 1242. 


See. 225. Use of light in stables.—No owner or occupant of a 
livery or other stables in this city shall, by himself or those in his employ, 
use therein, or in any place containing hay, straw or other combustible 
matter, any lighted candle or other light, except the same be securely kept 
within a tin or glass lantern. (Jb., sec. 188; corresopnds M. C., sec. 60.) 


Sec. 226. Keeping hay or straw.—No person shall, except outside 
of the fire limits in this city, have, put or keep any hay or straw in sack or 
pile without having the same enclosed or secured so as to protect it from 
flying sparks of fire. (Jb., sec. 189; corresponds M. C., sec. 61.) 


Sec. 227. Burning coal or brand to be protected.—No person 
shall in this city carry, or cause to be carried, in any street or thoroughfare 
any burning coal or brand, unless the same be shut up in a covered vessel. 
(Zb., sec. 190; corresponds M. C., sec. 62.) 


Sec. 228. Firearms not to be discharged--permission.—No per- 
son, not being a member of the police force, or on duty in a military corps, and 
acting under orders from the commander thereof, or not being a manufac- 
turer of firearms, and trying or proving articles manufactured by him, so 
as not to endanger or injure persons or property in the neighborhood, shall 
discharge any kind of firearms in this city, and then only by permission of 
the Mayor. (/b., sec. 191; corresponds to sec. 64 of M. C.) 


Is this and following two sections germane to the subject matter as in- 
dicated in the title to the building code ordinance? 


Sec. 229. Pyrotechnic displays—permission.—No person shall, in 
this city, discharge or set off any rockets, or any other pyrotechnic exhibi- 
tion without the written consent of the Mayor, specifying the place and 
time, where and when the same may be done. (J/b., sec. 192; corresponds 
M. C., sec. 65.) 


An ordinance prohibiting explosion of fire-crackers, squibs, roman candles, 
pin-wheels, or other combustible device, without written consent of the Mayor 
specifying the time and place is valid: Centralia vs. Smith, 103 Mo. App. 438, 440. 


Sec. 230. Fire crackers, ete.--No person shall in this city, fire or set 
off any squib, cracker or other fireworks not previously designated. (JD., 
sec. 193; corresponds M. C., sec. 66.) 


+ 


Sec. 231. Flues or chimneys, cleaning and burning.—The owner 
or occupant of any house, shop or other building in this city shall cause 
the flues or chimneys thereof to be swept or burned out as often as may be 
requisite to keep the same clean; in case of burning out a flue, it shall be 
done in the daytime, and only when a rain is falling or when the roof of the 
building is covered with snow. If any person shall cause the flues of a 
house occupied by him to be fired at any other time than herein expressed, 
he shall be liable to the penalties herein prescribed. (J/b., sec. 194; corre- 
sponds M. C., sec. 67.) 


Bk 


ART. IV.] OF CITY SURVEYORS. 613 


Sec. 232. Keeping of hay, ete., petroleum, ete.—All hay, cotton or 
hemp in bales or in bulk for the purpose of baling, or to be used for manu- 
facturing purposes and also all crude petroleum, naptha, benzine, gasoline, 
or coal oil, held within the fire limits, as defined in this article, shall be kept 
stored in suitable and substantial brick or stone buildings, which shall be 
buildings of first class. Nothing herein contained, however, shall be so con- 
strued as to prevent hay from being kept in stable for immediate use, or 
hay kept in feed stores and baled in quantities in not exceeding five hundred 
bales, or coal oil of the approved State standard (one hundred and ten de- 
grees Fahrenheit), duly inspected, not exceeding ten barrels in quantity, 
from being kept by any person for retailing or jobbing purposes. (/b., see. 
195; corresponds M. C., sec. 69.) 


Sec. 233. Petroleum, ete., stori -etroleum, 
naptha, benzine, gasoline, turpentine, varnish and coal oil shall be stored in 
first-class buildings only, which shall be designated by the Commissioner of 
Public Buildings, and a sign shall be conspicuously placed on the outside 
of all buildings. (Jb., sec. 196; corresponds M. ©., sec. 70.) 


Sec. 234. Petroleum, ete., baled hay, ete., removal from depot. 
—Al]] petroleum or coal oil, naptha, turpentine, gasoline, baled hay, cotton 
and hemp, shall be removed from the respective railroad depots within 
forty-eight hours from the time the same is received at the depot. The pro- 
visions of this section shall not be held to prevent the establishment of 
manufactories of hemp in the City of St. Louis; provided, that the buildings 
for said purpose shall be so constructed as to be buildings of the first-class. 
([b., sec. 197; corresponds M. C., sec. 71.) 


[Sec. 234a. Additional provisions.* | 


*After the enactment of the Revised Code (and hence too late to be incor- 
porated therein) five new sections were added to the building code law, which if 
they had been enacted in time to become part of the Revised Code would appear 
immediately after sec. 234. The above designation “Sec. 234a. Additional Pro- 
visions,” is not a part of the Revised Code, but is inserted as a convenience to 
call attention to the additional ordinance. The ordinance adding these sections 
is No. 23013, approved April ist, 1907, the provisions of which “govern and 
regulate the composition, strength, resistance and use of concrete and re-enforced 
concrete, used in the construction, erection, reconstruction, modification, alter- 
ation and repair of buildings in the City of St. Louis.” See the ordinance set 
out in full in the appendix to the Revised Code. 


CHAPTER 2. 


OF CITY SURVEYORS. 


Sec. 235. Appointment of surveyors —powers 
The Mayor, by and with the approval of the Council, may appoint 
any number of competent persons, who shall be civil engineers, as 
city surveyors, who shall possess all the powers and perform the duties of 
county surveyors, as now provided by the laws of the State of Missouri 
applicable to counties having over one hundred thousand inhabitants. (M. 
C., sec. 254.) 


See Scheme, sec. 16. Competency of survevors as witnesses: Johnson vs. 
Boonville, 85 Mo. App. 199. 


614 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 2-3. 


Sec. 236. Bond.—Each city surveyor so appointed shall give a 
good and sufficient bond to the city in the sum of fifteen thousand dolars, 
conditioned that he will faithfully perform the duties of city surveyor un- 
der said appointment, which bond must be executed by the appointee, and 
at least two good sureties, to be approved by the Mayor and Council, and 
no such bond shall be approved unless each of the sureties thereon be 
the owner of real property assessed at not less than one-half of the amount 
of the bond. (M. C., sec. 255.) 


Sec. 237. Actions on bonds.—Any person who may employ such city 
surveyor, and who may sustain loss or damage by reason of the negligence, | 
incompetency or misconduct of such surveyor, shall be permitted to bring 
an action on the bond of such surveyor in his own name in any court hav- 
ing jurisdiction in the premises; provided, that any such action shall be 
brought within five years after the expiration of the commission of such 
surveyor. (M. C., sec. 256.) 


Action on bond of city surveyor: Haughey L. & U. Co. vs. Joyce, 41 Mo. 
App. 564. 


Sec. 238. Term of office and fees.—The city surveyors so ap- 
pointed shall be commissioned and hold office for the term of four years 
from the respective dates of their respective commissions, and they shall 
be allowed to charge for their services the same fees now allowed to county, 
surveyors by an act entitled “An act to amend chapter twenty-seven of the 
general statutes of the State of Missouri relating to county surveyors,” ap- 
proved March twenty-fifth, eighteen hundred seventy-two. (M. C., sec. 257.) 


CHAP TE ss 
OF CORONER AND MORGUE. 


Article I—Of Coroner. 
II—Of Morgue. 


ARTICLE I. 


OF CORONER. 


See. 239. Qualifications and term of Coroner.—The coroner 
shall possess the qualifications prescribed in section ten, article four, of the 
charter, and he shall be elected by the qualified voters of said city at the 
general election when representatives are elected to the general assembly of 
the state, and shall hold his office for two years, and until his successor is 
duly elected and qualified. (M. C., sec. 258.) 


Sec. 240. Certificate of election.—The register shall give to the 
coroner a certificate of his election, authenticated by the seal of the city. 
(M. C., sec. 259.) 


Sec. 241. Bond.—Before the coroner shall enter upon the duties of his 
office he shall give bond to the State of Missouri in the sum of ten thousand 
dollars, conditioned for the faithful performance of the duties of his office, 


ART. I.J OF CORONER. 615 


which bond shall be approved by the Mayor; said bond shall be signed by 
two or more securities, who shall be holders of unincumbered real estate 
within the city. (M. C., sec. 260.) 


Sec. 242. Vacancy in office, if bond not given—new election. 
—If the coroner neglect to give bond and qualify within twenty 
days after his election his office shall be deemed vacant and the Mayor shall, 
by proclamation, order an election to fill such vacancy for the unexpired 
term thereof, to be held on some day named in such order, not less than 
twenty nor more than thirty days next after the issuing of the proclama- 
tion. (M. C., sec. 261.) 


Sec. 243. Powers and authority.—The coroner shall have and exer- 
cise within the limits of the City of St. Louis all the power and authority 
which, by the general laws and statutes of the State of Missouri, are vested 
in the coroner of the several counties of the state, and also all the power 
and authority which, by special laws applicable to St. Louis county, were 
vested in the coroner of said county, at the time of the separation of said 
county from the City of St. Louis, so far as the same do not conflict with 
the charter of St. Louis, and the said coroner shall be subject to all the 
duties and obligations imposed upon the coroners by the general and special 
laws aforesaid. (M. C., sec. 262.) 


In accordance with the act of May 2, 1877 (amended laws 1893, p. 117). When 
coroner to discharge sheriff’s duties—‘“The coroner shall discharge the duties 
of the sheriff in all cases in which coroners are authorized to discharge those 
duties by law,’ Scheme, sec. 5. The coroner is the proper officer to serve and 
execute all writs and precepts and perform all other duties of the _ sheriff, 
when the latter is for any reason disqualified from performing the duties of 
his office: State vs. Smith, 90 Mo. 37. When the office of sheriff becomes vacant 
by death or otherwise the coroner is authorized to perform the duties thereof. 

2 R. S. Mo. 1899, sec. 10050 (see citations to R. S., this section). 


Sec. 244. Deputies and Constable.—The coroner may appoint two 
deputies and one constable, which latter shall also act as clerk, to be ap- 
proved by the Mayor. They shall hold their positions during good behavior. 
but may be removed for cause by the Mayor or by the coroner at his pleas- 
ure, and their salary shall cease and determine from and after the date of 
removal. The deputies shall take the same oath, possess the powers and 
perform the same duties as the coroner. The coroner shall be responsible 
for all the official acts of his employes. (M. C., sec. 2638.) 


See Laws 1893, p. 117, authorizing the appointment of two deputies. 


Sec. 245. Salaries.—The salary of the coroner shall be at the rate of 
thirty-five hundred dollars per annum. The salary of the deputy coroners 
shall be at the rate of eighteen hundred dollars per annum each, and the 
salary of the constable, also acting as clerk, shall be at the rate of twelve 
hundred dollars per annum. These salaries shall be payable monthly, and 
shall be in full compensation for all services of an official character. (M 
C., sec. 264.) 


Sec. 246. Porter may be appointed—salary.—The coroner 
is hereby authorized, by and with the approval of the Mayor, to appoint a 
porter to perform and render such services in and about the coroner’s office 
as he may from time to time be directed by the coroner to perform, and a 
part of said porter’s duties shall be to maintain the coroner’s office in a 
clean and well-kept condition. Said employment shall be at the pleasure of 


616 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 3. 


the coroner, and for his services the porter shall receive the sum of fifty 
dollars monthly, at the end of each mouth of his employment. (M. C., sec. 
265. ) 


Sec. 247. Location of office—hours.—The office of the cor- 
oner shall be in the city hall building, and shall be open for the transaction 
of business from eight o’clock a. m. to six o’clock p. m. from the first day of 
April to the first day of October, and from nine o’clock a. m. to five o’clock 
p. m. from the first day of October to the first day of April. (M. C., see. 
266.) 


See Charter, IV, sec. 11, and note. 


Sec. 248. Entire time to be devoted to duties of office. 
—-The coroner and his deputies shall devote their entire time during busi- 
ness hours to the duties of their offices, and, failing in this, they shall be 
removed or suspended by the Mayor or Council. (M. C., sec. 267.) 


Sec. 249. Burials.—Whenever an inquest shall be held, if there be 
no friend or relative of the deceased, nor any person willing to bury the 
body, nor any person whose duty it is to attend to such burials, the coroner 
shall procure a cheap, plain coffin and cause a grave to be dug and the body 
to be conveyed thereto and buried. It shall be the duty of the coroner, in so 
doing, to avoid all unnecessary expenses and to render to the Mayor an 
accurate statement of all money expended by him for such purposes, and 
the Mayor shall make to him a reasonable allowance for the actual expenses 
in procuring the coffin, hauling the body to the grave, digging the grave and 
burying the body, and shall certify such allowance to the auditor, who shall 


audit the same and draw his warrant upon the treasurer for the same. (M. 
C., sec. 268.) 


Sec. 250. Dead body in river—compensation for bring- 
ing ashore.—If a dead body be found floating in the river the coroner 
may in his discretion pay to some person, for bringing it to the shore, a 
sum not exceeding two dollars, which shall be allowed to him by the Mayor 
and paid in the usual manner. (M. C., sec. 269.) 


See. 251. Stenographer.—The coroner shall, by and with the ap- 
proval of the Mayor, appoint a shorthand reporter, who shall be paid one 
hundred and fifty dollars a month; and whose term of office shall be co- 
extensive with that of the coroner who appoints him. The appointment 
of the shorthand reporter herein provided for shall be made immediately 
after the coroner qualifies. Said shorthand reporter may be removed at 
any time by the coroner, and when so removed a successor shall be ap- 
pointed, as herein above provided, for the remainder of the term. (M. C., 
sec. 270.) 


See. 252. Same—duties.—It shall be the duty of the shorthand re- 
porter to take all testimony at inquests when and where the coroner re- 
quests him so to do; to furnish typewritten transcripts of such testimony 
for the use of the coroner’s office and the courts in which they may be 
needed; and to do such other shorthand work as may be required by the 
coroner. He shall also furnish certified copies of testimony so taken upon 
the order of the coroner to any citizen who may ask for it, upon payment 
for such copies at a rate of not more than fifteen cents for one hundred 
words. The fee so charged shall be collected by the coroner, who shall at 


ART. II.] OF MORGUE. 617 


the end of each month render to the comptroller a correct account of such 
collections, and shall at the same time pay to the treasurer the amount so 
collected during the preceding month. (M. C., sec. 271.) 


See. 253. Assistants to stenographer. ‘ome nec- 
essary at any time, for the proper control of the coroner’s office, to provide 
assistants to the regular shorthand reporter, the coroner may, with the 
consent of the comptroller, employ temporary assistants for such compen- 
sation as may be fixed by them in advance, not to exceed the rate of fifty 
dollars per month. (M. C., sec. 272.) 

This sec. amended after passage of R. C. by ord. 23117, appr. July 9, 1907. 


Sec. 254. Post-mortem fees.—When a physician or surgeon shall 
be called on by the coroner to conduct a post-mortem examination, the 
Mayor shall be authorized to allow such physician or surgeon a fee, not 
exceeding twenty-five dollars, which shall be paid out of the treasury in the 
usual manner. (M. C., sec. 273.) 

It is discretionary with the Mayor to allow or refuse compensation to the 
coroner under this section; if he refuses to act at all he may by mandamus 


be compelled to do so, but if he passes on the coroner’s claim and refuses to 
allow anything mandamus will not lie: Frank vs. St. Louis, 145 Mo. 600. 


Sec. 255. Inquest— expenses of, coroner 
shall present to the Mayor a certified statement of all the costs and ex- 
penses attending the inquest, including the fees of jurors, witnesses and 
others entitled to fees,for which the city is liable, and he shall give to each 
person a certificate of the amount of fees due him in each case, and the 
Mayor shall cause the same to be audited and allowed without delay, and 
the auditor shall draw his warrant in favor of any person to whom any 
such fees, cost or expenses shall be due, which shall be paid by the treas- 
urer to such person, or upon his order in writing, indorsed on said warrant. 
(M. C., sec. 274.) 


Sec. 256. Inquests and deaths—reports of.—lIt shall be the 
duty of the coroner to report weekly all inquests, and all deaths coming 
within his official knowledge, to the health commissioner. (M. C., sec. 275.) 


Sec. 257. Statement of fees to be filed.—The coroner and 
his deputy shall at the end of every month file in the auditor’s office a de- 
tailed statement, verified by affidavits, of all fees collected or received by 
them respectively during said month, and shall pay the amount thereof into 
the city treasury, taking triplicate receipts therefor, one of which shall be 
filed with the comptroller and the other with the auditor. (M. C., sec. 276.) 


ARTICLE II. 
OF MORGUE.* 
*For statutory authority to establish Morgue see Laws 18738, p. 357; R. S. 1899, 


p. 2563, sec. 9 (State Laws for St. Louis, sec. 399). The Health Commissioner has 
charge of the Morgue: Rev. Code fost sec. 450. 


Sec. 258. Coroner to control morgue.—The Morgue shall be 
under the control and management of the coroner. (M. C., sec. 277.) 


Sec. 259. Coroner to make rules of management. 
oner, by and with the approval of the Mayor, shall make all necessary rules 
for the government of the morgue. (M. C., sec. 278.) 


618 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 3. 


Sec. 260. Morgue, in charge of whom and when to 
be open.—The morgue shall be in charge of the superintendent, appointed 
by the coroner and approved by the Mayor, and shall be open at all hours 
of the day and night for the reception of bodies. The exhibition hall shall 
be open daily from sunrise to sunset, when a body is in the morgue that has 
not been recognized. (M. C., sec. 279.) 


See. 261. Duties of superintendent.—The superintendent shall 
have full charge and control of the morgue building and all property therein 
contained and shall keep a record book in the office of the morgue, in which 
citizens may record the names of missing friends and describe their persons 
and clothing, and give the address to which information respecting them 
may be sent. (M. C., sec. 280.) 


Sec. 262. Exhibition in morgue —length of.— All bodies 
brought to the morgue shall remain, if they are not recognized, in the hall 
of exhibition seventy-two hours, or longer if deemed necessary by the 
coroner. The clothing shall also be exhibited near the body, and shall re- 
main exposed twenty days longer if the body has not been recognized. 
Bodies when identified shall be immediately withdrawn from exhibition and 
placed in a private room, subject to the action of the coroner. (M. C., sec. 
281.) 


Sec. 263. Coroner to report to Health Commissioner.—On the 
first day of each month the coroner shall make a report to the health com- 
missioner, who shall present the same to the board of health at its next 
session, giving the following details: First, date of reception of identified 
bodies; second, name, age, profession or residence of deceased; third, cause 
of death; fourth, mode of death; fifth, hour of death; sixth, place of death; 
seventh, by whom removed; eighth, name of undertaker; ninth, when it can 
be learned, the place where the body has been buried. (M. C., sec. 282.) 


Sec. 264. Statement of bodies not identified.—The coroner 
shall also furnish a statement of bodies not identified, as follows: First, 
a succinct description of the body, and whether male or female; second, 
probable age, and whether white or colored; third, mode of death; fourth, 
place where found. (M. C., sec. 283.) 


Sec. 265. Requisition, on whom made.—The coroner shall 
make requisition on the commissioner of supplies for all articles needed 
for the morgue, but said requisitions must in all cases be first approved by 
the Mayor. Whenever any repairs are needed, the coroner shall make a 
repair requisition on the president of the board of public improvements ; 
said requisitions shall first be approved by the Mayor. (M. C., sec. 284.) 


Sec. 266. Expense accounts to be kept.—The coroner shall 
cause to be kept in suitable books a full and correct account of all the ex- 
penses of the morgue. Before any money is paid the accounts shall be 
examined and approved by the Mayor. (M. C., see. 285.) 


Sec. 267. Assistant and porter.—The coroner, may by and with 
the approval of the Mayor, appoint one assistant and one porter to the 
superintendent. (M. C., sec. 286.) 


CHAP. 4.] OF DAY LABORERS. 619 


Sec. 268. Salaries of superintendent, assistant and porter. 
The salary of the superintendent shall be twelve hundred dollars per annum, 
payable monthly, the salary of the assistant shall be ten hundred dollars 
per annum, payable monthly. The salary of the porter shall be six hundred 
dollars per annum, payable monthly. (Ord. 21161, amendment to M. C., 
sec. 287.) 


CHAPTER 4. 
OF DAY LABORERS. 


Sec. 269. Day’s work of laborer.—From and after the first day 
of April, in the year eighteen hundred and eighty-seven, the period of eight 
hours shall be and constitute a legal day’s work for any person employed 
in any one of the respective departments of the City of St. Louis in the 
eapacity of day laborer. (M. C., sec. 288.) 


Laws similar to this regulating the hours of labor are generally upheld as 
within the police power of the state, provided there is a reasonable ground 
therefor: Holden vs. Hardy, 169 U. S. 366; State vs. Loomis, 115 Mo. 307; and the 
State may enact such laws for public work done in municipalities: Atkin vs. 
Kansas, 191 U. S. 207. But see as to the limit beyond which courts will annul 
provisions interfering with the liberty to contract for hours of labor, the dis- 
cussion in the opinions of the majority and dissenting judges in the recent 
case of Lochner vs. New York, 198 U. S. 45 (holding the New York bakers’ law 
restricting work to ten hours a day, or sixty hours a week, to be void and un- 
constitutional, by a bare majority). 


See. 270. In contracts for city, eight hours constitute day— 
penalty for violation.—All contracts hereafter entered into wherein the 
City of St. Louis is a party, for the doing of any kind of work or labor for 
the City of St. Louis, including work on all public buildings, works and 
enterprises, shall contain the following terms and conditions: A. That the 
men, persons, or laborers who may be employed in the doing, prosecuting, 
or accomplishment of such work done by the contractor with the City of 
St. Louis, or any one under him, or any person controlling the said men, 
persons, or laborers, shall not be required to work more than eight hours a 
day. B. That in case of the violation of such provision of such contracts 
the Mayor shall immediately declare such contracts cancelled and forfeited, 
and the work being done under such contracts shall be relet in the manner 
provided for the letting of such work, and such contractor shall thereafter 
be ineligible to bid upon such work under such reletting, and the difference 
in the cost of doing such work under such contract so cancelled and for- 
feited, and under such reletting, shall be sued for on the bond of such con? 
tractor so violating such contract. (Ord. 16514. See M. C., sec. 288 note; 
also M. C., p. 1003.) 

This ordinance held valid in St. Louis Quarry Co. vs. Frost; 90 Mo. App. 
677, 690, approved in Curtice vs. Schmidt, 101 S. W. 61, 64 (Sup. Ct. March, 1907). 
See note to Charter, sec. 28 of Art. VI. 


As to other conditions in contracts for public work see Rev. Code, sec. 1921. 


620 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 5. 


CHAPTER, 5. 
OF DRINKING FOUNTAINS. 


Sec. 271. Conditions for maintenance of public drinking 
fountains.—From and after the first day of June, nineteen hundred, no 
public drinking fountain, except as hereinafter specified in section 274 
hereof, heretofore erected and now being maintained, shall be continued or 
maintained by any person whomsoever, unless the owner of the lot of 
ground on or in front of which any such fountain is located shall at his own 
cost and expense attach to such fountain an automatic shut-off, satisfactory 
to the water commissioner of the City of St. Louis, which device shall so 
operate that when the bow! or basin of the fountain is full the supply of 
water shall be automatically shut off, and the water shall not again flow 
until a portion thereof, in said bowl or basin, has been withdrawn; and 
upon such automatic shutt-off or device having been attached, to the satis- 
faction of the water commissioner, the said commissioner shall allow water 
to be furnished to said fountain without any charge therefor: Provided, 
however, that said property owner shall first file with the city register an 
acceptance, in writing, of the terms and conditions of this Chapter, in a 
form to be approved by the city counselor, which acceptance shall contain 
an agreement on the part of such property owner to keep the said auto- 
matic shut-off or device in good and suitable condition and repair, and to 
operate said fountain to the satisfaction of the water commissioner, and an 
agreement on his part, that he will, at any time, upon notice from the water 
commissioner, repair the same, and any connection with or attachment to 
said fountain, and that in default of his so doing, or in default of his fail- 
ure to operate said fountain, he will, on five days’ notice from said com- 
missioner, remove said fountain at his own cost and expense, and at his 
own cost and expense will restore the street or public place where said 
fountain may heve been erected, to as good condition as it was in before the 
erection of the same, and to the satisfaction of the street commissioner of 
the City of St. Louis; and upon his failure to comply with such notice, that 
said fountain may be removed and said restoration made by said street 
commissioner, and that said property owner will thereupon pay to the City 
of St. Louis all costs and expenses incurred by said street commissioner. 
to be recovered of him by the City of St. Louis in any court of compefent 
jurisdiction. (Ord. 20075, sec. 1; M. C., p. 977.) 


See. 272. Conditions for erecting public drinking fountains. 
No public drinking fountain shall, after the approval of this chapter, be 
erected in the City of St. Louis except upon the following terms and condi- 
tions, to-wit: First, the owner of any lot of ground in the City of St. Louis 
desiring to erect a public drinking fountain on or in front of his premises 
shall submit to the board of public improvements an application therefor 
accompanied by full and detailed plans and specifications, showing the 
character, form and dimensions thereof, and said board of public improve- 
ments may, if it approves such plans and specifications, grant a permit for 
the erection of such public drinking fountain in conformity with such plans 
and specifications: Provided, that said fountain shall not be erected within 
three hundred yards of any fountain the erection or maintenance of which 
is properly authorized, and that said fountain shall have attached an auto- 
matic shut-off satisfactory to the water commissioner of the City of St. 
Louis, which device shall so operate that when the bowl or basin of the 
fountain is full the supply of water shall be automatically shut off, and the 
water shall not again flow until a portion thereof, in said bowl or basin, 


CHAP. 5.] OF DRINKING FOUNTAINS. 62] 


has been withdrawn. Second, the water commissioner shall allow water to 
be furnished to said fountain without any charge therefor: Provided, that 
before commencing the work of erecting such public fountain, the owner of 
such fountain shall first file with the city register an acceptance, in writing, 
of the terms and conditions of this chapter in a form to be approved by the 
city counselor, which acceptance shall contain an agreement on the part of 
such property owner to erect the fountain within thirty days from date of 
permit, to keep the said automatic shut-off or device in good and suitable 
condition of repair, and to operate said fountain to the satisfaction of the 
water commissioner, and an agreement on his part that he will, at any time, 
upon notice from the water commissioner, repair the same, and any con- 
nection with or attachment to said fountain; and that in default of his so 
doing or in default of his failure to operate said fountain, he will, on five 
days’ notice from said commissioner, remove said fountain at his own cost 
and expense, and at his own cost and expense will restore the street or pub- 
lic place where said fountain may have been erected to as good condition as 
it was before the erection of the same, and to the satisfaction of the street 
commissioner of the City of St. Louis; and upon his failure to comply with 
such notice that said fountain may be removed and said restoration made 
by said street commissioner, and that said property owner will thereupon 
pay to the City of St. Louis all costs, and expenses incurred by said street 
commissioner, to be recovered of him by the City of St. Louis in any court 
of competent jurisdiction. (Jb., sec. 2; M. C., p. 979.) 


Sec. 273. Conditions for discontinuance.—Any person maintaining 
a public drinking fountain, or who may hereafter erect any such, as herein 
provided for, may discontinue the same and remove the same at his own 
cost and expense from the streets and public places of the city, on notice 
to the water commissioner of the city, and by complying with the require- 
ments of the water commissioner in reference thereto, and shall then, in ad- 
dition to all other requirements now or hereafter provided by law, restore, 
at his own cost and expense, the street or public place to as good condition 
as it was before the erection of said public drinking fountain, to the satis- 
faction of the street commissioner, and failing so to do the same shall be 
restored by the street commissioner, and the cost and expense of so doing 
shall be recovered against the person maintaining the same, by the City of 
St. Louis in any court of competent jurisdiction. The same procedure shall 
be had in all cases where the person erecting or maintajning such public 
drinking fountain fails or refuses to comply with the provisions of this 
chapter or with the provisions of any ordinance now existing or that may 
hereafter be adopted relating to public drinking fountains. (J/b., sec. 3; 
pee... 979.) 


Sec. 274. When provisions herein do not apply.—tThe provis- 
ions of this chapter shall not apply to any public drinking fountain 
erected pursuant to the provisions of the following ordinances, to-wit: Ordi- 
nances numbered eleven thousand seven hundred and fifty-two, eleven thou- 
sand eight hundred and seventy-four, thirteen thousand six hundred ard 
sixty-six, fourteen thousand and seventy-nine, sixteen thousand one hun- 
dred and four, sixteen thousand eight hundred and sixty-two, seventeen 
thousand two hundred and twenty-two, seventeen thousand nine hundred 
and thirteen, eighteen thousand and eighty-two, eighteen thousand one hun- 
dred and sixty-one. (Jb., sec. 4; M. C., p. 979.) 


Sec. 275. Humane society may establish.—The Humane Society 
of Missouri is authorized to erect public drinking fountains in the streets 


622 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 5a. 


of the City of St. Louis at such points and upon such plans as shall be ap- 
proved by the board of public improvements; and said fountains, when 
completed and connected with the water-works system, shall thereafter be 
supplied with water by the city; provided, however, that said fountains 
shall not exceed ten in number. -(M. C., sec. 295.) 


CHAPTER 5a. 
OF FACTORY INSPECTION. 


Sec. 276. Appointment of Factory Inspector — employes -— 
qualifications—tenure.—The Mayor shall appoint by and with the con- 
sent of the Council, a factory inspector. Said factory inspector is author- 
ized to employ, by and with the consent of the Mayor, two deputy inspect- 
ors, who shall possess the same qualifications and perform the same duties 
required by this chapter of the factory inspector. The factory inspector, 
shall appoint a clerk, who shall act as collector for the factory inspector, 
and perform such other duties in connection with his office as shall be im- 
posed upon him by the factory inspector. The factory inspector must be a 
resident of the City of St. Louis for at least three years prior to his appoint- 
ment, and over twenty-one years of age. The same qualifications shall apply 
to his deputies and clerk. 

The factory inspector, his deputies and clerk, shail hold their respective 
office for the term of four years, commencing ten days after the passage 
and approval of this ordinance, and until their successors are appointed 
and qualified. (Ord. 20074, sec. 1; M. C., p. 979.) 


See. 277. Full time to be given to duties.—The factory in- 
spector, deputies and clerk shall devote all of their time and attention to 
the duties of their office. (Ord. 20074, sec. 2; M. C., p. 980.) 


See. 278. Powers and duties of inspector and deputies. 
The powers and duties of the factory inspector and his deputies shall con- - 
sist and be the same powers and duties enumerated in sections one, two, 
three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, 
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty- 
two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven and 
twenty-eight of an act passed by the thirty-sixth general assembly of the 
State of Missouri, begun and held at the City of Jefferson, State 
of Missouri, on Wednesday, January the seventh, eighteen hundred 
and ninety-one, which act is entitled, ‘Inspection: health and safety of 
employes,” “An act relating to manufacturing, mechanical, mercantile and 
other establishments and places, and the employment, safety, health and 
work hours of employes,” which said act was approved April twentieth, 
eighteen hundred and ninety-one; also sections one and two of an act en- 
titled, “Labor: child labor,” “An act to restrict the employment of children, 
providing penalties for the violation thereof,’ passed by the thirty-ninth 
general assembly of the State of Missouri, begun and held at the City of 
Jefferson, State of Missouri, on Wednesday, January twenty-sixth, eighteen 
hundred and ninety-seven, and approved on March twenty-third, eighteen 
hundred and ninety-seven: Also an act passed by the thirty-ninth general 
assembly of the State of Missouri, begun and held at the City of Jefferson, 
State of Missouri, on Wednesday, January sixth, eighteen hundred and 
ninety-seven, entitled, “Labor: health of employes,” “An act to amend sec- 


CHAP 5a.] OF FACTORY INSPECTION. 623 


tion fourteen of an act entitled, ‘An act relating to manufacturing, me- 
chanical, mercantile and other establishments and places and the employ- 
ment, safety, health and work hours of employes, ” approved March ninth, 
eighteen hundred and ninety-seven: Also an act passed by the general assem- 
bly of the State of Missouri, begun and held at the City of Jefferson, State of 
Missouri, on Wednesday, January fourth, eighteen hundred and ninety-nine, 
entitled, ‘Labor: sanitary regulations ;” “An act toprohibitthe manufacture 
of wearing apparel, purses, feathers, artificial flowers or other goods for 
male or female wear, in tenement and dwelling houses, except by the imme- 
diate members of the family living therein, and to label the same in certain 
cases; and providing for penalties for the violation of this act,’ approved 
June second, eighteen hundred ninety-nine: Also, an act passed by the 
fortieth general assembly of the State of Missouri, begun and held at the 
City of Jefferson, State of Missouri, on January fourth, eighteen hundred 
and ninety-nine, entitled, “Labor: Sanitation and hours of labor in bakeries 
and confectionery establishments,” “An act to prescribe the hours of labor 
and sanitary conditions to be observed in bakeries and confectionery estab- 
lishments; to provide penalties for the violations of this act; and to appeal 
[repeal] sections seventeen and eighteen of an act, approved April twen- 
tieth, eighteen hundred and ninety-one, entitled, ‘An act relating to manu- 
facturing, mechanical, mercantile and other establishments and places, and 
the employment, safety, health and work hours of the employes,” approved 


+) 


May twenty-ninth, eighteen hundred and ninety-nine.’ ”’ (Ord. 20074, sec. 3; 
Dee, Pp. You.) 


See these State statutes as follows: Laws 1891, p. 159, being R. S. 1899. 
Art. XVII of Chap. 91, secs. 6431-6456; R. S. 1899, secs. 2189-2190, 73. 6444: Laws 
1899, p. 275; Laws 1899, p. 274. Under sec. 6431 supra it is made “the duty of the 
public authorities of each city” of 5,000 inhabitants or over to provide for factory 
inspection. This was passed in 1891 and the ordinance in pursuance of the legis- 
lative mandate was not enacted until 1900, when the ordinance above was passed. 
In 1901 the state legislature without expressly repealing the act of 1891 in whole 
or in part, and ignoring any existing ordinance in pursuance thereof, enacted a 
new law: Laws 1901, p. 197 (amended by Laws 1907, p. 326). The new law creates 
the office of State Factory Inspector, requiring him to inspect ‘‘all factories and 
enforce all laws relating to factory inspection,” ete., including ‘‘any lawful munici- 
pal ordinance or regulation relating to factories or their inspection.’’ Much con- 
fusion arose by this dual system of city and state inspection, and the municipa! 
inspection has been for some time suspended. The State Factory Inspector's 
Law was sustained as valid in State vs. Vickens, 186 Mo. 103. 


Sec. 279. Establishments to be inspected.— All manufacturing. 
mechanical, mercantile and other establishments and places embraced with- 
in the state laws heretofore referred to, shall be inspected at least twice in 
each year, at intervals of six months, or oftener if necessary, and as often 
as it is deemed necessary by the factory inspecter to prorerly enforce the 
provisions of the state laws herein embodied. Such inspections shall be 
inade by the factory inspector, or one of his deputies, whose duty it shall 
be to enforce the acts of the general assembly of the State of Missouri, here- 
inbefore referred to. (Jb., sec. 4; M. C., p. 980.) 


Sec. 280. Certificate and inspection fee.—The factory inspector 
shall issue a proper certificate to the party in charge of each factory in- 
spected by him or his deputies, whenever he shall find that they have com- 
plied with the requirements of the state laws hereinbefore referred to. He 
Shall collect a fee of one dollar for every inspection made by him or one of 
his deputies, whether he issues a certificate or not, all of which fees must 
be ee by the factory inspector into the city treasury. (Jb., sec. 5; M. C.. 
D. ) 


624 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 6. 


Sec. 281. Salaries.—The factory inspector shall receive, as full com- 
pensation for his services, a salary of eighteen hundred dollars per annum, 
and each of his deputies shall receive a salary of twelve hundred dollars per 
annum, and the clerk shall receive a salary of one thousand dollars per 
annum. (Jb., sec. 6; ib.) 


Sec. 282. Bonds.—The factory inspector shall give a bond to the City 
of St. Louis in the penal sum of five thousand dollars, with two or more 
sureties, to be approved by the Mayor and Council, conditioned for the faith- 
ful and impartial performance of the duties of his office, and that he will 
fully account for and pay into the city treasury all moneys received by him, 
as herein provided. The deputy inspectors and the clerk appointed under 
the provisions of this chapter, shall each give a bond in the penal sum of one 
thousand dollars, with the same conditions that are required of the factory 
inspector, and subject to the approval of the Mayor and Council. (J/b., 


sec. 73.10.) 


Sec. 283. Reports of inspection.—Besides making the reports re- 
quired by the state laws, hereinbefore referred to, to the labor commissioner, 
the factory inspector shall make semi-annual reports to the comptroller of 
the City of St. Louis, which report shall contain a full and complete list 
of all manufacturing, mechanical, mercantile and other establishments and 
places, in the City of St. Louis, showing the ones which he has inspected, 
and those he has not inspected, with a record of all fees collected by him. 
(Pb 58eC 786 203) 


Sec. 284. Office to be provided in city hall.—The factory 
inspector shall be provided with an office in the city hall, suitably furnished, 
including all blanks and stationery needful for his official duties. (J0., 
sec. 93 ih.) 


CHAPTER 6. 
FIRE DEPARTMENT.* 


*Charter provisions, Art. XI, secs. 1-5. The duty imposed by sec. 5 of Art. 
XI on the chief to inspect buildings in course of construction was transferred 
by ordinance (under Chart., Art. III, sec. 32) to the Building Commissioner, 
Re OvrEsecwmaites 


9 


Charter authority for engine houses, Art. III, sec. 26, clause 3. 


Sec. 285. Composition of fire department—where stationed, 
ete.—The fire department shall consist of a chief, one first assistant chief and 
nine [eleven] district assistants, one secretary, one assistant secretary, one 
master mechanic, [two hostlers for horse hospital], and such number of 
engineers, Captains, men and employes as herein provided. Each company 
located in the district bounded south by Park avenue, north by Howard 
street, west by Jefferson avenue and east by the river, shall consist of one 
captain, one lieutenant, one engineer, one fireman, two drivers, and five 
[six] pipemen. [ach company located in any of the territory not included 
in the district above bounded shall consist of one captain, one lieutenant, 
one engineer, one fireman,.two drivers and two [three] pipemen. All hook 
and ladder companies in the district bounded above shall consist of one 
captain, one lieutenant, [one driver] and eight men, and all hook and lad- 
der companies outside of said district shall consist of one captain, one lieu- 
tenant, [one driver] and seven men. There shall be one watchman for each 


CHAP. 6.] OF FIRE DEPARTMENT. 625 


engine house in the city, and whenever there are double or adjoining houses 
used by the department, the watchman’s duties shall extend thereto; the 
watchmen shall be disabled or old firemen, if there be such in the depart- 
ment. There shall be two firemen in the service of the fire department, to 
be stationed at each of the following institutions: City Hospital, Emergency 
Hospital No. Two, Insane Asylum, Poor House, Hospital for Females and 
the House of Refuge (now St. Louis Industrial School). One of the two men 
so designated and stationed at each of said institutions shall be on duty dur- 
ing the day and the other during the night, so that one man shall be on 
duty at all times. There shall be two men to each fuel wagon necessary. The 
master mechanic shall have had at least three years experience in the St. 
Louis fire department and shall have been a resident of the city at least five 
years, and shall be a licensed engineer of the city and a practical mechanic. 
The master mechanic shall have charge of the repairs of all apparatus of 
the department and shall see that same is kept in perfect order. (Ord. 
22278 and 22809, amending 22023, sec. 296.) 


Those portions of the above section that are enclosed in brackets were not 
passed as a part of the Revised Code but were enacted in an amendment to the 
section by ordinance 22809, approved Feb. 18, 1907, which was passed after the 
Rev. Code was submitted to the assembly and before its enactment. (See appendix 
for ord. 22809 as enacted.) The section as in the Revised Code apparently was 
intended to cover the provisions (amongst others) of ordinance 20428 providing 
for employment of ten additional (then) firemen and the placing of two men at 
each of five public institutions, all of which are provided for in the above 
ordinance (see sec. 288 below). Ord. 22023 amended 20801 and 21405, which 
airected, MonC.. secs. 296;/298)) 311313. 


Sec. 286. Chief—qualifications, bond, compensation.—The chief 
of the fire department shall have had at least five years’ experience in the 
St. Louis fire department, and shall have been a resident of the city for at 
least two years; shall give bond to the City of St. Louis in the sum of ten 
thousand dollars, with ‘two or more good and sufficient securities, to be ap- 
proved by the Mayor and Council, for the faithful performance of his duty, 
and shall receive in full compensation for his services the sum of four thou: 
sand dollars per annum, and shall hold his office for the term of four years, 
except as otherwise provided in the charter. (M. C., sec. 297.) 


See Charter, Art. XI, sec: 1. 


Sec. 287. Assistants and employes—qualifications and salar- 
ies.—The first assistant to the chief shall receive as full compensation for his 
services the sum of one hundred and seventy-five dollars per month. The 
nine [eleven] other assistants shall receive for their services the sum of one 
hundred and sixty-six dollars and sixty-six cents per month, and all [other | 
assistants shall have had at least three years’ experience in the St. Louis 
fire department, and have been a resident of the city for at least five years. 
The secretary shall receive as full compensation for his services the sum of 
one hundred and fifty dollars per month. The assistant secretary shall re- 
ceive as full compensation for his services the sum of one hundred and fif- 
teen dollars per month. The master mechanic shall receive as full compen- 
sation for his services [the sum of] one hundred and sixty-six dollars and 
sixty-six cents per month. Captains of each company shall receive as full 
compensation for their services the sum of one hundred and fifteen dollars 
per month. Lieutenants of each company shall receive as full compensation 
for their services the sum of one hundred and five dollars per month. En- 
gineers shall receive as full compensation for their services the sum of one 
hundred and ten dollars per month. All other members of the department, 
except hospital firemen, watchmen, [and hostlers] shall receive as full com- 


626 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 6. 


pensation for their services the sum of ninety-five dollars per month; pro- 
vided, however, that new men appointed to the department shall for the first 
six months’ service receive seventy dollars per month, and for the second 
six months eighty dollars per month. Hospital firemen shall receive as full 
compensation for their services the sum of eighty dollars per month. Watch- 
men shall receive as full compensation for their services the sum of eighty 
dollars per month, provided, however, that watchmen shall be selected from 
disabled men, or others who have served on the department, if such can be 
found, and as to those appointed watchmen, without such experience, the 
monthly salary shall be sixty dollars. [Hostlers shalt receive as full com- 
pensation for their services the sum of sixty dollars per month.] (Ord. 
22278 and 22809, amending ord. 22023 and M. C., sec. 298.) 


As to duties of firemen at the public institutions named, see infra next section; 
as to salaries of fire telegraph department see R. C., sec. 318. Those portions 
of the above ordinance (see. 287) which are enclosed in brackets constitute 
amendment enacted by ordinance 22809, approved Feb. 18, 1907, and are not 
part of, or incorporated in the Revised Code as enacted, because the said amend- 
ing ordinance was enacted after the Revised Code was submitted to the assembly, 
though before its passage. (See appendix for ord. 22809 as enacted, in full.) 


Sec. 288. Firemen at city institutions.—[The men detailed 
at the city institutions named in section 285] shall guard against 
the dangers of fire at said institutions, and prepared in the 
event of fire to combat the same, with the assistance of the employes of the 
institution, until the arrival of the proper officers of the fire department. 
In order to render the assistance of the firemen detailed for the service 
aforesaid as efficient as possible, it shall be their duty to drill the employes 
of said various institutions, from time to time, and to instruct them as to 
their respective duties in case of fire. (Ord. 20428.) 


Ordinance 20428 did not include Emergency Hospital No. 2, not then in 
existence, but that institution is included in the new ordinance above, appearing 
as sec. 285. 


Sec. 289. Chief—powers and duties.—The chief of the fire de- 
partment shall have the superintendence and control of all engines and en- 
gine-houses, hose carriages and fire and life saving apparatus of every de- 
scription belonging to the city; shall, by and with the consent of the Mayor, 
make such rules for the regulation of the department as may be necessary, 
and shall, when deemed expedient, recommend to the comptroller the sale 
or disposal of all horses, mules, etc., or any fire or life saving apparatus 
belonging to the city which may be unserviceable or not in use, and pro- 
ceeds of all such sales, ete., shall be paid by the comptroller into the city 
treasury, taking the treasurer’s receipt therefor, and a copy of the same 
shall be given to the chief of the fire department, and a copy filed in the 
comptroller’s and auditor’s office. And the chief of the fire department 
shall, in case of emergency, with the approval of the Mayor, purchase or 
hire such horses and mules as may be necessary for the department, and 
shall, with the approval of the Mayor, recommend to the commissioner of 
' Supplies the purchase of all forage and other supplies necessary for the de- 
partment, and the purchase of engines and other apparatus for the extin- 
guishment of fires and saving of lives, to such extent as appropriations may 
be made therefor by ordinance. He shall take into consideration and report 
all matters relating to the fire department and to the property of the city 
connected therewith, and shall annually make to the Mayor a full and com- 
plete report of the condition of the department, giving in such report a list 
of the fires in the city for the year next preceding, the number of false 


CHAP. 6.] OF FIRE DEPARTMENT. 627 


alarms, the estimated amount of property destroyed, and such other sta- 
tistics in relation to losses, insurance and the causes of fires as he may be 
able to procure, and such other information and suggestions in relation to 
the fire department as may be necessary. (M. C., sec. 299.) 

Charter authority to enact ordinance to purchase horses, mules, etc, and recom- 


mend purchase of supplies, ete, as herein provided, see Charter, Art. XI, 
sec. 2. 


The duty imposed upon the chief by Charter, Art. XI, sec. 5, to inspect build- 
ings, etc., has been conferred (by authority of Charter, Art. III, sec. 32) upon 
the Commissioner of Public Buildings: See Rev.. Code, sec. 27. 


Sec. 290. Same subject—disputes—A11 disputes and controversies 
arising in relation to any matter connected with the department among any 
of its companies, officers or members, when on duty, shall be summarily 
decided by the chief of the fire department, or, in his absence from the place 
of difficulty, by the officer in command. He shall attend all fires that may 
occur in the city, as. far as practicable, and all orders given by him to any 
company of firemen shall be promptly obeyed. It shall be his special duty 
to see that the provisions of this chapter and all ordinances relating to the 
department are regularly and strictly enforced. (M. C., sec. 300.) 


Sec. 291. Office to be in city hall—hours.—tThe chief of the fire 
department shall establish his office in the city hall, which office shall be 
kept open at all hours of the day and night. (M. C., sec. 301.) 


Sec. 292. Duties of assistant.—The assistants to the chief of the 
fire department shall discharge such duties as may be prescribed by the 
chief of the fire department, and in case of the absence or inability of the 
chief of fire department to act, all duties devolved by ordinance upon that 
officer shall be discharged by the senior assistant present for duty. (M. 
C., sec. 302.) 


Sec. 2938. Duties of secretary.—The secretary of the fire depart- 
ment shall have charge of all books and records of the department. He 
shall keep a correct and separate account with each engine and truck com- 
pany of the department, of all expenses and repairs belonging thereto, and 
shall discharge such other duties as may be prescribed by the chief of the 
fire department. He shall prepare all pay rolls of the department, which, 
when approved by the chief, he shall transmit to the auditor, who shall 
draw his warrant for same and charge it to appropriation for fire depart- 
ment. (M. C., sec. 303.) 


Sec. 294. Qualifications of members.—No person under twenty- 
one or over forty-five years of age shall be hereafter appointed as a mem- 
ber of the fire department, and no person shall be appointed who is not a 
citizen of the United States and a resident of the city for at least two years 
preceding his application for appointment; but nothing in this section 
shall be so construed as to include the present members of the present fire 
department. (M. C., sec. 304.) 


Sec. 295. Uniforms prescribed.— Every member of the fire depart- 
ment shall at all fires wear a fire hat, according to his rank, or position, 
and at all times when on duty he shall wear a shirt of uniform color, 
with some distinguishing badge by which he can be distinguished as a 
member of the St. Louis fire department, it being understood that the 
articles enumerated in this section be furnished by the members at their 
own cost and expense. (M. C., sec. 305.) 


628 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 6. 


Sec. 296: Police power of chief and assistants.—The chief 
of fire department and assistants shall have the same police powers at all 
fires as the chief of police, and may command such assistance from the 
inhabitants of the city for the suppression or extinguishing of fires as may 
be required; they shall have power to order any company, fireman or other 
“person away from the neighborhood of a fire. Any person refusing to 
comply with such order shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, be fined not less than five nor more than twenty dollars. 
(M. C., sec. 306.) 


See Charter, Art. XI, sec. 38. 


Sec. 297. Vehicles not to pass over hose.—Whenever any 
hose of the fire department is laid upon any street or alley for the purpose 
of being used by the department, it shall not be lawful for any wagon, 
dray, street railroad car, or any other vehicle to pass over the same. The 
owner or driver-of any wagon, dray, street railway car, or any other vehi- 
cle, who shall drive or cause the same to be driven over said hose shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, before 
either of the police justices, shall be fined not less than five nor more than 
twenty-five dollars; but nothing in this section shall be so construed as 
to prevent street railroad cars from crossing said hose, when laid across 
their track or tracks, provided they use a truck or jumper, so as not to 
injure the hose of the fire department. (M. C., sec. 307.) 


‘ 


Sec. 298. Drill requir is hereby made the duty of the chief 
of the fire department to cause the men of the hook and ladder companies, 
and the Skinner fire escape, to be drilled in the duties of the same at 
least once each week, and oftener if necessary. (M. C., sec. 308.) 


Sec. 299. Other drills requir All the members vf the hook 
and ladder companies, numbers three and four of the fire department, shall 
be organized, instructed and drilled for at least two hours each day, except 
Sundays and legal holidays, until they become proficient, and then from 
time to time as the chief may direct, in the handling and practical use of 
the scaling ladders, belt hooks, ropes, canvas life-saving tubes, gripsacks, 
and other appar atus of the Pompier system of life and property Saving at 
fires. (M. C., sec. 309.) 


Sec. 300. Drill master to be pr The chief shali at all 
times provide for one of each company to act as the drill master of his 
company, who shall take the lead at drills and fires in the absence of the 
instructor. (M. C.,’sec. 312.) 


301. Right of way to fires.—All fire apparatus shall have 
the right of way upon any street, avenue, or highway when going to any 
alarm of fire; any person or persons, owners, drivers, conductors, or en- 
gineers of any buggy, wagon, carriage, cabriolet, barouche, street car, 
street railroad car, steam railroad car, or other vehicle, propelled by hand, 
horse or steam power, who shall carelessly, wantonly, maliciously or other- 
wise obstruct or intercept the right of way,of the fire apparatus of the 
city while going to a fire, shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be fined in either of the police courts of the 
city in a sum not less than five nor more than twenty dollars. The chief 
of police is hereby directed to cause copies of this section to be printed 


CHAP. 6.] OF FIRE DEPARTMENT. 629 


and placarded in at least twelve conspicuous places in each police district, 
and a copy of the same sent to the office of every street and steam railroad 
company in the city. (M. C., sec. 314.) 


Sec. 302. Claims for damages, how paid.—<Al]] claims for dain- 
ages to property occasioned by the fire department shall be presented to 
the chief of the said department, whose duty it shall be to examine them, 
and, if found correct, said officer shall, where the amount is not more than 
fifty dollars, present them to the mayor for approval. If approved by the 
mayor, the chief of the fire department shall certify said approved claim 
to the auditor, who shall thereupon draw his warrant for the amount of 
said claim in favor of the party or parties entitled thereto, charging the 
same to the fund for the fire department. (M. C., see. 315.) 

The city is not liable for damages occasioned by the carelessness of its em- 
ployes of its fire department in the ordinary discharge of their duties, nor for 
defectiveness or insufficiency of machinery used in extinguishing fires. The cre- 
ation of the fire department is not for the peculiar benefit of the municipality but 
of the public; the officers are not agents of the city in the sense that renders 
the city liable for their acts: Heller vs, Sedalia, 53 Mo. 159; McKenna vs. St. 
Louis, 6 Mo. App. 320. 


Sec. 303. Payments of salary during sickness.—In case any 
member of the fire department is prevented by injury or sickness caused 
by his service in the department from performing his duty therein he shall 
receive the salary and compensation allowed him by law during such dis- 
ability and sickness; provided, he produces the certificate of the chief of 
the fire department and the assistant in charge of the district in which 
such member is employed that he is unable to work from the cause afore- 
said; provided, no such compensation shall be allowed unless approved 
by the mayor; and provided further, that such payment shall not continue 
longer than a period of six months. (M. C., sec. 316.) 


See. 304. Crippled and disabled firemen.—The City of St. Louis 
hereby accepts the terms and conditions of an act of the General Assembly 
of the State of Missouri, entitled, “An act to provide for the creation, 
maintenance and management of funds for the pensioning of crippled, dis- 
abled and retired firemen, and for the relief of the widows, minor children 
and dependents of the deceased firemen, and retirement from service of 
members of the fire department and the pensioning of members, their 
widows, minor children and dependents in all cities in this State, which 
now have or which hereafter acquire a population of more than one hun- 
dred thousand inhabitants,” (approved March twenty-third, nineteen hun- 
dred and three) and agrees to be bound by the same, and it hereby sets 
apart one per centum of all revenue received for municipal purposes after 
the beginning of the next fiscal year, which may be derived by the city from 
licenses, as a fund pursuant to the terms of said act. (Ord. 21467, sec. 1, 
amendment. ) 

Refers to Laws 1903, p. 87. See “Laws Specially Relating to St. Louis,” 


ante pp. 157-160, being Chapter X; see also Const. Mo., Art IV, sec. 47, which 
authorized the statute. 


Sec. 305. Right to repeal or amend reserved.—The Municipal 
Assembly reserves the right to amend or repeal the preceding section at any 
time hereafter. (Jb., sec. 2.) 


630 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 7. 


CHAPTER 7. 
FIRE AND POLICE TELEGRAPH DEPARTMENT. 


See. 306. Signal of alarm of fire.—All alarms of fire shall be 
signaled to the proper departments of the City of St. Louis by means of 
the fire alarm telegraph system of said city, the central station or office of 
which shall be located in the city hall until otherwise directed by the 
Municipal Assembly or mayor. (M. C., sec. 318.) 


Sec. 307. Superintendent.—The fire alarm telegraph system shall 
be under the control and supervision of a superintendent of fire and police 
telegraph, who shall have the entire care and management of the rooms, 
apparatus and machinery of said system and be responsible for the constant 
good repair and working of the same. (M. C., sec. 319.) 


Sec. 8308. Same, bond of.—Such superintendent shall be required 
to give a good and sufficient bond, to be approved by the mayor and coun- 
cil, in the sum of five thousand dollars, to the city for the faithful perform- 
ance of his duties. (M. C., sec. 320.) 


Sec. 309. Appointment of assistants and employes.—The su- 
perintendent of the fire and police telegraph department shall, by and with 
the approval of the mayor, appoint one chief operator, three operators, 
three assistant operators, three fire alarm inspectors, one chief telephone 
inspector, two telephone inspectors, three telephone operators, one chief of 
construction, three line repairers and one batteryman, to be under his 
control and direction, and in like manner from time to time he is duly 
authorized to fill any vacancy that may occur in that number of resigna- 
tion, dismissal or otherwise. (M. C., sec. 321.) 


Sec. 310. Oath of employes.—The operators, inspectors, chief of 
construction, the repairers and batteryman, before entering upon their 
duties, shall be qualified by oath that they will faithfully perform, to the 
best of their ability, the duties of their respective offices and observe the 
ordinances of the City of St. Louis. (M. C., sec. 322.) 


See. 311. Control and direction of duties of operators, ete. 
—The said superintendent shall have control and direct the duties of the 
operators, repairers and batteryman, have power to suspend or discharge 
them for neglect or violation of rules and regulations; provided, any oper- 
ator, repairer or batteryman so suspended or discharged shall have the 
right to appeal to the mayor, whose decision in the premises shall be final. 
(M. C., sec. 323.) ° 


Sec. 312. Superintendent—control and power.—The superin- 
tendent of fire and police telegraph shall have the entire control of all the 
poles, line wire, telephones, signal stations and all appurtenances of said 
telegraph system, and may make such improvements and alterations as to 
him may seem proper, providing no extra expense is incurred further than 
can be met by the said telegraph system, and such expense shall be paid 
out of the annual appropriation of said telegraph department, and in case 
of damage or destruction of signal stations, poles, line wire, etc., bv 
lightning, storms of any kind, or by the natural wear of the wires or poles, 
which may disable or interfere with the proper working of the system, 
it shall be the duty of said superintendent to cause said damage to be 


CHAP. T.] OF FIRE AND POLICE TELEGRAPH DEPARTMENT. 631 


repaired in the shortest possible space of time, and it shall also be the 
duty of said superintendent to employ, with the approval of the mayor, 
as much extra labor as he may see proper to expedite the making of said 
necessary repairs. (M. C. sec. 324.) 


See. 313. Records to be kept.—The said superintendent shall keep 
at the central office a record of all his official transactions, and a correct 
systematic account of all moneys, both receipts and expenditures. He 
shall also cause to be made by the operators on duty a correct record of 
the exact time, date and number of stations from whence alarms of fire are 
received. (M. C. sec. 325.) 


Sec. 314. Superintendent—authority of, to erect poles.—The 
said superintendent is hereby authorized to erect and maintain a line or 
lines of telegraph poles for the use of the city and in the interest of said 
fire alarm and police telegraph department, upon any street or streets of 
the said city, and shall have the power to excavate for the same, providing 
he shall cause said poles to be set in the sidewalk and within one foot of 
the outer margin thereof, and that. he will not violate such ordinances as 
may exist in that relation as applied to, or under, the department of the 
street commissioner. (M. C. sec. 326.) 


Sec. 315. Fire alarm—whose duty to give.—It shall be the 
duty of the members of the police department and holders of keys to the 
fire alarm signal stations immediately on the discovery of a fire to com- 
municate the fact to the central office of the fire alarm telegraph, by pull- 
ing the hook provided for that purpose, in the nearest fire alarm box to 
the fire; also that such person giving an alarm shall remain at the box 
from whence he signaled the alarm until the arrival of the fire depart- 
ment, when it shall become his duty to direct said department to the 
locality of the fire. (M. C. sec. 327.) 


Sec. 316. Tampering with signal boxes prohibited.—No per- 
-son or persons shall open any of the signal boxes connected with the fire 
alarm telegraph system for the purpose of giving a false alarm, or pull 
the hooks therein, except in case of fire, or tamper, meddle, or interfere 
in any way with said boxes, or any part thereof, by cutting, breaking, in- 
juring or defacing the same, or interfere in any way whatsoever with the 
machinery, apparatus, line wire, poles, or brackets, or in fact anything con- 
nected with any part of said fire alarm and police telegraph department, 
nor connect the same by any means so as to interfere with the proper 
working of said system, or with intent so to do. Any person or persons 
who shall be guilty of a breach of any of the provisions of this chapter 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be 
fined not less than twenty-five nor more than two hundred and fifty dollars. 
If any person intrusted with a key to the signal boxes shall knowingly make 
or cause to be made an impression or copy of said key, except by written 
order of the superintendent of said department, such person shall be 
deemed guilty of a misdemeanor. (M. C. sec. 328.) 


See. 317. Superintendent—rules to be adopted by.—The su- 
perintendent, .with the approval of the chief of the fire department, shall 
adopt such rules and directions for signaling alarms of fire to the various 
departments of the city not herein provided for, and have the power to 
alter and change the same from time to time; all of which rules, regula- 


632 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 8. 


tions and changes shall be binding upon all persons connected with said 
department, after a copy of the same shall have been placed on file in the 
office of the chief of the fire department and the city register and pub- 
lished in the same manner as ordinances of the city are published; provided, 
that the municipal assembly shall at all times have the power to alter, 
amend or annul the same. (M. C., sec. 329.) 


Sec. 318. Salaries. — The compensation of the superintendent for 
his services shall be at the rate of twenty-four hundred dollars per annum; 
the compensation of the chief fire alarm operator for his services shall be 
at the rate of eighteen hundred dollars per annum; the compensation of 
the three fire alarm operators for their services shall be at the rate of 
twelve hundred dollars per annum each; the compensation of the three 
assistant fire alarm operators for their services shall be at the rate of 
nine hundred dollars per annum each; the compensation of three fire alarm 
inspectors for their services shall be at the rate of twelve hundred dollars 
per annum each; the compensation of the chief telephone inspector for his 
services shall be at the rate of thirteen hundred twenty dollars’ per 
annum; the compensation of the two telephone inspectors for their services 
shall be at the rate of twelve hundred dollars per annum each; the com- 
pensation of the three telephone operators for their services shall be at the 
rate of six hundred dollars per annum each; the compensation of the 
chief of construction for his services shall be at the rate of ten hundred 
eighty dollars per annum; the compensation of the three line repairers for 
their services shall be at the rate of nine hundred dollars per annum each; 
the compensation of the batteryman for his services shall be at the rate 
of nine hundred dollars per annum; all salaries shall be paid monthly. (M. 
C., sec. 330.) 


As to salaries of employes in the fire department see R. C., sec. 287. 


Sec. 319. Horse and buggy for superintendent.—A horse and 
buggy shall be allowed to the superintendent of fire and police telegraph, 
to be acquired and maintained at the cost of the city, the cost of said horse 
and buggy not to exceed four hundred dollars. (M. C., sec. 331.) 


CHAPTER 8. 
OF FIREWOOD AND CHARCOAL.* 


*In connection with this chapter see Chapter 40, secs. 2531-2599, containing 
numerous provisions as to certificates, weighing, scales, inspections, fees, weights, 
measures, penalties, ete. 


See. 320. Firewood—how arranged on vehicles.—All firewood 
brought to this city, otherwise than by water, for sale, shall be brought 
in vehicles which shall be open at the sides in such manner as to permit 
the officer charged with the measurement thereof to examine the same with 
accuracy. (M. C., sec. 332.) 


See. 321. Firewood to be measured.—Before any firewood brought 
to this city in vehicles shall be sold the person bringing the same shall 
cause it to be measured by some of the weighers of hay and stone coal, and 
receive from him a certificate of the quantity. The certificate aforesaid 


CHAP. 8.] OF FIREWOOD AND CHARCOAL. 633 


shall state the number of feet contained in such load, and the number 
of cords or parts of cords the measured quantity constitutes, (Diy (3. Be; 
aad. ) 


Sec. 3822. Duty of measurer. making such measurement it 
shall be the duty of the officer to examine carefully the manner in which 
the wood is piled in the vehicle, and make a suitable deduction for loose 
and improper piling, and for crookedness and unevenness of the wood. (M. 
©., sec. 334.) 


Sec. 323. Name to be given.—No certificate shall be given by 
a weigher of hay and stone coal until the person applying for measure- 
ment of wood shall give his name to that officer. (M. C., sec. 335.) 


Sec. 324. Load certified not to be diminished.—No person, 
after having a load or quantity of wood measured and received a_ certifi- 
cate as aforesaid, shall, before sale thereof, diminish the quantity thereof. 
(M. C., sec. 336.) 


Sec. 325. Certificate to be delivered to purchaser.—Any 
person bringing wood to this city in a vehicle, and after having the same 
measured as hereinbefore provided, making sale thereof, shall deliver the 
certificate received by him as aforesaid to the purchaser, who shall retain 
and in no case redeliver the same to the vendor. (M. C., sec. 337.) 


Sec. 326. Fees. — The weighers of hay and stone coal shall be en- 
titled to charge for each certificate delivered by them as aforesaid five 
cents, which shall be paid on the delivery thereof by the person having the 
wood measured. (M. C., sec. 338.) 


See. 327. Cord—computation of.—In all measurements of wood 
under this chapter a cord shall be computed at the rate of eight feet 
in length, four feet in breadth and four feet in height, well stored and 
packed, and parts of cords shall be computed in the same proportion. (M. 
C., sec. 339.) 


Sec. 328. Blanks to be fur city register shall 
furnish to each weigher of hay and stone coal printed blank forms for cer- 
tificates, to be used by them as provided and required herein; and the 
register shall likewise furnish each weigher of hay and stone coal with a 
sufficient number of printed copies of this chapter so that a copy thereof 
may be delivered to each person bringing firewood to the city for sale. 
(M..C., sec. 340.) 


Sec. 329. Yard-keeper: very 
person keeping a wood yard and selling Wood in small ees shall de- 
liver to the purchaser thereof a ticket, setting forth the quantity so sold in 
cords and fractional cords, and shall deliver the quantity set forth in said 
ticket. Any person delivering a less quantity than set forth in said ticket 
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, 
shall be fined in a sum of not less than ten nor more than one hundred dol- 
lars. (M. C., sec. 341.) 


Sec. 330. Certificate of measurement to be giv ; 
weigher shall give a certificate of measurement, which shall truly state 
quantity as directed in section 821, and shall charge no more nor less than 
fees allowed by the provisions of this chapter. (M. C., sec. 342.) 


Sec. 331. Charcoal—how measured, —All charcoal brought into 
this city and offered for sale shall be measured by the bushel, and all bas- 
kets or other vessels in which said charcoal is measured shall be inspected 


634 REVISED CODE OR GENERAL ORDINANCES. [CHAP., 9. 


by the inspector of weights and measures, and by him stamped or marked 
to be correct; and said inspector shall be entitled to a fee of fifteen cents 
for each basket or other vessel so inspected by him. (M. C., sec. 348.) 


Sec. 332. Measures to be inspected.—Every person who sells or 
offers for sale any charcoal in this city shall have his basket or other vessel 
with which he measures the same inspected as provided in the preceding 
section. (M. C., sec. 344.) 


Sec. 333. Penalty.-—-Any person who shall violate or fail to comply 
with any of the provisions or obligations contained in this chapter shall 
be deemed guilty of a misdemeanor, and, upon conviction thereof, except 
as otherwise provided for, shall be fined not less than five nor more than 
twenty dollars. (M. C., see. 345.) 


GHAPTPER 9: 
OF GAS, INSPECTION OF.* 


*Hor Charter authority see Chart., Art. III, sec. 26, clause 7. 


Sec. 334. Meter— when to be _ tested.—It shall be the duty 
of supervisor of city lighting, upon the written resuest of any gas consumer 
to have the meter supplying him with gas tested, to call at the residence 
or place of business of the consumer and disconnect the meter from the 
service pipe of the gas company supplying gas through the said meter, and 
bring the same to the place for testing meters, and the said supervisor shall 
thereupon prove and test the meter to ascertain its accuracy; and, in the 
event of the meter proving accurate within the meaning of this chapter, the 
consumer is required to pay to the supervisor the sum of one dollar for such 
inspection. The supervisor shall give a receipt therefor, countersigned 
by the city register, and pay such collections every Saturday of each week 
into the city treasury. And if the meter prove incorrect, the consumer is 
to be at no expense for the said testing; and the supervisor is thereupon 
required to immediately notify the gas company of the inspection, in writ- 
ing, stating the percentage of inaccuracy, and order the placing of a cor- 
rect meter in place of the one proving incorrect; and any refusal or neglect 
to do so within twenty-four hours after. receiving due. notice shall be 
deemed a misdemeanor, and, upon conviction, said company shall be fined 
ten dollars. (M. C©., sec. 346.) 


See. 335. Supervisor— duties of.—It shall also be his duty to 
inspect, test and determine the purity and illuminating power of the illu- 
minating gas furnished by any gas company, person or persons in this city 
to consumers, and to report to the mayor at least once in each week, in 
writing, the condition of said gas as to purity and illuminating power. He 
shall make his test daily, and in case of failure to supply gas by any gas 
company according to the terms of contract entered into by the city, under 
anv ordinance, he shall notify, in writing, the mayor and the company so 
failing; and in case of failure for three consecutive days to furnish gas of 
the standard required by contract under any ordinance he shall collect 
from the company so failing, after giving the respective company notice 
in writing on each day of said failure, the sum of two hundred and fifty 


CHAP. 9.] OF INSPECTION OF GAS. 635 


dollars for such third day and each succeeding day until the gas is of the 
standard and quality provided for in said contract, and pay the same to 
the city treasurer, taking triplicate receipts for the same, filing one in the 
comptroller’s office, and one in the auditor’s office; in case of failure to 
supply illuminating gas. according to the standard provided by any con- 
tract, occasioned by some unavoidable accident, the penalty provided for 
in this section shall not be enforced, but no such penalty shall be remitted 
until satisfactory proof shall be furnished by said gas company to the 
mayor that such accident was not caused through any negligence on the 
part of said company, and was of such character as to render said failure 
unavoidable. (M. C., sec. 347.) 


Sec. 336. Supervisors to examine pipes of public lamps. 
The supervisor shall satisfy himself, from personal examination, that the 
connecting pipes of the public lamps are of sufficient size to admit a free 
flow of gas, and are otherwise entirely unobstructed; and it is hereby made 
his duty to see that the contract entered into under any ordinance is strictly 
complied with, and he shall report any failure to comply with the same to 
the mayor, in writing, without delay. (M. C., sec. 348.) 


Sec. 337. Meters to be sealed and stamped.—Hereafter no new 
meter shall be set or put in use without first being sealed and stamped as 
provided by this chapter; and, furthermore, from the date of said super- 
visor’s entry upon the duties of his office no meter whatever shall be sent 
from any gas company without the seal and stamp of the supervisor 
thereon; and the supervisor is hereby required to examine and test any 
meter sent to the place of testing by any gas company at the rate of a dozen 
ineters within twenty-four hours free of charge therefor, and seal and 
stamp the same if found correct; and any gas company using such meters 
without being sealed and stamped by said supervisor as aforesaid shall be 
deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined 
five dollars for each day that such meter has been used. (M. C., sec. 349.) 


Sec. 338. Difference in registration to be adjusted.—<Any dif- 
ference in the registration of the meters between the consumers and the gas 
companies shall be promptly adjusted by said companies upon the written 
statement of the supervisor. When a meter is found to register inaccu- 
rately, the gas company is required to make the proper reduction according 
to the percentage of inaccuracy upon the amount charged in last bill. 
(M. C., sec. 350.) 


Sec. 339. Meters—law regulating accuracy.—The law regulating 
the accuracy of meters shall be as follows: all meters registering within 
one per cent of exactness, or not ranging more than two cubic feet in every 
one hundred cubic feet registered, shall be considered accurate. (M. C., 
sec. 351.) 


Sec. 340. Meters—record and report of inspection.—It shall be 
the duty of said supervisor to enter into a book the number of meters inspected, 
proved, sealed or condemned by him, and also the name of the manufac- 
turer, and he shall make full reports of all the operations of his office semi- | 
annually to the mayor and Municipal Assembly at the beginning of each 
regular session, and oftener if required. (M. C., sec. 352.) 


See. 341. Seals—penalty for counterfeiting or defacing. 
If any person or persons shall counterfeit or willfully deface the seal placed 


636 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10: 


upon any gas meter by the supervisor, the person or persons so offending 
shall be guilty of a misdemeanor, and shall, upon conviction thereof, be 
fined not less than twenty-five dollars nor more than one hundred dollars. 
(M. C., sec. 353.) 


Sec. 342. Time tables for lighting to be provided.—lIt shall 
be the duty of the supervisor of city lighting to make out and cause to be 
printed time tables for lighting and extinguishing the public lamps, and 
furnish the police department with the same. (M. C., see. 354.) 


Sec. 313. Duty chief police.—It is hereby made the duty of the 
chief of police to report daily to the mayor and supervisor of city lighting 
the general condition of the street lamps and lamp posts, stating location 
of such lamps and posts as are out of order or requiring names of streets, 
and, also, to report the location of lamps not lighted as specified under any 
contract, and under any ordinance. (M. C., sec. 355.) 


Sec. 344. Bills gas companies to be submitted to supervisor. 
—AlIl bills of gas companies against the city shall be submitted by them 
to the supervisor of city lighting, who shall certify their correctness to the 
comptroller, after making all proper deductions under the forms of any 
contract or ordinance. (M. C., sec. 356.) 


CHARTER JO. 


HARBOR AND WHARF DEPARTMENT. * 


*For ordinances relating to Harbor and Wharf Commissioner, see fost, sec. 
1964 ef seq. 


: ART. I. Of Harbor and Wharf regulations 
and offenses. 
Il. Of Wharfage. 
Ill. Of Wharf-boats. 
IV. Of Wood. 
V. Of Secavenger Dumps. 
VI. Of Ferries. 


ARTICLE Ff. 
OF HARBOR AND WHARF REGULATIONS AND HEREIN OF OFFENSES. 


See. 345. What wharf shall comprise.—The wharf of the city 
shall comprise Front street and all the lands, river banks and beach dedi- 
cated, condemned or belonging to the city for wharf purposes within the 
city. CM: Cy. see oot.) 


Width of Front street fixed by ordinance 1146. The jurisdiction of the city 
extends to the middle of the channel of the Mississippi: Const. of Missouri, Art. 
I, sec.~1; Charter of. St. Louis City, Art. I, sec. 2, and notes thereto. The harbor of 
St. Louis comprises the bed of the Mississippi, its channels, sloughs, bayous, bars 
and islands, from the mouth of the Missouri to the mouth of the Meramec river: 
Charter, Art. IX, sec. 3; and as to territorial jurisdiction of Harbor and Wharf 
Commissioner see sec. 4 of same article. The city is given power over wharves 
and docks: -Charter, Art. 3, sec. 26, clause 4. A city has authority to establish 
any wharf line as a reasonable regulation respecting the harbor, which is not 
an arbitrary fixing of the wharf line so far from the navigable portion of the 
river as to amount to an unlawful interference with the rights of a riparian 
owner to reach the water from his land; the latter’s right is limited by the power 
of the municipality, to whom the power is delegated by the State to make reason- 


ART. L.] OF HARBOR AND WHARF REGULATIONS. 637 


able regulations establishing a line beyond which structures shall not be erected: 
Gould on Waters, sec. 138; Railroad vs. Illinois, 146 U. S. 455; Prosser vs. Rail- 
road, 152 U. S. 59; Yates vs. Milwaukee, 10 Wall. (U. S.) 497; Turner vs. People 
Perry Co.,.21 Fed. 94; see also Railroad vs, Stockyards, 120 Mo. 552. And see 
State ex rel. vs. Longfellow, 169 Mo. 109, as to obstruction of the navigation of 
the Mississippi river by building into the stream; and see also in general that in 
a navigable stream the publie right is paramount, and that a city cannot grant 
a right operating to obstruct the navigation: West Chicago Ry. vs. Chicago, 
SUL >. UG ana Viyers vst sta Louis) s.iMor App. 266) ‘Sic: 482.2Mo. 367, us. ¢. 
LEeUse 8.9566: 


In 1853 under its Charter the City of St. Louis had power to acquire property 
outside its limits for wharf purposes: Hafner vs. St. Louis, 161 Mo. 34. 


The city’s title to the wharf property has been much litigated but the title 
and accretions finally determined to be in the city. See Sweringen vs. St. Louis, 
it MO o45 cGwrite Of error dismissed in U.S: Sup. Ctseels5 U. S. 385 see: also 
Ove Sa Soe LOWuisnen) aU aaa ood le ator nene vse ot, sOUulSeeloL Mo: loca cit, 41: «St. 
Louis vs. Mo. Pac., 114 Mo. 13; Moses vs. St. L. Sectional Dock Co., 84 Mo. 242 
(south wharf). 


Property may be condemned for wharf purposes: Waddingham vs. St. Louis, 
14 Mo. 190. Property condemned for wharf purposes cannot be appropriated 
to a different and inconsistent use, nor can any part of it be disposed of by the 
city for private purposes: Belcher S.. R. Co. vs. St. L. G. El. Co., 82 Mo. 121; 
s. c. 101 Mo. 1. ec. 200; but the maintenance of a warehouse building on the wharf, 
to be used in connection with a grain elevator is a use incident to a ‘public 
vwhants Belcher. S. @.. Cob vs. St. L..G.Co., 101 Mow192. 


If the river is diverted by the city to make a new wharf line, or by extend- 


ing streets into the river, it is liable to the riparian owner as a taking of his 
property for public use, etc.: See Meyers vs. St. Louis, 8 Mo. App. 266 (see 
SecrsceMO..oot; bhoeleus, 566): 


By an act passed June 12, 1866, Ch. 116, sec. 9, 14 St. 63, Congress relinquished 
to the City of St.. Louis all the right, title and interest of the United States 
“in and to all wharves, streets, lanes, avenues, alleys and of the other public 
thoroughfares” within the corporate limits; but this did not purport to authorize 
the city to impair the rights of other riparian proprietors by extending streets 
into the river: St. Louis vs. Myers, 113 U. S. 566, 567. 


As to the construction of a free bridge across the Mississippi see references 
in note (a) to sec. 27, Chap. 4 of ‘Laws Specially Applicable to St. Louis,’’ ante 
page 86, and case of Haeussler vs. St. Louis (Sup. Ct. in banc, 103 So. West. 1034, 
decided July 2, 1907). 


As to the right of the city to charge wharfage, see below, note to Rev. 
Cone Ants 2eotechis Chapter: 


Sec. 346. Eastern boundary line of wharf—The eastern boun- 
dary line of the wharf as herein established shall be eastward from 
the base line described in section 348, and it shall be two hundred 
and fifty feet distant and parallel thereto from point (one) at the 
southern limit of the City of St. Louis to point (thirty-four A), near 
Franklin avenue; and from point (forty) at Mound street to point (sixty) 
at the northern city limit; between Franklin avenue and Mound street it 
shall be distant as follows: Two hundred and forty-seven feet at a point 
(thirty-four B), two hundred and forty-two feet at point (thirty-four C), 
two hundred and thirty-eight feet at point (thirty-five) Biddle street, two 
hundred and thirty feet at point (thirty-six) Ashley street, two hundred 
and twenty-five feet at point (thirty-six A), two hundred and twenty-two 
feet at point (thirty-seven) Smith street, two hundred and twenty-eight 
feet at point (thirty-eight) Florida street and two hundred and_ thirty- 
seven feet at point (thirty-nine) Mullanphy street. (Ord. 21256, sec. 1.) 

See preceding note. The Western boundary line of the wharf was fixed in 


part by ord. 5403, approved Aug. 6, 1864. As to condemnation proceedings in 
pursuance thereof, and establishment of the wharf see facts stated in Belcher 


638 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


S. & Ri Co. vs. .St: La Goa El Cols 10iteMor loc. cit, 198.) and sin Moses eV Sa tae les 
Sectional Dock Co., 84 Mo. loc. cit. 244-245. 


This ordinance establishes the western line from a point in Biddle street 
northwardly to the then (1855) city limits and from Hazel (Chouteau) to the then 
southern limits of the city (Keokuk), making no provision from Biddle to Hazel. 
This ordinance was afterwards repealed by ord. 9889, approved Jan. 22, 1876, in so: 
far as the southern portion (from Anna street, now St. George, to Keokuk street), 
was defined, and by the latter ordinance a new line was enacted from the north 
line of Anna street to the southern city limits at River des Peres. Ord. 9889 was in. 
turn repealed by ord. 11078 (which is see. 379 of Mun. Code 1901) and the latter 
ordinance again repealed by ord. 21236, though in the repeal no mention is made 
of M. C., sec. 379, which as stated’ was ord. 11078 which is in terms repealed. 
(All of these ordinances also fixed the eastern wharf line, but in so far as the 
east line goes they are repealed by ord. 21236, being secs. 346 to 351 of this Re- 
vision.) The undefined western line of the wharf in the central portion of the 
city (from Biddle to Chouteau) must be determined by the effect of the condem- 

“nation proceedings for that purpose (see sec. 345 and note thereto). 


The eastern wharf line fixed by ordinance is identical with the outer harbor 
line of the system of harbor and.wharf lines adopted by the United States War 
Department April 6, 1903, and approved by the Secretary of War. * 


Sec. 347. Same—distances and ordinates.—All distances given 
herein [secs. 346 to 351] are horizontal and all ordinates described as rect- 
angular. (J0b., sec. 2.) 


Sec. 348. Same—boundary line.—Commencing at a point (one) 
in the southern boundary line of the city, which point is in the eastern 
prolongation of the line from “stone two” to ‘‘stone one,” and two hun- 
dred and twenty-five feet from “stone one;” thence to a point (two) in 
the north line of Davis street, seven hundred and eighty feet eastward from 
the southwest corner of block number thirty-one hundred and eighty-seven ; 
thence to a point (three) in the north line of Stein street two hundred and 
seventy feet eastward from the southwest corner of block number thirty 
hundred and eighty-eight; thence to a point (three A) twelve feet from the 
middle and on the westward side of the straight line joining the fixed point 
(three) with a point (four) hereinafter described ; thence to a point (four) 
in the eastern prolongation of the south line of Kraus street one thousand 
and seventy feet from the northwest corner of block number thirty hundred 
and eight; thence to a point (five) in the eastern prolongation of the south 
fine of IKansas -street seven hundred and eighty feet from _ the 
northwest corner of block number twenty-nine hundred and_= seyv- 
enty-six; thence to a point (five A) ten feet from the middle 
and on the westward side of the straight line joining the fixed point (five) 
with a point (six) hereinafter described ; thence to a point (six) in the east- 
ern prolongation of the north line of Dover street three hundred and fifty 
feet from the southwest corner of block number twenty-eight hundred and 
eighty-eight; thence successively to three points (six A), (six B) and (six 
C), in the ordinates which divide into four equal parts the straight line 
joining the fixed point (six) with a point (seven) hereinafter described, 
the said three points, in order northward, being twelve, seventeen and 
twelve feet westward from the said straight line ; thence to a ‘point (seven) in 
the eastern prolongation of the south line of Maeder street five hundred and 
eighty feet from the northwest corner of block number twenty-seven hun- 
dred and ninety-one; thence successively to three points (seven A), (seven 
B) and (seven C), in the ordinates which divide into four equal parts, the 
straight line joining the fixed point (seven) with a point (eight) hereinafter 
described, the said three points, in order northward, being fourteen, eight- 
een and fourteen feet westward from the said straight line, thence to a 
point (eight) in the eastern prolongation of the north “line of Neosho street 
west of Broadway, one thousand four -hundred and forty feet from the 


ART. I.] j OF HARBOR AND WHARF REGULATIONS. 639 


southeast corner of block number twenty-seven hundred and eighteen ; 
thence successively to four points (eight A), (eight B), (eight C) and 
(eight D), in the ordinates which divide into five equal parts, the straight 
line joining the fixed point (eight) with a point (nine) hereinafter de- 
scribed, the said four points in order northward, being twenty-one, thirty- 
four, thirty-seven and twenty-eight feet westward from the said straight 
line; thence to a point (nine) in the eastern prolongation of the south line 
of Meramec street west of Marine avenue one thousand three hundred and 
twenty-five feet from the northwest corner of block number twenty-six hun- 
dred and sixty-five; thence to a point (nine A) ten feet from the middle and 
on the westward side of the straight line joining the fixed point (nine) with 
a point (ten) hereinafter described; thence to a point (ten) in the eastern 
prolongation of the south line of Osage street eight hundred and ninety feet 
from the northwest corner of block numbered. twenty-six hundred and 
twelve; thence to a point (ten A) five feet from the middle and on the 
westward side of the straight line joining the fixed point (ten) with a point 
(eleven) hereinafter described; thence to a point (eleven) in the eastern 
prolongation of the south line of Cahokia street one thousand two hundred 
and sixty [feet] from the northwest corner of block number seventeen hun- 
dred and sixty-two; thence to a point (twelve) in the eastern prolongation 
of the south line of President street one thousand and thirty feet from the 
northwest corner of block number seventeen hundred and seventy-four ; 
thence to a point (thirteen) in the eastern proiongation of the south line of 
Cherokee street nine hundred and thirty feet from the northwest corner of 
block number seventeen hundred and eighty-seven; thence to a point (four- 
teen) in the south line of Utah street eight hundred and ninety feet eastward 
from the northwest corner of block number twenty hundred and thirty- 
eight; thence to a point (fourteen A) five feet from the middle and on the 
eastward side of the straight line joining the fixed point (fourteen) with a 
point (fifteen) hereinafter described; thence to a point (fifteen) in the north 
line of Arsenal street one thousand four hundred and twenty-five feet east- 
ward from the southwest corner of block number twenty hundred and seven- 
teen; thence to a point (fifteen A) five feet from the middle and on the east- 
ward side of the straight line joining the fixed point (fifteen) with a point 
(sixteen) hereinafter described; thence to a point (sixteen) in the south 
line of Dorcas street one thousand three hundred and fifty-five feet eastward 
from the northwest corner of block number twenty hundred and seventeen ; 
thence successively to three points (sixteen A), (sixteen B) and (sixteen 
©), in the ordinates, which divide into four equal parts, the straight line 
joining the fixed point (sixteen) with a point (seventeen) hereinafter de- 
scribed the said three points in order northward, being twenty, twenty- 
five and twenty feet eastward from the said straight line; thence to a point 
(seventeen) in the eastern prolongation of the north line of St. George 
street fifty-three feet from the southeast corner of block number seven 
hundred and seventy-six; thence to a point (seventeen A) five feet from the 
middle and on the eastward side of the straight line joining the fixed point 
(seventeen) with a point (eighteen) hereinafter described; thence to a 
point (eighteen) in the eastern prolongation of the south line of Victor 
street fifty-three feet from the northeast corner of block number seven hun- 
dred and seventy-seven; thence to a point (eighteen A) five feet from the 
middle and on the eastward side of the straight line joining the fixed point 
(eighteen) with a point (nineteen) hereinafter described; thence to a point 
(nineteen) in the eastern prolongation of the south line of Barton street 
ninety feet from the northeast corner of block number eight hundred and 
‘seventy-one; thence successively to three points (nineteen A), (nineteen 
B) and (nineteen C), in the ordinates which divide, into four equal parts, 


640 REVISED CODE OR GENERAL ORDINANCES. [CEVA a0: 


the straight line joining the fixed point (nineteen) with a point (twenty) 
hereinafter described, the said three points in order northward, being 
twelve, sixteen and ten feet eastward from the said straight line; thence to 
a point (twenty) in the eastern prolongation of the north line of Lesper- 
ance street fifty feet from the southeast corner of block number eight hun- 
dred and sixty-six; thence to a point (twenty A) five feet from the middle 
and on the eastward side of the straight line joining the fixed point 
(twenty) with a point (twenty-one) hereinafter described; thence to a point 
(twenty-one) in the eastern prolongation of the north line of Carroll street 
one hundred and ten feet from the southeast corner of block number eight 
hundred and sixty-three; thence to.a point (twenty-two) in the eastern 
prolongation of the north line of Miller street one hundred and forty feet 
from the southeast corner of block number eight hundred and sixty; thence 
to a point (twenty-three) in the eastern prolongation of the south line of 
Rutger street one hundred and forty feet from the northeast corner of block 
number eight hundred and fifty-nine; thence to a point (twenty-four) in 
the eastern prolongation of the south line of Convent street one. hundred 
and twenty-seven feet from the northeast corner of block number eight 
hundred and fifty-eight; thence to a point (twenty-five) in the eastern pro- 
longation of the south line of Chouteau avenue one hundred feet from the 
northeast corner of block number eight hundred and fifty-seven N.; thence 
to a point (twenty-six) in the eastern prolongation of the south line of 
Gratiot street seventy-two feet from the northeast corner of block number 
eight hundred and fifty-five; thence to a point (twenty-seven) in the east- 
ern prolongation of the south line of Plum street eighty-four feet from the 
northeast corner of block number eight hundred and fifty-three; thence to a 
point (twenty-eight) in the eastern prolongation of the south line of Spruce 
street eighty-six feet from the northeast corner of block number three; 
thence to a point (twenty-nine) in the eastern prolongation of the south 
line of Elm street eighty feet from the northeast corner of block number 
five; thence to a point (thirty) in the eastern prolongation of the south line 
of Market-street seventy feet from the northeast corner of block number 
seven; thence to a point (thirty-one) in the eastern prolongation of the 
south line of Pine street forty-five feet from the northeast corner of block 
number nine; thence to a point (thirty-two) in the eastern prolongation of 
the south line of Locust street fifteen feet from the northeast corner of 
block number eleven: thence to a point (thirty-three) in the eastern pro- 
longation of the south line of Washington avenue twenty-three feet from 
the northwest corner of block number thirteen; thence to a point (thirty- 
four) in the eastern prolongation of the north line of Morgan street twelve 
feet from the southeast corner of block number sixteen; thence successively 
to three points (thirty-four A), (thirty-four B) and (thirty-four C), in the 
ordinates which divide, into four equal parts, the straight line joining the 
fixed point (thirty-four) with a point (thirty-five) hereinafter described 
the said three points in order northward, being thirteen, twenty and fifteen 
feet eastward from the said straight line; thence to a point (thirty-five) in 
the eastern prolongation of the south line of Biddle street three hundred 
and twenty feet from the northwest corner of block number nineteen ; thence 
to a point (thirty-six) in the eastern prolongation of the north line of Ash- 
ley street one hundred and twenty-six feet from the southeast corner of 
block number two hundred and twenty-eight; thence to a point (thirty-six 
A) five feet from the middle and on the eastward side of the straight line 
joining the fixed point (thirty-six) with a point (thirty-seven) hereinafter 
described; thence to a point (thirty-seven) in the eastern prolongation of 
the south line of Smith street two hundred and five feet from the northeast. 
corner of block number two hundred and thirty; thence to a point (thirty- 


ART. I.] OF HARBOR AND WHARE REGULATIONS. 641 


eight) in the eastern prolongation of the south line of Florida street two 
hundred and twenty feet from the northeast corner of block number two 
hundred and thirty-two; thence to a point (thirty-nine) in the eastern pro- 
longation of the north line of Mullanphy street one hundred and forty- 
seven feet from the southeast corner of block number two hundred and 
thirty-four; thence to a point (forty) in the eastern prolongation of the 
south line of Mound street one hundred and eighty-five feet from the north- 
east corner of block number two hundred and thirty-five; thence to a point 
(forty-one) in the eastern prolongation of the north line of Brooklyn street 
two hundred and fifty feet from the southeast corner of block number two 
hundred and thirty-seven; thence to a point (forty-one A) six feet from 
the middle and on the eastward side of the straight line joining the fixed 
point (forty-one) with a point (forty-two) hereinafter described; thence to 
a point (forty-two) in the eastern prolongation of the north line of Tyler 
street three hundred and eighty-five feet from the southeast corner of block 
number two hundred and eighty-nine I; thence to a point (forty-three) in 
the eastern prolongation of the north line of Madison street four hundred 
and thirty-seven feet from the southeast corner of block number two hun- 
dred and ninety-one E; thence to a point (forty-four) in the eastern pro- 
longation of the south line of North Market street five hundred feet from 
the northeast corner of block number twenty-one hundred and forty-two 
thence to a point (forty-five) in the eastern prolong gation of the north line 
of Warren street five hundred and fifty feet from the southeast corner of 
block number six hundred and seventy-two Ic; thence to a point (forty-six) 
in the eastern prolongation of the north line of St. Louis avenue five hun- 
dred and eighty feet from the southeast corner of block number six hun- 
dred and sixty eight IX; thence to a point (forty-seven) in the eastern pro- 
longation of the “north line of Dock street four hundred and ninety feet 
from the southeast corner of block number twenty-five hundred and forty- 
four; thence to a point (forty-eight) in the eastern prolongation of the 
north line of Destrehan street four hundred and sixty feet from the south- 
east corner of block number twenty-five hundred and thirty-eight; thence 
to a point (forty-nine) in the eastern prolongation of the north line of 
Salisbury street four hundred and thirty-five feet from the southeast corner 
of block number twenty-five hundred and thirty-four; thence to a point 
(fifty) in the eastern prolongation of the north line of Bremen avenue three 
hundred and ninety-five feet from the southeast corner of block number 
twenty-five hundred and twenty-five; thence to a point (fifty A) ten feet 
from the middle and on the eastward side of the straight line joining the 
fixed point (fifty) with a point (fifty-one) hereinafter described; thence 
to a point (fifty-one) in the eastern prolongation of the north line of An- 
gelica street two hundred and seventy feet from the southeast corner of 
Rack: number twenty-five hundred and seven; thence to a point (fifty-two) 
in the eastern pr olongation of the south line of Ferry street one hundred 
and fifty feet from the. northeast corner of block number twenty-five hun- 
dred and six; thence successively to three points (fifty-two A), (fifty-two 
>) and (fifty-two C), in the ordinates which divide, into four equal parts, 
the straight line joining the fixed point (fifty-two) with a point (fifty- 
three ) hereinafter described, the said three points in order northward, being 
thirty-five, forty-five and thirty-five feet eastward from the said straight 
line; thence to a point (fifty-three) in the north line of Grand avenue three 
hundred and ninety feet eastward from the southeast corner of block num- 
ber thirty-three hundred and twenty-two; thence to a point (fifty-three A) 
ten feet from the middle and on the eastward side of the straight line join- 
ing the fixed point (fifty-three) with a point (fifty-four) hereinafter de- 
scribed; thence to a point (fifty-four) in the eastern prolongation of the 


642 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


south line of Prairie avenue four hundred and twenty feet from the north- 
east corner of block number thirty-three hundred and thirty-four; thence 
successively to eight points (fifty-four A), (fifty-four B), (fifty-four C), 
(fifty-four D), (fifty-four IX), (fifty-four F), (fifty-four G) and (fifty-four 
H), in the ordinates which divide, into nine equal parts, the straight line 
joining the fixed point (fifty-four) with a point (fifty-five) hereinafter de- 
scribed, the said eight parts, in order northward being forty-seven, one hun- 
dred and twenty-five, two hundred and ten, two hundred and seventy-five, 
two hundred and ninety, two hundred and eighty, twohundred and thirty and 
one hundred and forty-five feet westward from the said straight line; thence 
to a point (fifty-five) in the north line of Humboldt avenue two thousand 
and seventy feet eastward from the southeast corner of block number forty- 
two hundred and ten; thence successively to nine points (fifty-five A), 
(fifty-five B), (fifty-five C), (fifty-five D), (fifty-five IX), (fifty-five F), 
(fifty-five G), (fifty-five H) and (fifty-five I), in the ordinates which divide, 
into ten equal parts, the straight line joining the fixed point (fifty- five) 
with a point (fifty-six) hereinafter described, the said nine points, in order 
northward, being one hundred and forty-seven, two hundred and sixty, three 
hundred and fifty, four hundred and eight, four hundred and thirty, four 
hundred and sixteen, three hundred and _ sixty-three, two hundred and 
seventy-eight and one hundred and fifty-five feet westward from the said 
straight line; thence to a point (fifty-six) in the eastern prolongation of 
the north line of Baden avenue two thousand nine hundred and eighty feet 
from the southwest corner of block number forty-two hundred and sixty- 
four; thence successively to eight points (fifty-six A), (fifty- Sixes ts (fifty- 
six Gy, (fifty-six D), (fifty-six IE), (fifty-six F), (fifty-six G) and ee 
Six H), in the ordinates which divide, into nine equal parts, the straight 
line joining the fixed point (fifty-six) with a point (fifty-seven) hereinafter 
described, the said eight points, in order northward, being one hundred and 
ten, one hundred and ninety-three, two hundred and sixty, three hundred 
and three, three hundred and sixteen, two hundred and ninety, two hun- 
dred and twenty-eight and one hundred and thirty feet westward from the 
said straight line; “thence to a point (fifty -seven) in the eastern prolonga- 
tion of the north line of St. Cyr avenue nine hundred feet from the south- 
east corner of block number forty- -three hundred and thirteen E; thence 
successively to nine points (fifty-seven A), (fifty-seven B), (fifty-seven C), 
(fifty-seven D), (fifty-seven E), (fifty-seven F), (fifty-seven G), (fifty-seven 
H) and (fifty-seven I), in the ordinates which divide, into ten equal parts, 
the straight line joining the fixed point (fifty-seven) with a point (fifty- 
eight) hereinafter described, the said nine points, in order northward, being 
one hundred and thirty-seven, two hundred and forty-seven, three hundred 
and thirty-seven, three hundred and seventy-seven, three hundred and 
eighty-five, three hundred and sixty-seven, three hundred and seven, two 
hundred and twenty-three, and one hundred and fifteen feet westward from 
said straight line; thence to a point (fifty-eight) in the southern prolonga- 
tion of the line which coincides with the west face of the coping on the east 
wall of the settling basins at the Chain of Rocks, the said point being three — 
thousand two hundred and forty-five feet from the north face of the coping 
on the south wall of settling basin number six; then successively to thir- 
teen points (fifty-eight A), (fifty-eight B), (fifty-eight C), (fifty-eight D), 
(fifty-eight IX), (fifty-eight F), (fifty-eight G), (fifty-eight H), (fifty-eight 
1), (fifty-eight K), (fifty-eight L), (fifty-eight M) and (fifty-eight N), in 
the ordinates which divide, into fourteen equal parts, the straight line join- 
ing the fixed point (fifty-eight) with a point (fifty-nine) hereinafter de- 
scribed, the said thirteen points, in order northward, being one hundred and 
seventy-five, three hundred and forty, four hundred and eighty-three, six 


ART. I.] OF HARBOR AND WHARF REGULATIONS. 643 


hundred and ten, seven hundred and three, seven hundred and sixty, seven 
hundred and eighty-seven, [and], seven hundred and eighty-seven, seven hun- 
dred and fifty, six hundred and seventy-five, five hundred fifty-five, four 
hundred, and two hundred and twelve feet eastward from the said straight 
line; thence to a point (fifty-nine) in’the northern prolongation of the line 
which coincides with the west face of the coping on the east wall of the 
settling basins at the Chain of Rocks, the said point being one thousand 
two hundred and fifteen feet from the south face of the coping on the north 
wall of settling basin number one; thence successively to four points (fifty- 
nine A), (fifty-nine B), (fifty-nine C) and (fifty-nine D), in the ordinates 
which divide, into five equal parts, the straight line joining the fixed point 
(fifty-nine) with a point (sixty) hereinafter described, the said four points, 
in order northward, being thirty, sixty-five, eighty-seven and sixty feet west- 
ward from the said straight line; thence to and ending at a point (sixty) 
in the northern boundary line of the city in the eastern prolongation of the 
line “stone one hundred and seventy-two” to “stone one hundred and 
seventy-four,” “one hundred and seventy” feet from “stone one’ hundred and 
seventy-four.” (Jb., sec. 3.) 


See. 349. Building over wharf line—penalty.—<Any person, 
firm or corporation who shall build or extend any dike, trestle-work, ele- 
vator or other structure east of the eastern boundary line of the wharf as 
above established, shall be deemed guilty of a misdemeanor and upon con- 
viction thereof shall be fined not less than fifty nor more than five hundred 
dollars. (Jb., sec. 4; compare M. €., sec. 380.) 


Sec. 350. Same—notice to remove—penalty for non-compli- 
ance .—lIt shall be the duty of the Harbor and Wharf Commissioner to 
give written notice to the party violating the provisions of the preceding 
section, to remove such structure at his own expense within ten days, and 
his failure, neglect or refusal to comply with said notice shall be deemed a 
misdemeanor and upon conviction thereof shall be fined not less than fifty 
nor more than five hundred dollars, and every,day after the expiration of 
the period of ten days during which said party shall fail, neglect or refuse 
to comply with the terms of the aforesaid notice shall constitute a separate 
offense. (Jb., sec. 5.) 


Sec. 351. Repeal of former ordinances.—Ordinance eleven thou- 
sand and seventy-eight entitled, ‘An ordinance to establish the eastern 
boundary of the wharf from the north line of Anna street southwardly to 
the southern city.limits, and to repeal ordinance nine thousand eight hun- 
dred and eighty-nine,” approved July first, eighteen hundred and seventy- 
nine, and that part of ordinance five thousand four hundred and three, 
approved August sixth, eighteen hundred and sixty-four, defining the east- 
ern boundary line of the wharf from the northern line of St. George street 
(Anna street) to Chouteau avenue (Hazel street) and from Biddle street 
to the northern limits of the city, established anno domini eighteen hun- 
dred and fifty-five, are hereby repealed. (J/b., sec. 6.) 


Sec. 379 of M. C. corresponds to ord. 11078, repealed as above by ord. 21236, 
sec. 6, but the repealing ordinance does not refer to the Mun. Code, sec. 379. 


Sec. 352. Where water craft shall be moored.—All water craft 
of whatever kind coming into the harbor of the city shall be moored at such 
points or places at the wharf or landing as may be designated therefor by 
the harbor and wharf commissioner, but no boat or raft of any kind what- 


644 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


ever shall be landed in front of the city water works building. (M. C., 
sec. 358.) 


Sec. 353. Boats unemployed—when and where to be.—The 
owners or persons in charge of any boat moored as in the preceding section 
provided, not engaged in receiving or discharging freight, shall, on order 
of the harbor and wharf commissioner, in writing forthwith move said boat 
to such other place in the harbor as he may designate, there to remain until 
such time as it may be desired for said boat to return to the wharf to load. 
(M. C., sec. 359.) 


Sec. 354. Boat in danger may be moved.—Any boat while en- 
gaged in receiving or discharging freight may, at any time, be required to 
forthwith leave the paved wharf by order of the harbor and wharf com- 
missioner, if, in his opinion, said boat is in danger of being injured by fire 
or ice. (M. C., sec. 360.) 


Sec. 355. Proceedings where boats are wrecked.—If any boat, 
except ferry boats and wharf boats, sink in the harbor of St. Louis, and 
the wreck shall be an obstruction to the harbor or wharf, the harbor and 
wharf commissioner shall at once notify the owners or parties in charge 
of said boat and cargo, if any, and shall designate a certain time for the 
removal of said obstruction by said owners or parties in charge, and if the 
owners or parties in charge of the wreck and cargo refuse or neglect to 
remove said obstruction within the time designated by the harbor and 
wharf commissioner, the harbor and wharf commissioner shall forthwith 
proceed to remove said obstruction. Any property saved from said wreck 
by the harbor and wharf commissioner in removing said obstruction, in- 
cluding cargo, furniture, engine, hull, tackle and apparel of the sunken 
boat, shall be sold by him at public auction, after giving three days’ notice 
in the paper doing the city printing, to the highest bidder for cash. From 
the proceeds of the sale the harbor and wharf commissioner shall retain 
the costs and expenses of removing, saving and selling said wreck and 
cargo, and twenty per centum of the balance as salvage, and the remainder, 
if any, shall be paid into the city treasury as a special fund, subject to the 
rights of the owners thereof, and the general law in such case made and 
provided. The money retained for expenses and salvage shall be paid into 
the city treasury and be credited to the harbor fund. (M. C., sec. 361.) 


The city cannot make a valid contract to do that for pay which is cast 
upon it as a public duty, such as Keeping the harbor free from obstructions 
and wreckage; but it may contract for such things as are not necessarily re- 
quired to be done as a public duty, although in the doing thereof there is an 
incidental benefit to the public, such as the lifting of a private sunken boat 
out of the water by pumping the water out of the hold, and a non-performance 
of such conracts subjects the city to damages: The Maggie P., 25 Fed. (C. C.) 
202, 205. 

Sec. 356. Boats grounded—penalty for suffering to remain. 
Iivery owner or person in charge of any boat or water craft of any kind, 
who shall suffer the same to ground at the wharf or landing, and remain 
grounded, through neglect, for a longer period of time than twenty-four 
hours, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum of not less than fifty nor more than one 
hundred dollars. (M. C., sec. 562.) 


i] 


Sec. 357. Boats—names of to be painted on— penalty. 
All boats of whatever kind—coal flats, skiffs and yawls excepted—landing 


ART. I.] OF HARBOR AND WHARF REGULATIONS. 645 


at the wharf or landing shall have a name painted on some conspicuous 
part of such boat, with letters at least six inches long, and placed so that 
it can be easily read from either side. Every person who may be guilty of 
landing any boat without a name painted thereon, as above required shall 
be deemed guilty of a misdemeanor, and upon conviction thereof be fined in 
the sum of not less than five nor more than fifty dollars; Provided, that 
any person landing a boat within the harbor without a name shall not be 
liable therefor if he causes a name to be painted on said boat, as required, 
within three days from the time of its arrival at the landing and before it 
leaves the same. (M. C., sec. 363.) 


See. 358. Steamboats to have preference at landing.—Steam- 
boats shall have preference in landing at the wharf or landing over other 
vessels or over rafts; but no vessel or raft shall, while discharging or re- 
ceiving cargo or being broken up, be compelled to leave its place to give 
room for a steamboat. (M. C., sec. 364.) 


Sec. 359. Commissioner to set apart landings.—The harbor and 
wharf commissioner is hereby instructed to set apart a sufficient and con- 
venient number of landings to accommodate the different wants of busi- 
ness. (M. C., sec. 365.) 


See. 360. Regulations for removal of property from wharf — 
penalty for violation.—Everything landed on the public wharf, or land- 
ing, except as hereafter provided, shall be removed therefrom within forty- 
eight hours after being landed, unless the same shall have been landed for 
reshipment, in which case it shall be removed within seventy-two hours 
after being landed. Cotton, hay, hemp, coal oil, petroleum and all the 
products of petroleum shall be removed from the wharf or landing within 
twenty-four hours after being Janded. All timber, boards, hoop-poles, 
scantlings, joists, shingles, wagonmakers’ and coopers’ stuff and lumber of 
every description brought to the city by steamboat or other water craft and 
landed upon the public wharf or landing shall be removed therefrom within 
thirty days after being landed, except when landed upon that portion of 
the wharf situated between the north line of Carr street and the north line 
of Chouteau avenue, and from it shall be removed within fifteen days after 
being landed. Any owner, agent or consignee of goods, wares, merchandise 
or other thing who shall have suffered the same to remain on the wharf or 
public landing longer than above allowed, and who shall fail to remove the 
same forthwith when so ordered by the Harbor and Wharf Commissioner 
or his assistant or deputy, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than five nor more than 
fifty dollars. (Ord. 21720, amending M. C., sec. 366.) 


See. 361. Removals from wharf—order for, to be directed to 
marshal.—Whenever the harbor and wharf commissioner shall find that 
any goods, wares, merchandise, or other thing remaining on the wharf or 
public landing beyond the time allowed by the preceding section are an ob- 
struction of the wharf or public landing, the removal of which is desirable 
as a matter of public convenience or necessity, he shall immediately give 
the city counselor information thereof in writing, describing the goods, 
wares, merchandise or other thing forming the obstruction and their loca- 
tion on the wharf or public landing, and the city counselor, upon the re- 
ceipt of such information, shall forthwith prepare a written order for the 
removal of said obstruction, which shall be signed by the mayor and city 
counselor and directed to the city marshal, who shall immediately proceed 
to execute the same. (M. C., sec. 367.) : 


646 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 10. 


Sec. 362. Notice to be given to owners ) 
receipt of any such order, so signed, the city marshal shall give to the 
owners, agents or consignees of the goods, wares and merchandise or other 
thing forming said obstruction at least five days’ notice, in writing, to the 
effect that if said goods, wares, merchandise or other thing are not removed 
upon the expiration of the time mentioned in said notice, he will. seize the 
same and sell the same at public vendue for cash to the highest bidder. If, 
after diligent search, the city marshal is unable from any cause to find any 
of the owners, agents or consignees of the goods, wares, merchandise or 
other thing forming said obstruction, he shall immediately give such notice 
by publication for five consecutive days in the paper publishing the journal 
of the Municipal Assembly, and said notice, when so published, shall be 
directed to all of the owners, agents or consignees of said goods, wares, 
merchandise or other thing who are known to the city marshal, and shall 
contain a brief description of the property belonging to or in charge of 
persons who are absent or unknown. (M. C., sec. 368.) 


See. 363. Goods not removed to be sold. 
tion of the time mentioned in such notice so served the goods, wares, mer- 
chandise or other thing forming the obstruction are not removed the city 
marshal shall forthwith proceed to remove the same to some suitable place, 
and shall sell them at public vendue to the highest bidder for cash; from 
the proceeds of said sale the city marshal shall retain and pay the costs and 
expenses of removing, advertising-and selling said property, and the bal- 
ance, if any, shall be paid into the city treasury as a special fund, subject 
to the rights under the law of the owners of said property; but in case the 
proceeds of such sale are insufficient to pay the costs and expenses afore- 

said, then the deficiency shall be paid by the city out of any fund available 
for cleaning levee and removing obstructions from the wharf and harbor. 
(M. C., sec. 369.) 


Sec. 364. Boats lying over night—how secured.—All boats 
lying at the wharf or public landing within the harbor of the city over 
night shall be secured to the fastenings on the wharf, or to the wharf-boats 
by a good and sufficient iron head chain to each boat; and the master, 
owner or person in charge of any boat not so secured shall be deemed guilty 
of a misdemeanor and liable to a fine of not less than fifty nor more than 
one hundred dollars. (M. C., see. 370.) 


Sec. 365. Boats on _ fire—casting loose of—penalty.—Any 
person who shall cast loose the fastenings of, or set adrift any steamboat 
or wharfboat or other water craft which may be on fire in the harbor of 
St. Louis, unless by. order of the mayor, harbor and wharf commissioner 
or chief of the fire department, shall be deemed guilty of a misdemeanor 
and shall, on conviction, be fined in a sum not less than fifty nor more than 
one hundred dollars. (M. C., sec. 371.) 


Sec. 366. Articles of value— penalty for injury or stealing. 
—-Any person who shall cut, tear, rip, bore or open any bag, sack, bale, 
box, barrel or other package being the property of another, containing any 
article of value, or who shall steal, take or carry away any article of value 
and of less value than twenty dollars, the property of another, or who shall 
secrete or hide away or knowingly purchase, barter or trade for any article 
of value and of less value than. twenty dollars, knowing the same to have 
been stolen or acquired in a questionable or surreptitious manner within 
the limits of the city, shall be, deemed guilty of a misdemeanor and upon 


ART. I.] OF HARBOR AND WHAREF REGULATIONS. 647 


conviction thereof before either of the police justices shall be fined not less 
than five dollars nor more than five hundred dollars; provided, however, 
that nothing contained in this section shall be held to apply to a case where 
the facts given in evidence amount in law to a felony. The harbor and 
wharf commissioner and the market masters and thei’ deputies are hereb) 
authorized and empowered to arrest and hold for trial all persons offend- 
ing against the provisions of this section. (M. C., sec. 372. 


The provisions of this section unless intended to apply only to property on the 
wharf, seem rather too broad to be appropriate in this chapter on Harbor and 
Wharf Department, and should, it would seem, have been placed under the chap- 
ters on misdemeanors. See note next below, where the municipal assembly 
have recenely enacted another ordinance, directing that the same succeed this 
section (which was sec. 372 of the Municipal Code), which new ordinance has 
nothing to do with the subject matter of this chapter. 


[Sec. 8366a. Taking wagon or automobile from shelter.* | 


*This section (366a) could not be included in the Revised Code because it was 
not enacted until after the submission of the revising ordinance to the municipal 
assembly (although before the passage thereof), so could not be worded to amend 
the Revised Code. It therefore refers to the prior (Municipal) Code, and in its 
regular order would have been inserted at this, as the corresponding point in 
the Revised Code, although why this and the preceding section should be placed 
in the chapter on Harbor and Wharf Regulations is difficult to conceive; see 
preceding note. This section was probably enacted to succeed 372 of the Muni- 
cipal Code by an oversight on the part of the Municipal Assembly. But having 
been so passed it is therefore given in this note: 


(22739) 
An ordinance to amend Chapter Ten, Article One, of the Municipal Code, by 
adding thereto a new section, to be known as Section Three Hundred and Sev- 
enty-two A. 


Be it ordained by the Municipal Assembly of the City of St. Louis, as fol- 
lows: 


Section One, Chapter Ten, of Article One, of the Municipal Code, is hereby 
amended by adding thereto a new section to be Known as Section Three Hundred 
and Seventy-two A, as follows: 


Section Three Hundred and Seventy-two A. Any person who shall steal, 
take or drive away from anv stable, garage or shelter any wagon or automobile 
or other vehicle not his own property, without the consent or order of the 
owner thereof, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than ten nor more than one hundred dollars. 


Approved February 5th, 1907. 


Sec. 367. Obstruction of wharf—penalty for.—Every person 
who shall place or dump upon the wharf, or place or dump into the Mis- 
sissippi River in front of said wharf, within five hundred feet of the west- 
ern shore of said river, any nuisance, incumbrance or impediment, or stop 
at any landing within this city between Ferry street north and Arsenal 
street south any driftwood in said river, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof be fined in a sum not less than ten 
nor more than two hundred dollars. Nothing in this section contained shall 
affect any order or action of the Board of Health in the removal of slop or 
dead animals. (M. C©., sec. 373.) 


Sec. 368. Obstructions—non-removal of—penalty for.—The 
obstructions mentioned in the preceding section shall be removed forthwith 
by the persons or parties causing the same, and if said persons or parties 
fail to remove such obstructions within the time designated therefor by 
the harbor and wharf commissioner or his assistant or deputy, they shall 


648 REVISED CODE OR GENERAL ORDINANCES. [CRAP 10; 


be deemed guilty of a misdemeanor, and upon conviction thereof be fined 
not less than five nor more than one hundred dollars. (M. C., sec. 374.) 


Sec. 369. Exeavations prohibited.—No person shall make an exca- 
vation on the public wharf, nor shall any person take up paving stones for 
the purpose of setting a spar or for any other purpose without permission 
or authority from the harbor and wharf commissioner, except parties de- 
siring to make or repair connections with water pipes, gas pipes or sewers 
laid on the wharf or Front street, who shall apply to the street commis: 
sioner for a permit to excavate for that purpose, and shall comply with all 
the provisions and regulations established for excavations on streets, alleys 
or public highways. (M. C., sec. 375.) 


Sec. 370. Wharf—repairs of pavement.—Whenever the pave- 
ment of any sidewalk on the wharf or Front street is out of repair, the fact 
shall be reported to the street commissioner, who shall cause the necessary 
repairs to be made at the expense of the owners of the property fronting on 
said sidewalk, in the same manner as provided for by ordinance for repairs 
of sidewalks on other streets. (M. C., sec. 376.) 


See. 371. Violations of provisions of article—how pun- 
ished. — Every person who shall fail to obey the directions of the harbor 
and wharf commissioner, or his assistant, or any of his deputies, in relation 
to any matter over which they have charge, or shall, in any manner, violate 
or fail to comply with any of the provisions of this article in cases where 
no special penalty or fine is prescribed, shall be deemed guilty of a viola- 
tion of this article, and shall, upon conviction thereof, be fined in a sum of 
not less than five nor more than one hundred dollars. (M. C., see. 377.) 


Sec. 372. Fines, ete.—to be credited to harbor fund. 
—All fines, forfeitures and penalties imposed and collected for the viola- 
tion of any of the provisions of this article shall be credited to the account 
of the harbor fund. (M. C., sec. 378.) 


See Charter, Art. IX, sec. 7. 


ARE Hite 
OF WHARFAGE.* 


*Ord. 21911, sec. 2, repealed sections of the Municipal Code numbered 382, 383, 
DOS; Ds (OOS; NOS tOo UFO Od oO Seno o oe OtOe iO Wore. iam Ooe cull Cuba, 


The City of St. Louis, owning improved wharves at its own cost, for the 
benefit of those engaged in commerce upon the navigable waters, may charge 
and collect from parties using its wharves and facilities such reasonable fees 
as will pay for the use of the same: Packet Co. vs. St. Louis, 100 U. S. 423, fol- 
lowing Packet vs. Keokuk, 95 U. S. 80; and in Vicksburg vs. Tobin, 100 U. S. 
423, it was “adjudged that the wharfage fee was valid although imposed on 
a boat that did not land immediately against the wharf, but against a wharf- 
boat which was against the wharf, the court holding that to use the wharf boat 
under those conditions was to use the wharf’: quoted and distinguished by Val- 
liant, J., with other cases. in St. Louis vs. Coal Co., 158 Mo. 348. 


But the city’s rights in respect of its wharves more nearly resemble pro- 
prietary rights than sovereign rights, and the city cannot collect wharfage for 
goods landed beyond its wharves because of high water, since the wharves 
are of no service in such case: St. Louis vs. Lumber Co., 13 Mo. App. 56, 59. 


mitts A} OF WHARFAGE, 649 


And a city cannot charge tonnage tax or wharfage dues, on a vessel landing on 
the natural bank of the river, where the wharf is not improved, although the 
landing be within the wharf limits established by ordinance: Cape Girardeau vs. 
Campbell, 26 Mo. App. 11, holding also that a landing place does not become 
a wharf by so designating it in an ordinance, but to become such it must be 
improved for that purpose, relying on Packet Co. vs. Keokuk, 95 U. S. 80, 85, 
and Packet Co. vs. St. Louis; 100 U. S. 423, 429. The state’s rights are subject 
to the rights of the Government and the admiralty jurisdiction of the U. S. 
courts: Packet Co. vs. St. Louis, 4 Dillon 10. 


So also an ordinance attempting to impose a license on tugs and barges for 
the privilege of towing boats into or about the harbor (Mun. Code, sec. 395, 
since repealed) which tugs and barges are licensed under the laws of Congress 
for the coasting trade and engaged in transporting freight between Missouri and 
Illinois, is in violation of the provisions of the U. S. Constitution regulating 
commerce (Art. 1, sec. 8) and prohibiting a state from laying any duty or 
tonnage without the consent of Congress: St. Louis vs, Coal Co., 158 Mo. 342, 
the court considering itself bound by Harman vs. Chicago, 147 U. S. 396, decided 
shortly after the first appeal in the Consolidated Coal Co..case, the court 
ealls attention that the St. Louis ordinance was not to charge wharfage for the 
use of the wharf but a license, although such license was in lieu of wharfage 


(p. 361). 

On the first appeal the particular constitutional question passed on in the 
second appeal, was not raised, it being held in that case that a foreign corpor- 
ation having its principal office in St. Louis .where it registered its boats 
under the U. S. registry laws, and returns them and lists them for taxation 
under the ordinance, was entitled to a forty per cent reduction provided in 
favor of vessels owned by residents of St. Louis and returned and assessed for 
taxation within said city during the year specified in the ordinance and that such an 
ordinance was constitutional: St. Louis vs. Coal Co.,113 Mo. 88. Andin St. Louis vs. 
Transp. Co., 84 Mo. 156,it was held that such ordinance which allowed a lesser rate 
than otherwise, if the return and assessment for taxation was made during the year 
commencing first of August immediately preceding the day of landing, did not 
operate so as to require the lesser rate although the boat was new and 
touched for the first time so that it was impossible for the owner to have 
made the return, etec., on the preceding first day of August; the court con- 
struing the ordinance (now repealed) as not imposing the higher rate as a penalty 
for failure, ete., but as a classification for wharfage tax. 


The right to fix the rate of wharfage cannot be delegated by a city: and a 
contract undertaking so to do is void: Matthews’ vs. Alexandria, 68 Mo. 115. 


The state may repeal the city’s right to collect wharfage: St. Louis vs. Shields, 
é 


52 Mo. 351. 


As to right to require license from ferries see note to Rev. Code, secs. 413, 427. 


Sec. 373. Reports for wharfage purposes to be made.—The 
harbor and wharf commissioner shall register in a suitable book the nanie 
and tonnage of every water craft, and the port from which it last came, the 
date of departure and destination. The harbor and wharf commissioner 
shall submit to the comptroller and auditor on the Monday before the sec- 
ond Tuesday of every month a list of all persons or corporations who have 
been charged for the use of the public wharf. (Ord. 21911, sec. 1; amend- 
ment of M. C., 281.) 


Sec. 374. Wharfage on lumber and logs brought in rafts.— 
The following amounts shall be collected for wharfage on the articles here- 
inafter designated when brought to the public wharf or landing by raft: 
On boards, planks, scantling or joists and dimension timber, ten cents per 
thousand feet, board measure; on shingles and lath, three cents per thou- 
sand; on palings in bundles, ten cents per thousand; on hoop-poles, clap- 
boards, staves and all descriptions of coopers’ and wagon makers’ stuff, and 
all similar material, loose or in bundles, ten cents per one hundred cubic 
feet; on cedar and other posts and all descriptions of rough lumber or tim- 
ber not otherwise rated, ten cents per one hundred cubic feet; on logs in 


650 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 10. 


rafts, two and one-haif cents per one hundred superficial feet of raft. 
The above rates of wharfage shall be charged on all lumber, logs and articles 
enumerated in this section, unloaded upon the wharf from ‘railroad Cars. 
(M. C., sec. 386.) 


Sec. 375. Firewood—rates of wharfage.—There shall be collected 
a wharfage of ten cents on each and every cord of firewood brought to this 
city by boat, rail, or raft, and unloaded on the public wharf, either before 
or after the same is unloaded from boat, rail or raft, with the permission 
that the same may remain on the wharf a length of time not exceeding 
thirty days; and whenever the same shall remain longer than thirty days, 
it shall be required to pay five cents per cord in advance every thirty days 
for the time it may so remain. (Ord. 21911, sec. 1; amend. M. C., sec. 387.) 


See in connection herewith also sec. 397 R. C. 


Sec. 376. Wharfage—when due and collectible.— Wharfage 
chargeable on firewood, lumber, timber and logs, or other articles in boats 
or craft, is due and chargeabie at any time before said boat is unloaded, or 
said raft is broken up. (Ord. 21911, sec. 1; amending M. C., sec. 394.) 


See. 377. Penalty for failing to pay license of warfage. 
IiXvery owner or person in. charge of any boat, firewood, lumber, timber, logs 
or other articles on which wharfage or license is due, who shall, after de- 
mand has been made, fail or refuse to pay the same, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be fined in a sum 
double the amount of wharfage or license so due or owing. The payment of 
said fines and costs shall operate as a discharge in full of said demands. 
(M. C., sec. 399.) 


See. 378. Landing places for coal, etec., to be 
The harbor and wharf commissioner shall be authorized to set aside a num- 
ber of landing places for coal, sand, gravel or stone or similar materials. 
Parties using such landings shall pay for the use thereof an annual rent of 
not less than two dollars per front foot, payable monthly in advance; but 
no landing privilege shall be granted at a lower rental than twenty- five 
dollars per month, and in consideration of such payment shall have the 
privilege to maintain at said landing a float or wharf-boat, connected with 
the wharf by one or more stages, and also to use the wharf for the distance 
rented for the storage of coal, sand, gravel, stone or other similar material, 
whenever, in the opinion of the harbor and wharf commissioner, such stor- 
age does not interfere with the general traffic and business of the levee. For 
every float or wharf-boat maintained under authority of this section the 
party maintaining the same shall execute to the city a bond in the penal 
sum of one thousand dollars, with not less than two good and sufficient 
sureties, owners of unincumbered real estate in the city, conditioned that 
the said float or wharf-boat shall at all times be good, safe and seaworthy, 
and that in case of sinking of said float or wharf-boat from any cause the 
same or wreck thereof shall be removed forthwith from the landing at the 
expense of the party having maintained said float or wharf-boat, so that 
the same shall offer no obstruction to the harbor. (M. C., sec. 400.) 


Wharfboats’ bonds, see sec. 384. 


See. 379. Unimproved wharf—conditions of lease of.—The 
municipal assembly may, by ordinance, set aside or lease portions of the 
unimproved wharf for special purposes, such as the erection of sheds, ele- 
vators and warehouses, and for railroad tracks, for quay places, for the 


ART. II.] OF WHARFAGE. 651 


landing of jumber from mills, for cotton presses, for manufactories and for 
any purpose tending to facilitate the trade of the city; but no permit to 
use any portion of the wharf, or any lease of the same, shall be granted for 
a term exceeding fifty years. All leases of portions of the public wharf, 
eranted by the municipal assembly, unless especially provided otherwise by 
ordinance, shall give to the lessees the use and control of the ground leased, 
subject to the conditions that the lessee shall at all times leave an unob- 
structed roadway of at least twenty feet in width for public travel along 
the wharf. No lease of any portion of the public wharf shall exempt steam- 
boats, barges, rafts or any other water craft landing thereat from the pay- 
ment of wharfage dues established in this article, except in case such ex- 
ception is especially provided by ordinance. (M. C., sec. 401.) 


See in connection herewith sec. 383 znfra. The city cannot lease out its wharves 
for private purposes: Belcher S. & Ref. Co. vs. St. L. G. El. Co., 82 Mo. 126: s. c. 101 
Mo. 192. But it has power ‘‘to set aside or lease portions of the unpaved wharf for 
special purposes,” designated in the charter (Art. III, sec. 26, clause 4), and itis held 
that the maintenance of an elevator for grain, ete., on the wharf to be used in 
connection with the business of a concern is a use incident to a public wharf and 
a lease for that purpose by,the city valid:. Belcher S. & R. Co. vs. St. L. G. E. Co., 
101 Mo. 192, 200 ef seg. This case also holds that ‘‘unpaved wharf’ applies to 
any portion not paved in a manner suitable for receiving and discharging pas- 
sengers or freight. 


Sec. 380. Temporary use of wharf—when permitted. — The 
harbor and wharf commissioner and comptroller are hereby authorized and 
directed to allow portions of the public wharf and river bank not imme- 
diately needed for general public uses to be temporarily used and occupied 
on such terms and conditions as they shall deem proper. No agreement of 
rent made under authority of this section shall be binding for a longer 
period than one month, and the amount of rent shall always be collected 
in advance for the entire length of time for which the agreement is made. 
Nothing in this section, however, shall be so construed as to prohibit at the 
expiration of such agreement its renewal for another period not exceeding 
one month. (M. C., sec. 402.) 


Sec. 381. Dunnage business may be carried.—Any person or 
copartnership or persons may carry on the dunnage business at the wharf; 
provided, that such person or persons pay for each skid kept by them on the 
wharf the sum of six cents per annum, to be paid semi-annually in advance 
on the first days of April and October of each vear. The harbor and wharf 
commissioner shall at all times have control over and regulate the amount 
of space occupied for depositing skids and other apparatus. (M. C., sec. 
403.) 


Sec. 382. Docks and landing appliances—owners to give 
bond.—No privilege shall be granted to station or to maintain at the 
' public wharf or landing any dry docks, wharfboat, flat, float or landing 
appliance whatever until the aylicant for such privilege shall have exe- 
cuted a good and sufficient bond, with approved sureties, conditioned that 
in the event of the grounding or sinking from any cause any of the above 
mentioned docks, wharfboats, flats or landing appliances the owner or 
owners thereof shall, at his or their expense, at once remove the same, so 
that it shall not in any way obstruct the city harbor or wharf. When the 
amount of the bond required as above specified is not otherwise established 
by ordinance, the comptroller and harbor and wharf commissioner are here- 
by authorized to determine and fix the same; provided, however, that one 
thousand dollars shall be the minimum amount of any bond required. [ Load- 
ed barges and scows coming within the harbor may, by paying full wharfage 


652 REVISED CODE OR GENERAL ORDINANCES. (CREA P19: 


as prescribed in this chapter, be permitted to land and remian at a desig- 
nated place for a specified time, and afterwards come to the wharf and un- 
load free of charge for new wharfage.| (M.C., see 405.) 

The last portion of this section provided in the Mun. Code that “Loaded barges 
and scows coming within the harbor may, by paying full wharfage as pre- 
scribed $6y section 382 be permitted to land and remain at a_ designated place 
for a specified time, and afterwards come to the wharf and unload free of charge 
for new wharfage . subject, however, to the provisions of section 383." Sec. 382 
fixed the wharfage dues and sec. 383 made certain exceptions for excursion boats, 
but both were repealed by ord. 21911, and no corresponding provision inserted 
in lieu thereof, except perhaps what is now secs. 397, 375, so that that portion of 
the section is practically obsolete. 


See. 383. Lease of unimproved wharf— conditions of 
ordinance for.—-No ordinance shall be introduced in either branch of the 
municipal assembly ordaining the leasing of the unimproved public wharf 
of the city where a lease is asked for a period of time longer than five 
years, unless the following condition has been complied with as hereinafter 
{herein before, in sec. 379| provided in this article as follows: Any person, 
firm or corporation desiring to lease from the city any part of the unim- 
proved public wharf for a longer period of time than five years shall make 
written application to the harbor and wharf commissioner, specifying in the 
application the name of the person, firm or corporation asking the lease, 
the vearly price to be paid, the number of years wanted, the location and 
boundaries, with a correct plat annexed to the application, the purpose for 
which it is to be used or occupied. When this has been done, it shall be the 
duty of the harbor and wharf commissioner, on the same day application 18 
made, to record in his office book a copy of the application and give to the 
applicant a duplicate copy of such application, who shall, within two days 
from the time of receiving the duplicate copy, cause the same, at his or their 
expense, to be published in the daily newspaper authorized by ordinance to 
do the city printing, ten times consecutively. He or they shall also, on the 
first day on which the advertisement appears, furnish the comptroller a copy 
thereof. When this has been done the harbor and wharf commissioner 
shall certify on the proposed lease ordinance that the provisions of this sec- 
tion have been complied with. All ordinances or parts of ordinances in 
conflict with this section are hereby repealed. (M. C., sec. 406.) 


Sec. 388 should be read in connection with sec. 379, which it was originally 
intended to supplement. 


ARTICLE IIT. 
OF WHARFBOATS.* 


*I’or charter authority for the provisions of this article see Charter, Art. 
IX, secs, 8-10. 


Sec. 384. License—how obtained—Bond, ete.—Any person or | 
persons, corporation or company entitled by the terms of this article to-moor a 
wharfboat at the landing, and desiring to do so, shall make a written appli- 
eation to the harbor and wharf commissioner therefor, in whieh shall be 
stated the name or style of the firm or company making such application, the 
names, number and tonnage of the boats owned by them, for which said 
wharfboat is to be used, and the trade in which said boats are to be em- 
ployed. Said application shall be accompanied by a sworn statement of 
the names of the owners of the wharfboats and boats, and the exact pro- 
portion owned by each person in said wharfboat or boats respectively, 
which application and statement shall be filed with the register. The party 
or parties desiring to keep and use such wharfboat shall, before mooring 


ART. III.) OF WHAREBOATS. 653 


the same at the wharf, execute to the city a bond in the penal sum of twenty 
thousand dollars, with good and sufficient security, who shall be owners of 
unincumbered real estate in the city, to the satisfaction and approval of the 
Mayor, conditioned that said wharfboat shall at all times be good, safe and 
seaworthy, and supplied constantly with at least one good force pump, and 
one hundred and fifty feet of hose, which shall always be in good order and 
ready for use; that the owner or party representing said wharfboat will 
strictly comply with all ordinances that may be passed for the government 
of wharfboats and the collection of whar fage and wharf rent; that in case 
of the sinking of said wharfboat from any cause, the same, Or the wreck 
thereof, shall be removed forthwith from the landing at the expense of the 
owner or representative of said wharfboat, so that the same shall offer no 
obstruction to the harbor. (M. C., sec. 407.) 


See also sec. 379. 

Sec. 385. Storage or forwarding charges not to be 
made.—No person keeping or interested in a wharfboat shall be allowed 
to charge for the storage or forwarding of any freight or merchandise 
passed over said wharfboat, nor to receive any commission on said freight 
or merchandise, nor to charge directly or indirectly any transient or other 
boats for the privilege of landing at said wharfboat, nor shall any packet 
boat having wharfboat privileges be allowed to receive freight at any other 
place on the paved wharf than in front of its respective w ohh arfboat, unless 
with the consent of the harbor and wharf commissioner. Any person, as- 
sociation or company violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and shall pay to the city a fine of not 
less than two hundred fifty dollars for each offense, and the said commis- 
sioner shall report every such violation to the city attorney. (M. C., see. 
408.) 

But see Charter, Art. IX, sec. 9, imposing (for some of the same offenses 


prohibited in sec. 385) a penalty of fifty dollars. If the provisions are in con- 
flict of course the Charter would prevail as the paramount law. 


See. 386. Wharfboats—how fastened.—All wharfboats moored at 
the wharf shall be so fastened that their chains, cables, stages and crabs 
shall offer the least possible obstruction to the free passage of drays and 
wagons. The harbor and wharf commissioner shall designate the place at 
the wharf where each wharfboat shall lie, and wharfboats shall remove to 
any other place at the wharf whenever the harbor and wharf commissioner 
shall so direct. (M. C., sec. 409.) 


Sec. 387. Barges may have wharfboat privileges.—Any per- 
son or persons, cor poration or company transporting general merchandise 
upon barges by means of steam tow-boats to and from this port may avail 
themselves of the provisions of this article in regard to wharfboats, on the 
same terms and conditions as are Bele iy to steamboats regularly carrying 
freight and passengers. (M. C., sec. 410.) 


Sec. 388. Annual rent rates.—wharfboats not to affect dues. 
—All persons, owners of wharfboats, having wharfboat privileges shall pay 
an annual rental to the city of one dollar fifty cents for each front foot of 
wharf or landing that may be so occupied. No wharfboat over four hun- 
dred feet long shall be allowed at the paved wharf. The above wharf rent 
shall be paid semi-annually in advance. The mooring of any wharfboat 
shall not affect in any manner the wharfage or state or city taxes, dues or 
levee rates assessed or levied on any steamboat or other water craft landing 


654 REVISED CODE OR GENERAL ORDINANCES. [CHAP. ,10.. 


thereat, but such wharfage tax, dues or rates sball be collected from each 
boat landing at any wharfboat as though said wharfboat was not there. 
(M. C., sec. 411.) 


Latter part of section is the same as Charter, Art. IX, sec. 10. 


See. 389. Stages to connect wharfboat with wharf. 
Kivery wharfboat shall at all times be connectea with the wharf by at least 
two stages, of such size and strength that loaded drays and waguous may 
safely drive over the same to and from said boat, and every wharfboat shall 
have sufficient breadth of beam and strength of deck to receive on board at 
any time at least three loaded two-horse drays or wagons, with room for 
said vehicles to load and unload, and pass and repass; provided, that the 
wharfboat belonging to the Naples and Peoria Packet Company now moored 
at the wharf is exempted from the provisions of this section; and, pro- 
vided further, that wharfboats from one hundred to four hundred feet in 
length shall not be permitted to lie at their regular landing place with a 
less space than thirty feet between said wharfboat and the water line on 
the landing in front of said wharfboat; and wharfboats from two hundred 
to four hundred feet in length shall not be permitted to lie at their regular 
landing place with a less space than fifty feet between said wharfboat and 
the water line on the landing in front of said wharfboat. (M. C., sec. 412.) 


Sec. 390. Removal of wharfboat—when for failure to 
comply with article.—Every person or persons, corporation or com- 
pany, the owner or owners of any wharfboat now moored to and using the 
paved wharf of the city, shall forthwith comply with the provisions of this 
articie, and on failure to do so shall subject themselves to the liabilities 
of this article, and the harbor and wharf commissioner shall remove or 
cause to be removed said wharfboat. (M. C., sec. 4138.) 


Sec..391. Rent unpaid, privilege of wharfage denied. 
Any person or persons, corporation or company that are,now, or may be here- 
after, the owners of a wharfboat, and who are now, or hereafter shall be in 
arrears to the city for wharfage rent shall not be allowed to avail them- 
selves of the privileges of this article, so long as such wharfage rent remains 
unpaid, nor shall such wharfboat or wharfboats be allowed or permitted 
to remain at the paved wharf of the city, but the harbor and wharf com- 
missioner is authorized and hereby required to remove or cause to be re- 
moved such wharfboat or wharfboats from the paved wharf, and for that 
purpose may cali to his aid the police force of the city. (M. C., sec. 414.) 


Sec. 392. Penalty for violating article.—Every person who shall 
moor or continue a wharfboat within the city contrary to the provisions 
and requirements herein provided shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in a sum not less than fifty nor 
more than one hundred dollars for each offense, and each day’s continuance 
of such violation of the provisions of this article shall constitute a sep- 
arate misdemeanor or offense. (M. C., sec. 415.) 


ARTICLE IV. 
OF WOOD 


Sec. 393. Districts designated.—For the purpose of receiving, rank- 
ing and measuring cordwood and collecting wharfage thereon the city is 


ART. £V.) OF WOOD. 655 


hereby divided into two districts; all that part of the city lying south of 
the center of Market street shall compose the southern district, and all that 
part of the city lying north of the center of Market street shall compose 
the northern district. (M. C., sec. 416.) 


See. 394. Deputy commissioner to act as woodmaster.— 
The harbor and wharf commissioner shall appoint one of his deputies to 
the special charge and control of each of said districts, who shall respec- 
tively perform the duties heretofore performed by the woodmaster, as pro- 
vided by this chapter. (M. C., sec. 417.) 


Sec. 395. Duties of deputies.—It shall be the duty of the deputy 
and wharf commissioner appointed as provided by section 394, to superin- 
tend and direct the landing of all firewood brought to the city by water or 
rail, and landed on the wharf or landing, and to cause the same to be piled 
up in a close and compact manner, and to exercise, under the control of the 
harbor and wharf commissioner, general supervision over the wharf or land- 
ing in relation to firewood landed thereon. They shall, whenever requested 
by the harbor and wharf commissioner, inform him of the quantity of fire- 
wood on the landing, and the length of time it has remained thereon, and 
the amount of wharfage, if any, due on the same. (M. C., sec. 418.) 


Sec. 396. Selling wood at the original measurement, which 
has been removed from cord, a misdemeanor.—Any person 
who shali remove any wood from the cords after the same shall have been 
measured, and shall thereafter sell or offer to sell the same at its original 
measurement, and any wood having been previously measured which is ex- 
posed in ranks upon the public wharf shall be deemed as offered for sale, 
or any person who shall remove wood from the wharf before the payment 
of wharfage therefor, shall be deemed guilty of a violation of this chapter, 
and upon conviction thereof shail be.fined in a sum of not less than twenty- 
five nor more than fifty dollars. (M. C., sec. 419.) 


Sec. 397. Firewood— wharfage rates—remaining on unpaved 
wharf—duty of deputy commissioner to report amount and 
owner—what wood exempt—not to occupy paved wharf.—There 
shall be collected wharfage of ten cents on each and every cord of firewood 
brought to this city by boat, rail or raft, either before or after the same is 
_ unloaded from boat, rail or raft, with the permission that the same may 
remain on the unpaved landing a length of time not exceeding thirty days, 
and whenever the same shall remain longer than thirty days, it shall be re- 
quired to pay five cents a cord in advance, every thirty days for the time it 
may so remain; and it shall be the duty of the deputy harbor and wharf 
commissioner to report, in writing, to the harbor and wharf commissioner, 
the amount of ali firewood, with the name of the owner or consignee there- 
of, subject to payment of wharfage as soon as it arrives within their respec- 
tive districts, and also the report aseaforesaid, the amount of all firewood 
liable to the payment of wharfage within their respective districts, by rea- 
son of its having remained on the landing longer than the time allowed by 
this section, since the last payment of wharfage; provided, that wood on 
steamboats or locomotives, intended for their own use, is not subject to the 
payment of wharfage; and provided further, that no portion of the paved 
wharf or landing shall be occupied by wood unless by permission of the 
harbor and wharf commissioner. (Ord. 21911, sec. 1; amending M. C., sec. 
42().) 


See sec. 375. 


606 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


Sec. 398. Cord—how d of wood shall be com- 
puted as one hundred twenty-eight cubie feet, and all firewood shall be sold 
by the cord or fractional part of cord. The deputy harbor and wharf com- 
missioners, when measuring wood, shall rate the length of the wood at four 
feet, including one-half of the kerf. (M. C., see. 421.) 


Sec. 399. Measurement of firewood for private use.—Fire- 
wood brought to the city by water for private use and not for sale may, at 
the option of the owner, be measured in the bulk or boat load. (M. C., 
sec. 422.) 


Sec. 400. Deputy — hours at wharf.— The deputy harbor and 
wharf commissioners shall be at all times, from sunrise until dark, upon 
those parts of the wharf or landing where firewood is directed to be landed 
or sold... (M. C., sec. 423.) 


Sec. 401. Measurements for vendors or purchasers.—The dep- 
uty harbor and wharf commissioner shall, whenever required so to do by 
any vendor or purchaser of firewood, measure and mark off any quantity of 
firewood required, and is hereby authorized and required to charge and 
collect from such vendor, for every such measurement, a fee of five cents 
per cord; such fees shall be paid over on Saturday of each week by the 
harbor and wharf commissioner to the treasurer, taking triplicate receipts 
therefor, one of which he shall file with the auditor and one with the comp-. 
troller. (M. C., sec. 424.) 


Sec. 402. Coal or coke—barge of, measurement.—The 
deputy harbor and wharf commissioner, whenever required so to do by 
any vendor or purchaser of a barge of coal or coke, shall measure and 
certify the number of bushels contained therein, and is hereby authorized 
and required to charge and receive from the person or persons so requiring 
the measurement, a fee of fifty cents per every one thousand bushels, and 
for very fractional part thereof over five hundred bushels, fifty cents, and 
under five hundred bushels, twenty-five cents, which fee shall be paid in as 
provided by section 401. (M..C., sec. 425.) 


As to coal measurements in general, etc., see secs. 2562 to 2574, 2540. 


Sec. 408. What collections to be made by collector. 
All collections required by this article other than those mentioned by sec- 
tions 401 and 402 shall be made by the collector. The harbor and wharf 
commissioner, on delivering each bill to the collector, shall take duplicate 
receipts therefor, one of which he shall retain in his office, and the other 
he shall deliver at least monthly to the auditor, who shall charge the col- 
lector with the bills so placed in his hands for collection. (M. C., sec. 426.) 


Sec. 404. Report — what to be made to assembly.—The 
harbor and wharf commissioner, in his annual report to the municipal as- 
sembly, shall present, in statistical form, the number of cords of wood and 
the amount of revenue derived from the wharf age and measurement of said 
wood for the year last past. (M. C., sec. 427.) 


ARTICLE V. 


OF SCAVENGER DUMPS. 


Sec. 405. Location of dumps. —There are hereby established the 
following-named scavenger dumps, and located as follows, to-wit: The 


ART. V.] OF SCAVENGER DUMPS. 657 


northern scavenger dump, at or near the foot of Clinton street; central 
scavenger dump, at or near the foot of Mullanphy street; Chouteau avenue 
scavenger dump, at or near the foot of Chouteau avenue; Victor street 
scavenger dump, at or near the foot of Victor street; southern scavenger 
dump, at the foot of Stein street, South St. Louis. (M. C., sec. 428.) 


Sec. 406. Superintendent of.—The harbor and wharf commissioner 
shall appoint one of his deputies to be superintendent of scavenger dumps. 
(M. C., sec. 429.) 


See. 407. Watehmen.—tThe harbor and wharf commissioner shall 
appoint, with the approval of the president of the board of public improve- 
ments, the following number of watchmen for the several dumps: For the 
northern dump, two watchmen; for central dump, three watchmen; for 
Chouteau avenue dump, two watchmen; for Victor street, two watchmen ; 
for southern dump, two watchmen; who shall be divided by appointing one 
watchman for day and one watchman for night work on each of the dumps, 
except the central dump, where two watchmen shall be stationed on the day 
watch; said watchmen shall receive in full compensation for their services 
the sum of six hundred dollars each per annum, payable monthly. (M. C., 
sec. 430.) 


See. 408. Dumps to be free.—The scavenger dumps established 
and maintained by the city shall be free dumping places for slops, refuse 
from markets, manure, night soil, offal from slaughter houses and other 
animal or vegetable matter, but not for earth, stone or other matter liable 
to fill up the river bed in front of the dumps, and to create an obstruction 
to the harbor of the city. (M. C., sec. 451.) 


See. 409. Regulations of, to be made. — The harbor and 
wharf commissioner is hereby authorized and directed to make such regu- 
lations concerning the manner and time of dumping night soil and other 
offensive substances as he may deem necessary to prevent the creation of a 
nuisance thereby. (M. C., sec. 432.) 


See. 410. Use of, may be prohibited.—Whenever, on account 
of low water or from any other cause, one of the dumps established and 
maintained by the city shall be unfit to be used, or if the further use of any 
established dump will create a nuisance or an obstruction to the harbor of 
the city, the harbor and wharf commissioner shall have the right to tem- 
porarily prohibit the use of such dump, either entirely or for only for cer- 
tain kinds of material, as in his judgment may be required, and to provide 
in its stead such other temporary convenience for dumping as the necessi- 
ties of the case may demand. (M. C., sec. 453.) 


Sec. 411. Removal of offal—additional help—ship carpenters 
and caulker.—The harbor and wharf commissioner is hereby authorized 
with the approval of the president of the board of public improvements, to 
employ such labor as is necessary to remove sediment, garbage, butchers’ 
stuff and other offal as accumulates on the public levee or wharf, such labor 
to receive one dollar and seventy-five cents per day each. The harbor and 
wharf commissioner may also, with the approval of the president of the 
board of public improvements, appoint two ship carpenters and one caulker, 
who shall receive as compensation three dollars per day each. (Part of 
ord. 22166.) 


This ord! 22166, repeals sec. 4384 of the M. C. The section repealed is 
correctly referred to in the title, though not in the body of the ordinance where 
it is designated as 404 instead of 434. As to employes of Harbor.and Wharf 
department, see R. C., secs. 1965, 2012-2014, 1999. 


658 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


Sec. 412. Violations of article—penalty.—Any person who shall 
dump from any of the dumps maintained by the city, earth, stone or other 
material prohibited from being dumped by this article, or who shall dis- 
obey any of the directions or orders of the harbor and wharf commissioner 
in relation to dumps, given under authority of this article, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be fined in a sum 
not less than five nor more than one hundred dollars. (M. C., sec. 435.) 


ARTICLE VI. 


OF FERRIES. 


Sec. 4138. Keepers of ferries to pay a license.—No person shall 
keep a ferry within the limits of this city, so as to demand and receive pay 
for transporting persons or property across the Mississippi River, or use 
in any way the wharf or shore of said river as a ferry landing without a 
license therefor, under penalty of thirty dollars for each day such ferry 
may be kept without a license. (M. C., sec. 436.) 


Charter power: Art. III, sec. 26, clause 4. This provision is valid: St. Louis 
vs. Waterloo-Carondelet T. Co., 14 Mo. App. 216. In granting licenses charge for 
round trip may be limited: State vs. Sickmann, 65 Mo. App. 499. 


See as to right of a city to impose a license tax on ferries plying between 
St. Louis and Hast St.’ Louis: Wiggins Ferry Co. vs. Hast St. Louis, 107 U. S. 
365; St. L. vs. Waterloo-Carondelet, supra. See also, as to protecting such 
ferry franchise by injunctive relief against unauthorized operation of a rival 
ferry company which has no ecity license: Cauble vs. Craig, 94 Mo. App. 675, 
682; Carroll vs. (Campbell, 110° Mo. 557; Carroll vs. Campbell; 108 Mo: 550; 
Where a city is not given exclusive power to license, the rignt of the state to 
license ferries is not taken away: Harrison vs. State, 9 Mo. 530. Special legis- 
lation relating to ferries is prohibited by the Missouri constitution of 1875: Art. 
IV, sec. 58. See Carroll vs. Campbell, supra. 


See also in connection herewith limitation of the right of the city and 
state to impose a license tax (though in lieu of wharfage dues) on vessels licensed 
under the laws of Congress to do a coasting trade on the Mississippi river, and 
engaged in carrying freight, authorities referred to in head note to Art. 2 of this 
chapter. 


Sec. 414. Petition for ferry to be made to assembly. 
Any person who shall desire to keep a ferry within the limits of this city 
shall petition the municipal assembly for a license therefor, setting forth 
in the petition the number and kind of boats intended to be employed, the 
length of time for which said license is wanted, and places where such ferry 
is designed to be kept. (M. C., sec. 4387.) 


Sec. 415. Assembly to direct license to issue and pre- 
scribe rate.—The municipal assembly may by ordinance direct a license 
to issue and prescribe the sum of money to be paid therefor each six months. 
(M. C., sec. 438.) 


Sec. 416. Term of license and bond.—Upon the passage of 
such ordinance a license shall be issued to the applicant for the term of 
six months, charging therefor the sum directed by such ordinance; pro- 
vided, that the applicant therefor shall give bond to the city in the sum of 
ten thousand dollars, with not less than two sureties, holders of unincum- 
bered real estate in the city, to be approved by the Mayor and Council, con- 
ditioned for the faithful performance of all duties enjoined by any ordi- 
nance of the city. (M. C., sec. 439.) 


ART. ‘VI.] OF FERRIES. 659 


See. 417. Renewals of license.—If the license be granted by the 
municipal assembly for a longer time than six months, it shall be renewed 
at the end of each six months, during the time specified by ordinance, with- 
out the necessity of a new petition. (M. C., sec. 440.) 


Sec. 418. Issue of licenses, when assembly not in session. 
At any time when the municipal assembly is not in session, the Mayor may 
direct ferry licenses to be issued to continue in force until the end of the 
next reguiar session of the municipal assembly, upon the applicant giving 
bond as hereinbefore required. (M. C., sec. 441.) ; 


Sec. 419. Duties of ferry-Keepers.—Every keeper of a ferry shall 
keep a good and sufficient boat or boats, in good repair and well manned, 
and give ready and due attendance at all times between sunrise and dark, 
and for neglecting, failing or refusing to give such attendance er promptly 
to transport persons or property across the river, when the river can be 
passed, shall be deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than ten nor more than twenty dollars; provided, 
he shall not be obliged to transport any person or property before payment 
of the legal ferriage therefor shall have been made or tendered. (M. C., 
sec. 442.) 


Sec. 420. When license may be revoked.—If any keeper of a 
ferry fail or neglect for three consecutive days, or for six several days within 
any period of six months, to perform the duties herein enjoined on him, 
except when prevented by the elements or other uncontrollable cause, cal- 
culated to render navigation dangerous or impracticable, his license may 
be revoked by the Mayor or municipal assembly, and after he shall have 
received notice of such revocation, he shall not for the purpose of trans- 
porting persons or property, as a ferry land any ferry boat or take it from 
the shore of the river within the city, under penalty of not less than twenty 
nor more than one hundred dollars for each offense. (M. C., sec. 443.) 


Sec. 421, Ferry keepers may be sued on bond.—<Any per- 
son injured or damaged by the failure, neglect, or refusal of any ferry 
keeper to perform any of the duties enjoined by this article may sue upon 
said bond issued as hereinbefore required. (M. C., sec. 444.) 


Sec. 422. Landing to be designated by commissioner.—lIt 
shall be the duty of the harbor and wharf commissioner to designate the 
places of landing of the different ferries, unless the same shall be fixed by 
ordinance. (M. C., sec. 445.) 


See. 423.. Temporary landing to be designated—when.—lIf any 
ferry boat, op account of the low stage of water in the river, or other nat- 
ural causes, shall at any time be prevented from landing at the point des- 
ignated as its landing place, the harbor and wharf commissioner shall des- 
ignate the nearest point thereto at which such boat can, without obstruc- 
tion, land at its landing place for the time being; and such boat shall be 
landed at the place so designated until a landing can be effected unob- 
structedly at its regular landing place. (M. C., sec. 446.) 


See. 424. Rules for operating ferry boats.—Ferry boats shall 
pursue the nearest practical route or course across the Mississippi River, 


660 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10. 


and shall not remain at the landing in this city longer than ten minutes, 
unless compelled to do so in order to discharge and take in passengers or 
cargo. (M. C., sec. 447.) 


Sec. 425. Rates of ferriage.—At any ferry established under this 
article, ferriage for one passage in either direction shall not exceed the 
following rates, to-wit: For children under five years of age, when accom- 
panied by guardian, free; for each person five years of age or over, five 
cents; for hogs and sheep, per head, four cents; for cattle, horses and mules, 
per head, ten cents; for man and horse or mule, fifteen cents; for one-horse 
vehicle, including driver, twenty-five cents; for two-horse vehicle, including 
driver, thirty-five cents; for three-horse vehicle, including driver, forty-five 
cents; for four-horse vehicle, including driver, fifty cents; for five-horse 
vehicle, including driver, sixty cents; for six-horse vehicle, including 
driver, seventy cents; provided, however, that rates for market wagons, or 
vehicles loaded with produce of manufacture of this state or the state of 
Illinois and returning empty within ten days after crossing, shall not ex- 
ceed for one-horse vehicle each way, fifteen cents; each two or three-horse 
vehicle, each way, thirty cents; each four-horse vehicle, each way, thirty- 
five cents ; provided, that any party, person or corporation violating any of 
the provisions of this secticn by demanding or receiving any compensation 
in excess of amounts herein provided shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be punished by a fine of not less 
than one hundred dollars nor more than five hundred dollars for every of- 
fense, one-half of said fine to go to the informer. In addition to the above 
penalty,’ the license or privilege to land at any wharf or landing within the 
limits of the city may be revoked by the Mayor or municipal assembly by 
proper ordinance, for any violation of the provisions of this chapter in rela- 
tion to demanding or receiving any compensation in excess of amounts here- 
in provided. No ‘charge shall be made for the load in any vehicle. (M. C., 
sec. 448.)_ 


Sec. 426. Rates to be posted, where.—Upon every ferry boat 
licensed as aforesaid, there shall be posted up in at least two conspicuous 
places, printed copies of the next preceding section; and any ferry keeper 
failing to keep the same posted up shall be deemed guilty of a misdemeanor, 
and upon conviction thereof be fined not exceeding twenty dollars for each 
day of failure. (M. C., sec. 449.) 


Sec. 427. Wiggins Ferry Company—terms of license to.— 
Upon the Wiggins Ferry Company complying with the provisions of this 
article, it shall “be entitled to a license to keep a ferry within the city limits 
during the pleasure of the municipal assembly, upon the payment of ‘twenty: 
five hundred dollars every six months in advance, on the first days of March 
and September of each year, and to have one landing place above and one 
below Market street, at the paved wharf, not to exceed for each landing 
place two hundred feet in length. (M. C., see. 450.) 


The Wiggins Ferry Co. is an Illinois corporation; as to the right of East 
St. Louis to impose a license tax, and that such is not void because plying 
between states see Wiggins Ferry vs. East St. Louis, 107 U. S. 365. See also 
in general Louisville Ferry Co. vs. Kentucky, 188 U. S. 385. 


See. 428. Madison county ferry—how governed.—Upon the 
Madison County Ferry Company complying with the provisions of this 
article, it shall be entitled to a license to keep a ferry within the city limits 


ART. VI.] OF FERRIES. 661 


during the pleasure of the municipal assembly, upon the payment of three 
hundred dollars every six months in advance e and to have one landing place 
not to exceed two hundred feet in length. (M. C., sec. 451.) 


Sec. 429. *Licenses under two preceding sections—term of 
and renewal. —A license shall be issued to each of said ferry companies 
in the preceding sections mentioned, for six months, to commence from the 
date of the expiration of their last license. Upon the expiration of every 
ferry license so granted, the same shall be renewed until otherwise ordered 
by the municipal assembly, upon the payment of the amount required by 
this article, without any additional petition. (M. C., see. 452. 


Sec. 430. Right of amendment or repeal reserved.—This 
article in relation to ferries, and the rights and privileges hereby granted 
to the Wiggins Ferry Company and the Madison County Ferry Company, 
are subject to amendment, modification or repeal. (M. C., sec. 453.) 


See. 4381. Sunken boat or float to be removed from 
harbor. ‘ase any ferry boat or float sinks in the harbor, it shall be 
the duty of the owners thereof, at their own expense, to forthwith remove 
the same from the harbor, and if the said owners fail to forthwith remove 
said boat or wreck, it shall be the duty of the harbor and wharf commis- 
sioner to remove the same at the expense of said owners, and said owners 
shall be liable on their bond for all expenses incurred in such removal by 
the harbor and wharf commissioner. (M. C., sec. 454.) 


See. 4382. Hllinois and St. Louis Railroad and Coal Company 
--conditions of license to.—Upon. the Illinois and St. Louis Rail- 
road and Coal Company complying with the provisions of this article, it 
shall be entitled to a license to keep a ferry within the city limits during 
the pleasure of the municipal assembly, upon the payment of three hundred 
dollars every six months in advance and to have one landing place at or 
near the foot of Mulberry street, not to exceed one hundred and fifty feet in 
length. (M. C., sec. 455.) - 


See. 483. St. Clair Ferry Company to land at Sidney 
street. —That portion of the wharf in the southern part of the city lying 
at the foot of Sidney street, commencing at a point forty feet north of the 
north line of Sidney street and extending therefrom southwardly one hun- 
dred and fifty feet, shall be and the same is hereby designated as the place 
of landing for the ferry of the St. Clair Ferry and Transfer Company, but 
the floats against which said ferry company shall land its boats shall not 
exceed one hundred and fifty feet in length. (M. C., sec. 456.) 


Sec. 484. License granted to St. Clair Ferry Company. 
There is hereby granted to said St. Clair Ferry and Transfer Company a 
ferry privilege, and said company shall be entitled to a license to keep a 
ferry within the city limits, and at the place of landing designated in the 
pr eceding section during the pleasure of the municipal assembly, for which 
privilege and license s aid company shall pay the city seventy-five dollars 
every six months, in advance; and such license is hereby directed to be is- 
sued to said company, and to be renewed from time to time. (M. C., sec. 
457.) 


Sec. 435. Colleetions, how made—bonds, where filed—li- 
censes, how issued. —AIl collections required by this article shall be 


662 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 10; 


made by the collector; all bonds required to be executed to the city by this 
article shall be filed with the register, and all licenses herein required shall 
be issued in blank by the register and delivered to the comptroller, who 
shall countersign the same, and deliver and charge the same to the harbor 
and wharf commissioner, who shall make out said bills and Geliver them to 
the collector, taking triplicate receipts therefor, one of which he shall file 
with the auditor, and one with the comptroller. (M. C., sec. 458.) 


Sec. 486. License to Waterloo-Carondelet Turnpike and Fer- 
ry Company. —Upon the Waterloo, Carondelet Turnpike and Ferry Com- 
pany complying with the provisions of this article, it shall be entitled to a 
license to keep a ferry within the city limits during the pleasure of the 
municipal assembly, upon the payment of one hundred dollars every six 
months in advance, and to have one landing place at some place south of 
Stein street, to be fixed by the harbor and wharf commissioner, not to ex- 
ceed two hundred feet in length. (M. C., sec. 459.) 


St. Louis vs. Waterloo-Carondelet T. and F. Co., 14 Mo. App. 216. 


CHAPTER 11. 


HEALTH DEPARTMENT.* 


ART. I. Of Board of Health. 
II. Of Health Commissioner and Assistants. 
Ill. Of City Bacteriologist. 
Iv. . Of City Chemist. 
V. Of Inspection of milk and cream, and of licensing and regulating the 
sale thereof. 
VI. Of regulations of daries and cow-stables. 
Vil. Of inspection of meat, fish, vegetables and fruit. 
VIII. Of poisons. 
IX. Of adulterated article. 
xX. Of regulations concerning the cutting of ice. 
XI. Of regulations of vaults, privies and water closets. 
XII. Of nuisances. 
XIII. Of carcasses of dead animals, garbage or offal. 
XIV. Of vital statistics. 
XV. Of regulations concerning the practice of medicine, surgery or mid- 
wifery. 
XVI. Of City Hospital, Female Hospital, Insane Asylum and Dispensaries. 
XVII. Of Poor House. 
XVIII. Of regulations concerning contagious, infectious and pestilential dis- 
eases. 
XIX. Of quarantine. 
XxX. Of mortuary records. 
XXI. Of regulations concerning the transportation and disinterment of dead 
bodies. 
XXII. Of cemeteries. 
XXIII. Of crematories. 
XXIV. Of bringing insane persons and paupers into city. 
XXV. Of salaries of officers and employes. 


ARTICLE I. 
OF BOARD OF HEALTH. 


Sec. 437. Members of.—The board of health, as constituted by sec- 
tion two of article twelve of the charter, shall consist of the Mayor, who 
shall be its presiding officer, the presiding officer of the council, a commis- 
sioner of police, to be designated by the Mayor, two regular practicing phy- 


*Charter, Art. XII, treats of the Health department. 


ART. L] OF BOARD OF HEALTH. 663 


sicians, who shall possess the same qualifications as the Mayor, and who 

shall be appointed by the Mayor and confirmed by a majority of the mem- 

bers of the council, and the health commissioner, who, in the absence of 
the Mayor, shall be the presiding officer. (M. C., sec. 460.) 

Members of the board of health are not state officers within the meaning 

of the. constitution relative to appeals: State ex rel. vs. Board of Health, 


90 Mo. 169. As to functions of Board of Health see State vs. Butler, 178 Mo. 272, 
303 ef seq. 


Sec. 438.. Meetings—quorum—rules.—tThe board shall meet twice 
in each week during the year; but may be convened in special session at 
any time by the Mayor, health commissioner, or by any two members of 
the board, upon a written notification, served twelve hours before the time 
of said meeting. Three members of the board shall constitute a quorum 
for the transaction of business. The board shall have power to adopt rules 
and regulations for its government. (M. C., sec. 461.) 


See Charter, Art. XII, sec. 2, making same provisions. 


Sec. 439. President pro tem.—In case of the absence of both the 
presiding officers of the board, as established by the charter, from any regu- 
lar or special meeting, the other members are hereby empowered and author- 
ized to organize the board and conduct their business by electing a presid- 
ing officer pro tempore. (M. C., sec. 462.) 


Sec. 440. Terms and salaries.—The members of the board of health* 
shall hold their office for the term of four years and until their successors 
are duly elected or appointed and qualified. They shall, except the Mayor, 
health commissioner, president of the council and police commissioner, re- 
ceive a salary of five hundred dollars each per annum, payable monthly. 
(M. C., sec. 463.) 


Sec. 441. Books and records to be kKept.—The board of health 
shall cause to be kept in suitable books a full and correct record of its pro- 
ceedings and acts. They shall also cause to be kept a full and correct ac- 
count of all expenses incurred. by their authority, specifying the amounts, 
why and when, and how incurred, for what purpose applied, and also a cor- 
rect account of moneys received by them from whatever source. They shall 
also cause to be kept a book for the registration of all physicians who have 
complied with all ordinances governing physicians, and shall furnish a copy 
of the same to any druggist or apothecary applying therefor. (M. C., sec. 
464.) 


See Charter, Art. XII, sec. 14. 


See. 442. Accounts of—approval and auditing.—Before any 
money is paid out the accounts therefor shall be examined and approved by 
a majority of the board, and signed and approved by the president or health 
commissioner and attested by the clerk, and such accounts, if so certified, 
shall be audited by the auditor in the same way other accounts are audited, 
and he shall draw his warrants on the treasurer for such amounts, accord- 
ing to law. (M.C., sec. 465. : 


Sec. 443. Purchase of articles required.—All articles of every 
kind and description that may be required in any and all of the institutions 
and departments under the charge of the board of health shall be pur- 
chased, as may be provided for by the charter and ordinances. (M. C., 
sec. 466.) 


664 REVISED CODE OR GENERAL ORDINANCES [CRAP Cit, 


See. 444. Clerk—appointment of.—The health commissioner shall 
appoint some fit and competent person, who shall possess the qualifications 
as prescribed by section ten, article four of the charter, as clerk of the 
health commissioner, and such appointment shall be subject to the approval 
of the board of health. The clerk of the health commissioner shall act as 
the clerk of the board of health. (M. C., sec. 467.) 


See Charter, Art. XII, sec. 14. 


Sec. 445. Salary and bond of clerk.—Said clerk shall receive 
a salary of eighteen hundred dollars a year, payable monthly, and shall, be- 
fore entering upon the duties of his office, give a good and sufficient bond 
in the sum of five thousand dollars, conditioned as the bond of other city 
officers, and be approved by the mayor and council. (M. C., see. 468.) 


Sec. 446. Duties of clerk. —It shall be the duty of the clerk to at- 
tend at the office of the board of health and the health commissioner, attend 
all meetings of the board, record its proceedings in suitable books, issue its 
orders, sign all notices and attest all copies of papers and proceedings, and 
to do and perform all such duties as may be required of him by the board 
of health and the health commissioner. He shall also keep a record of all 
acts and orders of the health commissioner, shall file all petitions, docu- 
ments and papers belonging to the office of health commissioner and board 
of health, and shall keep a correct account in full of all receipts and ex- 
penditures in said offices, and a strict account of all moneys and effects that 
may come into his possession, and he shall devote his time to the duties of 
his office. (M. C., sec. 469.) 


Sec. 447. Powers of board in reference to asylums for 
blind, deaf, ete.—The board of health of the City of St. Louis is here 
by authorized and empowered to do all acts and perform all functions which 
have heretofore been done and performed by the county court of the county 
of St. Louis prior to the adoption of the scheme for the separation and reor- 
ganization of the government of the City and County of St. Louis, and the 
adjustment of their relations in reference to the admission of deaf and 
dumb persons to the Missouri Institution for the Education of the Deaf and 
Dumb, and the admission of blind persons to the Missouri Institution for 
the Education of the Blind. (M. C., sec. 470.) 


Sec. 448. Powers as to existing laws and future laws 
governing such institutions.—The board of health is hereby authorized 
and empowered to execute and carry out all existing laws, and such laws as 
may hereafter be passed by the general assembly of the State of Missouri 
which confer any power or require the performance of any duty by county 
courts in reference to the admission of deaf and dumb and blind persons to 
the institutions provided by the state for their education. (M. C., see. 471.) 


Sec. 449. Authority to reopen certain wells.—Authority is 
hereby given to the board of health to grant a permit to reopen any well 
which was closed pursuant to ordinance thirteen thousand two hundred 
and seventy-two, on such terms and conditions and under such regulations 
and restrictions as they shall deem expedient, such permit to be revocable 
at any time, and without notice, and on such revocation the well embraced 
in the same to be closed by and at the cost of the person to whom the permit 
is granted; provided, however, that nothing herein contained shall be con- 
strued as making obligatory on the board of health to grant the above per- 


ART. 15,3 OF HEALTH COMMISSIONER. 665 


mit in any cuse, and the right to reject and refuse applications for permits 
in any and all cases is reserved to the board of health. (M. C., sec. 472.) 


See R. C., sec. 618. 


Ord. 13272 was repealed by ord. 13352, approved July 23, 1885, and what is 
now sec. 618, enacted in lieu thereof, which is a re-enactment of the ordinance 
repealed by sec. 13272. See as to the authority of the city to abolish wells: 
Ferrenbach vs. Turner, 86 Mo. 416 (holding ord. 13272 valid). 


ARTICLE II. 
OF HEALTH COMMISSIONER AND ASSISTANT. 


See. 450. Duties and powers of Commissioner.—The health com- 
missioner shall have general supervision over the public health of the city, 
and see that its regulations and the laws and ordinances of said city in re- 
lation thereto are enforced and observed, and for that purpose is authorized 
and empowered to make such rules and regulations, with the approval of the 
board of health, not inconsistent with the charter or any city ordinance or 
law of the state, as will tend to preserve and promote the health of the 
city, and to appoint such employes, with the approval of the board of health, 
as may be necessary for the execution of his orders; to enter into or author- 
ize any employe or police officer to enter into and examine, in the day time, 
all buildings, lots, and places of every description within the city, and to 
ascertain and report to him the condition thereof, so far as the public health 
may be affected by it; to declare and abate nuisances in such manner as may 
be provided by the charter, or by the ordinances of the city; but all such 
condemnation must first be approved by the board of health, whose action 
thereon shall be final; and shall provide for the registration of all births 
and deaths within the city; shall have charge of all city hospitals, quaran- 
tine, insane asylum, morgue and city dispensary, and with the advice and 
counsel of the board of health make all the necessary rules for the govern- 
ment thereof. He shall obey all orders not inconsistent with the charter 
and city ordinances emanating from the board of health, and shall annually 
report to the Mayor the general operations of his department during the 
year then ended, with such suggestions for the improvement of the same as 
he shall consider expedient. (M. C., sec. 473.) 

This section is largely a reiteration of the provisions in the Charter, Art. XII, 
sec. 8, which see. (See. also Session Acts 1901, p. 207, sec. 8, imposing on the 
Health Commissioner in St. Louis the duties elsewhere cast on the county clerk 


respecting the practice of medicine and surgery: “Laws Specially Applicable to 
St. Louis,’”’ sec. 396.) 


Sec.451. Salary and bond.—The health commissioner shall receive 
a salary of three thousand dollars a year, payable monthly, and shall, be- 
fore entering upon the duties of his office, give a good and sufficient bond 
in the sum of ten thousand dollars, conditioned as the bonds of other city 
officers, and to be approved by the Mayor. (M. C., sec. 474.) 


See. 452. Commissioner to keep records and accounts.—The 
health commissioner shall keep a record of all his acts and orders, and 
shall file all petitions, documents and papers belonging to his office, and 
shall keep a correct account in full of all receipts and expenditures, and 
shall make rules and regulations for the government of his subordinates. 
Copies of such records, documents, rules and regulations, when authenti- 
cated by his clerk, shall be presumptive evidence before any court of justice 
of the facts therein contained; provided, such rules and regulations are not 
inconsistent with the charter or ordinances of the city. (M. C., see. 475.) 


This is the same provision as Charter; Art. XII, sec. 9. 


666 REVISED CODE OR GENERAL ORDINANCES ' [CHAP, 11. 


Sec. 453. Office of assistant health commissioner created. 
—There is hereby created the office of assistant health commissioner. (Ord. 
20073, sec. 1.) 


Sec. 454. Appointment and tenure.—The assistant health commis- 
sioner shall be appointed by the health commissioner, by and with the up- 
proval of the board of health, and may be removed by the health commis- 
sioner at his pleasure. (Jb., sec. 2.) 


Sec. 455. Salary and bond.—tThe assistant health commissioner shall 
receive a salary of twenty-one hundred dollars per annum, payable monthly, 
and shall, before entering upon the duties of his office, give a good and suf- 
ficient bond in the sum of five thousand dollars, conditioned for the faithful 
performance of the duties of his office, which bond shall be approved by the 
mayor and council. (Jb., sec. 3.) 


Sec. 456. Powers and duties.—tThe assistant health commissioner 
shall act as the chief sanitary officer of the sanitary division. He shall have 
charge of the sanitary division, and shall perform all such duties as the 
health commissioner may direct. In case of the absence or sickness of the 
health commissioner, or when directed by the health commissioner, he shall 
perform all the duties of the health commissioner, and shall have authority 
to exercise the same power and perform the same duties, as given and pre- 
scribed by the charter and ordinance for the health commissioner, and said 
assistant health commissioner, when performing the duties and exercising 
the powers of the health commissioner, shall designate himself as “Acting 
health commissioner.” (Jb., sec. 4.) ; 


See. 457. Additional help — salaries —The health commissioner 
is hereby authorized to appoint for the use of his office, one stenographer, 
at a salary of sevexty-five dollars per month; one assistant in the office of 
the mortuary records, at a salary of seventy-five dollars per month, and one 
assistant bookkeeper in the office of the health commissioner at seventy-five 
dollars per month. (Ord. 21229, sec. 1.) 


As to compensation of employes in the Health Department in general see 
sec. 872. @ 


Sec. 458. Same — how paid—aAll persons mentioned in the preced- 
ing section shall be carried on the pay-roll of the board of health and health 
commissioner, and shall be paid out of the fund appropriated for the sala- 
ries of the board of health and health commissioner’s office. (J/b., sec. 2.) 


Sec. 459. Same—appointments to be approved by board. 
The appointments made by the health commissioner, in pursuance of the. 
authority given in section 457, shall be approved by the board of health. 
(Ib., sec. 3.) 


Sec. 460. Qualification of appointees.—A1l employes appointed by 
the health commissioner, except those selected from the St. Louis Training 
School for Nurses or appointed under section 728, shall be citizens of the 
United States, and residents of the City of St. Louis for at least two years 
prior to their appointment. (M. C., sec. 476.) 


Sec. 461. Clerk for sanitary division—effect of appoint- 
ment of —salary.—The health commissioner of the City of St. Louis is 
hereby authorized to appoint, with the approval of the board of health, a 


ART. III.] . OF CITY BACTERIOLOGIST. 667 


elerk for the sanitary division of the health department, who shall be en- 
titled chief sanitary clerk, and who shall be paid a salary of one hundred 
dollars per month; the same to be paid out of the appropriations Yor sala- 
ries of sanitary officers, inspectors and fumigators; provided, however, that 
there shall be no increase in the number of the force now employed in the 
sanitary division of the health department, and that the person appointed 
under the provisions of this section shall take the place of the sanitary 
officer now detailed for clerical work in the office of the chief sanitary 
officer. (M. C., sec. 477.) 


See. 462. Employes of health department may be re- 
quired to work overtime—when.—Whenever, during the prevalence 
of contagious diseases in the City of St. Louis, the health commissioner 
may deem it necessary that houses and buildings shall be disinfected on 
Sundays or holidays, or during the night, or at other hours during which 
his regular employes or assistants are not required by charter or ordinance 
to work, and in his opinion an emergency exists which makes it necessary 
that such work of disinfection should proceed on such Sundays, holidays 
or at night, or during hours when his regular employes are not required or 
expected to work, as aforesaid, then in such event said health commissioner 
is authorized and empowered to employ his regular assistants and help to 
do the said work of disinfection during said Sundays, holidays, nights or 
extra time, and to provide for their payment for all overtime at the same 
rate per month at which they are employed for regular time, instead of 
employing additional men not familiar with such work. (Ord. 19911, sec. 1.) 


Sec. 463. Certificate of extra work.—Whien certifying to such 
extra work on the pay rolls it shall be the duty of the health commissioner 
to state that an emergency existed which made it necessary that such dis- 
infection be done on Sundays, holidays, at night or during regular [irregu- 
lar| hours, and that the work was done on such extra days or during such 
extra time. (J/D., sec. 2.) 


Sec. 464. Payments of extra work.—All payments for such extra 
work during times of emergency shall be paid out of the funds appropri- 
ated for the payment of sanitary officers, inspectors and fumigators, and 
the auditor is authorized and directed to draw his warrant against such 
fund for all of such extra services. (J/b., sec. 3.) 


ARTICLE III. 


OF CITY BACTERIOLOGIST.* 


See. 465. City bacteriologist created — tenure — salary — re- 
moval.—There is hereby created the office of city bacteriologist to be appointed 
by the mayor, subject to the approval of the board of health and confirma. 
tion by the Council. Said city bacteriologist shall hold his office for a term 
of four years; provided, however, that the first appointee shall hold his 
office only until the first Tuesday of April nineteen hundred and three, and 
until his successor shall have been appointed aud qualified; and said city 
bacteriologist shall receive a salary of twenty-four hundred dollars per 


*Ordinance 22561, approved Oct. 2, 1906 (too late to appear in the Revised 
Code, but set out in appendix hereto) provides for the establishment and equip- 
ment of the “Snodgrass Laboratory of Pathology and Bacteriology.” 


668 REVISED CODE OR GENERAL ORDINANCES (CHAP. 11. 


year, payable in equal monthly installments at the end of each month. He 
shall be subject to removal by the Mayor, for cause, as other city officers. 
(Ord. 20640, sec. 1.) 


Sec. 466 Office at city hospital—whole time to duties— 
duties —qualifications —Said city bacteriologist shall maintain his lab- 
oratory and carry on his work at the city hospital, and shall also be path- 
ologist to the city hospital and director of the hospital medical and patho- 
logical laboratory, giving his full time to the performance of bacteriological 
and pathological work, for the City of St. Louis, and such work as may be 
required of him by the health commissioner under the rules relating to his 
department, to be promulgated by said health commissioner with “the ad- 
vice and approval of the board of health. Said bacteriologist shall have 
been a resident of the City of St. Louis at least two years next preceding 
his appointment. (/b., sec. 2.) 


As to duties with reference to inspection of milk and cream see sec. 485. 


Sec. 467. Assistants — duties. —The city bacteriologist, by and 
with the approval of the board of health, is hereby authorized to appoint 
two assistants to assist him in the work of his office. Said assistants shall 
perform their duties under the direction of the city bacteriologist. (Ord. 
21476, see. 1.) 


Sec. 468. Qualifications of assistants.—One of said assistants shall 
be trained in bacteriology beth theoretically and practically, and shall pos- 
sess a general knowledge of pathology. The other assistant shall be trained 
in pathology both theor etically and DNS and shall possess a general 
knowledge of bacteriology. (Jb., sec. 2.) 


Sec. 469. Salaries of same—removal,—Said assistants shall each 
receive a salary of one hundred and fifty dollars per month, and they shall 
be subject to removal by the city bacteriologist by and with the approval 
of the board of health for neglect of duty or misconduct. (1b.; Sec. 3.) 


Sec. 470. Terms of assistants, —The appointment of the assistants 
in the office of the city bacteriologist shall expire with the aoe of the 
term of the city bacteriologist making the appointment. (/b., sec. 4.) 


Sec. 471. Assistants to give whole time to duties—by what 
rules governe aid assistants shall give their full time in the perform- 
ance of bacteriological and pathological work for the City of St. Louis, as 
may be directed by the city bacteriologist, and shall not perform any work 
for any private parties during the office hours as prescribed by the charter 
and city ordinances, or in the building or rooms assigned to the city bac- 
teriologist. Said assistants shall be governed by the rules promulgated by 
the health commissioner, by and with the approval of the board of health, 
regulating the office of city bacteriologist. (/b., sec. 5.) 


Sec. 472. Clerk and Janitor.—The health commissioner is hereby 
authorized to appoint, by and with the approval of the board of health, a 
clerk and a janitor in the office of the city bacteriologist. (Ord. 21660, 
sec. 1.) 


Sec. 473. Compensation—duty of janitor. 
ceive compensation at the rate of seventy-five dollars per month; the janitor 


ART. IV.] OF CITY CHEMIST. 669 


shall receive a salary of sixty dollars per month, and in addition to his 
duties as janitor, he shall perform such other duties as may be prescribed 
by the city bacteriologist. (/b., sec. 2.) 


Sec. 474. Suspension, ete.—The clerk and janitor may be suspended 
by the city bacteriologist for neglect of duty or violation of the rules, and 
when the city bacteriologist shall suspend either of said parties he shall 
report at once the facts in the case to the health commissioner, who may 
take such action as he may deem proper. (J0b., sec. 3.) 


_ See. 475. Salaries—how paid.—tThe salaries of the persons provided 
for in the preceding three sections are to be paid out of funds appropriated for 
‘salaries in the office of the city bacteriologist.” (/b., see. 4.) 


(See, 475a. Two laboratory assistants—compensation, ete.*] 


*After the submission of the Revised Code to the Municipal Assembly (hence 
too late to appear therein) ordinance 22810, approved Feb. 18, 1907, was enacted, 
creating two laboratory assistants. Attention is directed to the ordinance 
by the above heading in brackets; as it is not a part of the Revised Code as 
enacted, it is set out in this note: 


22810) 


An ordinance authorizing the appointment of two laboratory assistants in the 
office of the City Bacteriologist. 


Be it ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section One. The Health Commissioner is hereby authorized to appoint by 
and with the approval of the Board of Health, two laboratory assistants in the 
office of the City Bacteriologist. 


Section Two. The compensation of these laboratory assistants shall be at 
the rate of Fifty Dollars per month, their duties shall be prescribed by the City 
Bacteriologist. 


Section Three. These laboratory assistants may be suspended by the Citv 
Bacteriologist for neglect of duty or violation of the rules, and when the City 
Bacteriologist shall suspend either of said parties he shall report at once the 
facts to the Health Commissioner, who may take such action as he may deem 
proper. 

Section Four. The salaries of the persons provided for in this ordinance 
are to be paid out of the funds appropriated for “Salaries in the office of the 
City Bacteriologist.”’ 


Approved February 18, 1907. 


ARTICLE IV. 
OF THE CITY CHEMIST. 


Sec. 476. Appointment of and term.—There is hereby created the 
office of city chemist, who shall be appointed by the Mayor, with the ap- 
proval of the board of health, and subject to confirmation by the council, 
and shall perform his duties under the supervision and control of the board 
of health. He shall hold office for the term of four years, and until his 
successor is duly appointed and qualified. (M. C., sec. 478.) 


The charter previsions placing the appointive power in the Mayor, subject 

* to approval by the council, will not render void the ordinance because it requires 

in addition that the appointment be with the approval of the board of health. 

If the latter provision is contrary to the Charter it is to that extent only void, 

but does not for that reason disqualify the person appointed: St. Louis vs. 
Liessing, 190 Mo. 465, 490. 


670 REVISED CODE OR GENERAL ORDINANCES. (CHAPSI; 


Sec. 477. Salary and bond.—The salary of the city chemist shall 
be at the rate of twenty-five hundred dollars per annum, payable in equal 
monthly installments. He shall give a good and sufficient bond to the City 
of St. Louis in the sum of ten thousand dollars, to be approved by the 
Mayor and council, conditioned upon the faithful performance of his duties. 
(M. C., sec. 479.) 


Sec. 478. Qualifications.—The city chemist shall be a person skilled 
in the science of analytical chemistry and be a practical chemist. (M. C., 
ec. 480.) 


Sec. 479. Analyses and tests—records of—duties—rules of 
office.—The city chemist shall make all tests and analyses of water, and of 
any and all materials, medicines, food and food products, when ordered so 
to do by the board of health, or that he may be required to do by any rule 
prescribed by the board of health for the government of his office. He shall 
keep a record of every analysis or test that may be made in his office. He 
shall make a weekly report to the board of health of the transactions of his 
office, with such information as the board of health. may require. He shall 
control, direct, reguiate, Supervise and manage the operation of the office 
of the city chemist, and for that purpose is authorized to make such rules 
and regulations, with the approval of the board of health, not inconsistent 
with the: charter or any city ordinance or law of the state as may be neces- 
sary for the execution of his order or proper administration of the office. 
(M. C., sec. 481.) 


The duties of milk and cream inspection are imposed upon the city chemist by 
secs. 484 and following. 


Sec.480. Sundry assistants to chemist—appointments— quali- 
fications— salaries - duties —remov e is hereby created the 
office of assistant city chemist, who shall be appointed by the city 
chemist, with the approval of the board of health. His salary shall be 
at the rate of fifteen hundred dollars per annum, payable in equal 
monthly installments. He shall be under the directions of and assist 
the city chemist, and be subject to the rules and regulations adopted 
for the government of the city chemist’s office. The assistant city chemist 
shall be a person skilled in the science of analytical chemistry, and be a 
practical chemist. In the absence of the city chemist the assistant city 
chemist shall have charge of the office. The city chemist, with the approval 
of the board of health, may also appoint assistant clerk, whose salary shall 
be at the rate of seventy-five doliars per month; one laboratory cleaner, 
whose salary shall be at the rate of fifty-five dollars per month; one col- 
lector of water samples, whose salary shall be at the rate of fifty dollars per 
month. All these appointees shall be subject to the rules and regulations 
adopted for the government of the city chemist’s office. All appointees un- 
der this ordinance may be removed by the city chemist at his pleasure with 
the approval of the board of health. (Ord. 21829, amendment.) 


Additional assistants for milk inspection, see sec. 486. 


Sec. 481 Rules of office, approval and amendment.—The 
city chemist shall prepare and submit to the board of health for their adop- 
tion and approval rules and regulations for the government of his office; 
such rules may be amended by said board of health from time to time, when- 
ever, in the opinion of the board of health, the same is necessary. (M. C., 
sec. 483.) 


ART. V.] OF INSPECTION OF MILK. 671 


See. 482, Chemist and assistant subject to removal.—The 
city chemist and assistant city chemist shall be subject to all the laws and 
regulations governing city officers and may be removed from office by ma- 
jority vote of the board of health. (M. C., sec. 484.) 

The manner of removal of city chemist, if not in accordance with the Charter 


method, does not invalidate the office itself: St. Louis vs. Liessing, 190 Mo. 
464, 491. 


See. 483. Chemist and assistant to be on pay-roll of board of 
health—requisition for supplies.—The city chemist and assistant 
city chemist shall be carried on the pay-roll of the board of health and 
health commissioner, and all requisitions for supplies for said office shall 
be made by the city chemist and approved by the presiding officer of the 
board of health. (M. C., sec. 485.) 


ARTICLE V. 


OF INSPECTION OF MILK AND CREAM, AND OF LICENSING AND REGULATING 
THE SALE THEREOF.* 


*Ordinance 20808 repeals the prior milk inspection law (Mun. Code, secs. 
496-511). The validity of the ordinance (which appears’ herein as the sections 
composing this article) was upheld against a number of constitutional objections 
(as well as other objections) and the general right of the city to regulate the 
sale of milk as provided in the ordinances was fully sustained in the following 
cases: St. Louis vs. Liessing, 190 Mo. 464; St. Louis vs. Grafeman Dairy Co., 
190 Mo. 492; St. Louis vs. Grafeman Dairy Co. (No. 2), 190 Mo. 507; St. Louis 
vs. Reuter, 190 Mo. 514; St. Louis vs. Polinsky, 190 Mo. 516; St. Louis vs. Schuler, 
190 Mo. 524; St. Louis vs. Bippen, 100 S. W. 1048 (March 5, 1907). 


The charter provisions on the subject are Art. III, sec. 26, clause 7 (‘“inspec- 
tion of milk’); 74, clause 5 (license, tax and regulate occupations) 7s, clause 6 
(“secure the general health’’) and 76 clause 14 (general welfare clause). 


But shortly after the enactment of the ordinances upheld in above decisions 
reported in 190 Mo., there was passed the State law (Session Laws Mo., 1905, 
page 133) providing for a State Dairy Commissioner, prescribing certain duties 
as to inspection of milk, etc., and certain standards, ete. Whether, and if so to 
what extent, this State law operates to supersede the city ordinances has not 
been decided by the appellate courts, but cases are now pending involving these 
questions. 


See. 484. Inspection and control in charge of city chemist.— 
The inspection and control of the quality of milk and cream produced, sold 
or offered for sale in the City of St. Louis is hereby placed in charge of the 
city chemist. (Ord. 20808, sec. 1.) 


But see acts 1905, p. 133 (passed after the above ordinance 20808) creating 
the office of State Dairy Commissioner and conferring in large measure duties 
on him respecting milk and cream inspection which perhaps, to some extent 
at least, conflict with the ordinances. 


See 485. Duties of inspection on city chemist and bacteri- 
ologist— rules—The city chemist and his assistants shall perform the 
duties required in the inspection, testing or analysis of milk or cream; pro- 
vided, however, that in suitable cases he can call upon the city bacteriolo- 
gist for special tests or assistance. 


The city chemist shall formulate such rules as he may deem necessary 
for the government of his assistants or others employed in the inspection 
and analysis of milk and cream. (/b., sec. 2.) 


Sec. 486. Assistants — qualifications—_bond removal. 
The city chemist, with the approval of the board of health, may appoint five 


672 REVISED CODE OR GENERAL ORDINANCES. [CHARS Ti. 


additional employes in the office of the city chemist, none of whom shall be 
directly or indirectly financially interested in the milk or dairy business. 
Two of said appointees, to be known as assistant chemists, shall be persons 
skilled in the science of chemistry, and shall have had experience in milk 
analysis, the two other appointees, to be known as milk inspectors, shall be 
reputable men of good business character and competent to perform the 
duties of their office. The fifth appointee shall be known as clerk of the 
office of the city chemist, shall be fully competent to keep accounts and per- 
form any clerical work that may be assigned to him. All appointees un- 
der this ordinance may be removed from office by the city chemist for in- 
competency, misconduct or neglect or violation of rules. They shall each 
give bond subject to the approval of the Mayor in the sum of one thousand 
dollars. (JD., sec. 3.) 


Sec. 487. Salaries— The salaries of the assistant chemists appointed 
under the provisions of this article shall be at the rate of one hundred and 
twenty-five dollars per month. The inspectors and the clerk in the office of 
the city chemist shall each receive a salary of eighty-three and thirty-three 
one-hundredths dollars per month. (Jb., sec. 4.) 


Sec. 488. Requisitions—wagons and horses allowed—All requi- 
sitions for supplies and repairs connected with inspection of milk shall be 
made by the city chemist. There shall be allowed for the use of the city 
chemist’s office two wagons and three horses, the vehicles to be lettered as 
required by the city ordinances. (Jb., sec. 5.) 


See. 489. Access to all necessary places and articles—right 
to take samples—violation of article made misdemeanor -— du- 
plicate samples—badges for inspectors.—The city chemist, assistant 
chemists and milk inspectors shall have the right, and it shall be their duty 
to enter and have full access, ingress and egress to all places where milk or 
cream is stored or kept for sale; to all wagons, carriages or other vehicles, 
railroad cars or conveyances of any kind, used for conveyance, transporta- 
tion or delivery of milk; to any warehouse, factory, place of business, build- 
ing, farm, stable, railroad depot erections, establishments or places of any 
kind; to all vessels, cans, packages, refrigerators, or receptacles of milk or 
cream, for the purpose of inspecting their condition or to take samples of 
milk or cream therefrom, not exceeding one pint, for the purpose of testing 
or analyzing the same. Such samples with marks for identification shall be 
sealed and placed on ice and kept at a temperature at or below fifty degrees 
Fahrenheit until opened for analysis and its quality finally determined. 
Whenever the sample or samples so found and taken shall not correspond 
with, or shall be in violation of this article, the person or persons, firm or 
corporation in whose possession, care, custody or control of such milk or 
cream may be found, shall be deemed guilty of a misdemeanor, and upon 
conviction, fined not less than twenty-five dollars nor more than one hun- 
dred dollars for each and every offense. The person, firm or corporation 
from whom a sample of milk or cream shall be taken, shall on demand 
therefor, then and there made, have a right to have a duplicate of said 
sample sealed with the seal of the officer, on tendering him a suitable re- 
ceptacle therefor. 


The milk inspectors shall each when on duty wear a metal badge, de- 
signed by the city chemist, which shall be supplied by and be the property 
of the city, and be returned at the expiration of their term of office. (J0., 
sec. 6.) 


Laws permitting taking of samples are upheld: See cases 190 Mo. 487-488. 


ART. V.] OF INSPECTION OF MILK. 673 


Sec. 490. Samples to be tested—violations of requirements 
prosecuted—record of tests publie.—All samples of milk or cream 
taken or brought to the office of the city chemist by the persons employed 
therein shall be analyzed or otherwise satisfactorily tested; and wherever 
or whenever said milk or cream so tested or analyzed shall be found viola- 
tive of any of the provisions of this article, the necessary steps shall be 
taken for prosecution for a violation thereof. An accurate record of the 
results of all tests or analysis shall be kept and shall be accessible as a 
matter of public information. (J/b., sec. 7.) 


See. 491. Any citizen may submit samples for analysis.—The 
city chemist shall examine, test or analyze, as may be deemed necessary, 
any sample of milk or cream that may be submitted for examination by 
any citizen, when the same has been bought for his own or family consump- 
tion. (Jb., sec. 8.) 


Sec. 492. Receptacles, ete., for milk or cream to be kept clean 
—violation misdemeanor—penalty.—aAll receptacles used in the 
hauling or handling of milk or cream, as well as all packages, refrigerators 
or compartments of stores or other places where milk or cream is kept, 
stored or handled shall be kept in a scrupulously neat and clean condition, 
and containers shall not be kept in the presence or vicinity of any article 
of any kind likely to contaminate or injuriously affect the sweetness, quality 
or condition of the milk or cream. Any person tound violating this section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine not less than twenty-five dollars nor more than one 
hundred dollars for each and every offense. (Jb., sec. 9.) 


Sec. 493. Milk vendors’ licenses required—registration—fees 
—retail—wholesale—definition of terms—misdemeanor for 
violation—penalty.—Every person, firm or corporation who shall sell 
or offer for sale, expose for sale, dispose of, exchange or deliver, or with 
the intent so to do as aforesaid, have in his or their possession, care, cus- 
tody or control, milk or cream, in or from any store, stand, booth, market 
place, milk depot, warehouse, dairy, cow stable or any building erection or 
establishment of any kind, or shall transport, convey or deliver the same by 
wagon, carriage, or other vehicle, or by hand, shall first be licensed to do so, 
and shall register as a milk vendor in the office of the health commissioner, 
and pay to the city collector [license collector] the license fees provided 
for by this article. 


IXvery person, firm or corporation selling or disposing of milk or cream 
at retail shall, within thirty days after this article goes into effect, and semi- 
annually on the first Mondays of January and July thereafter, pay license 
fees as follows: Every milk or cream vendor shall pay for the privilege of 
conducting a milk business, a registration fee of one dollar per annum, 
and in addition thereto each vendor shall pay for every wagon or other 
vehicle from which milk or cream is sold or delivered, a semi-annual license 
fee of two dollars and fifty cents. 


And every vendor of milk or cream at wholesale, by which shall be 
understood, meant, and is hereby defined, a person or corporation selling 
to others milk or cream in quantities to any person, firm or corporation of 
sixteen gallons or more on any one day, shall pay, semi-annually, as afore- 
said, a wholesale license fee of twenty-five dollars. 


If any person, firm or corporation commence or engage in the traffic 
or handling of milk or cream at any periods other than those hereinbefore 


674 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11 


mentioned, he or they, before doing so, shall pay the pro rata license fees 
in their cases required, which license so issued, as well as other licenses 
herein required, shall be good for a period ending with either the first Mon- 
day of January or first Monday of July, as the case may be, following the 
issuance and delivery thereof. [very person, firm or corporation violating 
this section, or any of its provisions, shall be deemed guilty of a misde- 
meanor and, on conviction thereof, be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars for each and every 
offense. (Jb., sec. 10.) 


This section held valid in St. Louis vs. Grafeman Dairy Co., 190 Mo. 492 
(holding that the requirement to register and pay the dollar registration fee, 
is a valid police regulation, is not in conflict with the merchants’ license, and 
that the fact that the officer is called city collector is not material, it being 
evident that the license collector was the person intended; and that the title 
to the ordinance was sufficient, and that its provisions contained but one subject 
matter, etc.) 


Sec. 494. Registration certificates requirements prelimi- 
nary to issuance of license—subsequent changes in data given— 
violation a misdemeanor—penalty.—Registration certificates and li- 
censes shall be issued in the names of the applicants therefor. No registra- 
tion or license certificate shall be sold, assigned, loaned or transferred, or 
be placed in the care, custody, control or possession of any person other than 
the one to whom it wasissued. No license shall be issued by the city [license ] 
collector until the party shall file with him a certificate of registration 
signed by the city chemist, stating that the written application hereafter 
provided for has been filed in the office of the city chemist and approved by 
him. Before the issuance of the license every vendor of milk or cream shall 
make a written application for registration to the city chemist on a printed 
form provided for that purpose, on which shall be stated: 


First. The name, residence and location of the business place or places 
of applicant. 


Second. If by a firm, the names of each member of the firm and loca- 
tion of the business place or places of the firm. 


Third. If by a corporation, the names of the president, secretary and 
business manager or superintendent thereof, and location of the business 
place or places. of the corporation. 


Fourth. The location of the business place or places of the applicants 
must be distinctly stated by street and number, as well as the name be 
given of the person in charge of each. 


Fifth. The number of cows, if any, owned or controlled by the ap- 
pleant. 


Sixth. The number and description of each and every wagon, carriage 
or other vehicle used in the milk or cream business, and the number used 
for the delivery of milk to customers in the retail or wholesale business, or 
both. 


Seventh. The location of the dairy. 


Kighth. Where milk or cream is brought from localities outside of 
the City of St. Louis, a detailed statement of the locality from which the 
milk is brought, and the names of the persons supplying same, conditions 
of the cows and premises, and precautions taken to produce pure milk. 


Ninth. All other information as may be required. If after the issu- 
ance and delivery of the license and certificate of registration any changes 


key vs! OF INSPECTION OF MILK. 675 


be made in the firm, officers, managers, superintendents, location, residence, 
wagons, carriages or other vehicles, written notice thereof must forthwith 
be given to the city chemist for insertion and correction in the records of 
the department. The clerk of the city chemist shall keep a full and com- 
plete record of all registrations of milk vendors. 


Any person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 
not less than twenty-five dollars nor more than one hundred dollars for each 
and every offense. 


oa 
e 


Tenth. Agree to furnish samples when requested by the city chemist, 
any assistant city chemist or milk inspector. (Jb., sec. 11.) 


See. 495. How vehicle of vendor, etc., to be designated—vio- 
lation—misdemeanor—penalty.—No milk or cream shall be sold, offered 
for sale, exposed for sale, exchanged, delivered, transported, conveyed or 
carried on any wagon, carriage or other vehicle, unless there shall be painted 
thereon, on both sides thereof, in a conspicuous place and in legible Roman 
letters not less than four inches in height and three inches in breadth, the 
name of the milk vendor, and the number and street of the place of busi- 
ness, or location of the dairy or cow stable. Any violation of the provisions 
of this section shall be deemed a misdemeanor, and upon conviction thereof 
the offender shall be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars for each and every offense. (/b., sec. 12.) 


Sec. 496. Form of license.—All licenses paid under the provisions 
of this article shall be issued in blank forms to the collector by the register 
under the seal of the city and shall be in the form prescribed by law. (J6., 
sec. 13.) 


See. 497. Sale or carrying for sale, ete., of impure milk or 
cream or when not properly cooled, or when contaminated, ete. 
—misdemeanor—penalty.— Whoever, by himself or by his servant, or 
agent, employe or milk wagon driver, or any other person, firm or corpora- 
tion, sells, offers for sale, exchanges, delivers or transports or carries for the 
purpose of sale, exchange or delivery, or has in his custody, possession, care 
or control, with intent to sell, offer for sale, exchange, or deliver, or ex- 
poses or offers for sale, exchange, transportation or delivery, to or in the 
City of St. Louis, any milk or cream, whether from a single cow or the mixed 
product of a herd, which is unclean, diluted, impure, unhealthy, diseased, 
unwholesome, adulterated, decomposed, or sour, or not of good quality, pro- 
vided for in this article, or milk or cream to which water, skimmed milk or 
any foreign suhstance has been added, or milk or cream produced from sick 
or diseased cows, or milk or cream from cows kept in an unclean, filthy or 
unhealthy condition, or milk or cream from cows fed on any other than 
clean, good and wholesome food, or milk or cream that has been exposed to, 
or contaminated or affected by the emanations, discharges or exhalations 
from any human being or animals sick with any contagious infectious dis- 
ease, or Which has not been promptly cooled after milking to at least forty- 
five degrees Fahrenheit and maintained until delivered to consumers at or 
below fifty degrees Fahrenheit, shall be guilty of a misdemeanor and on 
conviction thereof be punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars for each and every offense. (Jb., sec. 14.) 


Sec. 498. Sale or custody of products of impure or con- 
taminated milk or cream, ete.—misdemeanor penalty.—No 
person, firm or corporation shall sell, offer or expose for sale, exchange or 


676 REVISED CODE OR GENERAL ORDINANCES. [CHAP. di, 


delivery, or with any such intent as aforesaid, have in his or their care, 
custody, control or possession, any products of milk or cream or any article 
of food made from unclean, impure, unhealthy, adulterated, diseased or un- 
wholesome milk or cream. Any person violating any of these provisions of 
this section shall be deemed guilty of a misdemeanor, and on conviction 
thereof be punished by a fine of not less than twenty-five dollars nor more 
than one hundred dollars for each and every offense. (/0b., sec. 15.) 


Sec. 499. Adulteration, etc.—misdemeanor—penalty— excep- 
tions.—Any person who shall, by himself or by his servant, agent or employe, 
adulterate milk or cream, or change it in any respect by the addition of 
water, skimmed milk, or of any foreign substance, or by the removal of any 
constituent, with a view of selling or offering the same for sale or ex- 
change, or shall deliver same to a purchaser, otherwise than with its due 
proportion of each of its natural components, shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be fined not less than twenty- 
five dollars nor more than one hundred dollars for each and every offense. 
Nothing in this article shall be so construed as to prohibit the sale of cows’ 
milk, sterilized, pasteurized or modified in compositions for infant feeding, 
according to a prescription of a registered physician; provided, however, 
that such sterilized, pasteurized or modified milk may be lawfully sold in 
feeding bottles only, and that each bottle shall be labeled with the name of 
the vendor and a number corresponding to a number of the prescription kept 
by the vendor and accessible on demand by the health commissioner; and, 
provided further, that modified, sterilized or pasteurized milk shall be pre- 
pared from milk of the purity required by this article and delivered under 
the same conditions as to temperature. (J/b., sec. 16.) 


See secs. R. C. 555, 557. 


Sec. 500. Sale or custody, ete., of milk or cream containing 
foreign matter, coloring, preservative, etc., misdemeanor— 
penalty.—Any person, firm or corporation, who shall sell, expose for sale, ex- 
change,deliver, dispose of or transport, convey, or carry ,or with any such intent 
as aforesaid have in his or her care, custody, control or possession, any milk 
or cream having therein, or containing any foreign substances of any kind 
whatever, or coloring matter, or any adulteration or preservative, whether 
for the purpose of artificially increasing the quality of the milk or cream, 
or for preserving the condition or sweetness thereof, or for amy purpose 
whatever, shall be deemed guilty of a misdemeanor, and on conviction there- 
of shall be fined not less than twenty-five dollars nor more than one hundred 
dollars for each and every offense. (/b., sec. 17.) 


The validity of this section was upheld in St. Louis vs. Scfiuler, 190 Mo.. 524 
(milk containing preservative—Formaldehyde); St. Louis vs. Polinsky, 190 Mo. 
516 (containing adulterant—anatto). 


See. 501. Sale of milk prohibited unless on analysis it shows 
certain ingredients—how analyzed whencontested—misdemean- 
or—penalty.—No milk shall be sold, kept, offered or exposed for sale, stored, 
exchanged, transported, conveyed, carried or delivered, or with such intent 
as aforesaid be in thé care, custody, control or possession of any one, unless 
it show on analysis not less than three per cent by weight of butter fat, 
eight and five-tenths per cent solids not fat, and seven-tenths of one per cent 
ash, of which fifty per cent shall be insoluble in hot water. Provided, how- 
ever, that in contested analyses of milk condemned, under this article, but- 
ter fat shall be estimated gravimetrically by the Adams paper coil process ; 
total solids by evaporation, and non-fatty solids by difference between total 


ART. V.] OF INSPECTION OF MILK. 677 


solids and butter fat, and ash by weighing the residue after incineration of 
total solids at a dull red heat until all the organic matter is destroyed. Any 
one violating any of the provisions of this section shall be deemed guilty 
of a misdemeanor, and upon conviction thereof be punished by a fine of not 
less than twenty-five dollars nor more than one hundred dollars for each 
and every offense. (J/b., see. 18.) 


Declared valid,in St. Louis vs. Bippen 100 S. W. 1048, and St. Louls vs. Grafeman Dairy 
Co., 190 Mo. 507 (both cases of less than three per cent butter fat); St. Louis 
vs. Liessing, 190 Mo. 464 (less than seven-tenths of one per cent ash). But see 
Laws 1905, p. 138, requiring a different standard than that set up in the ordi- 
nances. This act was passed after the ordinance and that question to what 
extent it supersedes the same has at this writing not been decided by the 
appellate courts. 


See. 502. Same—cream—butter fat—foreign substances 
added—misdemeanor—penalty.—No cream shall be sold, offered for 
sale, exchanged, delivered, or be transported for the purpose of sale, offer- 
ing for sale, exchange or delivery, that contains less than twelve per centum 
of butter fat, or that is taken from any impure, diseased, unhealthy, un- 
clean, adulterated, or unwholesome milk, or milk to which any foreign or 
other substance of any kind has been added. Any person violating any of 
the provisions of this section shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be fined not less than twenty-five dollars nor 
more than one hundred dollars for each and every offense. (Jb., sec. 19.) 


This section upheld in St. Louis vs. Reuter, 190 Mo. 514 (12 per cent butter 
fat). See preceding note. 


See. 503. Regulations as to condensed, preserved and evapor- 
ated milk—violation misdemeanor—penalty.—No person shall manu- 
facture, sell or offer for sale, any condensed, preserved or evaporated milk 
for domestic use, unless the same shall be put up in packages upon which 
shall be distinctly labeled or stamped the name or brand by whom or under 
which the same is made. No condensed, preserved or evaporated milk shall 
be made, sold or offered for sale, exchanged or delivered for domestic use, 
unless the same is manufactured from pure, clean, healthy, fresh, unadul- 
terated and wholesome milk, from which the cream has not been removed, 
or unless the amount of milk solids and butter contained in the condensed, 
preserved or evaporated milk shall be the condensed equivalent of milk 
solids and butter fat provided by this article for pure milk, and in the same 
proportion. Any person violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction shall be fined not 
less than twenty-five dollars nor more than one hundred dollars for each 
and every offense. Nothing herein shall be construed to prevent the addi- 
tion of sugar in the manufacture of condensed, preserved or evaporated 
milk, when it is so stated on the label. (J0., sec. 20.) 


Sec. 504. Regulations as to buttermilk—violation misde- 
meanor—penalty.—Nothing in this ordinance shall be so construed as 
to prohibit the use or sale of what is known as butter-milk, provided the 
same is produced from pure and wholesome milk. No butter-milk, however, 
shall be sold, kept, offered for sale, exchanged, or transported, conveyed 
or carried, or be in the care, custody, control or possession of any one, with 
the intent as aforesaid, which is not the product of pure and wholesome 
milk, and has been kept at the temperature provided for im this article for 
sweet milk. Any person violating any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and on conviction thereof be fined 
not less than twenty-five dollars nor more than one hundred dollars for each 
and every offense. (Jb., sec. 21.) 


678 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


Sec. 505. Regulations as to skimmed milk—violation misde- 
meanor—penalty.—The following regulations shall govern the sale of 
milk known as skimmed milk: 


First. All milk which contains not less than ten and five-tenths per 
cent of total solids and one and five-tenths per cent butter fat, which is of 
a specific gravity between one thousand and thirty-two and one thousand 
and thirty-eight, which is free from foreign additions of any kind, and any 
evidence of decomposition, which is stored, transported and delivered to 
purchasers at the temperature provided in this article for sweet milk, shall 
be known as skimmed milk, and may be lawfully sold as such under the fol- 
lowing regulations: 


(a) All vessels, cans or packages from or in which milk is delivered 
or sold shall be distinctly marked in a conspicuous place above the center 
on the outside of each container, with the words “skimmed milk” in uncon- 
densed Gothic letters not less than one inch in height. 


(b) <All wagons or vehicles from or in which skimmed milk is sold or 
delivered shall be plainly marked on both sides of each vehicle by a sign in, 
letters not less than three inches in length with the words “skimmed milk.” 


(c) Each store, depot or other place where skimmed milk is sold shall 
have displayed in plain view of any one entering the premises, a sign, the 
letters of which are not less than two inches in height, reading “skimmed 
milk.” 


(d) All persons selling or delivering skimmed milk shall place upon 
each vessel or container into which such milk is measured, transferred or 
delivered, a label or “sticker” one inch by two inches in size upon which is 
printed in heavy faced Gothic letters the words “skimmed milk” with such 
other matters as the city chemist may prescribe to prevent its use instead 
of whole milk for infant feeding. 


(e) . Manufacturers who make affidavit in the form to be prescribed 
by the city chemist that the skimmed milk they handle will not be sold at 
retail as milk, but is solely used for manufacturing purposes, shall be ex- 
empt from the foregoing provisions. 


(f) Any person who shall exchange, or have such in his possession 
with intent to sell, exchange or deliver skimmed milk, in any manner other 
than as above prescribed, shall be subject to the same penalties as are pro- 
vided for the sale of whole milk in quality contrary to this article. 


Any person or persons, firm or corporation, violating any of the provi- 
sions of this section, or who fail to comply with any of the regulations as 
provided for in this section, shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined not less than twenty-five dollars nor more 
than one hundred dollars for each and every offense. (Jb., sec. 22.) 


Sec. 506. Sale, carrying, disposal, etc., of milk and cream 
prohibited within certain time of parturition—not to be mixed 
with other milk or cream—penalty.—No milk or cream shall be 
sold, kept, offered or exposed for sale, stored, transported, exchanged, car- 
ried, delivered or any manner disposed of, drawn from cows within fifteen 
days before or twelve days after parturition, nor shall the same be mixed 
with any other milk or cream for such purposes. 


Any one so offending shall be guilty of a misdemeanor and on convic- 
tion thereof shall be fined not less than twenty-five dollars nor more than 
one hundred dollars for each and every offense. (J/b., sec. 23.) 


ART. V.] OF INSPECTION OF MILK. 679 


Sec.507. Denials to or interference with authorized persons in 
duties prescribed in article misdemeanor—penalty.—If any person 
or persons refuse to comply with, or willfully connive at, or assist in a vio- 
lation of any of the provisions of this article, or whoever in any manner 
interferes, hinders, obstructs, delays, resists, denies, prevents or in any way 
interferes or attempts to interfere with the city chemist, assistant city 
chemist or milk inspectors, or police officer in the performance of any duty 
herein enjoined, or shall refuse to permit such officials or others to per- 
form their duty by refusing them or either of them entrance to any prem- 
ises where milk or cream is stored or kept, or where cows are stabled or 
kept, or refuses to permit any animal to be viewed or inspected or any milk 
or cream to be viewed, inspected, tested or analyzed, or samples to be taken 
for such purposes, or conceal any milk or cream, or any milk wagon driver, 
milk peddler, or milk vendor who, with his wagon, carriage or vehicle con- 
taining milk or cream, or any person delivering milk or cream by hand, runs 
or drives away, or attempts to run or drive away, or conceals or attempts to 
conceal any milk or cream in his possession, custody, care or control, from 
any of the officers aforesaid on being approached, or hailed or addressed by 
any of such officers in the performance of their duties, shall be deemed 
guilty of a misdemeanor and fined not less than twenty-five dollars nor more 
than one hundred dollars for each and every offense. (J/b., sec. 24.) 


See. 508. Officer or employe conniving—fine—forfeiture of 
office. —Any officer or employe of the city chemist who willfully connives 
at or assists in a violation of the provisions of this article shall, on convic- 
tion thereof, be punished not only by a fine not less than one hundred dol- 
lars, but also by a forfeiture of his office upon such conviction, as provided 
by law and this article. (Jb., sec. 25.) 


See. 509. Confiscation of bad milk—officers protected against 
loss. —All milk and cream from sick and diseased cows, or that is danger- 
ous or that may affect or be detrimental to life or health, shall, upon dis- 
covery thereof, by analysis or test made, be confiscated, forfeited and im- 
mediately destroyed by or under the direction of the city chemist or his as- 
sistants, who shall, if done in good faith, be held harmless in damages 
therefor, in any suit or demand made, and be protected in his action by the 
City of St. Louis. (Jb., sec. 26.) 


See. 510. Sick cows to be reported—sick horses also—viola- 
tion misdemeanor—penalty—Any person, firm or corporation having 
in possession a sick or diseased cow, shall forthwith report said fact at the 
office of the city chemist, who shall thereupon at once make examination 
thereof. Any sick horse or other animal kept in or about stables, premises 
or places where milch cows are kept or milked shall, in like manner, be 
reported. 


For any failure, neglect or delay in so reporting any diseased cow, 
horse or other animal the offender shall be deemed guilty of a misdemeanor 
and punished by a fine of not less than twenty-five dollars nor more than 
one hundred dollars. (J/b., sec. 27.) 


Sec. 511. Manufacturer of milk adulterations, colorings, pre- 
servatives, etc., guilty of misdemeanor—penalty.—Any person who 
shall manufacture, compound, use, sell or offer to sell any milk or cream adulter- 
ations or preservative or any compound, coloring matter, or substance whatever 
for the purpose of artificially preserving the sweetness or increasing the quality 


680 REVISED CODE OR GENERAL ORDINANCES. [CHAR SL, 


of milk or cream, or for any other purpose in connection with milk or 
cream, shall be deemed guilty of a misdemeanor and on conviction shall be 
punished by a fine of not less than fifty dollars nor more than one hundred 
dollars for each and every offense. (Jb., sec. 28.) 


Sec. 512. Inspection of places where cows are Kept—if re- 
quirements not complied with to notify owner—until objections 
abated milk not to be sold, ete.—removal of diseased animals— 
violation misdemeanor—penalty.—The city chemist shall, as often as 
deemed necessary, and at least once a month, in person, inspect, view, or ex- 
amine, or detail and direct the assistant city chemist or milk inspectors to 
inspect, view and examine all stables, houses, barns, buildings, erections or 
establishments, or places of any kind, and lots and pastures where cows 
are kept or fed, whose milk or cream therefrom is sold, used, delivered or 
disposed of in the city, as also the food such cows are fed, and the health 
and condition of such cows, and make notes and a record thereof in the 
books of the department. If any such cows are not fed upon good and 
wholesome food, or are fed upon food by this article prohibited, or are kept 
in an unclean, unhealthy or bad condition, or such stables are not properly 
ventilated, cleaned and whitewashed when needed, or are not placed in 
proper sanitary condition and kept so, then the officer or officers shall so 
notify, verbally or in writing, the owner or keeper of such cows, or stables, 
or other premises, and if any such owner, keeper or person shall not at once 
cease to milk any cow in an unhealthy or bad condition, or shall refuse, 
neglect or delay to at once proceed to ventilate or clean such stables, or 
whitewash them when needed, or place them in proper sanitary condition, 
the milk, cream or products from such cows shall not be sold, offered for 
sale, exposed for sale, or in any manner be disposed of until every such ob 
jection thereto is abated and removed and kept so, and every order or direc- 
tion so made be faithfully and fully complied with. 


If any diseased cow, horse or other animal shall therein or thereat be 
found it shall be ordered promptly removed therefrom to a place of safety 
out of and beyond the reach or range of contagion or infection. 


For any violation of the provisions of this section the offender shall be 
deemed guilty of a misdemeanor and on conviction thereof be fined not less 
than twenty-five dollars nor more than one hundred dollars for each and every 
offense. (Jb., sec. 29.) 


See sections R. C. 521 to 523. See also next article relating to regulations 
of dairies and cow stables which in large measure impose on the Sanitary 
division of the Health Department the same duties above imposed on the 
City Chemist’s office. 


ARTICLE VI. 
OF REGULATION OF DAIRIES AND COW STABLES.* 


*Hor dairy at poor house see R. C. secs. 782-793. 


Sec. 513. Provisions herein controlling. All dairies, cow stables 
and cow lots, in the City of St. Louis shall conform to and be managed and 
regulated as shall be provided for by this article. (M. C., sec. 538.) 


See also section 512 preceding. Ordinances regulating cows, dairies, cow sta- 
bles and sales of milk are valid as an exercise of the police power. See cases 
cited in preceding article on milk inspection, etce.; also Fischer vs. St. Louis, 194 
U. S. 361, 1. c. 370, affirming St. Louis vs. Fischer, 167 Mo. 654. But a dairy is not 
a nuisance ger se: see McDonough vs. Robbens, 60 Mo. App. 156; State vs. Boll. 
59 Mo. 321; see as to when it is pronounced a nuisance: see. 521. 


ART, Yi.J OF REGULATION OF DAIRIES AND COW STABLES. 681 


Sec. 514. Sanitary officers to inspect.—It shall be the duty of 
the sanitary officers of the health department to inspect all stables, barns, 
buildings, sheds and all places of any kind, including lots and pastures 
where cows are kept or fed, whose milk or cream is sold, used, delivered or 
disposed of in the City of St. Louis. (M. C., sec. 539.) 


Sec. 515. Cow stables and lot to be kept clean—cooling 
milk.—A1l cow stables shall be washed out and thoroughly cleaned at least 
once a day, and all cow lots or cow yards shall be cleaned once a week. No 
liquid discharge from any cow stable or dairy or cow lot shall be conducted 
or placed on any public or private property or into any stream or water 
course Within the limits of the city. All dairies and milk depots shall have 
suitable facilities for the keeping and cooling of milk. All persons, firms 
or corporations who own or keep a dairy or cow lot shall maintain the 
premises free from any accumulation of manure or refuse whatever. Every 
person, firm or corporation violating the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction shall be fined not less 
‘than twenty-five dollars nor more than one hundred dollars for each and 
every offense. (M. C, sec. 540.) 


See. 516. Dairy and cow stables to connect with sewers— 
catch basin.—No dairy or cow stable shall be hereafter erected or estab- 
lished unless it will have connection with the city sewer system, if such be 
practicable. No dairy shall be allowed to discharge into any public district 
or private sewer any manure or any substance that may cause said sewer 
to choke up, and no dairy shall have connection with any public district or 
private sewer except through two intervening catch basins of such kind so 
as to prevent any straw, hay or manure from entering the sewer. Any per- 
son interfering with said catch basins or failing to construct said catch 
basins or violating any of the provisions of this section shall be deemed 
cuilty of a misdemeanor, and upon conviction shall be fined not less than 
twenty-five nor more than one hundred dollars. (M. C., see. 541.) 


Sec. 517. Permission to conduct granted by ordinance. 
No dairy or cow stable shall hereafter be erected, built or established within 
the limits of this city without first having obtained permission so to do 
from the municipal assembly by proper ordinance, and no dairy or cow sta- 
ble not in operation at the time of the approval of ordinance number 18407 
shall be maintained on any premises unless permission so to do shall have 
been obtained from the municipal assembly by proper ordinance. Any per- 
son violating any of the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction shall be fined not less than one hun- 
dred nor more than five hundred dollars. (M. C., sec. 542.) 


The ordinance was approved April 6, 1906. This is a valid exercise of the 
police power; the validity of the ordinance was sustained against numerous 
charterial and constitutional objections sought to be invoked against it in both 
state and federal courts: Fischer vs. St. Louis, 194 U. S. 361, affirming 167 Mo. 
654; St. Louis vs. Schefe, 167 Mo. 666, affirmed in Schefe vs. St. Louis, 194 U. S. 378. 


Sec. 518. Application to establish to commissioner of public 
buildings. —Before the commissioner of public buildings shall issue a per- 
mit for the erection, building or establishment of any dairy or cow stable, 
there shall be made to him in duplicate by the person or parties so desiring 
to do, an application in writing, to which shall be attached a certified copy 
of the ordinance giving the permission. The application shall set forth: 


First—The location of the proposed dairy or cow stable. 


682 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 
Second—The name of the party or parties proposing to go into the 
dairy business. 


Third—The name or names of the owner or owners of the ground on 
which the dairy or cow stable is to be located. 


Fourth—The number of cows proposed to be kept. 
Fifth—The size and dimensions of the stable. 


Sixth—The dimensions and boundaries of the lot or pasture in which 
the cows are to be turned out. 


Seventh—Whether the cow stable can be connected with the sewer Me 
tem of the city or not. 


Kighth—If it cannot be connected with the sewers, what arrangements 
exist, if any, for the removal of manure and liquid from the stable. 


Ninth—Whether the stable can be supplied with city water, and, if 
not, what arrangements exist for cleaning out the same. The commissioner 
‘of public buildings shall forward one of said applications to the health 
commissioner. (M. C., sec. 543.) 


Sec. 519. Regulations in constructing cow stables.—All cow 
stables hereafter erected, built, or established shall comply with the fol- 
lowing regulations: All single stalls shall be at least three feet wide, 
double stalls six feet wide, and all stalls shall be at least seven feet long; 
the height of ceilings from the floor shall be at least eight feet; the floors 
must be of tight plank or be paved with brick or stone, laid in cement if 
paved with brick or stone, then the earth below it shall be sufficiently solid 
to prevent its becoming a receptacle of filth and offensive matter; the floors 
of the stalls shall slope down into a drain or gutter, which shall be at 
least twelve inches wide and four inches deep, and said drain or gutter 
shall connect with and lead into a sewer through two intervening catch 
basins or tightly cemented cesspool, so that waste matter can be carried or 
hauled away. Openings for ventilation must be placed on at least two sides 
of the building, with openings not less than two feet square for every 
double stall or two single stalls, and there must be roomy ventilators in 
the roof not less than one for every twenty feet or fraction thereof, in the 
length of the building. All cow stables hereafter to be built or established, 
except the entrance from or exit to, with street or alley, or easement or 
passageway, shall be at least three feet away from the building line. Any 
persons violating any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof be fined not less 
than fifty dollars nor more than one hundred dollars for each and every 
day the work is done thereon, or said cow stable used as such, each day of 
which shall constitute a separate and distinct offense. (M. C., sec. 544.) 


There seems to be an error in the enrollment in the provision for entrance 
or exit, which is not clear. For dairy established at Poor House, see ord. 20952. 


Sec. 520. Same—alterations, ete.—In the construction, alteration 
and improvement of all cow stables, arrangements for proper ventilation, 
light and drainage shall be made, and all alterations and improvements 
in cow stables now constructed shall be made to conform with the pro- 
visions in relation to new stables, as provided in the next preceding section. 
(M. C., sec. 545.) 


Sec. 521. When nuisance.—All dairies or cow stables, now erected 
or established, when found to be so badly lighted or ventilated as to be 


ART. VI.] OF REGULATION OF DAIRIES AND COW STABLES. 683 


injurious or unhealthy for cows, or not provided with legal catch basins or 
tightly cemented cesspools, so that waste matter can be carried or hauled 
away, or shall be conducted in an uncleanly manner, shall be deemed a 
nuisance. (M. C., sec. 546.) 


See as to dairies and cow stables being nuisances note to sec. 5138. 


See. 522. Notice to show cause—hearing.—It shall be the duty 
of the board of health when any report shall be made of the bad or im- 
proper construction of any dairy or cow stable, or of any nuisance created, 
by any dairy, cow stable or cow lot, to notify the owner or proprietor 
thereof to show cause before the said board of health, at the time and place 
specified in said notice, why said dairy or cow stable should not be altered 
or changed, or such defects remedied or nuisance removed, which notice 
for the party complained against to appear shall be served at least five 
days before the date specified in such notice; said notice shall be served by 
leaving the same at the place of business or residence of the parties to be 
affected thereby by some officer or person duly qualified to certify to such 
notice; and all notices of this kind issued by the board of health shall be 
signed by the presiding officer of the board of health or the health com- 
missioner. At the time fixed in said notice the parties may appear in per- 
son or by attorney, or cause may be shown by affidavit, and if, in the opin- 
ion of the board of health and health commissioner, no good and sufficient 
cause be shown why the said nuisance should not be abated, discontinued 
or removed, or said cow stables reconstructed, the health commissioner 
shall order the said parties to abate, discontinue, remove, or reconstruct 
the same within such time as the health commissioner may deem reason- 
able and necessary. If, upon the hearing of the affidavits and the evidence 
adduced in the case, the board shall find the facts to be in favor of the par- 
ties before them, and so decide, the case shall be dismissed. (M. C., sec. 
547. ) 


Sec. 523. Penalty on failure to obey order.—Any person or 
persons failing or refusing to obey such order of said health commissioner 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than fifty nor more than five hundred dollars; and 
such person or persons shall be subject to like fines for each and every day 
he, she or they shall continue such nuisance or fail to obey the order of the 
health commissioner after the expiration of the time specified in the order 
of the health commissioner for the abatement, removal or discontinuance 
of the same. The fines mentioned in this article shall be collected as other 
fines and paid into the city treasury. (M. C., sec. 548.) 


Sec. 524. Veterinary surgeons — appointment—salary.—The 
health commissioner, by and with the approval of the board of health, shall 
appoint two practical veterinary surgeons as inspectors of live stock, who 
shall perform their duties under the immediate supervision of the chief 
sanitary officer. Said veterinary surgeons shall each receive a salary of one 
hundred and seventy-five dollars per month, and shall each provide himself 
with a horse and buggy and maintain same at his own expense for the ex- 
peditious performance of his duties. Said veterinary surgeons may be dis- 
charged by the health commissioner, with the approval of the board of 
health, for violation of rules or neglect of duty. (M. C., sec. 549.) 


Sec. 525. Bond.—The veterinary surgeons appointed under the pro- 
visions of this article shall each give a good and sufficient bond to the city 
in the penal sum of five thousand dollars, said bond to be approved by the 


684 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


mayor and council, and the conditions of said bond shall be that [said] 
veterinary surgeons shall well and faithfully execute and perform the duties 
of their office; provided that no one shall be competent to serve as bondsmen 
for said veterinary surgeons who shall be either directly or indirectly inter- 
ested in the milk or dairy business. (M. C., sec. 550.) 


Sec. 526. Authority of surgeons and sanitary officers—pen- 
alty. — Said veterinary surgeons and sanitary officers shall have the right, 
and it shall be their duty, to have full access, egress and ingress to all 
places, buildings, cow yards, cow lots and cow stables where cows are kept 
for milking purposes or purposes of sale; and they shall have the right, and 
it shall be their duty, to examine all cows to determine whether the same 
are sick or diseased or have been exposed to or have been contaminated or 
affected by any contagious or infectious disease. Any person or persons 
who in any manner interferes, hinders, obstructs, delays, resists, denies, 
prevents, or in any manner interferes or attempts to interfere with said 
veterinary surgeons or sanitary officers in the discharge of their duties, or 
any person or persons being the owner, agent or manager of any cow 
stable, dairy or cow lot, or any building where cows are stabled or may be 
kept, who shall refuse to permit any cow to be viewed or inspected by said 
veterinary surgeons, or who attempts to conceal, run or drive away any 
cow supposed to be diseased, shall be deemed guilty of a misdemeanor, and 
shall, upon conviction, be fined not less than fifty dollars nor more than 
five hundred dollars for each and every offense. (M. C., sec. 551.) 


Sec. 527. Badge of veterinary surgeons.—Veterinary surgeons 
shall each, when on duty, wear a metal badge which badge shall be num- 
bered and shall have the words “Veterinary Surgeon of Health Department 
of City of St. Louis” plainly marked on same. Said badge shall be supplied 
by and be the property of the city. (M. C., sec. 552.) 


Sec. -528. Inspection of cows outside city—expenses.—The 
health commissioner is hereby empowered to require said veterinary sur- 
geons to go outside the corporate limits of the City of St. Louis to any 
point within a radius of one hundred and fifty miles to examine the phys- 
ical condition of cows whose milk is or may be brought into the City of St. 
Louis for sale; and all vouchers for traveling expenses incurred by said 
veterinary surgeon, or surgeons in the discharge of this duty, when signed 
by the health commissioner and approved by the board of health, shall be 
paid out of the fund appropriated for the expense of the board of health 
and health commissioner. (M. C., sec. 553.) 


See. 529. Milk of diseased cows—report—health commis- 
sioner to notify citizens.—When said veterinary surgeon or surgeons 
shall find any cow or cows in a dairy from which dairy milk is brought 
into this city for sale to be diseased, they shail immediately make a report 
of the facts in duplicate; one of said reports to be delivered to the health 
commissioner and the other to the person, firm or corporation receiving 
and disposing of the milk from such cows. On receipt of a report that 
milk from diseased cows is being brought into this city the health com- 
missioner shall issue an order forbidding its sale in the City of St. Louis 
until such time as the health commissioner is satisfied by approved veter- 
inary certificate that such diseased cows have been separated from the 
balance of the herd; and if the parties who shall have been served with 
such order fail to obey the same, the health commissioner is hereby em- 
powered to give notice to the citizens of St. Louis through the newspapers 


ART. Visj OF REGULATION OF DAIRIES AND COW STABLES. 685 


doing the city printing, stating all the facts in the case, and to warn them 
against the use of such milk. And said parties may be proceeded against 
in the manner prescribed by the provisions of this article. (M. C., sec. 554.) 


See. 530. Report, when cows or animals about dairy are 
sick.—Any person, firm or corporation having in possession a sick or dis: 
eased cow shall forthwith report said fact at the office of the health com- 
missioner, who shall thereupon at once examine or direct any veterinary 
surgeon to make examination thereof. Any sick horse or other animal 
kept in or about stable, premises or places where milch cows are kept 
or milked, shall in like manner be reported. For any failure, neglect or 
delay in so reporting any sick or diseased cow or other sick animal, the 
offender shall be deemed guilty of a—misdemeanor, and upon conviction 
shall be fined not less than twenty-five dollars nor more than one hundred 
dollars. (M. C., sec. 555.) 


See. 531. Same—action of officials—when cows are sick. 
{if any cow be found sick or diseased the owner or the person in charge 
thereof shall not sell, offer for sale, exchange, deiiver or keep, expose for 
sale, exchange or deliver the milk or cream thereof, but shall at once de- 
stroy the same. If, in the opinion of the veterinary surgeon or any in- 
spector, said cow is afflicted with a contagious or infectious disease, he 
shall direct the owner or person in charge thereof to forthwith remove said 
cow from the premises to a place where it may not spread or cause con- 
tagion or infection. Any person violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty-five dollars nor more than one hundred 
dollars. If, in the opinion of, and after an examination by, the veterinary 
surgeon, said cow is deemed incurable, and the owner or person in charge 
thereof does not consent to its being killed, such official shall cause two 
disinterested and experienced persons to view and examine the same. If 
said persons agree and certify in writing that said sickness or disease is 
incurable and likely to spread contagion or infection, and the health com- 
missioner, in writing, approves said finding and judgments, the veterinary 
surgeon shall forthwith kill said animal and see that the carcass is re. 
moved and so disposed of that it cannot be sold for human food. If cows 
in any dairy located outside of the city limits are found to have any con- 
tagious disease the veterinary surgeon shall mail a notice of such fact to 
the state authorities. (M. C., sec. 556.) 


See. 582. Connivance of officer or employe—penalty.—Any 
officer or employe of the City of St. Louis who wilfully connives at or 
assists in a violation of the provisions of this article shall be deemed guilty 
of a misdemeanor, and on conviction thereof be punished by a fine of not 
less than one hundred dollars nor more than five hundred dollars, and shall 
at once forfeit his office, as provided by law in this article. (M. C., see. 


——— 


Ood.9 


Sec. 533. Smallpox, ete., in house connected with dairy.— 
Whenever in any house connected with any dairy there is any case of 
smallpox, diphtheria, scarlet fever or typhoid fever, the sale of milk from 
such dairy or depot is prohibited until the disease has terminated and the 
premises fumigated. Any person violating the provisions of this section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be fined not less than fifty nor more than one hundred dollars. (M. C., 
sec. 558.) 


ry 
| 
} 


686 REVISED CODE OR GENERAL ORDINANCES. (CHAP it. 


See. 534. 
comply or violating any of the provisions of this article, for which no 
special penalty has been prescribed, shall be deemed guilty of a misde- 
meanor, and, upon conviction, shall be fined not less than twenty nor more 
than five hundred dollars. (M. ©., sec. 559.) 


ARTICLE VII. 
OF INSPECTION OF MEAT, FISH, VEGETABLES AND FRUIT. 
Sec. 5385. Office for, created.—There is hereby created the office 
of inspector of meat, fish, game, poultry, vegetables and fruit within and 


for the City of St. Louis. (M. C., sec. 486.) 


For Charter authority see Chart., Art. III, sec. 26, clause 7. 


Sec. 5386. Four inspectors to be appointed—qualifications. 
The health commissioner, with the approval of the mayor, shall appoint 
four inspectors of meat, fish, game, poultry, vegetables and fruit, all of 
whom shall be practical butchers, and one of whom shall act as clerk. 
(M. C., sec. 487.) 


Sec. 537. Bonds of inspectors.—The inspectors shall each give 
bond in the sum of four thousand dollars, with two or more solvent sure- 
ties, to be approved by the mayor and council, and conditioned for the 
faithful discharge of the duties of his office. (M. C., sec. 488.) 


Sec. 538. Salaries.—The inspectors shall each receive a salary of 
one hundred dollars per month, payable monthly. (M. C., sec. 489.) 


Sec. 5389. Horse and buggy. ide a 
horse-and wagon and maintain the same at their own expense for the expe- 
dition of business of inspecting meat, fish, game, poultry, vegetables and 
fruit. (M. C., sec. 490.) 


See. 540. Duties of inspectors. —The inspectors shall perform 
such duties as may be prescribed by ordinance, or required of them by the 
health commissioner or board of health. (M. C., sec. 491.) 


Sec. 541. Power of inspectors.—Said inspectors shall have power 
to enter all markets, stores, houses or other places where meat, game, 
poultry, fish, vegetables and fruit are offered for sale for human food. 
When such meats, game, poultry, fish, vegetables and fruit are found on 
inspection to be tainted, diseased, corrupted er unwholesome from any 
cause, said inspector shall condemn it as unfit for human food, mutilate or 
mark it in such manner as they may deem best to indicate its condemna- 
tion, and order the same to be immediately disposed of otherwise than for 
food. (M. C., sec. 492.) 


Sec. 542. Duties of those having tainted articles—penalty. 
—Any person, firm or corporation having in his, their or its possession any 
meat, poultry, game, fish, vegetables or fruit which is tainted, diseased, 
corrupted or unwholesome from any cause, shall inform the health com- 
missioner, in writing, under oath, within forty-eight hours after notification 
by the inspectors, as to what disposition has been made of such meat, 


ART. VIII.] OF POISONS. 687 


poultry, game, fish, vegetables or fruit, and any such person, firm or cor- 
poration failing to comply with the provisions of this article shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 
not less than fifty dollars nor more than five hundred dollars. (M. C., see. 
493.) 


Keeping putrid meat, etc., on premises nuisance, etc., see sec. 590. 


Sec. 543. Penalty for offering for sale tainted articles. 
Any person, firm or corporation who shall offer for sale to consumers for 
human food any meats, game, poultry, fish, vegetables or fruit that are 
tainted, diseased, corrupted or unwholesome, or meats from any cattle, 
hogs, sheep or calves that were unsound, sick, diseased or out of condition 
at the time they were slaughtered, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than fifty dollars nor 
more than five hundred dollars. (M. C., sec. 494.) 


Sec. 544. Publication of names of offenders. —Any person, firm 
or corporation who shall be convicted of any offense under sections 542 
and 543 shall have their names and places of business published by the 
health commissioner conspicuously in not less than two English and two 
German papers, published in this city, for three days. (M. C., sec. 495.) 


ARTICLE VIII. 
OF POISONS. 


Sec. 545. Poisons—regulations of sale.—lIt shall not be lawful 
for any person to sell any drugs, medicines, chemicals or any other article 
which may prove fatal or injurious when taken internally or used externally 
by any person if taken in such quantities that it is possible for any person 
to take such medicine, drug or other article by mistake without discovering 
such mistake, unless the same shall be plainly labeled ‘‘poison,” and with 
the name of the article; in addition to the word “poison” such label shall 
contain a skull and crossbones, so as to indicate to any person handling 
such article that it is poisonous, and in no case shall any poisonous article 
be sold to a minor or other irresponsible person. (M. C., sec. 512.) 


Sec. 546. Abortions—sale of drugs which produce forbidden. 
—No person shall be permitted to sell any drug, medicine or other article 
which is known by the medical profession to produce abortions, or that 
may have a tendency to destroy the human foetus. (M. C., sec. 515.) 


Sec.547. Prescriptions of registered graduates excepted—The 
before-named sections shall not apply to prescriptions of graduates of any 
medical school that have registered at the office of the board of health; a 
list of the names of the resident physicians of the city shall be furnished 
any druggist or apothecary within the city limits on application to the 
board of health. (M. C., sec. 514.) 


Sec. 548. Poisons to be sold only on prescriptions.—No apoth- 
ecary, druggist or other person within this city shall sell, or permit to be 
sold, at retail or wholesale, except to dealers in such articles, any poison- 
ous drug or substance, except the same shall have been prescribed or or- 
dered by a physician for the use of the sick, or the person desiring to ob- 
tain the same shall have first been furnished with a written permit from the 
board of health. (M. C., sec. 515.) 


Sec. 549. Drugs for external use—regulation of, to pre- 
scription and delivery.—It shall be the duty of every physician within 


688 REVISED CODE OR GENERAL ORDINANCES. LCRA lds 


the city prescribing or ordering for external use any poisonous drug or 
substance, to state in his prescriptions or orders in plain writing, “For 
external use,” and no apothecary or druggist shall deliver any article thus 
ordered without the same being properly labeled with the words, ‘‘For ex- 
ternal use.” (M. C., sec. 516.) 


Sec. 550. Penalties.—Any apothecary, druggist or other person 
violating the provisions of the foregoing sections of this article shall be 
deemed guilty of a misdemeanor, and upon conviction shall be punished by 
a fine of not less than fifty nor more than three hundred dollars for each 
and every offense, to be recovered for the use of the City of St. Louis before 
any court or officer having competent jurisdiction. (M. C., sec. 517.) 


ARTICLE IX. 
OF ADULTERATED ARTICLES. 
Sec. 551. Sale of adulterated provisions forbidden.—W hoever 
shall sell any kind of diseased, corrupted, adulterated or unwholesome pro- 


visions to be used for food or drink, shall be deemed guilty of a misde-— 
meanor. (M. C., sec. 518.) 


Sec. 552. Adulteration of food or drink forbidden.—W hoever 
shall adulterate, for the purpose of sale, any bread, milk or other, article 
of food or drink whatever, with any substance injurious to health, shall 
be deemed guilty of a misdemeanor. (M. C., sec. 519.) 


Sec. 553. Adulterations of liquids intended for drink forbid- 
den. —Whoever shall adulterate, for the purpose of sale, any liquid or 
fluid used or intended for drink, with substances poisonous or injurious to 
health, and whoever in this city shall sell any such liquor or fluid so adul- 
terated, shall be deemed guilty of a misdemeanor. (M. C., sec. 520.) 


Sec. 554. Adulteration of drugs forbidden.— W hoever shall adul- 
terate, for the purpose of sale, any drugs or medicine, without making the 
same known at the time of the sale to the purchaser, shall be deemed guilty 
of a misdemeanor. (M. C., sec. 521.) 


Sec. 555. Sale of adulterated milk forbidden.—Whoever shall 
sell or offer for sale any milk adulterated with water or other substance, 
or any milk produced from diseased cows, shall be deemed guilty of a mis- 
demeanor. (M. C., sec. 522.) 


See sec. R. C. 499. 


Sec. 556. Adulteration of candy forbidden.—W bhoever shall adul- 
terate, for the purpose of sale, any candy, taffy, caramels, drops, lozenges 
or other confections with barytes, or the so-called ‘terra alba,” or with 
other substances poisonous or injurious to health, and whoever in this city 
shall sell or expose for sale any such candy, taffy, caramels, drops, loz- 
enges or other confections so adulterated, shall be deemed guilty of a mis- 
demeanor. (M. C., sec. 523.) 


Sec. 557. Penalties.—All persons violating any of the provisions of 
the six next foregoing sections shall, upon conviction thereof, be fined not 


ART. X.] OF REGULATIONS CONCERNING THE CUTTING OF ICE. 689 
less than twenty-five dollars nor more than one hundred dollars, to be re- 


covered for the use of the city, before any court or officer, having compe- 
tent jurisdiction. (M. C., sec. 524.) 


ARTICLE X. 


OF REGULATIONS CONCERNING THE CUTTING OF ICE. 


Sec. 558. Cutting ice without permit forbidden.—No person, 
firm or corporation shall cut, take or remove any ice from any pond, sink 
hole, stream or slough or the River des Peres within the limits of the City 
of St. Louis without first having obtained a permit from the health com- 
missioner so to do. (M. C., sec. 525.) 


Sec. 559. Application for permit. —Any person desiring to cut 
or remove ice from any pond, sink hole, slough or stream or the River des 
Peres within the limits of the city shall make an application to the health 
commissioner for a permit to do so, stating the locality of the pond, sink 
hole, slough or stream or the River des Peres from which the ice is pro- 
posed to be cut and the purpose for which the ice is to be used, and the 
locality within the city where the ice is to be stored. (M. C., sec. 526.) 


Sec. 560. Application to be submitted to board of health. 
Before the health commissioner shall issue any such permit he shall sub- 


mit the application to the board of health for its approval. (M. C., see. 
527.) 


Sec. 561. Approval of application — issuance of permit. — 
If the board of health approve of a permit being granted to cut or remove 
ice from any pond, sink hole, stream, slough or River des Peres, the health 
commissioner shall issue to said party a permit to cut said ice. (M. C., 
sec. 528.) 


Sec. 562. No permit for condemned places.—The board of 
health shall not approve of any permit to cut or remove ice from any pond, 
sink hole, stream or slough that has been condemned by the board of health. 
(M. C., sec. 529.) 


Sec. 563. Permit to be limited to one block or acre.— No 
permit shall be issued to cover more than one block in the city limits nor 
more than one acre in that part of the city not laid out in blocks. (M. C., 
sec. 530.) 


Sec. 564. Consent of owner or lessee necessary.—No permit 
shall be issued to cut or remove ice from any pond, sink hole, slough, 
stream or the River des Peres unless the owner or lessee of the property 
on which the pond, sink hole, slough, stream or River des Peres is located 
shall file with the health commissioner his or her written consent that such 
ice may be cut and removed. (M. C., sec. 531.) 


Sec. 565. Signing and attesting of permits. —All permits to 
cut ice as provided for by this article shall be signed by the health commis- 
sioner, attested by the clerk of the board of health, and countersigned by the 
city register and comptroller. (M. C., sec. 532.) 


690 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


Sec. 566. Fee for permit.—For all such permits the health com- 
missioner shall charge a fee of one dollar, which he shall account for and 
pay into the city treasury. (M. C., sec. 533.) 


Sec. 567. Police to arrest for cutting without permit.—It is 
hereby made the duty of the police officers to arrest any person found 
cutting or removing any ice from any pond, sink hole, slough, stream or 
River des Peres within the limits of the city, who has not first obtained a 
permit from the health commissioner as provided for in this article. (M. 
C., sec. 534.) 


Sec. 568. Bond necessary for permit.—Before the health com- 
missioner shall issue any such permit he shall require the parties to file a 
good and sufficient bond in the sum of two thousand dollars, with two or 
more good securities, to be approved by the mayor; said bond shall provide 
that the ice cut from the pond, sink hole, slough, stream or River des Peres, 
for which a permit has been granted by the health commissioner, shall not 
be sold or used for drinking purposes, and that it is to be stored in the 
locality mentioned in the permit, and that any violation of the provisions 
and stipulations as provided for in the permit shall work a forfeiture of 
the bond, and the same shall be collected and paid into the treasury of the 
city for the benefit of the City of St. Louis, and said bond, before being 
filed with the city register, shall be presented to the health commissioner, 
and the wording of the permit shall correspond exactly with the wording 
of the bond, so far as location and description of places from which and 
to which the ice is to be removed. (M. C., sec. 535.) 


Sec. 569. Statement to be filed with health commissioner— 
| penalty. —All parties bringing into, or storing ice in the City of St. Louis 
shall file a statement with the health commissioner, which statement shail 
be sworn to; said statement shall specify the locality from which the ice 
has been brought, and when cut, and if, in the opinion of the health coin- 
missioner said ice is only fit for the cooling of articles, he shall require 
said parties to give a bond and comply with all the provisions of the next 
preceding section. Any persons bringing or storing ice within the limits 
of the city without filing a statement as provided for in this section, shall 
be guilty of a misdemeanor and upon conviction thereof shall be fined not 
less than fifty nor more than two hundred and fifty dollars, to be recov- 
ered as in all cases of misdemeanor, before any court having competent 
jurisdiction. (M. C., sec. 586.) 


Sec. 570. Penalty.—Any person, firm or corporation found guilty of 
violating any of the provisions of this article shall be deemed guilty of a 
misdemeanor, and upon conviction shall be fined not less than fifty nor 
more than two hundred and fifty dollars for each and every violation of 
this article, to be recovered as in all other cases of misdemeanor, befcre 
any court of competent jurisdiction. (M. C., sec. 587.) 


ARTICLE XI. 


OF REGULATIONS OF VAULTS, PRIVIES AND WATER-CLOSETS. 


Sec. 571. Privy vaults to be provided.—Each and every build- 
ing within the city used as a dwelling, store, livery stable, tenement house, 
warehouse, factory, mill or foundry, shall be furnished with suitable and 
lawful privy vaults or water-closets. (M. C., sec. 560.) 


aba e Dkos | OF REGULATIONS OF VAULTS, PRIVIES AND WATER-CLOSETS. 691 


Sec.572. Leaking privies, ete., penalty for maintaining.—Any 
owner, lessee, tenant, or agent of any building or lot of any ground in the 
city who shall maintain or allow to exist, about or on, said building or lot 
of ground any privy, privy vault, commode, cesspool or water-closet, which 
shall be found in an overflowing, leaking, full, filthy, stinking, insecure, 
defective, or unlawful condition, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than ten nor more than one 
hundred dollars for each offense; and every day on which a violation of this 
section exists as to any premises shall constitute a separate and distinct 
offense. (M. C., sec. 561.) 


Sec. 573. Privy tubs to be emptied.—The owner or occupant 
of any premises where tubs or other vessels are used in a privy shall 
not permit such tubs or other vessels to remain more than one day without 
being emptied. (M. C., sec. 562.) 


Sec. 574. When nuisances.—Every water-closet or privy con- 
structed and used in any dwelling house or building within the limits of 
the city, which water-closets or privies are not connected with some public, 
district, [joint district] or private sewer adjoining the ground on which 
said building is erected and properly connected with the public sewer sys- 
tem of the city, shall be deemed a nuisance, except as provided in next suc- 
ceeding section. (M. C., sec. 563.) 


See Hill vs. St. Louis, 159 Mo. 159, 176. This section was originally passed 
before the Charter amendment creating “joint district’? sewers. 


9 


See. 575. Privy vaults not connected with sewers—regula- 
tions of construction of —On all premises not so situated as to be 
accessible to the sewerage system of the city the privy vaults shall be con- 
structed as follows: The vaults shall be sunk under the ground not less 
than ten feet, and shall be walled up with brick or stone, laid in hydraulic 
cement mortar, with bottom of same material, and shall be so constructed 
that the outside wall shall be at least two feet distant from the line of all 
adjoining lots, and also the same distance from every street or alley, and 
the walls shall be carried one foot above the surface of the ground, and 
shall be built to exclude all water from the surface, from the roof of build- 
ings and from the city water-works. Whenever such privy vault shall be- 
come full, to within three feet of the top of the wall, it shall be emptied and 
its contents removed, and it shall be unlawful to build or maintain any 
privy vault situated as described in this section, otherwise than is herein 
provided. (M. C., sec. 564.) 


See regulations required by sec. 2313 of R. C. 


Sec. 576. Privy vaults on streets—to be connected with 
sewers.—The vaults, :privies and water-closets in or belonging to all resi- 
dences, tenements, houses, factories, stores, mills, foundries, livery stables, 
warehouses and hotels, located on a line of any street or alley, through 
which there is a public, private [joint district], or district sewer, shall be 
connected by the owners, lessees, or agents of such property with such pub- 
lic, private, [joint district] or district sewer whenever required to do so by 
the health commissioner, which order shall be served in the same manner as 
writs of summons are required to be served in civil cases, and if the owner, 
lessee or agent, who shall have been served with such notice, shall fail to 
comply with the order of the health commissioner in the time indicated in 
such order, then such owner, lessee or agent shall be deemed guilty of a 


692 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


misdemeanor, and on conviction shall be fined not less than fifty dollars nor 
more than two hundred dollars for such offense, and every day on which a 
violation exists as to any premises shall constitute a separate and distinct 
offense. (M. C., sec. 565.) 


Sec. 577. Method of construction and connection.—All vaults, 
privies or water-closets hereafter to be constructed or connected with the 
sewerage system of the city shall be constructed and connected in accord- 
ance with the ordinances in relation to the same, and any other manner of 
constructing vaults, privies or water-closets, or of connecting the same with 
the sewer system of the city, shall be unlawful. (M. C., sec. 566.) — 


See R. C., sec. 2318. 


Sec. 578. Reconstruction — notice — penalty. — Whenever the 
health commissioner is of the opinion that any vault, privy or water-closet 
is not properly connected with the sewer system of the city, or when, in his 
opinion, the condition of any vault, privy or water-closet is such as to be 
dangerous to the health of the citizens, he shall order the owner, lessee or 
agents of said property on which is located such vault, privy or water-closet 
to reconstruct or properly connect said vault, privy or water-closet with 
the sewer system of the city in accordance with the ordinances, and any 
owner, lessee or agent of property receiving such order and failing to com- 
ply with the same shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined not less than ten nor more than two hundred dollars 
for each offense; and every day on which a violation of this order exists 
as to any premises shall constitute a separate and distinct offense. All or- 
ders to owners, lessees or agents to connect or reconstruct vaults, privies 
or water-closets under the provisions of this section shall be served in the 
same manner as writs of summons are required to be served in civil cases. 
(M. C., sec. 567.) 


Sec. 579. When to be emptied and cleaned.—No privy within 
the limits of the City of St. Louis shall be emptied unless the health com- 
missioner shall be satisfied that the same is absolutely necessary for the 
health and comfort of the inhabitants, and in such cases they shall be 
thoroughly cleaned by licensed vault-cleaners only, upon a permit obtained 
from the health commissioner. No privy shall be emptied at any other time 
than between the hours of nine o’clock p. m. and four o’clock a. m., unless 
by special permission or order of the health commissioner. (M. C., sec. 


68.) 


Sec. 580. Manner of cleaning. — The cleaning of all vaults or 
privies shall be done in such manner and time as is or may be prescribed 
by ordinance and without creating a nuisance, and in as inodorous a man- 
ner and as free from foul odors and gases as possible. (M. C., sec. 569.) 


See. 581. Duty of police and sanitary officers.—It is made 
the duty of all sanitary and police officers to report and prosecute any and 
all violations of this article. (M. C., sec. 570.) 


See. 582. Penalty for violation of preceding sections.—Any 
person violating the three preceding sections or any rules or regulations of 
the board of health, as provided for in the three preceding sections, shall be 
fined not less than twenty dollars nor more than three hundred dollars for 
each offense, and shall also be liable on his bond to any person especially 
damaged by the violation of such rules or regulations. (M. C., sec. 571.) 


ART. XII] OF NUISANCES. 693 


Sec. 583. Penalty. —Any person violating or failing to comply with 
any of the provisions of this article, and to which no special penalty is 
attached, shall be deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined not less than twenty dollars nor more than two hundred dol- 
lars. (M. C., sec. 572.) 


ARTICLE XII. 


OF NUISANCES* 


*POWERS OF THE CITY IN GENERAL RESPECTING NUISANCES. 


The Charter authorizes the city to declare, prevent and abate nuisances in 
general, besides conferring specific authority upon certain subjects: Charter, Art. 
III, sec. 26, clause sixth; see also Charter, Art. 12, secs. 4, 6, 7; Art. VI, sec. 19. 


Even under the broad powers conferred upon the city by the Charter, it is not 
competent for the city to declare that to be a nuisance which is not such in fact: 
St. Louis vs. Heitzeberg Packing Co., 141 Mo. 375. 


The General Assembly may confer on the Municipal Assembly the power to 
abate nuisances and to declare what shall be deemed nuisances, and where the 
subject matter is prima facie a nuisance, or may be one under the conditions 
prevailing where prohibited, the determination of the Municipal Assembly is 
conclusive: St. Louis vs. Stern, 8 Mo. App. 48; Hisey vs. Mexico, 61 Mo. App. 
248; and see cases hereinafter cited. 


But the city’s power can not be made so absolute as to be beyond the cog- 
nizance of the courts to determine whether it has been reasonably exercised in a 
given case or not: River Rendering Co. vs. Behr, 77 Mo. 91, 1. c. 98; St. Louis vs. 
Heitzeberg Packing Co., 141 Mo. 375, 384; St. Louis vs. Schnuckenberg, 7 Mo. App. 
536. 

But in determining the question of the power of the city to designate the sub- 
ject as a nuisance, if the object to be accomplished by the ordinance is conducive 
to public interests and to public health, especially in the exercise of the police 
power of the municipality, the courts will accord to the city a liberal discretion, 
both as to the ends sought and to the means employed, and the ordinance will be 
upheld, unless the act declared a nuisance unquestionably is not one: St. Louis 
vs. Galt, 179 Mo. 8, 18 and cases there cited; Kansas City vs. McAleer, 31 Mo. App. 
433, 436; State vs. Tower, 185 Mo. 79. * 


The city cannot legalize a nuisance: Sutton vs. P. W. Co., 117 Mo. App. 636. 


ABATEMENT OF NUISANCES. 


Trial by jury is not essential, on constitutional grounds, to a method of ascer- 
taining the existence of a public nuisance: St. Louis vs. Stern, 3 Mo. App. 48. 

Service of notice to abate: St. Louis vs. Flynn, 128 Mo. 413. 

The finding of a board of health that a nuisance exists, is, in an action for 
failure to abate, prima facie but not conclusive evidence of its being a nuisance: 
Kirkwood vs. Cairns, 44 Mo. App. 88; St. Louis vs. Sehnuckenberg, 7 Mo. App. 
536; but not between private persons: Doerbaum vs, Fischer, 1 Mo. App. 149, 151. 
And notice given to a Board of Health of the existence of a nuisance is not notice 
to the owner of the premises: Griffith vs. Lewis, 17 Mo. App. 605, -609. 


A person injured by a nuisance (such as an unauthorized sewer put on his 
premises by a city) has a right to abate it, but must not be guilty of excess: 
Chillicothe vs. Bryan, 103 Mo. App. 409. 

Abatement of a nuisance by a city under its Charter, while it may be a right, 
should not be exercised in such a way as to deprive a party of the use of his 
property nor destroy the same, unless absolutely necessary: Waggoner vs. South 
Gorin, 88 Mo. App. 25; Allison vs. Richmond, 51 Mo. App. 138. 

Equity may enjoin nuisances, but its jurisdiction does not extend to enjoining 
structures or acts which are nuisances merely because made so by ordinance: 
Rice vs. Jefferson, 50 Mo. App. 464 (wooden structure); Warren vs. Cavanaugh, 
33 Mo. App. 102 (quarry). But see Harman vs. St. Louis, 137 Mo. 494, 501 
(frame house inside fire limits). 

In a clear case a plaintiff may enjoin a nuisance before establishing his legal 
rights at law: Harrelson vs. Ry., 151 Mo. 482. The establishment of the nuisance, 
recovery for damages and abatement of the nuisance may all be brought in one 
equity case: Baker VS. McDaniel, 178 Mo. 447, 468. 


. 694 


REVISED CODE OR GENERAL ORDINANCES. (CHAP. 11. 


A city is not liable for not enforcing its ordinances relating to nuisances: 
Harman vs. St. Louis, 137 Mo. 494; Kiley vs. Kansas City, 87 Mo. 103; or for 
not enacting ordinances: Kirkwood vs. Cairns, 44 Mo. App. 88, 96. Nor has it 
any control over nuisances within its limits except as conferred by its Charter 
or the general law and its duties cannot exceed its powers: Martinowsky vs. 
Hannibal, 35 Mo. App. 70, 78. 


A private individual cannot recover because of a sudblic nuisance unless he 
shows special damages: Baker vs. McDaniel, 178 Mo. 447; Glaessner vs. Anheuser- 
Busch, 100 Mo. 508; Givens vs. Van Studiford, 86 Mo. 149, s. c. 72 Mo. 129; s. ec. 4 
Mo. App. 498; Schoen vs. K. C., 65 Mo. App. 134; Schewich vs. Co., 109 Mo. App. 
406, 421 and cases cited. As in case of obstructing the highway if he is damaged 
differently from the public at large: Heer D. G. Co. vs. Citizens’ Ry. Co., 41 Mo. 
App. 63, 72 and cases cited; Gay vs. M. Union Tel. Co., 12 Mo. App. 485; Glasgow 
vs. St. Louis, 15 Mo. App. 112; Longworth vs. Sedevic, 165 Mo. 221; Downing vs. 
Corcoran, 112 Mo. App. 645. 


But in an action for damages because of a private nuisance recovery may be 
had for nominal damages upon mere proof of nuisance without proof of pecuniary 
loss: Berlin vs. Thompson, 61 Mo. App. 234; Baker vs. McDaniel, 178 Mo. 447; 
as for instance where a city discharges sewage into a stream flowing through 
plaintiff’s farm, under conditions making such act a nuisance: Smith vs. 
Sedalia, 182 Mo. 1; see also Frick vs. Kansas City, 117 Mo. App. 489. 


WHAT CONSTITUTES. 


“What is a nuisance” says Judge Marshall in St. Louis vs. Galt supra, “is a 
relative question oftener than it is an abstract fact. Blackstone was wise in 
not attempting an explicit, invariable definition, and in confining 
himself to general terms. He Wsaidvr 2 nuisance ‘is anything that 
worketh hurt, inconvenience or damage.’ [3 Black. Com. 216.] 
The Am. and Eng. Enc. Law (2 Ed.) vol. 21, p. 682, says: ‘A nuisance is liter- 
ally an annoyance, and signifies in law such a use of property or such a course 
of conduct as, irrespective of actual trespass against others or of a malicious 
or actual criminal intent, transgresses the just restrictions upon use or conduct 
which the proximity of other persons or property in civilized communities im- 
poses upon what would otherwise be rightful freedom’. . . . The power to 
prevent nuisances, to provide for the general health, is as broad as the necessity 
for its exercise’: 179 Mo. 19-20. See also Baker vs. McDaniel, 178 Mo. 447. 


For specific ordinances designating what are nuisances and the rulings 
thereon, see the various foot notes to the sections following, in addition to 
the cases in this note cited. Some instances upon the question of nuisance 
follow: 


Smoke is not a nuisance per se, and an ordinance declaring as a nuisance 
the emission of dense black or thick gray smoke into the open air from any 
establishment in St. Louis, etc., irrespective of the quantity or length of time, 
is void: St. Louis vs. Heitzeberg, 141 Mo. 375. But under the recent State act 
authority is now granted to declare by ordinance that smoke is a nuisance; that 
act was upheld in an elaborate opinion discussing smoke as a nuisance in State 
vs. Tower, 185 Mo. 79. See also ordinance provisions R. C., sec. 1619 ef seg. 


Smoke Stacks when nuisances: Whalen vs. Keith, 35 Mo. 87; Bank vs. 
Kennett, 101 Mo. App. 370. 


Dairies are not nuisances fer se: Mc Donough vs. Robbens, 60 Mo. App. 156; St. 
Louis vs. Schnuckenberg, 7 Mo. App. 536. But may be regulated or prohibited by 
ordinance under the St. Louis Charter: Fischer vs. St. Louis, 194 U. S. 361; St. 
Louis vs. Fischer, 167 Mo. 654, also holding that an ordinance requiring the prior 
consent of the Municipal Assembly to the establishment of each specific dairy is 
valid. 


Livery stables are not per se a nuisance but may become so, if so Kept 
as to destroy the comfort of owners and occupants of adjacent premises, and 
are subject to regulations by ordinance under the Charter, but such authority 
cannot be delegated in whole or in part and an ordinance allowing adjoining lot 
owners to determine whether a person shall be permitted to run a livery stable 
in the block, is void: St. Louis vs. Russell, 116 Mo. 248. 


Slaughter houses are governed by similar principles: St. Louis vs. Howard, 
119 Mo. 41; see also same vs. same, 119 Mo. 47. See also St. Louis vs. Kreutz, 12 
Mo. App. 591; Zugg vs. Arnold, 75 Mo. App. 68. 


ART. XII. ] GENERAL NOTE ON NUISANCES. 695 


Pig stys and hog pens maintained in close proximity to a dwelling house may be 
a nuisance fer se for which an action lies: Whipple vs. McIntyre, 69 Mo. App. 397: 
see also St. Louis vs. Stern, 3 Mo. App. 348, 354. “The keeping of swine and 
cattle within designated limits of the city has been declared in a number of 
cases to be within the police power’: Fischer vs. St. Louis, 194 U. S. l. ec. 370. 
See also Smiths vs. McConathy, 11 Mo. 517. 


Stockyards are not per se nuisances but under certain circumstances may 
become such: Bielman vs. Ry., 50 Mo. App. 151. 


Ponds: Holke vs. Herman, 87 Mo. App. 125. See also ordinances hereinafter 
in this article on this point, secs. 616, 638. 


Percolating liquids and seepage: Griffith vs. Lewis, 17 Mo. App. 605. 
Obstruction by dam: Scheurich vs. Co., 109 Mo. App. 406. 


Pollution of streams: Smith vs. Sedalia, 182 Mo. 1; s. c. 152 Mo. 2838; Missouri 
vs. Illinois, 200 U. S. 496 (Chicago Drainage Canal case); Schumacker vs. Shaw- 
han, 93 Mo. App. 573. 


An iron stand-pipe, not being a nuisance per se, the city owning the lot upon 
which a water company builds same, is not liable because the height and purposes 
for which used invite lightning strokes, and because escaping water makes the 
ground soggy and unhealthy: Whitfield vs. Carrollton, 50 Mo. App. 98. 


Fumes from asphalt plant: Sultan vs. Parker-Washington Co., 117 Mo. App. 636. 


Brick kilms are not nuisances er se, but may become a nuisance as dwellings 
are built in the vicinity: State ex rel. vs. Board of Health, 16 Mo. App. 8; 
Powell vs. Brick Co., 104 Mo. App. 713, 720. See also as to when they become 
nuisances: Kirchgraber vs. Lloyd, 59 Mo. App. 59, holding that in such case 
recovery may be had without showing actual pecuniary loss, 


Slops and Filth thrown upon another’s premises and creating a noisome smell 
and stench, constitute a nuisance. Any use of property that corrupts the 
atmosphere with noxious vapors and noisome smells, producing injury to prop- 
erty or health, or impairing the comfortable enjoyment of it in a dwelling is a 
nuisance inviting a recovery: Beckley vs. Sproh, 19 Mo. App. 75; steneh from 
factory: Dauker vs. Co., 102 Mo. App. 723, 730. 


Weeds, when a nuisance: St. Louis vs. Galt, 179 Mo. 8. 


Quarries: Warren vs. Cavanaugh, 33 Mo. App. 102; Schaub vs. Perkinson 
Const. Co., 108 Mo. App. 122. 


Street Railways laid in the streets without authority are nuisances: St. L. 
& M. R. Ry. vs. Kirkwood, 159 Mo. 239, 255. See also Heer D. G. Co. vs. Citizens’ 
Ry. Co., 41 Mo. App. 63. But the cases deciding that the city cannot authorize 
such use of astreet by a steam railway as will destroy its use as a public thorough- 
fare (see infra this note) do not apply to street railways unless they are 
so defectively constructed as to prevent the current use of the highway by the 
public in the ordinary course of travel: Placke vs. U. D. Ry., 140 Mo. 634, 637. 
See also Morie vs. Transit Co., 116 Mo. App. 12, 25. But see as applying the 
same rule to street roads: Nagel vs. Lindell Ry., 167 Mo. 89, 97. 


As to difference between steam roads and street railway roads respecting the 
power of the city, see also State ex rel. vs. Corrigan Street Ry., 85 Mo. 263, 275, 


and authorities cited. 


A street railway although it have authority from the city to operate 
on the streets, must lay its tracks on the street level, or like a steam road, if it 
raises its tracks and interferes with access to the abutting owner’s property 
it is liable for the damages: Farrar vs. Electric Co., 101 Mo. App. 140. 


See also note to Charter, Art. III, sec. 26, clause 2. 


Steam railroads in a street so narrow that its use by the railroad will destroy 
the street as a highway are nuisances and an ordinance permitting it is void 
as permitting an unauthorized obstruction of the highway: Lockwood vs. 
Wabash Ry., 122 Mo. 86; Lumber Co. vs. Ry., 129 Mo. 455; Corby vs. Railroad, 
150 Mo. 457; Dubach vs. Railroad, 89 Mo. 483. See also note and cases to 
Charter, Art. III, sec. 26, clause 2. 


Private steam roads and tracks in the public streets are nuisances which 
the city cannot authorize: Glaessner vs. Anheuser-Busch Brew., 100 Mo. 508. 


696 


REVISED CODE OR GENERAL ORDINANCES. (CHAP 412 


Where a railroad track is built in a street, the escape of soot, smoke and 
smells from the engines, obstruction of the streets by the cars, and the 
jarring of the buildings by the passing trains to the inconvenience, discomfort 
and danger of adjoining proprietors do not necessarily in law constitute a 
nuisance unless the road is negligently operated or built: Randle vs. Pac. Rd., 
65 Mo. 325; see also Thompson vs. Macon, 106 Mo. App. 84. But by Rev. C. sec. 
1860 locomotives using Poplar street are required to be so constructed as to avoid 
offensive or dangerous smoke and cinders. 


The rights of abutting owners as affected by steam railroads built in the 
streets with the consent of the city in front of their property, is fully dis- 
cussed, with a resume of the authorities in this state, in the case of De Geofray 
vs. Merchants’ Bridge Co., 179 Mo. 698. It was finally held that a railroad built 
on the grade would not be a new servitude, but only on the doctrine of 
stare decisis, and that an elevated road was a new servitude not contemplated. 
in the dedication of a street to the public use, and that its interference with the 
rights of the abutting owners must be compensated for by the railroad as a. 
deprivation of their property for public use; and that an action for damages 
is barred in five years after the obstruction becomes permanent and complete. 


Obstruction of a highway, when unauthorized, or if authorized when unreason- 
able, which necessarily impedes or incommodes the use thereof, or renders the 
highway dangerous, is a public nuisance at common law, and every encroachment 
upon any part of the highway whether upon the traveled part thereof or the 
sides, comes within the idea of a nuisance: State vs. Campbell, 80 Mo. App. 110, 
113; Seibert vs. Railroad, 188 Mo. 657, (citing instances of obstructions held to: 
be and others not to be unlawful, such as piers, bridges, telegraph poles, etc.); 
South Highland vs. Kansas City, 100 Mo. App. 518 (holding an obstruction with the 
city’s consent to be revocable by the city); Carthage vs. Light Co., 97 Mo. 20: 
(poles and wires held nuisances); State ex rel. vs. Gravel Road Co., 116 Mo. App. 
175 (unauthorized toll company a nuisance; the court said: “Private structures 
inconsistent with the primary use of the street cannot be licensed, and will 
constitute a nuisance even if the city undertakes to license them’); Loth vs. 
Columbia Theatre Co., 197 Mo. 328, (with review of authorities—in that case a 
balcony over the street, resting on pillars, was the obstruction). 


Maintaining gates at railroad crossing, though the supports be partly in the: 
street, but leaving ample room for travel, is not a nuisance: Seibert vs. Railroad, 
188 Mo. 657. 


Obstruction of Mississippi river as a highway see State ex rel. vs: Long- 
fellow, 169 Mo. 109; also note to Chart. Art. I, sec. 2, p. 296; and for city’s authority 
to control, guide and deflect current, see Chart. Art, III, sec. 26, clause 4. 


Temporary obstruction for a reasonable time, by building material or repair 
material, permissible: See ordinance R. C., sec. $28 and cases there cited in note; 
Hesselbach vs. St. Louis, 179 Mo. 505; Corby vs. Ry., 150 Mo. 1. ec. 469-470; Frick 
vs. Kansas City, 117 Mo. App. 489 (dirt pile on street from excavation of 
sewer). 


The duty and power of the city to provide safety precautions in the streets 
carries with it a discretion not subject to judicial review unless so exercised 
as to amount to a practical destruction of the street for street purposes or with- 
drawal from public use: Seibert vs. Railroad, 188 Mo. 657, 673. 


Obstruction of streets so as to interfere with abutting owner’s special right 
of ingress and egress: Downing vs.Corcoran, 112 Mo. App. 645, 649 and cases 
cited. 


See note and cases on what uses a street may be used for, appended to Charter, 
Art. III, sec. 26, clause 2. 


Celiar doors and coal holes in the highway are not nuisances per se: Fehlhauer 
vs. St. Louis, 178 Mo. 635. Liability of city or owner to injured pedestrians, etc.: 
see Perrigo vs. St. Louis, 185 Mo. 274, and cases cited. 


Buildings or stands in a public street are nuisances: Schopp vs. St. Louis, 
117 Mo. 131 (where spaces in front of business houses were leased by ordinance). 
See supra as to obstructions in the highway. 


Awning on a sidewalk not necessarily a nuisance: Hisey vs. Mexico, 61 Mo. 
App. 248, 253. 


Fire engine house, erected by city, is not fer se a nuisance: Van De Vere: 
vs. Kansas City, 107 Mo. 83, 92. 


ART. XII.] OF NUISANCES. 697 


Bawdy houses are nuisances er se, unless authorized by law and conducted 
in accordance therewith; and even when authorized if the inmates so indecently 
conduct themselves as to render property adjoining undesirable they become 
common nvisances: Givens vs. Van Studdiford, 86 Mo. 149; Ashbrook vs. Dale, 27 
Mo. App. 649. See as to ordinance provisions R. C., secs. 1518, 1520, and notes 
thereto; also Charter, Art. III, sec. 26, clause fifth. 


FIRST—WHAT CONSTITUTE. 


Sec. 584. Sinks, basins, ete., regulation—penalty.— All sinks, 
basins and stationary tubs in every hotel, lodging, tenement, boarding- 
house, or other dwelling in the city shall be provided with proper stench 
traps, directly under each sink, basin or stationary tub, so connected with 
waste or soil pipe, and so constructed, and with the traps so adjusted as to 
prevent the escape therefrom of foul odors and gases to the annoyance, in- 
jury or inconvenience of any person within the city. Any person or per- 
sons violating any of the provisions of this section shall, upon conviction. 
be fined not less than twenty nor more than five hundred dollars, to be re- 
covered for the use of the City of St. Louis, before any court or officer hav- 
ing competent jurisdiction. (M. C., sec. 573.) 


Sec. 585. Stables, ete. —Whenever any stable, stall, shed, or apart- 
ment, or any yard or appurtenance thereof, in which any horse, cattle, cows 
or Swine, or any other animal shall be kept, or any place within the limits 
of the city, in which manure or liquid discharges of such animal shall col- 
lect or accumulate, and which stable, stall, shed or apartment, or any yard 
or appurtenance thereof, is not kept in a cleanly and wholesome condition, 
so that no offensive smell shall be allowed to escape therefrom, it shall be 
deemed a nuisance; provided, that nothing in this section shall be so con- 
strued as to include manure deposits upon any private property for the 
purpose of cultivating the same. (M. C., sec. 574.) 


A livery stable is not a nuisancé per se but may become such if so kept 
as to destroy the comfort of the neighbors or impair the value of their prop- 
erty: St. Louis vs. Russell, 116 Mo. 248, 259 and authorities. See also note at 
heading of this article; and further note to section 625 hereinafter. 


See. 586. Cows or hogs not to be Kept in pens.—No dis- 
tiller, butcher, stock-dealer or other person shall collect or keep any cows 
or hogs in a pen, or otherwise confine any hog or hogs in the city so as to 
create any nuisance. (M. C., sec. 575.) 


Sec. 587. Hogs not to be enclosed over forty-eight hours. 
It shall not be lawful for any person or persons to keep in any inclosure, 
or otherwise, any hogs within the city for a period exceeding forty-eight 
hours, to the annoyance, injury, inconvenience or detriment of any person 
within the city. (M. C., sec. 576.) 


Sec. 588. Hog-pens, stables, ete.—All pig-pens, lots, stables, yards, 
sheds or stys, in which pigs are kept within the limits of the city to the 
annoyance, injury, inconvenience or detriment of any person within the 
city, shall be deemed a nuisance. (M. C., sec. 577.) 


See Chart., Art. III, sec. 26, clause 6. A hog pen or pig sty maintained in 
close proximity .to a dwelling house is a nuisance fer se: Whipple vs. McEntyre, 
69 Mo. App. 397; Smiths vs. McConathy, 11 Mo. 517; St. Louis vs. Stern, 3 Mo. 
App. 54. 


Sec. 589. Filthy water, nauseous liquid waste, etce.—mis- 
demeanor—penalty —Any person, firm or corporation, being the owner, 


698 REVISED CODE OR GENERAL ORDINANCES. '! (CHAP. 11. 


agent, tenant, lessee, occupant or manager of any hotel, boarding house, 
lodging house, dwelling house, tenement house, manufactory, hide house, 
tannery, pork house, market house, laundry, fish house, soap factory, brew- 
ery, distillery, butcher shop, dyeing establishment, soap boiling works, ren- 
dering works, oil factory, bone works, glue factory, sausage house, dairy, 
cow stable, cow lot, cattle pen or livery stable, built or maintained on any 
lot of ground, who shall allow to accumulate or be discharged from such 
places onto or in any public street, alley or private property in the city, 
urine, liquid waste from stables, swill, water from privy vaults, waste 
water from sinks, wash water, or any foul or nauseous liquid waste of any 
kind whatever, shall be deemed guilty of a misdemeanor, and upon convic- 
tion shall be fined not less than ten nor more than one hundred dollars, to 
be recovered for the use of the City of St. Louis, before any court having 
competent jurisdiction. (M. C., sec. 578.) 


Sec. 590. Putrid meat, vegetables, offal, ete.—misdemeanor 
— penalty.— Any person or owners, agent, lessees or occupants of any 
building, yard or lot of ground, who shall allow to accumulate or remain in 
or on said building, yard or lot of ground, any putrid and unsound meat, 
pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, gar- 
bage, offal, rubbish, dirt or filth of any kind, which, by its decay or putre- 
faction, could or would become offensive to human beings or detrimental to 
health, or shall create a nuisance, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than ten nor more than one 
hundred dollars, to be recovered for the use of the City of St. Louis, before 
any court having competent jurisdiction. (M. C., sec. 579.) 


See sec. 542 R. C. See Danker vs. Mnfg. Co., 102 Mo. App. 723, 727. 


Sec. 591. Notice necessary before conviction.—In the trial of 
any person charged with a misdemeanor, as defined by the next two pre- 
ceding sections, it must be shown that said party has been notified by the 
officers of the health department or by a notice served by the city marshal 
to remedy the matter complained of, and that he or she has failed to obey 
such notice. (M. C., sec. 580.) 


Sec. 592. Duty of police.—It shall be the duty of all police officers 
to watch for any violation of the above sections and to report at once all 
the facts to the office of the health commissioner. (M. C., sec. 581.) 


See. 593. Above sections construed .—Nothing in the next four 
preceding sections shall be so construed as to interfere with the duties and 
powers of the board of health and health commissioner in the condemnation | 
and abatement of all matters defined by law as nuisances. (M. C., sec. 
582.) 


Sec. 594. Terms defined. —The words filthy ash heaps, whenever 
used in this article, shall be held to include cinders, coal and everything 
that usually remains after fires that has been mixed with garbage or filth 
of any kind; the word rubbish shall be held to include all loose and de- 
cayed material and dirt-like substances that attends use or decay, or which 
accumulates from building, storing or cleaning; the word garbage shall be 
held to include every accumulation of both animal and vegetable matter, 
liquid or otherwise, that is received from kitchens, and also all putrid and 
unsound meat, beef, pork, fish, decayed or unsound vegetables or fruits; 
the word tenement house shall be taken to mean and include every house, 
building or portion thereof which is rented, leased or hired out to be occu- 
pied as the home or residence of more than two families living independent 
of one another. (M. C., sec. 583.) 


ART. XIL] OF NUISANCES. 699 


See. 595. Who liable. —Whenever any owner or agent of any build- 
ing in the City of St. Louis shall rent, lease or hire out to be occupied any 
building or part thereof as a home or residence of more than two families 
living independent of one another, or a building to different persons for 
stores and offices in said building, giving to each family or person the com- 
mon right to halls, yards, water-closets or privies, or some of them, then 
such owner or agent shall be liable for the condition of said halls, yards, 
water-closets or privies, and said owner or agent may also be made a de- 
fendant in a prosecution for the violation of the provisions of this article, 
and be subject to fine, the same as the occupant of the premises, and any 
prosecution for violation of this article may be maintained against the 


occupants, owner or agent of the premises or either or all of said parties. 
(M. C., sec. 584.) 


Sec. 596. When owner or agent liable.—Owners or agents 
shall only be held responsible under the provisions of this article where 
buildings are rented to different persons, as described in section 595, this 
article. (M. C., sec. 585.) 


Sec. 597. Burning of straw, etec., in vacant lots forbid- 
den.—No person shall burn on any street, alley, vacant lot, or in any 
building in the city, any manure, straw, garbage, or any refuse of any kind 
or description. Any person violating the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall be fined not 
less than ten nor more than one hundred dollars, to be recovered for the 
use of the city, before any court having competent jurisdiction. (M. C., 
sec. 586.) : 


See R. C. sec. 224; also sec. 1242. 


Sec. 598. Dead animals, filth, etc., to be kept from streets. 
——No person shall deposit any dead animal or excrements or filth from 
privies or any hay or straw or dirt or rubbish of any kind or description or 
any filthy water or manure upon any streets, alleys or public or private 
property in this city. Any person found guilty of violating any of the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof be fined not less than five nor more than fifty dollars; 
provided, that nothing in this section shall be so construed as to include 
manure deposited upon any private property for the purpose of cultivating 
the same. (M. C., sec. 587.) 


Dead animals: Burying dead animals in city limits prohibited: R. C. sec. 670; 
carcasses of animals when nuisance R. C. sec. 684. Police to enforce sec. 598: 
see R. C. sec. 1226; also see next section below. Under the constitution of Mis- 
souri an ordinance is void which undertakes to confer upon one person the right 
to remove and convert to his own use the carcasses of all dead animals, not slain 
for food, found within the limits of the city to the exclusion of the right of the 
owners of the same to remove and use them before they become a nuisance be- 
cause of the undoubted property right of the owner which such regulation denies: 
River Rendering Co. vs. Behr, 77 Mo. 91. The carcass of a dead animal permitted 
to be near the dwelling of another may become a nuisance: Ellis vs. K. C. St. 
Temece Be He RR. Co,, 63 Mo..131, 


Sec. 599. Duties of police.—lIt shall be the duty of the police 
within their respective districts to watch for and arrest persons throwing 
or permitting to be thrown from their premises into any street, alley, mar- 
ket place, sidewalk or gutter any filth or other matter prohibited by the 
next preceding section. (M. C., sec. 588.) 


700 REVISED CODE OR GENERAL ORDINANCES. [CH AP. 11. 


Sec. 600. Slaughter houses to be whitewashed.—Every slaugh- 
ter house shall be whitewashed at least once in each month between the 
first of April and the first of November, and any person having charge or 
control thereof who shall fail so to do shall be deemed guilty of a misde- 
meanor. (M. C., sec. 589.) 


Sec. 601. Slaughter houses, etc.— when nuisances. —If any 
owner or owners, occupier or occupiers of any slaughter house, market 
or meat shop, wherein any hogs, beeves or other animals are slaughtered 
or sold, either in said slaughter house or on the premises of said owner or 
owners, occupier or occupiers, shall permit the same to remain unclean, 
the same shall be deemed a nuisance. (M. C., sec. 590.) 


See note to next section. When slaughter houses are nuisances: See note 
to heading of this article; see also note to sec. 625. 


Sec. 602. Slaughter houses—how constructed and drained. 
No butcher or other person shall kill or slaughter any beeves, sheep or 
other animal within the city, unless the house, yard, pen or place where 
such killing shall take place be provided with a tight plank floor, or be 
paved with brick or stone, laid in cement; if paved with brick or stone, then 
the earth below it shall be sufficiently solid to prevent its becoming a recep- 
tacle of filth and offensive matter. The pavement in every case shall be 
made with a descent towards a gutter, which shall pass through the same, 
and leading to a public, district, joint district or private sewer; and no 
slaughtering shall be done in any slaughter house not provided with a 
sewer connection or with suitable tubs to be emptied daily. (M. C., sec. 
591.) 


Slaughter houses—Assembly may provide ‘for the erection, management and 
regulation of slaughter houses” and regulate the slaughtering of animals. 
Charter III, sec. 26, par. 6, and sec. 34. See: St. Louis vs. Howard, 119 Mo. 47; 
Slaughter House cases, 16 Wall. 36. See also R. C. secs. 624 and 625 below as 
to what necessary before slaughter house can be set up. 


Sec. 603. Green, unsalted hides not to be kept over six 
hours.—No person shall keep in this city any green or unsalted hides 
for a period exceeding six hours. (M. C., sec. 592.) 


Sec. 604. Bone, fat or glue business a nuisance — when— 


The business or any part thereof, or any or either of them, of bone-crushing, . 


bone-boiling, bone-grinding, bone-burning, bone-drying, fat burning, fat- 
boiling, fat-rendering, fat drying, gut-cleaning or the making of glue or the 
manufacturing of fertilizing material of any kind or description, from any 
dead animal, or parts thereof, or any boiling of offal, swill, fat or grease of any 
description which shall be done or carried on in an offensive, unclean or 
defective manner in any building, yard, or lot of ground within the limits 
of the city shall be deemed a nuisance. (M. C., sec. 593.) 


See note to Charter, Art. III, sec. 26, clause 6; and 72d. sec. 34. 


Sec. 605.. Soap factories, ete.—when nuisances—If any owner 
or owners, occupier or occupiers of any soap factory, candle factory, oil 
factory, glue factory, hemp factory, varnish factory, pork house, sausage 
house, lard house or place where lead is corroded by manure, shall permit 
the same to remain unclean, or conduct their business to the annoyance 
of the citizens of this city, or any of them, the same shall be deemed a nui- 


sance. (M. C., sec. 594.) 


a 


ART. XII. ] OF NUISANCES. 701 


Sec. 606. Unelean drains, ete., nuisances,—Any unclean, stink- 
ing, foul, defective or filthy drain, ditch, tank or gutter, or any leaking, 
broken slop, garbage or manure boxes or receptacles of like character, 
whenever or wherever found within the limits of the City of St. Louis, shall 
be deemed a nuisance. (M.C., sec. 595.) 


Sec. 607. Garbage, ete., nuisance—when—All vegetable waste, 
litter, garbage, filth or refuse of any nature, kind or description whatso- 
ever found in or upon any private alley, yard or area within the limits of 
the City of St. Louis, shall be deemed a nuisance. (M. C., sec. 596.) 


As to garbage see R. C., secs. 1196 and following. 


Sec. 608. Foul liquids—not to be discharged into ponds 
or publie places — No distiller, butcher, soap boiler, tallow chandler or 
dyer in this city shall himself, or by any other, discharge out of or from 
any still house, slaughter house or work shop, foul or nauseous liquid of 
any kind whatever, into a pond or adjacent ground or into any street or 
public place. (M. C., sec. 597.) 


See. 609. Putrid fat or other matter not to be collected 
or used. —No soap boiler, butcher or tallow chandler, shall keep, collect 
or use or cause to be kept, collected or used, in this city, or within one mile 
thereof, any stale, putrid or stinking fat or grease or other matter, or ren- 
der or fry out the same, unless done in an inoffensive manner. (M. C., 
sec. 598.) 


Sec. 610. Rags and refuse —when nuisance.—Whenever there 
shall be found in or upon any lot or piece of ground within the limits of 
the city, any dirt gathered in cleaning yards, waste of mills or factories, or 
any rags, damaged merchandise, wet, broken or leaking barrels, casks or 
boxes, or any materials which are offensive or tend by decay to become 
putrid or to render the atmosphere impure or unwholesome, the same shall 
be deemed a nuisance. (M. C., sec. 599.) 


See. 611. Sewers—to be free from nuisances.—No_ person 
shall in this city deposit or throw into any sewer, sewer inlet or privy vault 
which has a sewer connection, any article whatever that may cause the 
sewer to choke up or otherwise create a nuisance. (M. C., sec. 600.) 


Action for damages: Thomas vs. Cannery Co., 68 Mo. App. 350. See also 
Rev. Code, secs. 2318 and 2320, as to obstructing sewers forbidden. 


Sec. 612. Tenement houses, etc., when nuisances—Any tene- 
ment, boarding house, lodging house or any building used for such pur- 
poses, or any part thereof, within the limits of the city, which shall be 
leased, let or rented, to be occupied by any person or persons, in which to 
dwell or lodge, and which tenement house, boarding house, lodging house 
or building, or any part thereof, is not sufficiently lighted or ventilated, 
and provided with water, and kept in a cleanly and sanitary condition, or 
which, any part whereof the strength, ventilation, light or sewerage is in 
any manner, shape or form, dangerous, insufficient or prejudicial to life or 
health, or which shall not be provided with adequate and properly con- 
structed privies or water-closets, shall be deemed a nuisance. (M. C.. see. 


601.) 


702 REVISED CODE OR GENERAL ORDINANCES. LOH APHIS: 


Sec. 618. Tenement houses, condition of construction.—Every 
tenement house, boarding house, lodging house or building hereafter erected 
or remodeled for such purposes within the limits of the city, if intended or 
allowed to contain more than twenty boarders or residents, shall conform 
to the following conditions, namely: First, adequate sewerage and drain- 
age of the most approved construction; second, adequate and wholesome 
ventilation of every room in which any person is to sleep or dwell; third, 
adequate chimneys or flues running through every floor, and an open fire- 
place or grate or stove properly connected with said chimneys or flues to 
each family and set of apartments; fourth, adequate and well ventilated 
and sewered or vaulted privies or water-closets, so situated and easily pre- 
served in a wholesome condition as not to become offensive to the inmates 
of any apartments or to any persons; fifth, adequate halls, passages and 
staircases and proper conveniences and receptacles for ashes and rubbish 
for the use of all the contemplated occupants; sixth, a cellar or an open space 
beneath the lowest wooden floor and story, of not less than two feet from 
the lowest part of the beams, and in which space or cellar no water shall 
stand or can accumulate; seventh, water adequately and reasonably con- 
venient for the use of all the occupants thereof; eighth, no appurtenances 
or anything therewith connected that shall peril life or health; ninth, the 
usual and all reasonable precautions and provisions in every other. particu- 
lar, and adequate space for all occupants, so that the occupancy of said 
building or any apartment shall not be dangerous to life or health. Any 
and all tenement houses, boarding houses, lodging houses, or buildings em- 
braced in this section within the limits of the city, which shall not con- 
form to the provisions of this section, shall be deemed a nuisance. (M. C., 
sec. 602.) 


See. 614. Regulations relating to garbage and swill carts, 
etc.—penalty. — Every cart, wagon or vehicle used to transport manure, 
garbage, swill, ashes, cinders or other loose material, in any of the streets 
in this city, shall be fitted with a good and substantial tight box thereon, 
the sides of which shall not be less than twenty-four inches high, and the 
tail board twenty-four inches high, so that no portion of such manure or 
other loose material shall be scattered or thrown into the streets; and all 
carts, wagons or other vehicles, used for hauling garbage, swill, or other 
offensive matter, shall have the box thereon closely covered with sufficient 
covering, or so closely fitted as to prevent the escape or flying about of any 
of the contents or effluvia therefrom. Every contractor or other person 
using any cart, wagon or other vehicle, or causing any cart, wagon or other 
vehicle to be used for the purpose herein named, which does not comply 
with the provisions of this section, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than twenty dollars nor 
more than two hundred dollars. (M. C., sec. 603.) 


See R. C. sec. 688. 


Sec. 615. Water leaking from defective hydrants, ete.—a 
nuisance.— Whenever in any cellar, or basement part thereof, of any house 
or building within the limits of the city, there may be found water oc- 
casioned. by leakage from defective hydrants, water pipes, sewer pipes, cis- 
terns, or wells, gutters, drains, rain spouts or seepage from the surround- 
ing earth, or the walls of any cellar or basement shall be found to be damp 
or moist from any of the causes named in this section, then such water, 
leakage, seepage or moisture shall be deemed a nuisance. (M. C., sec. 604.) 


Sec. 616. Lots containing offensive water—nuisances.—Any 
lot or piece of ground within the limits of the city, on which there is a pond 


ART. XII. ] OF NUISANCES. 703 


or pool of unwholesome, impure or offensive water, shall be deemed a nui- 
sance. (M. C., sec. 605.) 


Ponds are not nuisances per se: Holke vs. Herman, 87 Mo. App. 125. 


Sec. 617. Filthy water, ete., when nuisance.—Whenever from 
any distillery, brewery, tannery, hide house, pork house, laundry, fish house, 
soap factory or any yard, dwelling, store or factory, or.any yard or inclos- 
ure of any kind whatsoever within the limits of the city, there is discharged 
into or on any street, avenue, wharf, alley, sidewalk, gutter or any vacant 
lot, any filthy or offensive water, smell or liquid waste or refuse of any 
kind of an offensive character which is offensive or which is liable to become 
so, the same shall be deemed a nuisance. (M. C., sec. 606.) 


Distillery may be nuisance: Smiths VS. McConathy, 11 Mo. 517. 


Sec. 618. Wells and cisterns—when nuisances.—Any well or 
cistern on any property within the limits of the city, whenever a chemical 
analysis shows that the water of said well or cistern is of an impure or un- 
wholesome nature, shall be deemed a nuisance. (M. C., sec. 607.) 

Reopening wells see R. C. sec. 449. The city has authority to abolish wells 
in the streets and an ordinance to that effect operates as a revocation of previous 


license to construct same, and an adjoining owner who had constructed them 
is not entitled to compensation: Ferrenbach vs. Turner, 86 Mo. 416. 


Sec. 619. Weeds prohibited — misdemeanor, penalty. — Any 
owner, lessee or occupant, or any agent, servant, representative or employe 
of any such owner, lessee or occupant, having control of any lot of ground 
or any part of any lot, who shall allow or maintain on any such lot any 
growth of weeds to a height of over one foot, shall be deemed guilty of a 
misdemeanor, and upon conviction shall be fined not less than ten nor more 
than one hundred dollars, to be recovered for the use of the City of St. 
Louis, before any court having competent jurisdiction. (M. C., sec. 608.) 

This ordinance is within the police power of the city to pass and is not 


violative of either the federal or state constitution, and is authorized by the 
Charter: St. Louis vs. Galt, 179 Mo. 8. 


Sec. 620. Lots and blocks only included.—Nothing herein re- 
lating to weeds shall be construed as applying to any portion of the city 
not subdivided into blocks, or to any fields used for farming or gardening 
purposes. (M. C., sec. 609.) 


See. 621. How eut and disposed of.—Weeds when cut down 
must be removed from the lot and disposed of in such manner as not to cre- 
ate a nuisance. (M. C., sec. 610.) 


Sec. 622. Duty of police.—lIt shall be the duty of all police officers 
to watch for any violation of the next three preceding sections and to report 
at once all the facts to the office of the health commissioner. (M. C., sec. 
611.) 


Sec. 623. Weeds defined —The word “weeds” as used herein shall 
be held to include all rank vegetable growth which exhale unpleasant and 
noxious odors, and also high and rank vegetable growth that may conceal 
filthy deposits. (M. C., sec. 612.) 


The word “weeds” must be understood to mean what are commonly known 
to mankind and lexicographers as weeds; the ordinance does not purport to give 
an exclusive definition of ‘‘weeds’” but on the contrary only attempts to include 
certain things which might possibly not be otherwise commonly understood as 
embraced therein: St. Louis vs. Galt, 179 Mo. 8, 13. 


704 REVISED CODE OR GENERAL ORDINANCES. [CRAPS Li. 


Sec. 624. Duty of street commissioner to remove weeds 
when.—lIt shall be the duty of the street commissioner whenever he shall 
be notified by the health commissioner of the existence of weeds on the 
public streets and alleys in the city to cause the same to be removed. (M. 
C., sec. 613.) 


Sec. 625. Permission necessary to open stone quarry, and 
to build soap factory, kiln, slaughter house, livery stable, 
automobile shop, etc., ete.—Hereafter no stone quarry shall be opened, 
or brick kiln built, or soap factory, or slaughter house, or garbage works, 
or bone factory, or rendering factory, or livery stable, or boarding stable, 
or sales stable, or any other stable having accommodation for ten or more 
animals, or structure for the storing, caring for or repairing of automo- 
biles, motor cars or other vehicles using oil, electricity or steam as motive 
power, or vitriol factory, or tannery, or candle works, shall be erected, 
built or established on any lot of ground in the city without permission so 
to do having first been obtained from the Municipal Assembly by proper 
ordinance; nor shall any house, shed or structure be used, altered, changed, 
removed or repaired so as to establish, conduct, operate, carry on or main- 
tain any such business or occupation therein without similar authority. 
Any person, company of persons, firm or corporation violating any of the 
provisions of this section shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined not less than one hundred dollars 
nor more than five hundred dollars for such offense. (Ord. 22182, amend- 
ing M. C. 614.) 


For Charter authority see Chart., Art. III, sec. 26, clause sixth, and sec. 34. 


Ord. 22182 amended secs. 614 and 615 of the M. C. and repealed secs. 155, 1586 
and 157 of ord. 22022 (the building code) with which they conflicted, at least so 
far as provisions for livery stables were concerned. 


The right of the city to require the consent of the Municipal Assembly to 
the establishment of a business of this kind (in that case a dairy) was upheld 
in the case of Fischer vs. St. Louis, 194 U. S. 361, affirming St. Louis vs. Fischer, 
167 Mo. 654. 


Livery stables. The former ordinance requiring the written consent of one- 
half the owners of the block to establishment of a livery stable was held void 
as a delegation of legislative power, in St. Louis vs. Russell, 116 Mo. 248, (hold- 
ing also that a livery stable is not per se a nuisance). 


Brick kiln. Authority by ordinance to operate a brick kiln is no defense 
where the brick kiln is a nuisance, and the fact that a brick kiln was established 
before there were any dwelling houses in its vicinity is immaterial: State ex 
rel. vs. Board of Health, 16 Mo. App. 8; Powell vs. Brick Co., 104 Mo. App. 713. 
Kiln cannot be located within 300 feet of residence without consent of owner and 
occupant: Chart., Art. III, sec. 34; an ordinance to that effect upheld as reason- 
able: see below, in paragraph on stone quarries. A prosecution for violation of 
a city ordinance in erecting a brick kiln within three hundred feet of a resi- 
dence does not involve the question of a nuisance and does not make that 
question +ves adjudicata as to the city: State ex. rel. vs. Board of Health, 16 Mo. 
App. 8 A brick kiln is not a nuisance ger se, but it is a nuisance in fact 
when vapors and smoke arising therefrom are productive of material discomfort 
to the occupants of premises in close proximity thereto, but it is not essential 
that pecuniary loss should result; Kirchgraber vs. Lloyd, 59 Mo., App. 59; 
Powell vs. Brick Co:., 104 Mo: App. 713. 


Slaughter house. One who purchases a house built for and once used as 
a slaughter house, but which has not been so used for four years, repairs it, 
and begins the business of slaughtering there, “opens a slaughter house” 
within the meaning of the ordinance. A house. in which people reside as a 
dwelling house is a residence within the meaning of ordinance provisions: St. 
Louis vs. Kreutz, 12 Mo. App. 591. See also as to right of city to regulate 
slaughter houses: St. Louis vs. Howard, 119 Mo. 41; do. vs do., 119 Mo. 47; 
Charter, Art. III, sec. 26, clause 6; 724., Art. III, sec. 34. 


ART. NIT. | OF NUISANCES. 705 


sole ground that it is prohibited by ordinance: Warren vs. Cavanaugh, 33 Mo.App. 
sole ground that is prohibited by ordinance: Warren vs. Cavanagh, 33 Mo. App. 
102. See as to precautions necessary for blasting R. C. sec. 1563. See Charter 
provisions referred to in above note, (Art. III, sec. 34) providing that no stone 
quarry, Kiln, ete., be operated within 300 feet of a residence without the consent 
of the owner and occupant: an ordinance so providing was held to be valid in 
St. Louis vs. Frein, 9 Mo. App. 590 (memo. opinion). 


Sec. 626. Same — buildings—exceptions.—It shall not be law- 
ful for any person, company of persons, firm or corporation to work a 
stone quarry, or to operate or conduct or carry on a brick kiln, or soap 
factory, or a slaughter house, or a garbage w orks, or a bone factory, or a 
rendering factory, | or a livery stable, or a ‘boarding stable, or a sales stable, 
or a stable having accommodation for ten or more animals, or the business 
of storing, caring for or repairing for hire automobiles, motor cars or other 
vehicles using oil, steam or electricity as a motive power, or a vitriol fac- 
tory, or a tannery, or candle works, in any building now existing, in the 
process of construction, or which may hereafter be erected, or on any lot 
of ground in the city, without permission so to do having first been obtained 
from the Municipal Assembly by a proper ordinance; nor shall any house, 
shed or structure now existing, in the process of construction or which 
may hereafter be erected, be used, altered, changed, removed or repaired so 
as to establish, conduct, carry on, operate or maintain any such business or 
occupation therein without similar authority. Any person, company of 
persons, firm or corporation violating the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall be 
fined not less than one hundred dollars nor more than five hundred dollars 
for such offense; provided, however, that nothing in this section shall be 
deemed to apply to any person, company of persons, firm or corporation, in 
the carrying on, maintenance or conducting of such business or occupation 
in the premises lawfully occupied and used ‘by them for such use or occupa- 
tion at the time of the passage of this ordinance. (Ord. 22182, amend. 
M. C., sec. 615.) 


Ord. 22182 amended secs. 614 and 615 of the M. C. and repealed secs. 155, 
156 and 157 of ord. 22022 (Building Code) which was in conflict herewith. 


License for livery stable see R. C. sec. 2256. 


Sec. 627. Manufacture of injurious articles prohibited.—It 
shall not be lawful for any person, corporation or firm to erect any build- 
ing for the purpose of manufacturing or producing any article, or to manu- 
facture or produce any article, the manufacture of which is injurious to 
the public health, or which, in the manufacture thereof, emits an offensive 
odor to the extent of creating a nuisance to the surrounding inhabitants, 
without first having obtained the permission so to do from the Municipal 
Assembly by proper ordinance. (M. C., sec. 616.) 


Sec. 628. Nuisance in general, defined—Every act or thing done 
or made, permitted, allowed or continued on any property, public or private, 
by any person or corporation, their agents or servants, to the damage or 
injury of any of the inhabitants of this city and not herein before speci- 
fied, shall be deemed a nuisance. (M. C., sec. 617.) 


The state statutes after providing certain things to be nuisances (R. S. 
1899, sees. 2235-2238) continues (sec. 2239) “every person who shall erect or 
maintain any public nuisance . . . to the annoyance or injury of any 
portion of the inhabitants of this state shall be deemed guilty of a misdemeanor.” 
The state law as to nuisances does not undertake to cover all cases of public 
nuisances, and as to those not provided for by statute the common law remains 
in force: State vs. Ball, 59 Mo. 321. See also note introductory to this article 
as to what is or is not a nuisance, 


706 REVISED CODE OR GENERAL ORDINANCES. LOEPAP Si, 


Sec. 629. Definitions of terms used in article.—The word 
“tenement-house,” where it occurs in this article, shall be taken to mean 
and include every house, building or portion thereof which is rented, leased, 
let or hired out to be occupied or is occupied as the house, home or resi- 
dence of more than three families, living independently of one another and 
doing their cooking upon the premises, or by more than two families upon a 
floor, so living and cooking, but having a common right in the halls, stair- 
ways, yards, water-closets, or privies, or some of them. A “lodging-house” 
shall be taken to mean and include any house or building or portion thereof 
in which persons are harbored or received or lodged for hire for a single 
night or for less than one week at a time, or any part of which is let to any 
person to sleep in for any term less than one week. A “cellar” shall be 
taken to mean and include every basement or lower story of any building or 
house of which one-half or more of the height from the floor to the ceiling 
is below the level of the street adjoining. The phrase “boarding-house” 
shall be held to include every building and every story and portion thereof 
which is at any time or usually used, leased or occupied, or intended so to 
be, by any number of persons exceeding ten, as boarders thereat. The word 
“rubbish” shall be held to include all the loose and decayed material and 
dirt-like substances that attends use or decay, or which accumulate from 
building, storing or cleaning. The word “garbage” shall be held to include 
every accumulation of both animal and vegetable matter, liquid or other- 
wise, that attends the preparation, decay and dealing in or storage of meats, 
fish, fowls, birds or vegetables. (M. C., sec. 618.) 


Sec. 630. Penalty for violating provisions of article.—Any 
person violating or failing to comply with any of the provisions of this 
article and to which no special penalty is attached, shall be deemeé 
guilty of a misdemeanor, and on conviction thereof shall be fined not less 
than twenty dollars nor more than two hundred dollars. (M. C., sec. 619.) 


SECOND—ABATEMENT OF NUISANCES.* 


*See Charter, Art. XII, sec. 6. 


Sec. 631. Nuisances — duty of police — It is made the duty of 
all police officers to observe the sanitary condition of their districts, and, 
through the chief of police, to report to the health commissioner promptly 
any nuisance or accumulated filth found to exist in any portion of the city. 
(M. C., sec. 620.) 


See Charter, Art. XII, sec. 4, making same provision. 


Sec. 632. Power of police and agents of board to enter prem- 
ises. —-The police and such officers and agents as may be designated or 
employed by the board of health for that purpose are authorized to enter 
and examine all tenements, cellars and other places within the city. If 
they shall find any nuisance whatever they shall report the same immedi- 
ately to the board of health, unless such owner or occupant immediately 
cause the same to be removed. (M. C., sec. 621.) 


Sec. 633. Epidemics —proclamation in time of.—Whenever it 
shall come to the knowledge of the Mayor that any malignant, infectious 
or contagious disease or epidemic is prevalent in the city or will probably 
become so, he may make proclamation of such fact to the inhabitants; and 
after such proclamation, the health commissioner, with the approval of the 
board of health, shall have power by order to take all steps and use all 
measures necessary to avoid, suppress or mitigate such disease, without the 


a a 


ART. XII.] OF NUISANCES. 707 


intervention of the assembly, in the same manner and as effectually as the 
assembly could itself do by ordinance, and may employ such officers, agents, 
servants and assistants, establish temporary hospitals, provide necessary 
furniture, medical attendance and nurses as, in the opinion of the said 
commissioner, with the advice and counsel of said board of health, may be 
necessary and advisable; provided, that the amount expended shall not ex- 
ceed the appropriation for the health department. The health commissioner 
shall have and exercise such power until he shall declare, or until the Mayor 
shall proclaim, that the epidemic or disease, in view of which the proclama- 
tion was made, is no longer imminent or prevalent, whereupon the said 
power shall cease. (M. C., sec. 622.) 


This is a reiteration of the Charter provision: Art. XII, sec. 8. 


Sec. 684. Decayed or dangerous articles to be destroyed. 
—Whenever any bedding, clothing, putrid or unsound meat, beef, pork, 
fish, hides, or skins of any kind, decayed or unsound vegetables or fruit, 
or any other article found within the city, which, in the opinion of the 
health commissioner, shall be dangerous to the health of the inhabitants 
thereof, he shall have the power and authority to cause to be destroyed 
any and all such articles above named in such manner as he may direct, 
and he may employ such persons as he may deem proper to remove or de- 
stroy such articles, and every person who shall in any manner resist or 
hinder any person so employed shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined not less than five nor more than one 
hundred dollars, and all such fines, when collected, shall be paid into the 
city treasury. (M. C., sec. 623.) 


Sec. 6385. Bedding, ete., dangerous to health, to be val- 
ued and paid for. — Whenever any bedding, clothing or household 
goods are found within the city, which, in’the opinion of the health com- 
missioner, shall be dangerous to the health of the inhabitants thereof, and 
which, in his opinion, should be removed or destroyed, he shall cause said 
articles to be appraised and make out a youcher in favor of the owner or 
owners of such property, and all such accounts, when signed by the health 
commissioner, shall be examined, approved and signed by a majority of the 
board.of health and countersigned by the president or health commissioner 
and attested by the clerk, whereupon the auditor shall draw his warrant 
upon the treasurer therefor. (M. C., sec. 624.) | 


Sec. 636. Health commissioner—powers to abate nuisance. 
—KEvery nuisance hereinbefore mentioned, declared or defined, is hereby 
prohibited, and whenever the board of health shall have officially declared 
of record that any nuisance exists within the limits of the city, as defined 
by the provisions of this article, the health commissioner shall have the 
power to order said nuisance to be abated or removed, either by filling up, 
draining, cleaning, purifying, discontinuing or removing the same, as the 
case may be. (M. C., sec. 625.) 

See St. Louis vs. Flynn, 128 Mo. 413, 422. 


See. 637. Notice to abate — hearing — penalty for failure to 
obey order of commissioner.— Whenever any owner or owners, agent 
or agents, occupants or tenants, having charge of, doing business in, or 
occupying any house, store, building of any kind, or description, or having 
charge or control of, or doing business in or on any vacant lot, yard or 
piece of ground within the limits of the city, shall be served with a notice 


708 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11 


from the health commissioner, ordering any nuisance to be abated or re 
moved, either by filling up, draining, cleaning, purifying, discontinuing or 
removing the same, as the case may be, which notice shall be served upon 
the owner or owners, agent or agents, occupants or tenants having charge 
of, doing business in, or occupying any house, store, building of any kind 
or description, or having charge of any house, store, building of any kind 
or description, or any lot of ground where such nuisance exists, in the same 
manner as writs of summons are required to be served in civil cases, and 
whenever any owner or owners, agent or agents, occupant or tenant, who 
shall have been so served with such notice from said health commissioner, 
shall fail within the time indicated in such notice, which shall be discre- 
tionary with said health commissioner, to comply with such order, or fail 
to show good cause to said health Commissioner why he cannot or ought 
not to comply with such order, for which purpose he shall be entitled to be 
heard before said health commissioner and board of health, if he so re- 
quests it, within five days of the receipt or service of the order from said 
health commissioner, then he, she or they failing or refusing to comply 
with said order shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than five dollars nor more than five hun- 
dred dollars, to be recovered for the use of the city, before any court or offi- 
cer having competent jurisdiction; provided, however, that on the trial of 
the party charged with the commission of such misdemeanor, he shall have 
the right in his defense to contest the existence of the facts alleged to be 
a nuisance. (M. C., sec. 626.) 


Charter, Art. XII, sec. 6. See zmfrva sections 642 and following: and see 
St. Louis vs. Flynn, 128 Mo. 413. 


See. 688. Streets and alleys—commissioner to report nui- 
sances on.— Whenever, in the opinion of the health Commissioner, preser- 
vation of the health of the inhabitants of the city, or any portion thereof, 
requires steps to be taken to remove any causes that in his opinion are 
dangerous to the lives of citizens of St. Louis, or where, in his opinion, 
certain public work necessary to be done in a sanitary point of view, or 
where there exist any ponds on the dedicated streets or alleys of the city, 
which ponds, in the opinion of the health commissioner, are nuisances and 
detrimental to the public health, it shall be his duty to make a report to 
the board of health, setting forth all the facts in the case, which facts shall 
specify what matters, in his opinion, are deleterious to the public health, 
in what locality of the city they are situated, their character and cause, 
and the manner, in his opinion, in which they should be removed, and, 
when possible, the estimated cost of work proposed to be done. (M. C., 
sec. 627.) 


Sec. 6389. Action of board on report.—The board of health 
whenever the health commissioner shall make any report to them, as pro- 
vided for in section 638, shall make a careful inquiry into the same; and if, 
in the opinion of the board of health, the sanitary measures recommended 
by the health commissioner are necessary and proper to be carried out, 
they shall so officially declare the same of record, and shall direct the work 
to be done in the manner as provided for hereafter in this article. (M. C., 
sec. 628.) 


Sec. 640. Board to direct work to be done — when. 
Whenever any sanitary measures are to be carried out or work to be done 
as provided for in this article, the board of health shall by order direct 
the president of the board of public improvements to cause said work to be 


ART. XII.] OF NUISANCES. 709 


done in the manner and by means as shall be indicated by the board of 
health; and the cost of said work, when fully completed, shall be certified 
to by the president of the board of public improvements, and shall be ap- 
proved and signed by a majority of the board of health, and when so signed 
and approved, that portion for which the city is liable, shall be paid out of 
the fund set apart for the abatement of nuisances on public property and 
for specific sanitary measures, and the balance by special assessments as 
provided in this article. (M. C., sec. 629.) 


Sec. 641. When opinion of president of board of public 
improvements shall control.—If, in the opinion of the president 
board of public improvements, the work to be done, or the method proposed 
by the board of health for such work, are not judicious or practicable, he 
shall so notify the board of health, giving his reasons therefor and his rec- 
ommendations in the premises; and if, in the opinion of the board of 
health, such reasons and opinions of the president of the board of public 
improvements are reasonable and proper, they may order the work to be 
done in the manner indicated by the president of the board of public im- 
provements. (M. C., sec. 630.) 


See. 642. Notice to abate nuisances.—It shall be the duty of 
the health commissioner, whenever he has any knowledge, or when any 
complaint has been made to said health commissioner by any citizen, that 
any business, trade or profession carried on in the city, by any person or 
persons or corporations, agents or managers, is detrimental to public 
health, or whenever any nuisance or filth exists on the property of any per 
son or corporation, to notify such person or persons or corporation, agent 
or manager to show cause before the board of health at a time and place to 
be specified in such notice, why the same should not be abated, discontinued 
or removed, which notice of the health commissioner shall not be valid un- 
less served on the party to whom it is directed at least five days before the 
time specified in such notice (except in case of epidemic or pestilence, 
when the health commissioner may, by general order, direct a shorter time). 
(M. C., sec. 631.) é 


See. 643. Manner of service.—Such notice shall be served upon said 
person, persons, corporation, agent or manager in the same manner as writs 
of summons are required to be served in civil cases. (M. C., sec. 632.) 


See St. Louis vs. Flynn, 128 Mo. 413, as to service of notice, etc. 


Sec. 644. Notice by publication.—If such notice cannot be given 
for the reason that the owner, corporation, manager, agent or other persons 
named in such notice, cannot be found in the city, of which fact the return 
upon such notice of the officer or person serving the same shall be conclu- 
sive evidence, then the health commissioner shall cause such notice to be 
published in the newspapers doing the city printing, for two consecutive 
days (Sundays excepted). (M. C., sec. 633.) . ) 


Sec. 645. Appearance—aftidavit.—At the time fixed in such notice 
for the parties to appear before the board of health, said parties may ap- 
pear in person, by attorney, or cause may be shown by affidavit. (M. C., 
sec, 634.) 


Sec. 646. Order to abate.—After hearing all the facts in the 
case, if, in the opinion of the board of health, no good and sufficient cause 


710 REVISED CODE OR GENERAL ORDINANCES. [CHAP? LE 


be shown why said nuisance, business, trade or profession should not be 
abated, discontinued or removed, said board shall direct the health com- 
missioner to order the parties to abate, discontinue or remove the same 
within such time as the health commissioner may deem reasonable. (M. C., 
sec. 635.) 


t 


See. 647. Penalty for refusal to obey order to abate.— 
Any person or persons failing or refusing to obey the order or orders of 
the health commissioner relating to the abatement of nuisances shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 
not less than twenty nor more than five hundred dollars; and such person 
or persons shall be subject to like fines for each and every day he, she or 
they shall continue such nuisance, business, trade or profession after the 
expiration of the time specified in the order of the health commissioner 
for the abatement, removal or discontinuance of the same. The fines 
mentioned in this article shall be collected as other fines and paid into the 
city treasury. (M. C., sec. 636.) 


Sec. 648. Abatement of pond nuisance—notice, hearing, ete. 
—Whenever one or more citizens in the City of St. Louis living in the im- 
mediate vicinity of any pond or ponds of putrid or stagnant water shall 
notify the health commissioner that said pond or ponds are a nuisance 
by being dangerous to life, or detrimental to the health of the neighbor- 
hood in which they are situated, or when the health commissioner shall 
be notified by the police, or by some sanitary officer, of the existence of 
any pond of unwholesome or impure, or offensive water, he shall notify 
the owner, agent, lessee or occupant of the ground upon which said 
pond is situated, to show good cause before the board of health, at the 
time and place to be specified in said notice, why said pond or’ ponds 
should not be abated by filling or draining, and the cause of said nuisance 
removed, which notice of the health commissioner shall not be valid unless 
served at least five days before the time specified in such notice, and such 
notice shall be served in the same manner as writs of summons are re- 
quired to be served,in civil cases. If, after careful inquiry into the 
same, the said board of health shall decide that said pond or ponds are 
a nuisance and dangerous to life, detrimental or injurious to the health 
of the neighborhood, said board shall condemn the same as a nuisance, 
and the health commissioner shall order the abatement of the same, either 
- by filling or draining. If the owner, agent, lessee or occupant to whom 
such order has been issued shall refuse or neglect to comply with the same 
within the time indicated in said notice, and fail to abate said nuisance, 
then said owner, agent, lessee or occupant shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof shall be fined not less than one hun- 
dred nor more than five hundred dollars; and each and every day after the 
time specified in said notice of the health commissioner wherein said pond 
nuisance exists shall constitute a separate and distinct offense. (M. C., 
sec. 637.) 


Sec. 649. Proceedings in case of nuisance—notice to board. 
—Whenever, in the opinion of the health commissioner, a nuisance by 
reason of accumulated filth or from any cause exists within the corporate 
limits of the city, it shall be the duty of said health commissioner to lay 
such facts before the board of health. (M. C., sec. 688.) 


— See. 650. Action of board of health. —Upon the presentation 
of such facts it shall be the duty of the board of health to consider the same, 
and if, in the opinion of a majority of the members thereof, a nuisance 


ART. XII.] OF NUISANCES. TAL 


exists, as reported by the health commissioner, such fact shall be officially 
so declared of record by said board. (M. C., sec. 639.) 


Sec. 651. Notice to owner, ete., to abate. In order to 
effect the abatement of such nuisance or removal of accumulated filth the 
health commissioner shall at once notify the owner or owners thereof or 
his or their agent or the lessee or occupant of the premises upon which such 
nuisance or accumulated filth exists, to abate or remove the same, either 
by filling up, draining, cleaning, purifying or removing the same, as the 
case may be. (M. C., sec. 640.) 


Sec. 652. Manner of service.—Said notice shall be served on the 
owner or agent or occupant having charge of said property, in the same 
manner as writs of Summons are required to be served in civil cases. (M. 
C., sec. 641.) 


Sec. 653. Penalty for failure to abate — hearing — special 
tax-bill. —If the person who shall have been so served with such notice 
shall fail, within the time indicated in such notice, which shall be dis- 
cretionary with said health commissioner, to comply with such order, or 
fail to show good cause to said health commissioner why he cannot or 
ought not to comply with such order, for which purpose he shall be entitled 
to be heard before said health commissioner and board of health, if he se 
request it, he shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not exceeding five hundred dollars; and the nuisance 
shall be abated and special tax-bills rendered against the property in the 
Same manner as against non-residents, except that notice by advertisement 
shall not be necessary. (M. C., sec. 642.) 


Sec. 654. Notice by publication.—If such service cannot be made 
for the reason that the owner, agent or other person having charge of the 
property on which the nuisance may exist cannot be found in the city, of 
which fact a return upon such notice of the officer serving the same shall 
be conclusive evidence, then the health commissioner shall cause such no- 
tice to be published in the newspapers doing the city printing for two 
consecutive days (Sunday excepted). (M. C., sec. 6435.) 


Sec. 655. Proceedings where owner fails to abate — cost 
as special tax.—lIf within two days after the service of such notice, or 
after its publication, as aforesaid, such nuisance shall not be abated or 
the order observed by the owner, agent or occupant, then the health com: 
missioner may order the same to be done as hereinafter directed; and the 
cost of the same when fully completed, shall be ascertained under the di- 
rection of the president of the board of public improvements in the same 
manner as special tax bills for street improvements; and the amount 
thereof shall be assessed as a special tax against the property so improved, 
or upon which such work has been done, in the name of the owners thereof, 
of which the books of the assessor shall be proof, and the certified bills 
of such assessment shall describe therein the property upon which the work 
was done. (M. C., sec. 644.) 


The city cannot exercise the power to abate nuisances where the owner 
fails, and enforce a reimbursement of the expenses by a lien on the lot, where 
the nuisance was created by the city itself. The city cannot create a nuisance 
on defendant’s lot and then require him to abate it at his own charge: Hannibal 
vs. Richards, 35 Mo. App. 15; Hannibal vs. Richards, 82 Mo. 336. 


712 REVISED CODE OR GENERAL ORDINANCES. [CHAP S41: 


Sec. 656. Special tax-bills a lien.—wSaid bills shall be recorded 
and shall be collected and paid as provided in the charter in relation to the 
collection of other special tax bills, and shall be a lien on said. property. 
(M. C., sec. 645.) . - 


Sec. 657. Record to be kept by health commissioner.—It 
shall be the duty of the health commissioner to keep a record of his pro- 
ceedings in all cases of abatement of nuisances ordered by him. (M. C., 
sec. 646.) 


See. 658. Apportionment of cost.—The cost of abating nuisances 
on private property shall be levied and assessed on each lot in proportion 
to the amount of the work done and material used in abating the nuisance 
located. on such lot. (M. C., sec. 647.) 


See. 659. Same—pond nuisance abated by drainage.—When 
a pond nuisance is abated by drainage, the total cost of the work and ma- 
terial used for the purpose of draining, shall be levied and assessed on all 
lots which were in whole or in part covered by the water at the time of 
the condemnation of said pond by the board of health; each lot to be 
assessed proportionately to the area of such lot covered by water at the 
time of its condemnation by the board of health, and such drainage may 
be conducted to a public, joint district or district sewer, or natural 
waterway. (M. C., sec. 648.) 


Sec. 660. Same—cost where pond nuisance abated by filling. 
—When such pond nuisance is abated by filling, the total cost of filling shall 
be levied and assessed on all lots on which such filling has been done, and 
each lot shall be charged proportionately to the quantity of material de- 
posited on such lot, and such filling shall be carried up to a point where 
the water on the lot can be drained into a public, joint district, or district 
sewer, or natural waterway. (M. C., sec. 649.) 


Sec. 661. Same—separate assessments— when.— When a pond 
nuisance is abated by both draining and filling, separate assessments shall 
be made for draining and filling in the manner hereinbefore provided. (M. 
C., sec. 650.) 


Sec. 662. President to contract to abatenuisance — when. 
When the nuisance to be abated, discontinued or removed, is caused by de- 
fectively and illegally constructed privy vaults or cesspools, or is caused 
by defective, broken, leaking or improperly constructed private’ sewers, 
or is caused by failure to connect any building or lot with a public, joint 
district, district or private sewer accessible from the building or lot, or 
where a nuisance to be abated is caused by an illegally constructed, de- 
fective or dangerous plumbing or sewering on any premises in the city, or 
where the nuisance to be abated is caused by the accumulation of filth in 
any building or lot of ground in the city; then, the president of the board 
of public improvements shall have the power, and it shall be his duty to 
enter into a contract for the abatement or removal of such nuisance, in such 
manner as is hereinafter provided. (M. C., sec. 651.) 


Sec. 663. When vaults and cesspools to be reconstructed.— 
All defective, illegal vaults and cesspools shall be reconstructed in the man- 
ner as prescribed by the ordinances of the city in relation to vaults and cess- 
pools. (M. C., sec. 652.) 


ART. XIII.] OF DEAD ANIMALS. 713 


Sec. 664. When private sewers to be reconstructed—All 
defective, illegally constructed, broken, leaking, private sewers shall be 
reconstructed and replaced in the same manner as provided by the ordi- 
nances of the city for the construction of new sewers. (M. C., sec. 653.) 


Sec. 665. When plumbing, ete., to be replaced.—All illegal, 
defective and dangerous plumbing and sewering on any premises shall be 
reconstructed and replaced in the manner as prescribed by the ordinances 
of the city in relation to plumbing and sewering. (M. C., sec. 654.) 


Sec. 666. Cost to be certified.—The cost of all work as author- 
ized by the provisions of this article shall be made up and certified to by 
the president of the board of public improvements. (M. C., sec. 655.) 


For authority for these sections relating to special tax-bills for abatement 
of nuisances see Charter, Art. XII, secs. 6 and 7. 


Sec. 667. Special tax bills made out—how.—Special tax bills 
against the property upon which the work has been done shall be made out 
by the president of the board of public improvements in like manner as 
other special tax bills. (M. C., sec. 656.) 


Sec. 668. Contractor —right of to enter premises—obstruction 
misdemeanor.—Whenever any nuisance has been ordered to be abated 
under the provisions of this article, and the president of the board of public 
improvements has awarded a contract for doing the work, the contractor, 
his agents and employes shall have the right to enter upon the property on 
which the nuisance exists, for the purpose of abating the same, and any per- 
son or persons interfering with or hindering or obstructing the conractor or 
his employes in the performance of the work of abating the nuisance, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, before either 
of the police justices of the city, shall be fined not less than twenty nor more 
than five hundred dollars, the same to be collected and paid as other fines 
for misdemeanors as are now provided for by law. (M. C., sec. 657.) 


Sec. 669. Contract for work. —All contracts for work contem- 
plated by this article on which special tax bills shall be issued shall be 
entered into as provided by section seven of article twelve of the charter. 
(M. C., sec. 658.) 


See note at the beginning of this article. 


ARTICLE XIII. 


OF CARCASSES OF DEAD ANIMALS, AND GARBAGE OR OFFAL.* 


*Those provisions in the Municipal Code relating to garbage and slops which 
were formerly included in this article as pertaining to the Health Department 
were rendered nugatory by the decision in State vs. Butler, 178 Mo. 272, holding 
that the Board of Health could not make any contract for disposal of garbage, 
and those duties were transferred by ordinance to the street department where 
they now appear: See secs. 1196 and following. Sections 674 to 703 of Mun. 
Code were repealed by ord. 21420; and secs. 704 to 708 of Mun. Code, as well as 
709 to 714, are not included in this revision because they were special ordinances 
which expired by time, and they have been superseded by later ordinances; secs. 
of M. C. from 674-703 were repealed by ord. 20476, which so far as its substantive 
provisions went was declared invalid in State vs. Butler, supra, and was there- 
after repealed by ord. 21417. 


714 REVISED CODE OR GENERAL ORDINANCES. (CRAPS 115 


Sec. 670. Burying animals within city prohibited.—It shall 
not be lawful for any person or persons, firm or corporation, to bury the 
body of any dead horse, mule, cow, ox, goat, hog, sheep or dog, anywhere 
within the limits of the city. (M. C., sec. 659.) 


See. R. C. sec. 598 as to keeping dead animals off of streets, ete. 


Sec. 671. Same—on lots forbidden, —It shall not be lawful for 
any owner or owners, or his or their agents, or any tenant or any other 
person to bury or permit to be buried the carcass of any dead animal 
on any lot of ground or yard within the limits of the city. (M.C., sec. 660.) 


Sec. 672. Animals buried in lots to be removed. 
ever the health commissioner shall have information that there has been 
buried on any lot of ground or yard within the limits of the city the carcass 
of any dead animal, he may require, by order, the owner, agent or tenant of 
such lot of ground or yard to have such carcass disinterred and removed to 
a proper place to be steam rendered. Any person or persons, firm or cor- 
poration failing to comply with the order of the health commissioner shall 
be deemcd guilty of a misdemeanor. (M. C., sec. 661.) 


Sec. 673. Same — cost. ‘cass of any dead animal is found 
to have been buried upon any public street or alley in the city, or upon any 
lot of ground or yard, the owner or agent of which cannot be found, the 
health commissioner shall have the power, if in his judgment he may deem 
it necessary, to have the same disinterred and delivered to the contractor 
for the removal of dead animals, the cost of said distinterment to be paid 
out of the fund for the abatement of nuisances on public property. (M. 
C., sec. 662.) 


Sec. 674. Penalty.— Any person or persons, firm or corporation, vio- 
lating or failing to comply with any of the provisions of the four preceding 
sections shall be guilty of a misdemeanor, and, upon conviction, shall be 
fined not less than two hundred nor more than five hundred dollars, the 
same to be recovered for the use of the City of St. Louis before any court or 
officer having competent jurisdiction. (M. C., sec. 663.) 


Sec. 675. Duty of police.—It shall be the duty of the police to 
watch for and arrest all persons found violating any of the provisions of 
the above sections. (M. C., sec. 664.) 


Sec. 676. Report as to careasses to be made to board 
of health.—It shall be the duty of all agents and employes of the board 
of health, and of -all policemen, to report to the board of health, any 
carcass and the remains of any dead animals which they may find, or of 
the existence of which within the city limits they may be informed, as 
soon aS may be, and within three hours after such fact shall come to their 
knowledge, and the board of health shall enter such report in a book to be 
kept for that purpose, and designate therein the locality, as near as the 
Same can be ascertained by them, where such carcass or remains were 
found, also, the hour when reported. (M. C., sec. 665.) 


This section and the following one were amended by ordinance 22580, ap- 
proved Oct. 12, 1906 (after the submission of the ordinance in revision to the 
assembly, so that it was too late to incorporate the amendments in the revised 
code). The amendments are aimed to bring the matter within the street depart- 
ment as well as board of health, and so as to harmonize with the ruling of the 
Supreme Court in the case of State vs. Butler, 178 Mo. mi: See this ordinance set 
out in the appendix to Revised Code. 


ART. XIII. ] OF DEAD ANIMALS. 715 


Sec. 677. Contractor to be notified—duty of.—The aforesaid 
book shall at all times be open to the inspection of the public, and every 
person may report the existence of any carcass or the remains of any dead 
animals within the city limits, to the clerk of the board of health, or to any 
policeman or at any police station, with the person in charge thereof, who 
shall immediately report the same at the office of the board of health, and 
also notify the contractor for the removal-of dead animals to remove the 
same within six hours, of daylight time, after receiving such notice, and 
upon the failure of such contractor to remove such dead animal within the 
time and manner in this article specified, such contractor shall be deemed 
guilty of a misdemeanor, and on conviction thereof he shall be fined not less 
than thirty dollars for the first offense, and for every subsequent offense 
fifty dollars, to be recovered as fines before the police courts. (M. C., see. 
666.) 


See preceding section. 


Sec. 678. Careasses not to be removed,.—It shall not be lawful 
for any person, co-partnership of persons, or corporation, to remove, flay, 
steam-render, or in any other manner dispose of the carcass of any dead 
animal which has been abandoned by its owner, or has become a nuisance, 
and which is found lying upon the streets, alleys or public places of the 
city, or on private premises therein. (M. C., sec. 667.) 


Sec. 679. Careasses—removal of under permit.—Any person 
copartnership of persons, or corporation, desiring to remove the carcass 
of any dead animal, in whole or in part, and owned by such person, copart- 
nership of persons or corporation, and lying upon the streets, alleys, or pub- 
lic places of the city, or on private premises therein, shall make application 
to the health commissioner for a permit so to do, stating the kind of carcass 
or animal to be removed, the place to and from which the same is to be 
taken, and the character of the products to be derived from the same, and 
shali give a bond to the city in the sum of five thousand dollars, to be ap- 
proved by the Mayor and Council, and conditioned that none of the products 
of the carcass or parts of the carcass of such dead animal shall be employed 
or sold by them for the purposes of human food, and that all grease or other 
products rendered or manufactured or packed for use, or transported to or 
from the market in the city or elsewhere, shall be branded with a burning 
brand as follows: “Product of dead animals, St. Louis.” (M. C., sec. 668.) 


See. 680. Careasses—manner of removal of.—All permits to 
remove a dead animal as provided by this article shall be signed by the 
heaith commissioner and attested by the clerk of the board of health, and 
no such dead animal shall be removed except in covered wagons, well coy- 
ered with tarpawlins or otherwise, and in the most inoffensive manner pos- 
sible. The drivers of teams conveying away carcasses shall not stop on the 
way unless detained by some accident. (M. C., sec. 669.) 


Sec. 681. Permit may be ree The health commissioner may 
at any time recall such permit if any of the rules or orders of the health 
commissioner are violated. (M. C., sec. 670.) 


Sec. 682. When careasses are not to be used for food.— 
No person, copartnership of persons or corporations shall, in the City of St. 
Louis, flay, cut up, sell or manufacture into human food or any other prod- 
uct whatsoever any carcass, or part of any carcass of any dead animal, not 
slain for the purpose of human food, nor of any dead animal diseased or in 


716 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


an unsound or unhealthy condition at the time of its killing, unless such 
person, copartnership of persons or corporation shall have on their premises, 
within suitable inclosure, tight rendering tanks, which rendering tanks shall 
be so constructed so that all the escape steam shall be conducted into tanks 
of equal dimensions, filled with water and so constructed that all surplus 
steam and gases or vapors that arise after passing through such tanks of 
water shall be conducted under the fires of the boilers of such establish- 
ments; and, provided, further, that all such establishments engaged in the 
business of flaying, cutting up, selling or manufacturing product from the 
carcasses of dead animals, not slain for the purpose of human food, nor any 
diseased animals or unsound and unhealthy animals at the time of their 
killing, unless said persons, copartnership of persons or corporations shall 
give a bond to the city in the sum of ten thousand dollars, to be approved 
by the Mayor and Council, under the condition that none of the products 
or the carcasses or the parts of such dead animals heretofore described so 
rendered, shall be employed or sold by them for the purpose of human food, 
and that all packages of every kind and description of grease or other prod- 
uct, rendered or manufactured, or packed for use or prepared (for trans- 
portation) to or from the market in the city or elsewhere, shall be EY 
with a burning brand with letters at least two inches ‘in length, as follows 
“Product of Head animals, St. Louis.” (M. C., sec. 671.) 


Sec. 683. Penalty for violating five preceding sections.— 
Any person or persons, copartnership or corporation, violating any of the 
provisions of the next five preceding sections of this article shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be punished by a 
fine of not less than ten nor more than one hundred dollars. (M. C., see. 
672.) 


Sec. 684. Careasses—when deemed nuisances.—The carcasses of 
all dead animals lying on the streets, alleys or public places of St. Louis, 
or on private premises therein, and not slain for human food, and not re- 
moved by the owner or other person entitled thereto within six hours of 
daylight time after the death of such animals, are hereby declared to be 
nuisances, and shall be removed and disposed of as hereinafter provided. 
[All dead animals belonging to the city shall become the property of the 
contractor under this artic ies and shall be removed as hereinafter provided. | 
(M. C., sec. 673.) 


This ordinance was amended by ordinance No. 22580, approved Oct. 12, 1906 
(too late for incorporation in this revision). The amendment (see ordinance 
set out in the appendix to Rev. Code) omits the latter portion, included above in 
the brackets, since there is now no such contractor as therein designated. See 
also Rev. Code, sec. 598. 


GARBAGE AND OFFAL. 


Sec. 685. Garbage and offal defined.—The words garbage and 
offal, when used in this article, shall be held to include every accumulation 
of both animal and vegetable matter, liquid or otherwise, that is received 
from kitchens, and also all putrid and unsound meat, beef, pork, fish, de- 
cayed or unsound vegetables or fruit, the tankage from rendering establish- 
ments, and shall also be held to include refuse from slaughter houses and 
pork houses. (Ord. 16863, sec. 1. M. C., p. 984.) 


See R. C., sec. 1198. The trimmed heads, feet and bones of cattle to which 
no flesh or skin clings, which are fresh and dry and emitting no offensive odor, 
do not fall within the definition of garbage or offal: St. Louis vs. Robinson, 135 
Mo. 460 (construing this ordinance). 


ART. XITI.] GARBAGE AND OFFAL. 717 


Sec. 686. Where garbage and offal not to be placed— 
penalty.—No person, firm or corporation shall throw, cast or deposit any 
garbage or offal of any kind whatever into or on any gutter, street, alley, 
public place, vacant lot or water course within the limits of the city, or into 
the River des Peres or the Mississippi river inside the boundaries of the 
city; any person violating the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined not less 
than ten dollars nor more than one hundred dollars; and each violation 
thereof shall constitute a separate offense, punishable as provided herein. 
(Ib., sec. 2.) 


Sec. 687. Receptacles for garbage, ete., to be provided.— It 
shall be the duty of every owner, tenant, lessee and occupant of any and 
every dwelling, tenement house, lodging house, hotel, restaurant and board- 
ing house to provide and at all times cause to be kept and provided, within 
such building or on the lot on which said building is erected, suitable and 
sufficient boxes, barrels or tubs for the receiving and holding, without leak- 
age and without being filled to within four inches of the top, all the gar- 
bage, offal or liquid substances derived therefrom that accumulates on said 
premises within a period of thirty-six hours, and all such boxes, tubs or 
barrels shall be placed at all times in such places as to be readily accessi- 
ble for removal and emptying, and where they shall not be a public nuisance ; 
and no person not for that purpose authorized shall interfere with them or 
with the contents thereof. Any person violating the provisions of this sec- 
tion shall be deemed guilty of a misdemeanor, and upon conviction shall be 
fined not less than five nor more than fifty dollars; and each violation 


thereof shall constitute a separate offense, punishable as provided herein. 
(1b.. sec. 3.) 


See. 688. Conditions for hauling garbage, etec., through the 
streets—carts, wagons, ete.—All garbage and offal shall be removed, 
and hauled through the streets of the city in water-tight carts, wagons or 
barrels only; all said carts or wagons shall be strongly built, and the sides 
and front and rear ends shall be so high above the load or contents that no 
part of such contents or load shall fall, leak or spill therefrom, and said 
carts or wagons shall be adequately and tightly covered, and all barrels or 
tubs shall have tight fitting wooden or metallic covers, and when not in use 
all such carts, wagons and all implements used in connection therewith 
shall be stored and kept in some place where no needless offense shall be 
given to any of the citizens of the city; and any person removing garbage 
or offal in any other manner, or violating any of the provisions of this sec- 
tion shall be deemed guilty of a misdemeanor, and, upon conviction, shall 
be fined not less than twenty-five dollars nor more than two hundred dollars ; 
and each violation thereof shall constitute a separate offense, punishable as 
provided herein. (/b., sec. 4.) 


See R. C., sec. 614. 


Sec. 689. License necessary—terms of, etc.—No person or persons, 
firm or corporation, shall haul or remove garbage or offal from hotels, 
dwelling houses, boarding houses, restaurants or tenement houses without 
having first obtained from the city collector (license collector) a license 
to do so, and any person or persons, firm or corporation, engaged in the 
hauling of garbage or offal either under contract with the city or otherwise, 
shall pay an annual license of twenty dollars in advance for each and every 
cart or wagon by him or them used; said license shall be issued in the form 


728 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


and under the regulations as provided for by this article. No license shall 
be issued by the collector (license collector) for the removal of garbage or 
offal unless the parties applying for such license shall first file with the 
collector (license collector) a certificate signed by the board of health or 
chief sanitary officer of the city stating that the party making such appli- 
cation has filed with the health department a statement as provided for in 
section 690 of this article. No license shall be issued for a longer period 
than one year, and said license shall not be transferable, and it shall be 
unlawful for any person or persons, firm or corporation engaged in the 
hauling or removal of garbage or offal to permit same to be fed to animals 
within the limits of the city. No license shall be issued to haul or remove 
garbage or offal to any rendering or converting establishment which shall 
be conducted in an offensive manner, or which shall at the time of making 
application for said license be under condemnation as a nuisance by the 
board of health, or which shall not have complied with all the provisions 
of the ordinances governing the establishment, erection and maintenance 
of rendering factories. Any person or persons, firm or corporation failing 
to comply with or violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon conviction, shall be fined not 
less than fifty dollars nor more than two hundred dollars, and each viola- 
tion thereof shall constitute a separate offense, punishable, as provided 
herein, and shall furthermore forfeit his or their license. | (Jb., sec. 5.) 


Sec. 690. Application for removal of garbage.—All persons, firms 
or corporations desiring to have their garbage or offal removed by persons 
other than the contractor, or any persons, firms or corporations desiring 
to haul or remove garbage or offal, shall file with the board of health or 
chief sanitary officer an application, which application shall state at what 
point the garbage or offal is located; to what point within or without the 
limits of the city it is proposed to remove it; the number of carts and 
wagons proposed to be used; the location where the carts, barrels, wagons 
or tubs are kept when not in use, and that said offal and garbage is not 
to be fed to animals within the limits of the City of St. Leuis. On the 
filing of such application the chief sanitary officer shall furnish to such 
parties a certificate to be filed with the collector; the number of which. cer- 
tificate shall correspond with the number on the application. (JD. sec. 6.) 


See. 691. Metallic license plate to be displayed,—All carts, 
wagons or other vehicles that shall be used in hauling garbage and offal 
from hotels, restaurants, boarding houses and dwelling houses shall have 
displayed on one side thereof metallic plates, having cast thereon in raised 
letters the words: ‘Licensed to remove garbage,” and the figures indicat- 
ing the number of the plate and the year for which the license is issued, 
which metallic plates shall be furnished by the city register to the collec- 
tor; the record of such metallic plates shall be kept by the collector, and 
the number of the license shall correspond with the number on the metallic 
plate. Any person failing or:neglecting to conform to the provisions of 
this section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than ten nor more than one hundred dollars, 
and each violation thereof shall constitute a separate offense, punishable 
as provided herein. (Jb. sec. 7.) / 


Sec. 692. Duties of police and garbage inspector.—It shall 
be the duty of the police to see that the provisions of this article are com- 
plied with, and it shall also be the duty of the garbage inspector to see 
that no garbage is permitted to remain upon the premises of the residents 


ART. XIV—XV.] OF VITAL STATISTIGS. 719 


of the city, and to report to the board of health all violations of this arti- 
cle that may come under his notice. (Jb., sec. 8.) 


Sec. 693. Issuance of license.—All licenses to remove garbage and 


offal shall be issued in blank to the collector by the register under the seal 
of the city and shal) be in the form prescribed by law. (Jb. see. 9.) 


ARTICLE XIV. 


OF VITAL STATISTICS. 


Sec. 694. Registration of births and deaths. — The health 
commissioner shall provide for the registration of all births and deaths 
occurring within the city, and for that purpose it shall be the duty of every 
physician and midwife to report weekly to the health commissioner, at 
or before the hour of four o’clock in the afternoon of Saturday of each 
and every week, in accordance. with printed forms to be furnished by said 
health commissioner, a statement of the sex and date of birth, of every 
child born in this city where they have attended the birth of such child; 
and in case no physician or midwife attended the birth of any child born 
in this city, then, and in that case, it is hereby made the duty of the 
father or mother to make such report to the health commissioner. (M. C., 
sec. 715.) 


See Charter, Art. XII, sec. 4. 


Sec. 695. Physicians to report deaths.—It shall be the duty of 
every physician and person engaged in the practice of medicine in the city 
to report to the health commissioner the death of any person under his 
care and treatment, when the person died, and with such particulars as 
the health commissioner may prescribe; and it shall also be the duty of 
the coroner of the city to make a weekly report to the health commis- 
sioner of all inquests and of all deaths within the city coming within his 
official knowledge. (M. C., sec. 716.) 


See. 696. Births and deaths—record of.—The health commis- 
sioner shall keep a record of all births and deaths on file in his office. (M. 
LA nece (Lh. 


Sec. 697. Penalty.—Every person whose duty it is to make any of 
the reports prescribed by this article shall make the same within the time 
as prescribed, and any person who shall fail to make such report or to 
comply with any of the provisions of this article shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined not less than 
ten nor more than one hundred dollars, to be recovered as in other 
cases of misdemeanor before any court having competent jurisdiction. 


Chin sec, (18; ) 


ARTICLE XV. 


OF REGULATIONS CONCERNING THE PRACTICE OF MEDICINE, SURGERY OR 
MIDWIFERY.* 


*State laws regulating practice of medicine, surgery and dentistry, 2 R. S. 1899, 
secs. 8507 to 8539, inclusive, laws 1901, pp. 207-210. <As to definition of physician, 
surgeon, etc., see Kansas City vs. Baird, 92 Mo. App. 204. 


Ordinance 22998, enacted after the Rev. Code, regulates private hospitals, 
lying-in establishments, institutions for the care of foundlings, orphans, etc.: See 
the ordinance set out in the appendix to the Rev. Code. 


720 REVISED CODE OR GENERAL ORDINANCES. (OPAL. ALS. 


Sec. 698. Certificate to be filed—registration. - Every person 
now practicing medicine or surgery in this city, or who shall hereafter en- 
gage in such practice, shall, before continuing or entering upon such prac- 
tice, exhibit his certificate obtained from the state board of health, under 
the provisions of the laws of Missouri, to the health commissioner, and 
file a copy of the same with said health commissioner, who shall there- 
upon enter the name of such person, the date of the filing of said copy, 
the date of such certificate, and the name and location of the institution 
at which the person was graduated, if such person should be a graduate, 
in a book to be kept by the health commissioner for that purpose, and 
shall require such person to subscribe his or her name in said book. (M. 
(72 SCC glo ‘ 


See note to this article on preceding page. 


Sec. 699. When registration may be refused.—Whenever the 
health commissioner has reason to believe that the certificate exhibited 
is not genuine or has not been legally issued to the person presenting the 
same, he shall refuse to allow, the person presenting the certificate to be 
registered and shall forthwith refer the matter, with all the facts in the 
case, to the board of health, which, after a hearing, shall decide whether 
said person shall be allowed to register, and if the board of health shall 
so decide, it shall direct the health commissioner to allow said person 
to register, but if in the opinion of the board of health said person should 
not be allowed to register, the health commissioner shall not permit said 
person to register. (M. C., sec. 720.) 


Sec. 700. Failure to comply—penalty.—Every person who shall 
practice or attempt to practice medicine or surgery in this city without 
first having complied with the provisions of this article, shall be deemed 
euilty of a misdemeanor, and upon conviction shall be fined, not less than 
twenty-five dollars, nor more than five hundred dollars. (M. C., sec. 721.) 


See. 701. Burial certificate by registered physician alone 
to be signed. —It shall not be lawful for tne health commissioner or 
his clerk to sign any burial certificate signed by any other than a regis- 
tered physician. (M. C., sec. 722.) 


Sec. 702. Interment without certificate forbidden.—lIf any 
overseer, sexton or other person having control of a graveyard shall per- 
mit any person to be interred in said graveyard without a certificate signed 
by a registered physician, and countersigned by the health commissioner 
or his clerk, he shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined not less than twenty-five dollars nor more than five 
hundred dollars, to be recovered as in other cases of misdemeanor, before 
any court or officer having competent jurisdiction. (M. C., sec. 723.) 


Sec. 7038. Midwifery—conditions of practice.— Hereafter it shall 
not be lawful for any person to practice midwifery, unless such person 
shall first: register her name and place of abode in a book in the office 
of the health commissioner, kept for that purpose, but no person shall 
be allowed to register as midwife who shall not first file a diploma from 
some school of midwifery in good standing, or a_ certificate signed by 
at least two registered physicians, which certificate shall state that the 
party named in the certificate is in their opinion qualified to practice mid- 
wifery, and any person who shall practice or attempt to practice midwifery 


7G ee, Oe OF HOSPITALS. INSANE ASYLUM AND DISPENSARIES. 721 


without first having complied with the provisions of this article, shall be 
deemed guilty of a misdemeanor, and upon conviction shall be fined not 
less than twenty- ‘five dollars nor more than fifty dollars. (M. C., sec. 724.) 


Sec. 704. Druggists to comply with article.—Nothing in this 
article shall be so construed as to permit any druggist to engage in 
practice of medicine or surgery, without first having filed with the health 
commissioner a diploma, or certified copy thereof, in accordance with the 


provisions of the first two sections of this article. (M. ©., sec. 725.) 


ARTICLE XVI. 


OF CITY HOSPITAL, FEMALE HOSPITAL, INSANE ASYLUM AND DISPENSARIES.* 


*As to stationing of two firemen at each of the various city 


institutions see 
Rev. Code, sec. 288. 


Ordinance 22998, enacted after the Revised Code, provides for the regulation 
of private hospitals, sanitariums, lying-in establishments, retreats, etc., and 
homes or institutions for the care of orphans, foundlings, ete.: See this ordinance 
in the appendix hereto. 


ONE—GENERAL PROVISIONS. 


See. 705. Hospital fund created. ‘e is hereby created a fund 
for the erection of hospital buildings. Said fund shall be used in the 
erection and furnishing of suitable hospital buildings for the care of the 
sick or insane in the City of St. Louis; and said fund shall be expended 
only as and when directed by ordinance. (M. C., sec. 728.) 


Sec. 706. Same—sum set aside annually.—On or before the 
fifteenth day of May, of each year, the comptroller shall transfer from 
municipal revenue to fund for the erection of hospital buildings an amount 
equal to one per centum of the municipal revenue of the City of St. Louis 
for the preceding fiscal year. (M. C., sec. 729.) 


Sec. 707. Health commissioner to manage.—The health com- 
missioner shall have general superintendence and management over all 
the city hospitals, dispensaries and insane asylum that now are, or here- 
after, may be established. CMG SeG. 1303) 


See Charter, Art. XII, sec. 4. 


Sec. 708. Rules as to requisition and accounts, 
rolls and requisitions for supplies or repairs for the health commissioner’s 
office, sanitary division, hospitals, dispensary and insane asylum, shall 
be approved and signed by the health commissioner, and all vouchers 
for accounts against the health commissioner’s office, sanitary division, 
hospitals, dispensary and insane asylum, shall be signed by the health 
commissioner and attested by the clerk of the health commissioner and 
board of health, whereupon the auditor shall draw his warrant upon the 
treasurer for the amount thereof. On or before the tenth day of each 
month the health commissioner shall submit to the board of health a 
statement showing the expenditures of the various divisions of the health 
department for the previous month, and a copy of the pay-rolls for the 
previous month, and if the board of health is of the opinion that the 
expenditures are excessive or unnecessary, it shall, if the majority of said 
board so decide, refer the whole matter to the Mayor, who shall take such 
action as he may think proper. (M. C., sec. 731.) 


722 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


Sec. 709. Health commissioner-—power to make rules, ete. 
—The health commissioner, with the advice and approval of the board 
of health, shall prescribe the condition of admission to, and make ail 
necessary rules for the government of, the hospitals, dispensaries and in- 
sane asylum. (M. C., sec. 732.) 


See Charter, Art. XII, sec. 4. 


Sec. 710. Students of medicine—rules of admission of.— 
Students of medicine, when accompanied by a professor of any of the 
medical colleges in this city, all of whose faculty are registered physicians, 
as provided by this chapter, may be admitted to the wards and lecture 
rooms in the hospital at such hours and days of the week as may be 
designated by the health commissioner; but no lectures shall be held in 
the presence of the patients in said hospitals. The health commissioner 
shall designate to the respective medical schools visiting said hospital the 
days and hours they will be respectively allowed to visit said hospital. 
The health commissioner shall have power to suspend the exercise of 
the privilege herein granted to medical schools for any violation of estab- 
lished rules, or for any failure to comply with the provisions of this 
article. (M. C., sec. 733.) 


Sec. 711. Surgical operations—conditions of performance of. 
—No surgical operation shall be performed in any of the hospitals belong- 
ing to the city without the consent and indorsement of the superintendent 
thereof, nor shall any capital operation be performed in such hospital with- 
out the consent and indorsement of the superintendent, and upon consul- 
tation with one of the consulting physicians or one of the medical members 
of the board of health, except in cases of emergencies. (M. C., sec. 734.) 


Sec. 712. Clinical lectures forbidden.—No clinical lectures shall 
be delivered at the bedsides of the patients, or in any wards set apart for 
and occupied by them. (M. C., sec. 735.) 


See. 713. Training school for nurses—pupils to be ad- 
mitted to hospital. of the St. Louis Training School for 
Nurses shall be admitted to the wards and lecture rooms in the hospitals 
under proper rules and regulations to be framed by the health commissioner 
and approved by the board of health. (M. C., sec. 736.) 


Sec. 714. Children—when parent of may nurse.— Whenever 
it shall be necessary to send to any of the hospitals any child under ten 
years of age, the health commissioner. shall have the power, if he thinks 
proper, to allow the parent to go to the hospital and remain and nurse 
said child. (M. C., sec. 737.) 


See. 715. Nurses—rules of selection of—superintendent— 
salary.* — All nurses employed by the city may, to the extent that the in- 
stitution will supply the same, be selected from the pupils of the St. Louis 
Training School. They shall be paid monthly installments, the amount now 
specified by ordinance for corresponding positions. A residence in the city 
for two years shall not be necessary to entitle one to appointment under 
this and the next preceding section. One selected from said institution 
shall be called superintendent of nurses, and shall be paid [forty**] dollars 
per month, and the duties of the position shall be defined by rules and reg- 
ulations prepared by the health commissioner and approved by the board 


— 


ART. XVI.]} OF HOSPITALS, INSANE ASYLUM AND DISPENSARIES. 723 


of health. All appointments under this article shall be made by the health 
commissioner and approved by the board of health. (M. C., see. 738.) 


*Ordinance 22935, approved March 27, 1905, enacted after the Revised Code, 
provides for additional nurses and is as follows: 


The Health Commissioner, with the approval of the Board of Health, may 
appoint for service in the City Hospital, under the superintendent of City Hos- 
pital and the Superintendent of nurses, one assistant superintendent of nurses, 
one surgical operating nurse, three night supervising nurses and three day 
supervising nurses, each of whom shall be graduated trained nurses, and shall 
be paid fifty dollars per month, and shall perform duties which shall be defined 
by the rules and regulations prepared by the Health Commissioner and approved 
by the Board of Health; the said salaries to be paid out of the funds appropri- 
ated for salaries in the Health Department. 


**Now seventy-five. By ordinance 23001 (enacted after the Revised Code) the 
above section was amended raising the salaries from $40 to $75 per month. 


Sec. 716. Convalescent patients may be required to labor. 
—Convalescent patients may be required to perform such labor about 
the hospitals as may be demanded of them; provided, the superintendent 
is satisfied that such labor will not retard recovery. (M. C., sec. 739.) 

See R. C. sec. 774. 


TWO—SUPERINTENDENTS, ASSISTANTS AND EMPLOYES. 


Sec. 717. Superintendents —appointment and term. — The 
Mayor shall appoint, with the approval of the board of health, subject to 
confirmation of a majority of the members of the council, a superintendent 
of the city hospital, a superintendent of the female hospital, a superin- 
tendent of the insane asylum, and, when necessary, a superintendent of . 
quarantine, who shall hold their offices for a term of four years and until 
their successors are appointed and qualified. (M. C., sec. 740.) 


See Charter, Art. XII, sec. 5. For assistant superintendents see below. 


Sec. 718. Bonds of superintendents.—Said superintendents shall 
each give a bond to the city in the sum of five thousand dollars, con-- 
ditioned on the faithful discharge of their duties and accounting of all 
property to the city which comes under their possession or under their 
control; said bond shall be secured by two or more sureties, who shall 
be holders of unincumbered real estate in the city, and shall be approved 
by the Mayor and council. (M. C., sec. 741.) 


See. 719. Salaries of superintendents.—The superintendent of 
the city hospital, the superintendent of the female hospital, and the super- 
intendent of the insane asylum shall each receive a salary of two thou- 
sand dollars per annum, payable monthly. Should the board of health 
at any time find it necessary to appoint a superintendent of quarantine, 
and should so determine, and declare the fact a matter of record, it shall 
report such action to the municipal assembly, which body shall thereupon 
fix his compensation. (M. C., sec. 742.) 


See. 720. General duties.— Said superintendents shall have super- 
vision of the management of the institutions under their respective charges, 
and shall perform their duties under the general supervision of the 
health commissioner. (M. C., sec. 743.) 


Sec. 721. First assistants at city hospital—qualifications— 
salary —tenure.—The health commissioner with the approval of 
the board of health, shall appoint two first assistant physicians at the city 
hospital. Each shall have had two years’ experience at the St. Louis 


724 REVISED CODE OR GENERAL ORDINANCES. {[CHAP. 11. 


City Hospital. Their compensation shall be at the rate of one hundred dol- 
lars a month, and their term of service shall be limited to two years. (Ord. 
21812.) 


Sec. 722. Control of patients by superintendents.—Subject 
to the rules prescribed by the health Commissioner, said superintendents 
shall have entire control of the patients in their respective institutions, shall 
be responsible for their welfare, and shall take care of them properly, and 
they are alone authorized to discharge patients from the institution. (M. 
C., sec. 744.) 


Sec. 723. Control and discharge of officers and employes. 
Said superintendents shall have control of the officers and employes of the 
institution under their respective charge, and shall have the power to dis- 
charge any of said employes or to suspend any of the assistant physicians 
or other officers engaged at said institutions for neglect of duty or gross 
violation of the rules. When the superintendent shall find it necessary to 
discharge any employe, or suspend any assistant physician or other officer, 
they shall report the fact of such discharge or suspension, and the cause of 
such action, to the health commissioner. If the health commissioner does 
not approve of the action of the superintendents in the discharge or sus- 
pension of any officer or employe, he shall refer the whole matter to the 
board of health, which shall take such action as it shall deem proper. (M. 
©., sec. 745.) 


Sec. 724. Superintendents to give full time—family board 
and laundry furnished.—sSaid superintendents shall devote their whole 
time to the service of their respective institutions, and each of said super- 
intendents may be permitted to allow his wife and children to reside in 
the institution under his charge, and such superintendent and his wife and 
children shall receive board and have their lanndry work done at séid 
respective institutions free of expense to them. (M. C., sec. 746.) 


Sec. 725. Superintendent of quarantine—salary.—The salary of 
the superintendent of quarantine during the periods that there are no 
patients in the hospital shall be one hundred dollars per month, and he 
shall at such times perform the duties of steward and clerk; but during 
the periods when there are patients in the hospital the salary shall be 
one hundred and fifty dollars per month, and at such times it shall be 
discretionary with the health commissioner to require the superintendent 
to perform the duties of steward and clerk. Such compensation shall be 
paid upon a pay-roll duly certified by the superintendent of quarantine 
signed by the health commissioner and approved by the board of health 
(M. C., sec. 747.) 


Sec. 726. Salary from what fund.—The salary of the superin- 
tendent of quarantine shall be paid out of the appropriation made for 
salaries of employes of quarantine and smallpox hospital. (M. C., see. 748.) 


Sec. 727. Salary runs from date superintendent qualifies. 
—The salary of the superintendent of quarantine shall be paid from the 
date on which said superintendent qualified. (M. C., sec. 749.) 


Sec. 728. Assistants to superintendents—qualification and 
duties.— The health commissioner, with the approval of the board of 
health, may appoint one or more assistants to the superintendents of 


ART. XVI.] OF HOSPITALS, INSANE ASYLUM AND DISPENSARIES. 725 


the hospital and insane asylum, to serve for one year, unless sooner re- 
moved by the health commissioner. Said assistants shall be graduates 
of some regular medical school, and shall perform such duties as may 
be required of them. They shall receive boarding and washing at the 
hospital, but no salary shall be allowed said assistants. One of said 
assistants shall speak the German and English languages fluently. <A 
residence in the city for two years shall not be necessary to entitle one 
to appointment under this section. All of said appointments shall be 
made on a competitive examination, to be conducted by the medical mem- 
bers of the board of health, and shall be awarded according to the merit 
shown by such examination. (M. C., sec. 750.) 


See. 729. Assistant superintendent in insane asylum — 
appointment. The position of assistant superintendent of the insane 
asylum is hereby created. The health commissioner shall appoint a physi- 
cian to fill the position, said appointment to be approved by the board of 
health. (Ord. 20454, sec. 1.) 


See. 730. Same — qualifications. — The assistant superintend- 
ent of the insane asylum shall be a graduate of medicine and shall have had 
at least six months’,experience as an assistant at the insane asylum, and 
shall have been a resident of this city for at least two years prior to his 
appointment. (/b. sec. 2.) 


Sec. 731. Same—duties and powers. — The assistant superin- 
tendent of the insane asylum shall perform such duties as may be pre- 
scribed by the health commissioner with the approval of the board of 
health, and in the absence of the superintendent shall be in charge of the 
asylum. (Jb. see. 3.) 


Sec. 732. Same — salary — furnished board and washing.— 
The salary of the assistant superintendent of the insane asylum shall be 
seventy-five dollars per month, and he shall receive board and washing at 
the institution. (/b. sec. 4.) 


Sec. 733. Same—tenure of position — suspension. — The as- 
sistant superintendent of the insane asylum may be suspended by the su- 
perintendent for neglect of duty or violation of rules, and when the super- 
intendent shall suspend the assistant, he shall at once report all the facts 
in the case to the health commissioner, who may take such action as he 
may deem proper. The assistant sperintendent of the insane asylum shall 
hold his position subject to the pleasure of the health commissioner. (/) 
Bec. 5:) 


THREE—FEMALE HOSPITAL. 


Sec. 734. Female hospital established.—The institution hereto- 
fore known as the “Social Evil Hospital and House of Industry” shall be 
hereafter known and designated as the “Female Hospital.” (M. C., sec. 
751.) 


State laws governing ‘Social Evil Hospital and House of Industry” set forth 
under “Laws Specially Applicable to St. Louis,” Chap. 13, ante, p. 161, secs. 350-354. 


Sec. 735. For females exclusively. — Said hospital shall be 
used exclusively for the reception of females, and no male patient shall 
be received therein under any circumstances. (M. C., sec. 752.) 


726 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


Sec. 736. Employment.— Each inmate committed to said hospital 
may be employed at such needle-work or other useful industry as she may 
be able to perform. (M. C., sec. 753.) 


Sec. 737. Patient may remain until, ete.—Any convalescent 
inmate so desiring may, with the permission of the health commissioner 
remain a sufficient length of time to enable her to procure employment, or 
until she can be placed in communication with her friends. (M. C., sec. 
754.) 


Sec. 738. Office of assistant superintendent created.—The 
position of assistant superintendent of the female hospital is hereby 
created. The health commissioner shall appoint a physician to fill the 
position, said appointment to be approved by the board of health. The 
assistant superintendent of the female hospital shall hold his position 
subject to the pleasure of the health commissioner. (M. C., sec. 755.) 


Sec. 739. Same—qualifications. —The assistant superintendent of 
the female hospital shall be a graduate of medicine and shall have had 
at least one year’s hospital experience as an assistant, and shall have been 
a resident of this city for at least two years prior to his appointment. (M. 
C., sec. 756.) 


Sec. 740. Duties of assistant.—The assistant superintendent 
of the female hospital shall perform such duties as may be prescribed by 
the health commissioner, with the approval of the board of health, and 
in the absence of the superintendent shall be in charge of the hospital. 
(M. C., sec. 757.) 


Sec. 741. Salary, etce.—The salary of the assistant superintendent 
of the female hospital shall be seventy-five dollars per month, and he shall 
receive board and washing at the institution. (M. C., sec. 758.) 


Sec. 742. Suspension of assistant.—The assistant superintendent 
of the female hospital may be suspended by the superintendent for neglect 
of duty or violation of rules, and when the superintendent shall suspend 
the assistant, he shall at once report all the facts in the case to the health 
commissioner, who may take such action as he may deem proper. (M. C., 
sec. 759.) 


Sec. 743. Supervisor of nurses and matrons.—tThe health 
commissioner shall appoint a person to fill the position of supervisor of 
nurses and also act as matron, at the female hospital; said appointment to 
be approved by the board of health. (M. C., sec. 760.) 


Sec. 744. Same — duties of. — The supervisor of nurses and 
matron at the female hospital shall have charge and control of all nurses 
employed at said hospital, shall also oversee the laundry, kitchen, sewing 
room, linen room and quarters for the female employes, and shall per- 
form under the direction of the superintendent of the female hospital, all 
duties prescribed by the rules governing the female hospital. Said super: 
visor of nurses and matron may be removed by the health commissioner 
in the same manner as other employes of the health department. (M. C., 
sec. 761.) : 


ART. XVI.] OF HOSPITALS, INSANE ASYLUM AND DISPENSARIES. 727 


Sec. 745. Same—qualifications. — The supervisor of nurses and 
matron shall be a graduate of some training school for nurses, or have 
had at least five years’ hospital experience as a nurse, and shall have been 
a resident of this city at least two years prior to her appointment. (M. 
C., sec. 762.) 


Sec. 746. Salary.—The salary of the supervisor of nurses and matron 
of the female hospital shall be fifty dollars per month and she shall re- 
ceive board and washing at the institution. (M. C., sec. 763.) 


* FOUR—INSANE ASYLUM. 


Sec. 747. Established.—The building on Arsenal street, heretofore 
known as the county insane asylum, and acquired by the City of St. Louis, 
by the ratification of the Scheme and Charter, is hereby established and 
shall be known as the Insane asylum of the City of St. Louis. (M. C., sec. 
764.) 


The insane asylum of the city is not included under the general statutes of 
the state as one of the eleemosynary institutions of the state but it is a private 
institution belonging to and controlled by the city: State ex rel. St. Louis vs. 
Seibert, 123 Mo. 424, 429. 


See Scheme, sec. 10; 2d. sec. 25. As to Charter provision to erect, purchase or 
rent insane asylums see Chart., Art. III, sec. 26, clause 3; to provide for support, 
maintenance and confinement of insane persons, Chart., Art. III, sec. 26, clause 13. 


Ord. 22923, approved March 21, 1907, provides for the Maniacal Building on the 
Insane Asylum grounds. 


Sec. 748. Incurable insane—where kept.—Such portion of the 
poor-house as in the opinion of the health commissioner may be necessary, 
shall be fitted up and used for the class of insane termed “incurable,” 
and the health commissioner may from time to time, as he may think 
proper, transfer from the insane asylum in the poor-house this class of in- 
sane; but no person shall hereafter be admitted to the insane department 
of the poor-house who has not been regularly admitted, as provided by this 
article, to the insane asylum. (M. C., sec. 765.) 


See. 749. Health commissioner to regulate the incurable 
insane.— The health commissioner, with the approval of the board of 
health, shall make such rules and regulations for the care and manage- 
ment of the insane in the poorhouse as he may deem necessary. (M. C., 
sec. 766.) 


See. 750. Indigent insane—conditions of admission to asy- 
lum. — Before any citizen shall secure the admission of any indigent 
person to the city insane asylum, he or she shall present to the board of 
health a certificate signed by a physician of the city, duly authorized by the 
laws of the State of Missouri and the ordinances of the city to practice 
medicine, which certificate shall be properly made out in the form and 
manner as prescribed by the board of health, and on the blanks furnished 
for such purpose by said board; accompanying said certificate shall be 
an affidavit sworn to before a notary public or justice of the peace, which 
affidavit shall state the name of the party to be admitted, and that said 
party is insane and destitute of means; and that the natural guardians of 
said party are unable to support said insane person, either at their homes 
or at a private asylum. (M. C., sec. 767.) 


See. 751. Imsane persons, applications for admission of—to 
whom made.—aAll applications for the admission of insane persons 
shall be filed with the health commissioner at least forty-eight hours 


728 REVISED CODE OR GENERAL ORDINANCES. PCHA RP yd; 


previous to a meeting of the board of health. On the filing of said appli- 
cation the health commissioner shall direct an examination of said person 
to be made by a physician of the health department, and the report of 
said physician shall accompany the application then presented to the board 
of health. (M. C., sec. 768.) 


See. 752. Applications to be passed on by board of health. 
The board of health shall carefully examine and pass on said application, 
first as to the insanity of said person, second as to residence of said person, 
and third, as to the truth of the financial condition of the person to be 
admitted. (M. C., sec. 769.) 


Sec. 753. Non-resident insane—rule of exclusion and excep- 
tions. No person not a resident of this city for at least six months 
prior to said person’s application for admittance to the asylum shall be 
admitted to the insane asylum, except when in the opinion of the board of 
health it is necessary for the safety of lives and property of the inhabitants 
of this city that such person should be placed in an insane asylum. (M. C., 
sec. 770.) 


The bringing of insane persons and paupers: into the city by a common 
carrier or owner of a vehicle is a misdemeanor by R. C. 869. As to non-resident 
insane, see sec. 762. As to admission of St. Louis county patients see Scheme, sec.25. 


See. 754. Record of admissions to be kept.—When the board 
of health shall have admitted any person to the insane asylum, the record 
of such action shall be made in their minutes, and the health commissioner 
shall order said person to be admitted, but no one shall be received into 
the insane asylum except on an order of the health commissioner. (M. 
eC ds) 


Sec. 755. Indigent insane from hospitals may be admitted.— 
When any indigent person is found in the hospitals or poor-house of the 
city, who shall be certified by the superintendent and physicians in charge 
as insane, the health commissioner may, if he thinks proper, order the re- 
moval of said person at once to the asylum, and report all facts of said 
case to the board of health; but all such cases shall be first examined by 
two physicians of the health department, and the certificate made out in 
regular form. (M. C., sec. 772.) 


Sec. 756. Dispensary physicians—duty as to insane persons. 
—When application is made at the dispensary to admit any person 
to the hospital or poorhouse, who, in the opinion of the physician in 
charge, is insane, he shall decline to admit such person to the hospital. 
but shall at once report all the facts to the health commissioner, who shall 
take the same action as prescribed in the next preceding section. (M. C., 
sec. 773.) 


Sec. 757. When insane to be taken into custody by 
police.—Whenever any lunatic, idiot or person of unsound mind is found 
by the police unprotected by guardians or friends, and in such condition as 
to endanger the lives and property of the citizens of the City of St. Louis, 
the police shall take such person into custody. (M. C. sec. 774.) 


See. 758. Same—regulations as to disposition of.—The chief 
of police shall furnish the health commissioner the name, age, place of 


\ 


ART. XVI.J) OF HOSPITALS, INSANE ASYLUM AND DISPENSARIES. 729 


residence, length of residence in the city, occupation, locality where said 
person was arrested, the circumstances causing said arrest, and all in- 
formation he may have or can obtain in relation to said person. The 
health commissioner, on receipt of such report from the chief of police, 
shall cause a careful examination to be made of such person by a physician 
of the health department. If, upon such examination, such person is found 
to be of unsound mind, and an unfit person to be at large, the physician 
making such examination shall certify the fact to the health commissioner, 
whose duty it shall be to take charge of such lunatic, idiot or person of 
unsound mind and place said person in the city hospital or insane asylum, 
and to report to the board of health within one week his action thereon, 
and all the facts and information regarding such lunatic, idiot or insane 
person in his possession, or that may come into his possession. (M. C., 
sec. 775.) 


See. 759. Police to deliver insane to city hospital. — The 
chief of police is hereby authorized and directed to deliver any and all 
persons taken into custody by the police on charge, observation or sus- 
picion of insanity or lunacy forthwith to the city hospital, and shall not 
place any such person in the police station or holdover, commonly so-called, 
for detention. For the purpose of conveying such persons to the city 
hospital an ambulance of the health department shall be used, and the 
health commissioner is hereby authorized to provide from the dispensary 
staff a physician who shall accompany the ambulance on such trips and 
render such professional aid as may be required. (M. C., sec. 776.) 


Sec. 760. Regulations as to care of temporarily insane 
at hospital.—The health commissioner is hereby authorized and di- 
rected to provide and bestow suitable and sufficient quarters at the city 
hospital for the reception and due care of all insane persons, or those sup- 
posed so to be, who may be sent there by proper authority for temporary 
treatment, or for detention and observation, pending further inquiry in re- 
lation to the mental condition of such persons. (M. C., sec. 777.) 


Sec. 761. Same — duties of superintendent — commission 
to examine and report.—The superintendent of the city hospital shall 
exercise in all respects the same supervision of these inmates as of other 
patients, observing and recording carefully every symptom or evidence 
of mental derangement and reporting his conclusions in the case _ to 
the health commissioner. In every doubtful case the health commissioner 
shall, within one week after date of patient’s admission, convene a commis- 
sion composed of the superintendent of the city hospital, the superintendent 
of the insane asylum and the chief dispensary physician, who shall care- 
fully examine the persons suspected to be insane and inquire into and con- 
sider all the facts in the case and report their findings to the health com- 
missioner for such action as he shall deem proper under the law, subject 
to the approval of the board of health. (M. C., sec. 778.) 


See. 762. Arrested—non-resident insane—disposition of.— 
Whenever any lunatic, idiot or person of unsound mind may be arrested by 
the police,, and is found to be a non-resident of the city, the health com- 
missioner shall report the facts to the Mayor, who shall, if he thinks proper, 
order the chief of police to cause such persons to be returned to the locality 
to which they belong, and all expenses attending the return of such person 
shall be borne by the city, but if the Mayor is of the opinion that it is not 
practicable to return such person, then the person shall be disposed of as 
provided in section seven hundred and fifty-eight. (M. C., see. 779.) 


730 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 11. 


Sec. 763. Insane persons — examination of required. — All 
insane persons, whether taken up by the police, admitted by the order of the 
board of health or transferred from the hospital or dispensary, shall be 
first examined and certified to as insane by at least one physician of the 
health department. (M. C., sec. 780.) 


Sec. 764. Insane—indigent or pay patients—provisions for.— 
The board of health shall have power to admit to the insane asylum insane 
persons in such cases as it shall appear to the board that the estate of the 
person is inadequate to the care and support of such insane person at a 
private hospital or place for treatment and care of the insane. If it shall 
further appear that said insane person should be placed in restraint, then 
said insane person may be admitted to the asylum as a pay patient, the 
monthly amount to be paid for the care and treatment of said insane 
person to be fixed by the board of health. (M. C., sec. 781.) 


Ord. 21607 (appd. Nov. 18, 1904) authorizes the Health Commissioner with 
the approval of the Board of Health to transfer not over 100 patients from 
the insane asylum to any one of the State Institutions for the care of the insane 
and appropriates money for their maintenance thereat. 


Sec. 765. Removal of restored patients from asylum.— 
Whenever the superintendent of the insane asylum shall be of the opinion 
and belief that a patient of the said asylum has been sufficiently restored 
and cured to permit his being removed from said asylum on probation, 
he may, by and with the consent and approval of the health commissioner, 
permit such removal of any patient by his relatives or near friends, on be- 
ing satisfied that they will properly care for, maintain and look after such 
patient during the time that he is in their charge. (M. C., sec. 782.) 


Sec. 766. Re-admission of patients.— Should such patient, so re- 
moved, suffer a relapse while out of the asylum, he may be returned to said 
asylum and may be again received as an inmate thereof, if, upon an ex- 
amination made by the superintendent of the insane asylum, or some phy- 
Sician under his direction, it is found that such patient should not longer 
be permitted to be at large. (M. C., sec. 783.) 


FIVE—DISPENSARIES. 


Sec. 767. Dispensaries—may be established.—The health com- 
missioner may, with the approval of the board of health, establish a dispen- 
sary at his office and elsewhere, for the purpose of dispensing medical 
advice and medicines to such applicants as are sick and indigent. (M. C., 
sec. 784.) 


Sec. 768. Duties of chief dispensary physicians as to jail— 
medicines. — The chief dispensary physician shall have charge and 
care of the health of the inmates of the jail, but all medicines needed for 
the jail shall be purchased by the commissioner of supplies, and paid out 
of the appropriation for the jail. (M. C., sec. 785.) 


Sec. 769. Salaries of apothecaries.— When dispensaries are estab- 
lished and opened, as provided by ordinance, the salaries of the apothe- 
caries shall be eight hundred dollars per annum, payable monthly. (M. 
C., sec. 786.) 


Sec. 770. Medicines for indigent persons.—For the relief of sick 
and indigent persons the health commissioner shall have power to furnish 
medicines on the prescriptions of the dispensary physicians, and may make 


ART. XVII.] OF POORHOUSE. 731 


such arrangement as he may think proper for the filling of these prescrip- 
tions; the cost of said prescriptions shall be paid out of the fund appro- 
priated for the city dispensary. (M. C., sec. 787.) 


ARTICLE XVII. 


OF POORHOUSE.* 


*See Charter provisions Art. I, Sec. 1; Art. III. Sec, 26, subd. 3, 13. 


Sec. 771. Poorhouse established. The building known as the 
“county poor-house,” situated on Arsenal street, and acquired by the City 
of St. Louis by the ratification of the scheme and charter, is hereby estab- 
lished and shall be known as the Poorhouse of the City of St. Louis, and 
shall be kept for the reception and accommodation of the indigent and de- 
crepit persons who, from physical inability or from any other cause, are in- 
capacitated from supporting themselves, and such only shall be placed 
therein, by competent authority. (M. C., sec. 788.) 


Sec. 772. Health commissioner has supervisory control.— 
The health commissioner shall have the general supervision and manage- 
ment of the Poorhouse, and shall exercise a general control over all the 
officers and employes connected with or employed at the same. He shall 
make all necessary rules and regulations for the government and manage- 
ment of the Poorhouse subject to the approval of the board of health. He 
shall appoint all assistants except the superintendent, determining the 
number to be employed, whether male or female. He shall examine all 
accounts against the Poorhouse, and, if he finds them correct shall so cer- 
tify. All such accounts when so certified, shall be audited and paid as 
provided by the charter. (M. C., sec. 789.) 


Sec. 773. Conditions of admission.—The health commissioner 
shall prescribe the conditions for admission to and discharge from the 
poorhouse, subject to the approval of the board of health, but no person 
shall be admitted to the poorhouse as an inmate who shall not have re- 
sided in the City of St. Louis at least one year next preceding the date of 
‘application for admission. (M. C., sec. 790.) 

The bringing of paupers and insane persons who are likely to become a charge 


on the city, into the city, is made a misdemeanor as to certain persons by 
He, Co sec: 869: 


As to admission of paupers from St. Louis county see Scheme, sec. 25. 


Sec. 774. Rules of admission—inmates to be employed.— 
In shall be the duty of the health commissioner to make such rules and 
regulations as shall be approved by the board of health as will establish 
a system whereby the persons admitted to the poorhouse shall respectively 
earn what they receive to the extent of their ability; provided, that this 
sction shall not be so construed as to exclude from the poorhouse such 
indigent persons entitled to admission as may be unable to work; provided, 
also, that no minor in good health, over eight years of age, shall be main- 
tained at the poorhouse. (M. C., sec. 791.) 

Seq R. C. sec. 716. 


Sec. 775. Health commissioner to report conditions an- 
nually. It shall be the duty of the health commissioner to report to the 
municipal assembly, at its first ‘session in each year, a particular and de- 
tailed account of the affairs of the poorhouse, together with such sugges- 
tions or recommendations as may to him seem proper. (M. C., sec. 792.) 


732 REVISED CODE OR GENERAL ORDINANCES. fCHAP. tae 


Sec. 776. Office of superintendent created.—There is hereby 
created and established the office of superintendent of the poorhouse. (M. 
C., sec. 793.) 


Sec. 777. Same—appointment and term.—The superintendent of 
the poorhouse shall be appointed by the Mayor and confirmed by the 
council, and shall hold his office for four years and until his successor is 
appointed and qualified. (M. C., sec. 794.) 


Sec. 778 Powers and duties of superintendent—discharge 
of employes. — The superintendent of the poorhouse shall have the 
general management of the poorhouse and control of all employes thereat. 
He shall have power to suspend or discharge any employe for neglect of 
duty or gross violation of the rules and regulations. When he shall so sus- 
pend or discharge any one he shall immediately report the fact of such sus- 
pension or discharge, and the cause thereof, to the board of health, which 
shall take such action .in the matter as shall to it seem proper. He shall 
execute and carry out all rules and regulations which may be made by 
the health commissioner, approved by the board of health, and shall be re- 
sponsible for the care and welfare of the inmates of the poorhouse. (M. C., 
sec. 795.) 


Charter, Art. IV, sec. 14, provides that “the assistants of any officer may be 
removed by the officer under whom they work, at his pleasure.” If the em- 
ployes are assistants of the superintendent the limitation of his right to discharge 
is void as narrowing his charter power; if they are assistants and work under 
the Health Commissioner who appoints them there are two officials who may 
remove—the latter at pleasure, the former conditionally for cause. A number 
of considerations seem to suggest the latter as probably a better construction; 
but there seems room for question. It would seem strange if there were two 
officers within the Charter meaning, to each of whom the employes were ‘as- 
sistants’” and “under whom they work” so as to authorize a discharge at the 
pleasure of either, when it seems that the ordinances contemplated such power in 
neither. 


Sec. 779. Bond of superintendent.—The superintendent of the 
poorhouse shall give bond to the city in the sum of ten thousand dollars, 
conditioned upon the faithful discharge of his duties, and accounting for 
all property of the city which may come into his possession or under his 
control. Said bond shall be secured by two or more sureties, who shall 
be owners of unincumbered real estate in the city, and shall be approved 
by the Mayor and council. (M. C., see. 796.) 


See. 780. Qualifications and residence, — The superintendent 
shall possess all the qualifications prescribed in section ten, article four, 
of the charter. He shall reside at the poorhouse, and shall receive his 
board and washing at the poorhouse. He shall devote all his time to 
the discharge of the duties of his office. (M. C., sec. 797.) 


Sec. 781. Salary. — The salary of the superintendent of the poor- 
house shall be at the rate of fifteen hundred dollars per annum, payable 
monthly, which sum shall be in full for all services of an official nature. 
(M. C., sec.. 798.) 


Sec. 782. Dairy at poorhouse established—milk how used. 
—The health commissioner is hereby directed to establish a dairy on the 
grounds of the city poorhouse, which dairy shall be managed as provided 


ART. XAVII.] Oly POORHOUSE. 733 


for by this article, and the milk derived from this dairy shall be used, first, 
for the supplying of the poorhouse, and as far as possible the other insti- 
tutions of the health department. (Ord. 20952, sec. 1.) 


See. 783. Dairy stable and how constructed.— After the pas- 
sage and approval of this article the health commissioner shall make a 
requisition on the board of public improvements, to have constructed un- 
der the supervision of the building commissioner, a dairy stable which 
shall have a capacity for one hundred cows. This dairy stable shall in all 
respects be constructed in the manner as prescribed in section five hundred 
and forty-four, of article nine, chapter eleven of the Municipal code of 
nineteen hundred [now section 519 of Revised Code], and it shall so be 
placed on the grounds of the poorhouse that the liquid waste from said 
stable can be carried off into the sewers through two intervening catch 
basins of a plan to be approved by the president of the board of public im- 
provements. (J/b., sec. 2.) 


Sec. 784. Appointment of help for dairy.—The health com- 
missioner shall appoint all the necessary help for the caring of this dairy, 
in the same manner as he makes appointments of the emploves of the poor- 
house. (Jb. sec. 3.) 


Sec. 785. Purchase of cows. — After the completion of the dairy, 
the health commissioner shall make a requisition on the commissioner of 
supplies for the purchase of sixty-five cows, and may afterwards, from time 
to time, make a requisition for additional cows whenever the same is ap- 
proved of by the comptroller; the purchase of these additional cows to be 
paid for out of the funds that may accumulate to the credit of the dairy.— 
(Ib. sec. 4.) 


Sec. 786. Price of milk fixed by comptroller.—All milk 
produced by the dairy and consumed by the poorhouse will be paid for at a 
price to be fixed by the comptroller, and whenever any milk is sold to the 
other institutions of the city the same price will be charged to those insti- 
tutions. (Jb. sec. 5.) 


Sec. 787. Receipts and expenses of dairy.—All receipts from 
the sale of milk from the city institutions shall be placed to the credit of 
a fund to be known as “The St. Louis Poorhouse Dairy Fund,” and all ex- 
penses such as salaries, feed and purchase of new stock, will be paid for 
out of said fund, and at the end of each year the balance remaining to the 
credit of this fund shall be returned into the general revenue of the city. 
(1b. sec. 6.) 


Sec. 788. Employes and salaries—inmates perform duties. 
The salaries of the employes shall be as follows: One head dairyman, 
who shall have charge of the dairy under the supervision of the superin- 
tendent of the poorhouse, fifty-five dollars per month; assistants, thirty- 
five dollars per month; not to exceed at any time three in number, and as 
far as possible such inmates of the poorhouse as are capable of performing 
work in the dairy, will be assigned to duty there by the superintendent. 
(Ib. sec. 7.) 


Sec. 789. Disposition of cows becoming dry.—W henever any 
of the cows belonging to the dairy become dry, and in the opinion of the 
health commissioner should be disposed of, he may, with the approval of 


734 REVISED CODE OR GENERAL ORDINANCES. (CHAP, 41; 


the comptroller, exchange these cows for others, and in addition pay such 
sums as may be deemed fair and proper in the exchange for fresh cows.— 
(Ib., sec. 8.) 


Sec. 790. Separate accounts kept — monthly statement— 
extraordinary expenses to be approved by comptroller. 
All of the accounts connected with the poorhouse dairy shall be kept in a 
separate account on the books of the St. Louis poorhouse, and a monthly 
statement of the expenses and the amounts received from the sale of milk 
shall be forwarded monthly to the comptroller. No extraordinary expense 
shall be made on account of this dairy, unless the same shall be approved 
by the comptroller. (J0., sec. 9.) 


Sec. 791. Cows to be examined and treated by veterinary 
surgeons, — All cows purchased for the use of the dairy at the city poor- 
house shall be examined by the veterinary surgeons of the health depart- 
ment and the veterinary surgeons of the health department shall give med- 
ical attendance for these cows whenever ordered to by the health commis- 
sioner. . (Jb., sec. 10.) 


ARTICLE XVIII. 


OF REGULATIONS CONCERNING CONTAGIOUS, INFECTIOUS AND PESTILENTIAL 
DISEASES. * 


*See Chap. 11, Art. XIX of quarantine; for charter authority for these ordi- 
nances see Chart., Art. III, sec. 26, clause 6, conferring power to prevent intro- 
duction and spread of contagious diseases; and powers of Health Commissioner 
and Mayor in case of epidemics, Charter, Art. XI, sec. 8. As to restriction by 
Charter of treating patients sick with smallpox, cholera or plague, unless author- 
ized by ordinance, see Charter, Art. III, sec. 35. 


Sec. 792. Physicians to report smalipox, ete.—It shall be the 
duty of each and every practicing physician of the City of St. Louis to 
immediately report to the health commissioner of the city each case of 
smallpox, typhus fever, croup, cerebro-spinal fever, diphtheria, erysipelas, 
measles, puerperal fever, scarlatina, typhoid fever, yellow fever, whooping 
cough, cholera and chicken-pox which he may see or to be called upon to 
attend within the limits of the city. (M. C., sec. 799.) . 


A similar ordinance held valid but not applicable to a Christian Scientist 
because not a “physician’’: Kansas City vs. Baird, 92 Mo. App. 204. 


Sec. 793. Same—name and location.—In reporting cases of con- 
tagious, infectious and pestilential diseases, the physician shall be required 
to give the name and residence (street and number), age and color, of each 
case. (M. C., sec. 800.) 


Sec. 794. When house not placarded—duplicate report re- 
quired. — In cases of typhus fever, smallpox, diphtheria, scarlatina and 
cholera where the house is not placarded within thirty-six hours after the 
first report, duplicate report must be made. (M. C., sec. 801.) 


Sec. 795. Report when disease has terminated. — Whenever 
any case of diphtheria, scarlatina, cholera, typhus fever, typhoid fever, 
smallpox and cerebro-spinal fever has terminated and there are no other 
cases in the same house, the physician last attending such case shall report 
immediately the fact to the health commissioner, so said premises may be 
disinfected. (M. C., sec. 802.) 


e § 
ART XVIII.] OF CONTAGIOUS, INFECTIOUS AND PESTILENTIAL DISEASES. 735 


Sec. 796. Penalty for failure to observe ordinances.—Any 
physician violating any of the provisions of this article, or failing to per: 
form the duties required of him by this article, shall be deemed guilty 
of a misdemeanor, and upon conviction, shall be fined not less than fifty 
nor more than two hundred and fifty dollars, to be recovered for the use 


of the City of St. Louis before any court having competent jurisdiction — 
(M. C., sec. 803.) 


Sec. 797. Blanks for reports to be furnished. — The health 
commissioner shall furnish the proper blank form on which to make the 
reports, as required by this article. (M. C., sec. 804.) 


Sec. 798. Buildings—when placarded.—Whenever any physician 
shall report to the health commissioner any case of smallpox or contagious 
disease in any dwelling or building in the city, the health commissioner 
Shall have the power, whenever in his opinion it is necessary, to cause to 
be placed on the outside of any building or dwelling, or door of any room, 
a printed placard giving notice of the existence of such contagious disease. 
Any person who shall remove such placard placed by order of the health 
commissioner shall be deemed guilty of a misdemeanor, and upon convic- 
ee be fined not less than five nor more than twenty-five dollars. (M. C., 

5.) 


Sec. 799. Parents and guardians—penalities.—The parents or 
guardians of children attending any private or public school, who shall 
permit them to attend school after it becomes known to said parents or 
guardians that any of their family are infected with any infectious or con- 
tagious disease, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined in a sum not less than five nor more than ten 
dollars. (M. C., sec. 806.) 


Sec. 800. Teachers— penalties. — Any principal or teacher of any 
private or public school in the City of St. Louis, having official or authentic 
information of the existence of any infectious or contagious disease in the 
family of any pupil attending said school, shall immediately cause the re- 
moval of said pupil from said school, and until he (or she) shall have 
undoubted proof of the premises where the family reside being disinfected 
and the disease eradicated. Any failure on the part of any principal or 
teacher complying with the provisions of this article, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof be fined in a sum not less 
than five nor more than ten dollars. (M. C., sec. 807.) 


Sec. 801. Contagious diseases—persons afflicted to be re- 
moved to hospital.—Whenever the health commissioner shall become 
apprised or informed that any person or persons residing in any hotel, 
boarding-house or tenement house within the limits of the City of St. Louis 
are suffering from any malignant, infectious or contagious disease, which 
in his opinion or in the opinion of any medical officer of the health depart- 
ment, may endanger the lives of the citizens, it shall be his duty to make or 
cause to be made an examination of the said person or pesons and the 
disease they are suffering from or afflicted with, by a physician or physi- 
cians of the health department, and from and after such examination, if 
he shall deem the same necessary, he shall cause said person or persons to 
be removed from the said hotel, boarding-house or tenement house to the 
hospital provided by the city for the treatment of all such diseases, and 


736 REVISED CODE OR GENERAL ORDINANCES. (CHAPS 


if force be found necessary in causing the removal of persons suffering 
from such malignant, infectious or contagious disease, the health commis- 
sioner shall have the power and authority to use force if he should deem 
the same necessary or judicious. (M. C., sec. 808.) 


See. 802. Diseased persons may be removed from dwell- 
ings, ete. —Wheneyver the health commissioner shall become apprised or 
informed that any person or persons residing in any private residence, 
house or dwelling within the limits of the City of St. Louis, are suffering 
from any malignant, infectious or contagious disease which in his opinion, 
or in the opinion of any medical officer of the health department, may 
endanger the lives of citizens, and which from the surroundings of the 
premises, the size of the house and number of persens residing therein 
would make it impossible to isolate the said person or persons so afflicted 
from all connection or contact with other persons residing in the same 
house (except the nurses), it shall be his duty to make or cause to be made 
an examination of the premises and surroundings, and also an examination 
by a medical officer or officers of the health department of the said person 
7 persons, and the disease they are suffering from or are afflicted with, 
and from and after such examination of the premises and the person or per- 
sons, if he shall deem the same necessary, he shall cause said person or per- 
sons to be removed from said private residence, house or dwelling to the 
hospital provided by the city for the treatment of all such diseases; and 
if force be found necessary in causing the removal of such person or per- 
sons suffering from such malignant, infectious or contagious disease the 
health commissioner shall have the power and authority to use the same if 
he should deem it necessary or judicious; provided, that the health commis- 
sioner shall permit one or more members of the family of such sick person 
or persons to accompany the sick person or persons to the hospital, there 
to remain as a nurse or nurses until such sick person or persons are dis- 
charged from the hospital. (M. C., sec. 809.) 


Sec. 803. Residences, etc., to be disinfected — when. —When 
ever any residence, or portion of the city to the extent of one residence, 
or one or more blocks or squares of ground, shall, in the opinion of the 
health commissioner, be infected with any malignant or infectious or con- 
tagious disease, he shall have the power, by and with the approval of the 
board of health, to cause the said residence, block or blocks or squares of 
ground to be vacated by the residents or inhabitants thereof for the pur- 
pose of disinfecting or fumigating the same, or if this is not deemed e¥- 
pedient or judicious by the health commissioner, he shall have the power 
and author ity to close up the street or streets in front of and surrounding 
the said residence, block or blocks or squares of ground, and prohibit the 
residents and inhabitants of the said residence, block or blocks or squares 
of ground, from passing in or out, to or from, said premises, except un- 
der such rules and regulations as may be prescribed by the health commis- 
sioner and approved by the board of health, and to continue and remain 
so until the health commissioner or the board of health shall order the 
restriction removed. (M. C., sec. 810.) 


Sec. 804. Notice of existence of contagious disease, to be 
given, — The keepers of all hotels and boarding houses, and the agents 
and owners of all tenement houses or private residences or dwelling 
houses, having any person or persons in their hotel, boarding houses, tene- 
ment houses or private residence or dwelling houses suffering from or 
afflicted with any malignant, infectious or contagious disease, after they 


ART. XVIII.] OF CONTAGIOUS, INFECTIOUS AND PESTILENTIAL DISEASES. 737 


shall have become acquainted with the fact, or are apprised of the same, 
shall immediately notify the health commissioner at his office, in the city 
hall, stating the name of the person or persons so afflicted, their age and 
residence or location, and such other facts or information as they may be 
in possession of. Any such keeper, owner or clerk of any hotel or board- 
ing house, or any such agent or owner of any tenement house, private res1- 
dence or dwelling house, failing to notify the health commissioner of any 
person or persons being afflicted with any malignant, contagious or in- 
fectious disease, after having become aware, apprised or informed of the 
same, Shall be deemed guilty of a misdemeanor, and upon conviction 
thereof before either of the police justices of the City of St. Louis, shall 
be fined in a sum not less than twenty nor more than one hundred dollars, 
to be collected and paid as other fines for misdemeanors now provided for 
by law. (M. C., sec. 811.) 


Sec. 805. Reports to publie library. It is hereby made the 
duty of the health commissioner, whenever any house is posted by the 
health department as having a contagious disease therein, immediately to 
notify the public library board thereof; and such report to the library 
board of the houses so posted shall be made daily by the health commis- 
sioner.- (M. C., sec. 812.) 


Sec. 806. Books, ete., of publie library in house placarded. 
—Whenever any notice of contagious disease is posted upon any house by 
the health department, the agent of said department putting up said no- 
tice shall inquire at the time if the house contains any books, periodicals 
or pamphlets belonging to the public ibrary, and shall thereupon demand 
and take immediate possession of said book, periodical or pamphlet, and 
remove the same to the office of the health department and the health 
commissioner shall immediately notify the public library, giving the num- 
ber and name of the book, periodical or pamphlet, and the house where 
received; and the health commissioner shall immediately cause said books, 
periodicals or pamphlets to be disinfected and returned to the library. 
(M. C., sec. 813.) 


See. 807. Penalty. — Any person in whose family there is a con- 
tagious disease who does not promptly report and surrender to the health 
commissioner any book, periodical or pamphlet belonging to the public 
library, shall be deemed guilty of a misdemeanor, and shall, upon con- 
viction, be punished by a fine of not less than five dollars nor more than 
twenty-five dollars. (M. C., sec. 814.) 


See. 808. Duty of police department to give notice. — It 
shall be the duty of the police department to notify the health cominis- 
sioner of the existence of any malignant, infectious or contagious disease, 
whenever or wherever they, in their judgment, consider or believe the 
same to exist, and also to assist the health commissioner or his officers 
or employes, whenever called upon to do so, while in the discharge of their 
duties, by virtue of the provisions of this article. (M. C., sec. 815.) 


Sec. 809. Penalty for interfering with commissioner.—Any 
person or persons violating any of the provisions of this article, or inter- 
fering with or hindering or obstructing the health commissioner, or his 
officers or employes, in the exercise of their authority or duties as pro- 
vided by this article, shall be deemed guilty of a misdemeanor, and upon 


738 REVISED CODE OR GENERAL ORDINANCES. CORA Beatie 


conviction thereof before either of the police justices of the city, shall 
be fined in a sum not less than twenty nor more than one hundred dollars, 
to be collected and paid as other fines for misdemeanors as now provided for 
by law. (M. C., sec. 816.) 


See. 810. Consumption communicable disease—measures for 
prevention to be prepared and rules distributed.—Consumption, 
whether classified as “tuberculosis of the lungs,” “phthisis pulmonalis,” 
“tubercular phthisis,’ “tubercular consumption,’ ‘pulmonary con- 
sumption,” “tubercular broncho-pneumonia,’ or however nominated, 
is hereby declared to be a communicable disease, and the _ health 
commissioner, with the approval of the board of health, shall prepare rules 
prescribing essential measures for preventing the spread of the disease 
and promoting its arrest or recovery. He shall cause a printed copy of such 
rules to be distributed in every case occurring within the limits of the City 
of St. Louis of whose existence he may have information. (Ord. 22024, 
sec. 1.) 


See. 811. Attending physician to make examination of spu- 
tum—report to health commissioner. — It shall be the duty of each 
and every physician in the City of St. Louis, when called to attend any pa- 
tient residing in the City of St. Louis who has symptoms of tuberculosis, to 
promptly make or cause to be made a miscroscopical examination of the 
sputum of such patient. If this examination or the clinical evidence demon- 
strate tuberculosis, the physician shall at once report the case to the health 
commissioner, giving name of patient, occupation, residence, place of em- 
ployment, age, sex, nationality and social condition, and a record shall be 
kept of such reports, which shall be accessible only on order of the health 
commissioner. (Jb., sec. 2.) 


Sec. 812. Health commissioner to examine premises—take 
notes—distribute rules.—Whenever the health commissioner shall have 
information from the attending physician of the existence of any case of 
consumption in the city he shall cause the premises to be examined, and 
have notes taken of the sanitary condition of the same, the number of per- 
sons living in the house, and whether the patient occupies a room by him- 
self or herself, or with others; and he is hereby directed to furnish in each 
case, directly or through the physician (when one is in charge), a copy of 
the rules in relation to the management of the sanitary features and sur- 
roundings of the case as herein provided for. (Jb. sec. 3.) 


See. 818. Premises not to be placarded for consumption.— 
Houses in which there are cases of consumption shall not be placarded for 
that disease. (Jb. sec. 4.) 


See. 814. Proceedings where no physician is in charge. 
When a case of supposed consumption is reported to the health commis- 
sioner, and no physician is in charge, the health commissioner may appoint 
a city physician to examine and report the same. If the clinical evidence 
or a microscopical examination of the sputum of such patient demonstrate 
tuberculosis, the health commissioner shall furnish to the patient, or to the 
patient’s nearest relative, friend or caretaker, a printed copy of directions 
as to the best means of preventing the spread of the disease and promoting 
recovery. He shall instruct the inspectors of the health department to re- 
port whether directions and instructions are obeyed. (Jb. sec. 5.) 


ART. XIX.] OF QUARANTINE. 739 


Sec. 815. Examination of sputum under direction of com- 
missioner. —The health commissioner shall have the power to cause a 
microscopical examination to be made of the sputa of persons having symp- 
toms of tuberculosis, whenever it be requested by the attending physician or 
by the city physician detailed to examine the case, and he shall have the 
power to order said examination to be made by any competent person in 
the employ of the health department, and such person so employed shall 
promptly make the examination and a report thereof, free of charge. When 
such persons shall have completed this examination, the result shall be re- 
ported in duplicate, one copy to be forwarded to the physician upon whose 
application the examination was made and the other to the health commis- 
sioner. (Jb. sec. 6.) 


See. 816. Disinfection of rooms of consumptives—nuisance 
when not disinfected.—Rooms that have been occupied by consump- 
tive patients shall be thoroughly cleaned and disinfected as soon as the case 
has terminated, or been removed, permanently or temporarily. This may 
be done under the direction of the attending physician, but such disinfec- 
tion and cleaning must be done in accordance with the rules of the health 
commissioner, and the physician must report to the health commissioner 
how and when this cleaning and disinfection were done. Upon application 
to the health commissioner, all apartments that have been recently occupied 
by cases of consumption will be disinfected free of charge. Premises not 
disinfected as provided by this section are hereby declared to be a nuisance 
and detrimental to the public health. (Jb. sec. 7.) 


See. 817. Penalty for disobeying consumption ordinance— 
misdemeanor. — Any physician failing to comply with any of the pro- 
visions of the seven preceding sections or any person or persons resisting 
the enforcement of any of the provisions thereof shall be deemed guilty of a 
misdemeanor, and upon conviction shall be fined not less than fifty nor more 
than two hundred and fifty dollars, to be recovered for the use of the City 
of St. Louis before any court having competent jurisdiction. (Jb. sec. 8.) 


ARTICLE XIX. 


OF QUARANTINE. 


See. 818. Health commissioner to prescribe regulations,— 
The health commissioner, by and with the approval of the board of health, 
is hereby authorized and empowered to establish and enforce special or gen- 
eral quarantine regulations within the limits of the city, whenever, in his 
judgment, the sanitary interests of the city demand the same. (M. C., 
sec. 817.) 


Quarantine Regulations.—Charter XII., secs. 4 and 8; also Art. III., sec. 26, 
clause 6. The act of the legislature authorizing the City of St. Louis to make 
quarantine regulations is not a delegation of legislative power and such ordi- 
nances are not against the constitution of the state or of the United States. Par- 
ticular quarantine regulations held valid in Metcalf vs. St. Louis, 11 Mo. 103. An 
ordinance of St. Louis prescribing that boats coming from below Memphis, hav- 
ing had on board at any time during the voyage more than a specified number 
of passengers, should remain in quarantine not less than forty-eight hours nor 
more than twenty days is not against the commerce clause of the U. S. Consti- 
tution; St. Louis vs. McCoy, 18 Mo. 238; St. Louis vs. Boffinger, 19 Mo. 1. The right 
to quarantine does not confer the power to seize and use for hospital purposes 
private property without compensation: Barton vs. Odessa, 109 Mo., App. 76, 
relying on Dooley vs. Kansas City, 82 Mo. 444. 


740 REVISED CODE OR GENERAL ORDINANCES. (CHAPS LL 


Sec. 819. Application of regulations. — Quarantine regulations 
are hereby defined to apply as follows: First, to all passengers and their 
baggage; second, to passengers or baggage respectively; third, to freight 
of any one kind or character, or different varieties of freight differing in 
kind, character, substance or material; the extent of the inhibition or pro- 
hibition upon passengers or freight coming from any part of the United 
States into the city shall be determined by the health commissioner and 
approved by the board of health, and when so determined and approved it 
shall be made of record in the proceedings of the board. (M. C., sec. 818.) 


Sec. 820. Epidemic—quarantine against section affected by. 
—Whenever the health commissioner shall be in possession of reliable and 
satisfactory information that any malignant, infectious or contagious dis- 
ease is epidemic in any portion of the country with which the city has com- 
munication, he may establish and enforce quarantine regulations against 
such portion of the country, and he may determine and regulate to what 
extent, in what manner, and by whom any communication or business trans- 
actions may be had with such portion, either by the citizens of such portion 
of the country or of the city, and he shall establish such stringent and neces- 
sary rules and regulations as may be required to prevent the introduction 
or spread of such disease; and to that end he is hereby authorized to em- 
ploy such persons as he may deem necessary; and, all the actions of the 
health commissioner under the provisions of this section must be approved 
by and recorded in the proceedings of the board of health, otherwise the 
health commissioner shall have no power to act in the premises. (M. C., 
sec. 819.) 


Sec. 821. Notice to be given—failure to observe is misde- 
meanor—penalty. — Whenever the health commissioner shall declare 
that any malignant, infectious or contagious disease is prevalent in an epi- 
demic form in any portion of the country, and the same is approved by the 
board of health, he shall immediately, or as soon thereafter as possible, 
notify in writing every express company, transfer company, teamster, 
steamboat company or water craft and railroad company doing business 
at the wharf, or in the city and engaged in the transportation of freight and 
passengers to or from the city to any portion of such country, through their 
representatives or principal officers or masters, owners, managers, con- 
ductors, teamsters or directors, that quarantine regulations have been es- 
tablished and will be rigidly enforced against such portion of the country, 
stating the method and condition by and upon which they may transmit 
or carry passengers or freight to or from the city, and also the kind or 
character of freight that is prohibited from entering the city, and all other 
regulations that may have been established by the health commissioner and 
approved by the board of health in relation to the subject-matter. Every 
officer, master, manager, owner, director, conductor or teamster of any ex- 
press company, transfer company, team, steamboat company or other water 
craft and railroad company, after having received such notice, failing or 
refusing in whole or in part to comply with the restrictions and conditions 
of the quarantine regulations as established by the health commissioner 
and approved by the board of health, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof before either of the police justices of 
the city, shall be fined in a sum not less than fifty nor more than five hun- 
dred dollars, to be collected and paid as other fines and penalties for mis- 
demeanors, as now provided for by law. (M. C., sec. 820.) 


ART. XIX. ] OF QUARANTINE. 741 


Sec. 822. Epidemic—landing of freight or passengers from 
district iradted by, without permit, forbidden—misdeme: mor. 
—No steamboat or other water craft, or railroad train, consisting of locomo- 
tive and one car or more, coming from any portion of the country infected 
with any malignant, infectious or contagious disease in an epidemical form 
and bound for. the city, shall land at the wharf or discharge its freight or 
passengers within the limits of the city, without first having obtained <¢ 
permit to do so, from the health commissioner, or some other officer Rei) 
nated by him; and any captain, owner or master or conductor of any steam- 
boat or other water craft or railroad train, landing at the wharf or dis- 
charging freight or passengers within the city, without first having ob- 
tained a permit as heretofore designated, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof before either of the police justices 
of the city, shall be fined in a sum not less than fifty nor more than five 
hundred dollars, to be collected and paid as all other fines for misdemeanors 
as now provided for by law. (M. C., sec. 821.) 


See. 823. Persons to be sent to quarantine,—All emigrants, 
passengers or other recently from shipboard or elsewhere, and all sick, dis- 
eased or unclean persons, with their baggage and stores, may, on their ar- 
rival in the city be sent to the quarantine station provided by the city 
for such purposes, whenever, in the opinion of the health commissioner, the 
same is deemed necessary by him and approved by the board of health. 
(M.°C., sec. 822.) 


See. 824. Promulgation of quarantine regulations.— Whenever 
an order of the health commissioner in relation to the quarantine regula- 
tions of the city is approved by the board of health, a copy of the same 
shall be made out and attested by the clerk and presiding officer thereof, 
and transmitted to the board of police commissioners, who shall enter the 
same of record upon the minutes of the board, and shall cause a copy of the 
same to be transmitted to the commanding officer of each police district 
and sub-district, and such commanding officer shall cause said order to be 
read at least twice to the officers and patrolmen of the force at each district, 
and the board of police commissioners are further directed to instruct the 
officers of the force to aid and assist the health commissioner, or any officer 
or employe designated by him in the enforcement of the quarantine regula- 
tions whenever requested to do so. (M. C., see. 823.) 


See. 825. Penalties.—Any person or persons failing or refusing to 
comply with the quarantine regulations of the city, as established by the 
health commissioner and approved by the board of health, or any person 
or persons resisting by force or otherwise, the enforcement of the quaran- 
tine regulations in the city, established and approved as aforesaid, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, before 
either of the police justices of the city, shall be fined in a sum not less than 
ten nor more than five hundred dollars for each offense. (M. C., sec. 824.) 


Sec. 826. Location of quarantine.—The grounds purchased by the 
City of St. Louis from Augustus Langkopt, by deed bearing date July seventh, 
eighteen hundred and fifty-four, are hereby established as a permanent 
quarantine station for the city, and there shall be established and main- 
tained at said station a permanent hospital for the reception and accommo- 
dation of such persons, emigrants or others as may be placed therein by 
proper authority. (M. C., sec. 825.) 


742 REVISED CODE OR GENERAL ORDINANCES. (CH Aro, 


= 


ARTICLE XX. 
OF MORTUARY RECORDS. 


Sec. 827. Physicians to make death certificates—duties of 
sexton, etc. — failure is misdemeanor—penalty. — Every physi- 
cian who is legally authorized by the ordinances of the city to practice 
medicine in the city shall, when a patient dies under his or her care, 
make out certificates in duplicate in the form and in the manner as the 
health commissioner may prescribe, and on the blank form furnished by 
said health commissioner; which certificate shall state the name, age, sex, 
color, place of birth (when known), the exact locality and date of death 
together with the name of the disease or cause from which such person 
died; which certificates said physician shall cause to be deposited, without 
delay, in the office of the health commissioner. One of said certificates shall 
be registered and filed in the office of the health commissioner; the other, 
after being signed by the health commissioner or his clerk, shall be deliv- 
ered to the undertaker of the funeral or to a member of the family of the 
deceased, said certificate to be delivered to the overseer or sexton or person 
in charge of the graveyard or cemetery in which the body is to be buried. It 
shall not be lawful for any overseer, sexton, or other person who may have 
charge or control of any graveyard or cemetery in the city, to receive said 
certificate or allow anybody to be buried in any graveyard or cemetery 
under their charge or control unless said certificate shall have been coun- 
tersigned by the health commissioner or his clerk; and in no case shall any- 
body be received in any graveyard or cemetery in the city unless accom- 
panied by a certificate countersigned by the health commissioner or his 
clerk. If any physician, undertaker, overseer or sexton of a graveyard, or 
other person, fail to make such report, or fail to comply with any or all of 
the provisions of this section, he, she, or they, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less than 
twenty-five nor more than five hundred dollars, to be recovered for the use 
of the city, as in other cases of misdemeanor, in any court having com- 
petent jurisdiction; and where any physician shall fail or refuse to make 
and deposit such certificate as provided in this section, the health commis- 
sioner shall cause inquiry to be made as to the cause of the person’s death, 
and if he shall find that such person died from natural causes, he shall issue 
and sign certificates stating the facts, and on which certificate the body 
may be buried. (M. C., sec. 826.) 

Christian Scientist is not a physician: Kansas City vs. Baird, 92 Mo. App. 204. 
See the charter provision on this subject, in Art XII., sec. 10 (the penalty is 
there fixed at five dollars); see also secs. 11 and 12 of same Art. of Charter. 
These charter provisions form the basis of this and the ordinance sections follow- 


ing hereinafter. There may be perhaps some question as to the authority of the 
city to increase the penalties fixed by the Charter. 


Sec. 828. Death without medical attendance—when health 
commissioner to give certificate. —Whenever a permit for burial is 
applied for in a case of death without the attendance of a regular physician, 
or if it is impossible to obtain the physician’s certificate, the health com- 
missioner shall investigate the case so far as may be necessary, and when he 
has obtained satisfactory evidence in relation to the cause and circum- 
stances of the death, he shall make out and sign the certificates and give the 
required permit; if not satisfied in relation to the cause and circumstances 
of the death, he shall report the case to the coroner of the city for his inves- 
tigation; and upon such report by the health commissioner, it shall be the 
duty of the said coroner to investigate the case and make out and sign the 
certificate. (M. C., sec. 827.) 


ART. XX.] OF MORTUARY RECORDS. 743 


Sec. 829. Burials or removals prohibited without report of 
death.— No person shall bury or place in a tomb or remove from the city 
or otherwise dispose of the body of any human being who shall die in the 
city, or shall be brought to this city for burial, without first reporting the 
death-to the health commissioner and obtaining a permit from him for the 
burial of the body of such person. (M. C., see. 828.) 


Sec. 830. Reports to be made by sextons, ete. — All over- 
seers, Ssextons or other persons who may have control over public grave- 
yards in the city shall make a weekly report to the health commissioner of 
all interments during the week in the graveyard whereof they are such 
overseer or sexton respectively. Said report shall specify the names and 
ages of the persons interred, sex, color and place of birth, and exact lo- 
cality and date of death, and also the diseases of which said persons died, 
and the name and residence of the physician who signed the certificate. 
(M. C., sec. 829.) 


See as to this section Charter Art. XII., sec. 11, which it tracks. 


Sec. 831. Penalty for interment without certificate.—lIf any 
overseer, sexton or other person having control of a graveyard shall permit 
any person to be interred in said graveyard without a certificate stating 
the name, place and date of death, together with the disease of which said 
person died, signed by the health commissioner or his clerk, he shall forfeit 
and pay a sum not less than twenty-five nor more than five hundred dollars, 
to be recovered for the use of the city, as in other cases of misdemeanor be- 
fore any court or officer having competent jurisdiction. (M. C., sec. 830.) 


But see Charter Art. XII., sec. 12, which makes the penalty only a sum “not 
less than five nor more than twenty dollars.” 


Sec. 832. Penalty for failure to make weekly reports.— 
If any overseer, sexton or other person charged with the performance of 
such duty, fail or neglect to make to the health commissioner such report 
of weekly interments, he shall forfeit and pay not less than twenty-five nor 
more than five hundred dollars for every such failure, to be recovered in 
like manner as provided in the last preceding section. (M. C., sec. 831.) 


Same as Charter Art. XII., sec. 138, except that the charter fixes the penalty 
at “not less than twenty dollars for every such failure.’ 


Sec. 833. Reports to be delivered—when.—tThe sextons of the 
different cemeteries shall deliver to the health commissioner, at his office, 
their weekly reports, as provided for in section 830, at or before the hour 
of four o’clock in the afternoon of Saturday of each and every week; and 
any sexton failing or refusing so to do, shall forfeit and pay a fine of ten 
dollars for each such failure or refusal, to be recovered as provided in sec- 
tion 831. (M. C., sec. 832.) 


Sec. 834. Blank books and records to be furnished. — The 
health commissioner shall furnish each overseer or sexton of any duly 
authorized and. recognized graveyard with a blank book, with appropriate 
columns to enter the facts and records required by this article to be re- 
corded; and such overseer or sexton shall enter in such books all the cer- 
tificates received from any undertaker or physician; such books shall be 
and always remain the property of the city. (M. C., sec. 833.) 


744 REVISED CODE OR GENERAL ORDINANCES. [CHAPS iy 


Sec. 8385. Reports to include what. —It shall be the duty of 
overseers, sextons, or other persons who may have control over the public 
graveyards of the City of St. Louis, to include in their weekly reports te 
the health commissioner, as provided for in section eight hundred and 
thirty, the name and place of residence of each physician from whom has 
been received a certificate on which any persou has been interred in the 
graveyards, under their charge, and the number of certificates given by each 
and every physician, and for whom given; and any overseer, sexton or other 
person having charge of a public graveyard, failing or refusing to comply 
with the provisions of this section, shall forfeit and pay a fine of ten dol- 
lars for every such failure, or refusal, to be recovered as provided for in 
section eight hundred and thirty-one. \M. C., see. 854.) 


Sec. 836. Blank certificates to be prepared.—The health 
commissioner shall cause to be printed a sufficient number of blank cer- 
tificates, setting forth in suitable columns the facts required as prescribed 
in section eight hundred and twenty-seven, which certificates shall be kept 
in the office of the health commissioner, and shall be delivered to registered 
physicians in person only; and said physicians’ names shall be inscribed 
on the back of each certificate so delivered, and it shall not be lawful for 
any physician to issue or use, or the health commissioner to receive, any 
other form of certificate for interment except such form as shall be pre- 
scribed and issued by the health commissioner. (M. ©., sec. 835.) 


See. 837. Removal of dead person — permit to be ob- 
tained. —When the removal of any dead person beyond the city limits is 
desired, a permit therefor shall first be obtained from the health commis- 
sioner, who shall issue said permit upon the certificate of the physician 
under whose care the person died. (M. C., sec. 836.) 


Sec. 838. Certified copy of record to 
Whenever any person shall demand a certified copy of the record of the 
death or birth of any person as the same appears of record in the office of 
the health commissioner, the health commissioner shall furnish a certified 
copy of said record of death or birth, signed by either himself or his clerk, 
and stamped with the seal of his office and countersigned by the comptroller 
of the City of St. Louis, and for each certified copy of death or birth sa 
issued he shall charge and collect the sum of one dollar, and all moneys 
thus collected shall be paid by him into the treasury of the City of St. 
Louis. (M. C., sec. 837.) 


Sec. 839. Violations of article—penalty for.—Any person or 
persons violating the provisions of this article, for which no penalty has 
been provided shall, upon conviction, be fined not less than ten, nor more 
than five hundred dollars, to be recovered for the use of the City of St. 
Louis, before any court or officer having competent jurisdiction. (M. C., 
sec. 838.) 


ARTICLE XXI. 


OF REGULATIONS CONCERNING THE TRANSPORTATION AND DISINTER- 
MENT OF DEAD BODIES. 


_ See. 840. Certain dead bodies not to be brought to 
city. — It shall not be lawful for the officers or employes of any railroad, 
express or transportation company, or the master of any steamboat or 


ARE. ALL, | OF CEMETERIES. 745 


other vessel, or the driver of any wagon or vehicle to bring into the city 
the body of any person who shall have died from cerebro-spinal meningitis, 
diphtheria, scarlatina, typhus fever, smallpox, Asiatic cholera or yellow 
fever. Any person or persons violating the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not less than one hundred nor more than five hundred dollars for each 
offense. (M. C., sec. 839.) 


Sec. 841. Certificate to accompany body. — Every dead body 
that is brought into the city must be accompanied by a physician’s certifi- 
‘ate of the cause of death. Any person or persons bringing any body into 
the city unaccompanied by a certificate showing the cause of death, shall 
be deemed guilty of a misdemeanor, and upon conviction shall be fined not 
less than twenty-five nor more than one hundred dollars. (M. C., sec. S840.) 


Sec. 842. When permit forbidden. —No permits will be granted 
for the disinterment of bodies of persons who have died from cholera, yel- 
low fever or smallpox. (M. ©., sec. 841.) 


Sec. 843. Disposition of disinterred bodies.—In all cases where 
bodies are disinterred there shall be on hand a new tight wooden box into 
which the coffin shall be immediately placed after it has been taken out 
of the ground. (M. C., sec. 842.) 


Sec. 844. Opening graves and tombs--permit.—No_ person 
shall remove any dead body, or the remains of any such body, from any 
of the graves or tombs in this city, or shall disturb any dead body in any 
tomb or grave without a permit from the health commissioner. No grave 
or tomb shall be opened from the first day of April to the first day of Octo- 
ber, except for the purpose of interring the dead, without the special per- 
mission of the health commissioner. (M. C., sec. 843.) 


Sec. 845. Penalty.—Any person violating any of the provisions of this 
article, or failing to comply with any of the requirements prescribed, for 
which no special penalty is attached, shall be deemed guilty of a misde- 
meanor, and shall be fined not less than twenty nor more than five hundred 
dollars. (M. C., sec. 844.) 


See. 846. Removal of dead person—permit to be obtained, — 
When the removal of any dead person beyond the city limits is desired, a 
permit therefor shall first be obtained from the health commissioner, who 
shall issue said permit upon the certificate of the physician under whose 
care the person died. (M. C., sec. 845.) 


As to state laws on embalming and state board, see R. S., 1899, secs. 7370-7380. 
ARTICLE XXII. 


OF CEMETERIES. 


Sec. 847. Authorized cemeteries.—The following named cemeteries 
are now established within the limits of the city, are hereby recognized 
and authorized as legal and proper places for the interment of persons who 
may die in the city, or who may be brought to the city for burial, namely: 
First, Bellefontaine cemetery; second, Bethlehem, or Bremen Saxon ceme- 
tery; third, Calvary cemetery; fourth, Evangelical, or Friedens cemetery ; 


746 REVISED CODE OR GENERAL ORDINANCES. [CHAPaak 


fifth, Holy Trinity cemetery; sixth, New Saxon, or Gravois Saxon ceme- 
tery; seventh, New Pickers cemetery; eighth, Public cemetery, at City Poor 
House; ninth, Rock Springs cemetery; tenth, St. Marcus cemetery; elev- 
enth, St. Mathew’s cemetery; twelfth, St. Paul’s Evangelical cemetery; 
thirteenth, SS. Peter and Paul’s cemetery; fourteenth, Western Evangel- 
ical Lutheran, or Papin Saxon cemetery. (Ord. 21128, amend. M. C., sec. 
846.) 

As to when a cemetery may be considered as abandoned, and the right of the 
city to discontinue the same on that ground from further use, see Campbell vs. 
Kansas City, 102 Mo. 326. The Constitution exempts cemeteries from taxation: 
Const. Mo., Art. X., sec. 6, but exemption from taxation usually does not apply 
to special taxation: Sheehan vs. Good Samaritan Hosp., 50 Mo. 155; State ex rel 
vs. Linn Co., 44 Mo. 504. See also note to Charter, Art. VI., sec. 14, p. 398, re- 
ferring to Laws 1907, page 86, making cemeteries subject to special taxation. 


Sec. 848. Limits of cemeteries not to be extended.— 
None of the above named cemeteries, or any other that may be hereafter 
established by law, shall extend their limits unless permission to do so has 
been authorized by ordinance. (M. C., sec. 847.) 


Sec. 849. Public or private burying grounds to be au- 
thorized.—From and after the passage of this article it shall not be 
lawful for any person or persons to lay out or establish a public or private 
burying ground within the limits of the city, unless the authority to do so 
shall have first been granted by ordinance. (M, C., sec. 848.) 


See. 850. Burials allowed only on authorized ground.— 
It shall not be lawful for any person or persons to bury the body of any 
deceased person anywhere within the limits of the city, except in the ceme- 
teries duly authorized and recognized as public burying grounds by section 
eight hundred and forty-seven, except by special permission granted by the 
health commissioner. Any person violating the provisions of this section 
shall upon conviction, be fined not less than two hundred and fifty dollars, 
nor more than five hundred dollars, to be recovered for the use of the city, 
as in other cases of misdemeanor, before any court or officer having com- 
petent jurisdiction. (M. C., sec. 849.) 


See. 851. Penalty for burying in unauthorized cemetery. 
Any owner or owners, or his or their agents, or any tenant or any other 
person who shall bury or permit to be buried the body of any deceased 
person on any lot of ground within the limits of the city, except the same 
be authorized as a cemetery, except by special permission of the health 
commissioner, Shall upon conviction be fined not less than two hundred 
and fifty nor more than five hundred dollars, to be recovered for the use 
of the city as in other cases of misdemeanor, before any court or officer 
having competent jurisdiction, and such person shall be subject to a like 
fine for each and every day the body of any deceased person shall remain 
interred in said lot. (M. ©., sec. 850.) 


Sec. 852. Disinterment to take place when.—lIf the body of 
any deceased person or persons be found buried on any lot of ground in 
the city, the owner or agent of which cannot be found, it shall be lawful, 
and it is hereby made the duty of the health commissioner to cause said 
body or bodies to be disinterred and buried in the public burying ground; 
provided, however, the provisions of this section shall have no application 
to the remains of deceased persons which have been interred prior to the 
passage of this article. (M. C., sec. 851.) 


ART. XXII.] OF CEMETERIES. 747 


Sec. 853. Cemeteries to be in charge of sexton.—Every 
cemetery shall be in charge of a sexton or overseer, and the name of such 
sexton or overseer shall be certified to and recorded in the office of health 
commissioner, by the person or persons owning or controlling such ceme- 
tery. (M. C., sec. 852.) 


Sec. 854. Bodies to be buried — how deep.—wNo body of any 
deceased person shall be buried in any cemetery within the limits of the 
city at a less depth than six feet below the surface of the ground, provided, 
that the provisions of this section shall not be applied to cases where burial 
vaults or tombs have been or may be erected for the reception of deceased 
persons. (M. C., sec. 853.) 


Sec. 855. Removing bodies outside city limits — punish- 
ment. —Every person who shall convey, or remove, or assist in conveying 
or removing the body of any deceased person (whether such person shall 
have died in the city, or shall have been brought to the city after death), 
outside of the limits of the city, without first having obtained from the office 
of the health commissioner permission so to do, shall upon conviction, be 
fined not less than two hundred and fifty nor more than five hundred dol- 
lars, to be recovered for the use of the city, as in other cases of misde- 
meanor, before any court or officer having competent jurisdiction; provid- 
ed, that the provisions of this section shall have no application where bodies 
in course of transportation pass through St. Louis on their way from one 
point to another. (M. C., sec. 854.) 


Sec. 856. Penalty for injuring cemeteries, ete.— Every per- 
son who shall wilfully destroy, disfigure or injure any wall, fence, ledge, 
monument, tombstone, tree or shrubbery around or within any cemetery, 
graveyard or burial ground, (or shall use such a cemetery, graveyard or 
burial ground for any other purpose than a burying ground), shall be 
deemed guilty of a misdemeanor and upon conviction shall be fined not 
less than twenty-five nor more than five hundred dollars, to be recovered 
for the use of the city before any court or officer having competent juris- 
diction. (M. C., sec. 855.) 


Sec. 857. Burials—permit for not to be issued when.— 
The health commissioner shall not issue a permit to bury the body of a 
person that died elsewhere, and has been brought within the city limits, 
except upon the certificate of a physician given at the place of death, and 
if no such certificate accompany the body, it shall be the duty of the coroner 
of the city to pass on the case and make out and furnish the necessary cer- 
tificates. (M. C., sec. 856.) 


Sec. 858. Burial certificates to accompany bodies.—It shall 
not be lawful for any person to carry the body of any deceased person to 
any of the cemeteries or burying grounds within the limits of the city, or 
for any sexton or other person in charge of said cemetery or burying 
ground to receive the body of any deceased person, unless accompanied by 
a burial certificate, properly signed and certified to by the health commis- 


sioner or his clerk. (M. C., sec. 857.) 


Sec. 859. Penalty in cases not provided for.—Every person 
who shall violate any of the provisions of this article for which no penalty 
has been provided shall upon conviction be fined not less than ten nor more 
than five hundred dollars, to be recovered for the use of the city, before any 
court or officer having competent jurisdiction. (M. C., sec. 858.) 


748 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 11. 


See. 860. Artic article shad] 
be so construed, or understood as altering any of the provisions of this 
chapter. (M. C., sec. 859.) 


Sec. 861. Interment—when ordered to be made.—When- 
ever the interment of the body of any deceased person in the limits of the 
city has in the opinion of the health commissioner been unnecessarily de- 
layed, or where for sanitary reasons the interment of the body as aforesaid 
should take place forthwith, or where in the opinion of the said health com- 
missioner such delay may be injurious to the public health, or endanger the 
lives of the citizens of this city, it shall be his duty to issue an order “direct- 
ing that said body shall be interred forthwith. Said order shall be directed 
to the relatives, friends, person or persons having in charge the body of such 
deceased person. If the relatives, friends, person or persons as aforesaid, 
fail or refuse to obey said order, then and in that case the health commis- 
sioner shall have the power to remove such body, and it shall be his duty 
to cause the body to be immediately interred in the public cemetery. (M. 
©., see. 860.) 


Sec. 862. Penalty for violating preceding section.—Any per- 
son or persons failing or refusing to obey the order of the health commis- 
sioner in such cases, or interfering with or resisting any of his officers or 
employes while eng vaged in the discharge of his orders shall be deemed guilty 
of a misdemeanor, and shall upon conviction thereof be fined in a sum not 
less than twenty-five nor more than five hundred dollars, to be recovered 
for the use of the city before any court or officer having competent juris- 
diction. (M. C., sec. 861.) 


See. 863. Delayed interment—duties of police.—It is hereby 
made the duty of the police department of the city, whenever they become 
apprised or have information that the interment of the body of any deceased 
person has been delayed beyond a reasonable length of time to notify the 
health commissioner of such fact, and it shall also be the duty of the police 
to aid and assist him or any of his officers and employes, while engaged in 
the discharge of their duty as prescribed in section eight hundred and sixty- 
one. It shall also be the duty of the police to arrest and prosecute any per- 
son or persons who shall bury, or cause to be buried, the body of any de- 
ceased person in any place in the city not a burying ground, as prescribed 
in section 847, unless a permit so to do shall have been issued and signed 
by the health commissioner. (M. C., sec. 862.) 


ARTICLE XXIII. 
OF CREMATORIES.* 


*Ordinance No. 13985, approved April 7, 1887, authorized the Missouri Crem- 
atory Association to erect, maintain and operate a building for the purpose of 
cremating dead human bodies and repealed ordinance No. 13574. 


Sec. 864. Crematories established by ordinance only.—It 
shall be unlawful for any person or persons, firms or corporations to erect 
or maintain any building in the City of St. Louis for the purpose of cre- 
mating or destroying by fire any human body, unless permission so to do 
has been first obtained from the municipal assembly, by proper ordinance, 
nor shall any existing house, shed or structure be used, altered, changed, 
removed or repaired so as to establish, conduct or carry on a crematory 


ART. XXIII.] OF CREMATORIES. 749 


without similar authority. Any person or persons, firms or corporation 
violating any of the provisions of this section shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less than one 
hundred dollars nor more than five hundred dollars for such offense, and 
every day on which a violation of the provisions of this section exists, as to 
any premises, shall constitute a separate and distinct offense. (M. C., sec. 
863. ) 


Sec. 865. Cremation—regulations of.—Whenever the friends or 
relatives of any person who shall have died in this city shall desire to have 
the body of such person cremated by any association duly organized by 
law for the purpose of cremating dead human bodies, they shall first file in 
the office of the health commissioner certificates made out in duplicate and 
signed by the physician who attended the person in bis or her last illness, 
and in case there has been no attending physician, such certificate must be 
signed by the coroner of the city. Said certificate shall state the name, age, 
sex, color, piace of birth (when known), the exact locality and date of death, 
together with the name of the disease or cause of death from which such 
person died. Accompanying said certificate shall be a request in writing, 
signed by the friends or relatives, stating that they desire to have the body 
of the person named in the certificate cremated. When such certificate and 
request have been properly signed and delivered to the health commissioner, 
he shall issue a permit setting forth the facts and giving permission for the 
cremation of such body. (M. C., sec. 864.) 


See. 866. Body brought to city for cremation—certificate re- 
quired,—Whenever any body of any person who shall have died elsewhere, 
shall be brought into this city for the purpose of being cremated, the parties 
shall file with the health commissioner the certificate of the legally consti- 
tuted authorities, authorized to issue such permit, of the place from whence 
the body has come, stating the cause or disease of which the person has died, 
and that the body is being taken to the city for the purpose of cremation. 
(M. C., sec. 865.) 


Sec. 867. Body not to be received at crematory without 
permit.—No person in charge of or having charge of any crematory, shall 
receive at said crematory, or allow to be cremated at said crematory, the 
body of any person unless accompanied by a permit signed in writing by the 
health commissioner or his deputy, and certified to by the clerk of the board 
of health and commissioner, giving permission to cremate such body, which 
permit shall set forth the name, age, color, sex and the number of the death 
certificate, relating to such person on file in his office. Any person in charge 
of or having control of any crematory, Who shall receive or cremate any body, 
without the permission herewith described shall be deemed guilty of misde- 
meanor, and upon conviction thereof shall be fined not less than five hun- 
dred dollars. (M. C., sec. 866.) 


Sec. 868. Health commissioner—powers of.—The health com- 
missioner shall have the power to delay the issue of a permit for thirty-six 
hours, or he may refuse to grant any permit for the cremation of any body, 
if he is not perfectly satisfied that such body should be cremated, and in 
all such cases of refusal he shall refer the matter to the board of health for 
its action, and he shall be governed by such action as said board shall rec- 
ommend in the premises. The health commissioner shall also have the 
right in all cases, if he so desires to consult the coroner of the city, before 
granting the permission to have any body cremated. (M. C., sec. 867.) 


750 REVISED CODE OR GENERAL ORDINANCES. [CHAPS LI: 


ARTICLE XXIV. 
OF BRINGING INSANE PERSONS AND PAUPERS INTO CITY. 


Sec. 869. Penalty for bringing paupers and insane to 
city. The president, directors, or owners of any railroad, and the con- 
ductor in charge of any railroad car, or train or railroad cars, or the master 
or person in charge of any steamboat or other vessel, or the owner or driver 
of any wagon or vehicle, who shall bring into the city a person or persons 
who are insane or paupers, who are likely to become a charge to the city, 
shall be deemed guilty of a misdemeanor and on conviction thereof, be fined 
not less than twenty-five nor more than three hundred dollars for each of- 
fense, in addition to which penalty the person so offending shall be required 
to enter into bonds before the police justice of not less than five hundred 
dollars nor more than one thousand dollars, to defray the expenses of the 
insane or paupers thus brought, so long as they remain in the city. (M. C., 
sec. 868.) 

Disposition of non-resident insane: see R. C., sec. 762. See as to exclusion 


of insane non-residents from insane asylum R. C., sec. 753; and as to non-resident 
paupers from poorhouse, R. C., sec. 778. 


Sec. 870. Duties of marshal and police.—It shall be the duty 
of the marshal or policemen, whenever complaint is made before the police 
justice of a violation of any of the provisions of this article, to arrest the 
offender forthwith and bring such offender without delay before the police 
justice for trial. (M. C., sec. 869.) 


See. 871. Duties of police commissioners.—-It shall be the duty 
of the board of police commissioners to instruct the police to report to the 
chief of police any violation of this article. (M. C., sec. 870.) 


ARTICLE XXV. 
OF SALARIES OF OFFICERS AND EMPLOYES. 


Sec. 872. Salaries.—The several officers and employes of the health 
department, hereinafter named, shall receive the following amounts as 
compensation per month for their services, to-wit: Chief engineers, seventy- 
five dollars; assistant engineers, fifty dollars; firemen, thirty-five dollars; 
carpenters, forty-five dollars; whiteners and plasterers, forty-five dollars; 
chief cooks, sixty dollars; assistant cooks, thirty dollars; chief clerks in 
poor house, city hospital, female hospital and insane asylum, sixty dollars; 
storekeepers, thirty-five dollars; outside night watchmen, forty dollars; 
steward city hospital, sixty dollars; matron poor house, forty dollars; chief 
laundresses, thirty dollars; assistant laundresses, twenty dollars; male 
nurses (day), thirty dollars; male nurses (night), thirty-five dollars; fe- 
male nurses (day), twenty-five dollars; female nurses (night), thirty dol- 
lars; assistant female nurses, twenty dollars; supervisors, male insane de- 
partments, thirty-five dollars; supervisors, female insane departments, thir- 
ty dollars; head attendants, one in each hall, male insane, thirty dollars; 
head attendants, one in each hall, female insane, twenty-eight dollars; at- 
tendants, male insane, twenty-eight dollars; attendants, female insane, 
twenty-five dollars; night watchmen, male insane, thirty-five dollars; night 
watchmen, female insane, thirty dollars; assistant physicians at insane 
asylum and poor house, fifty dollars; druggist at city hospital, seventy-five 
dollars; druggists at other institutions, fifty dollars; head _ baker, 
poor house, fifty-five dollars; assistant bakers, poor house, forty- 


ART. XXV.] OF SALARIES OF HEALTH DEPARTMENT OFFICIALS. 751 


five dollars; head dairyman, poor house, fifty dollars; first-class 
male help, thirty-five dollars; second-class male help, thirty dollars; third- 
class male help, twenty-five dollars; fourth-class male help, twenty dollars ; 
first-class female help, twenty dollars; second-class female help, fifteen dol- 
lars; third-class female help, ten dollars; seamstresses, twenty-five dollars ; 
messenger boys, ten dollars; steward smallpox hospital, who shall also per- 
form the duties of clerk, one hundred dollars; nurses, smallpox hospital, 
forty dollars; chief physician at city dispensary, one hundred fifty dollars; 
seven assistant physicians at city dispensary, one hundred dollars; ambu- 
lance drivers, sixty dollars; sanitary officers, seventy-five dollars; inspect- 
ors, sixty dollars; assistant clerk and bookkeeper in health commissioner’s 
office, one hundred dollars; chief sanitary clerk, one hundred dollars; phy- 
sicians at smallpox hospital, one hundred dollars; one assistant physician 
at city hospital, fifty dollars; two assistant physicians at city hospital, 
twenty-five dollars; two senior assistant physicians at female hospital, fifty 
dollars; one chief vaccine physician, one hundred dollars; vaccine physi- 
cians, seventy-five dollars; mortuary record clerk, one hundred dollars; 
fumigators of buildings where there have been contagious diseases, seventy- 
five dollars; female attendant at dispensary who shall act as janitress, 
thirty-five dollars; messenger in health office, twenty-five dollars. (Ord. 
22139, amend. M. C., sec. 871 and ord. 20073.) 


As to salaries of superintendent of training school nurses see R. C., sec. 715; 
salary of superintendent of city hospital, insane asylum, female hospital and 
quarantine, see secs. 719 and 725; of first assistants at city hospital, see sec. 721; 
other assistants to the superintendents at hospital and insane asylum, see sec. 
728; of assistant superintendent at insane asylum, sec. 732; of assistant super- 
intendent at female hospital, sec. 741; supervisor of nurses and matron at fe- 
male hospital, see sec. 746; of superintendent of poor house, sec. 781. 


See. 873. Board and washing—to whom 
officers and employes mentioned, whose services are required at the city 
hospital, female hospital, insane asylum, poor house and smallpox hospital 
shall receive in addition to the salaries mentioned in this article board and 
washing at the institution at which they are employed, but none of the 
officers or employes of the health commissioner, sanitary office or city dis- 
pensary shall receive board or washing at any of the city institutions. (M. 
C., sec. 872 


Sec. 874. Temporary employment of mechanies.-—Whenever at 
the city hospital, female hospital, insane asylum, poor house and smallpox 
hospital, the buildings and machinery are in need of any slight repairs, 
the health commissioner may temporarily employ such mechanics as may 
be necessary; but no alterations or changes shall be made in the construc- 
tion of any of the buildings, unless approved by the commissioner of public 
buildings. The wages paid to the mechanics thus temporarily employed, 
shall not be more than is usually paid to that class of workmen. (M. C., 
sec. 873.) 


See. 875. Temporary salaries—when provided.—Whenever it 
shall become necessary to establish quarantine or to establish temporary 
hospitals or dispensaries, or to employ watercraft in the removal of sick, 
or to place medical inspectors on any railroads or any of the police dis- 
tricts of the city, the pay of all such persons employed in such hospitals, 
dispensaries, or otherwise or any person not provided for in this article, 
shall be fixed by the health commissioner, by and with the approval of the 
board of health; provided, however, that such salaries shall be in force 
temporarily and until the municipal assembly shall fix them otherwise. 
(M. C., sec. 874.) 


REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


~~] 


CHAPTER 12, 
OF HIGHWAYS.* 


ART. I. Of street openings. 
Il. Of construction and repairs and preventing obstructions. 
II. Of sprinkling. 
Tv. Of numbering of houses. 
V. Of stationary awnings. 
VI. Of electric wires, tubes and cables. 
VII. Of supervisor of city lighting and regulations pertaining to elec- 
trical apparatus. 
VIII. Ofcity lighting and municipal lighting plants. 
IX. Of telegraph and telephone poles. 
xe Of garbage disposal. 
XI. Of offenses connected with highways. 
Xie ObtecityeloOrester,. 


ARTICLE I. 
OF STREET OPENINGS.** 


Sea. 876. Article not retroactive as to special benefits.—The 
repeal of sections eight hundred and seventy-five, eight hundred seventy-six, 
eight hundred seventy-seven, eight hundred seventy-eight and eight hundred 
and seventy-nine, of the Municipal Code of St. Louis and the substitution 
af the following five sections of this article therefor, shall not affect special 
benefits made and confirmed by the circuit court before said five sections 
go into effect. (Ord. 21810, sec. 1.) 


Ord. 21810, approved March 8, 1905, became effective ten days thereafter. 
These sections were probably repealed in consequence of the ruling in Eyssell 
vs. St._ Louis, 168 Mo. 607, which, however, was overruled in St. Louis vs. 
Brinckwirth, decided May 29, 1907 (not at this writing reported). In connection 
with the following sections should be read the Charter provisions Art. VI., secs. 
1 et seg., and the notes appended thereto. 


Sec. 877. When streets to be established, altered, widened, 
etc., or sewer route fixed, plat furnished city counselor, etc.— 
Whenever the Municipal Assembly shall provide by ordinance for estab- 
lishing, opening, widening or altering any boulevard, street, avenue, alley, 
wharf, market place or public square, or route for a sewer or water pipe, or 
for changing an existing street into a boulevard, or to condemn private 
property for other or different public uses than those already specified in 
this section, and it is necessary to take private property for the same, the 
street commissioner shall furnish the city counselor with all necessary 
plats showing the property affected by the proposed improvement, and the 
metes and bounds and the names of the owners thereof. (/b., sec. 1 in lieu 
of M. C., sec. 875.) 


Sec. 878. Duties of commissioners in street and sewer con- 
demnation proceedings—notice of district affected — notice 
of hearing — hearing — exceptions. —It shall be the duty of the 
commissioners appointed by the circuit court in any condemnation pro- 


*See Charter Art. VI. Of street commissioner, see R. C., Chap 24, Art. IIT, 
sec. 1945 ef seg. 


**Charter Art. VI., sections 1 to 12, street openings and condemnation proceed- 
ings, and see annotations to Charter to corresponding sections. 


ART. I.] OF STREET OPENINGS. 753 


ceeding under the charter of the City of St. Louis to ascertain, establish 
and define the district of property benefited by the proposed improvement. 
Before the commissioners shall assess damages and benefits, the city coun- 
selor shall give five days’ notice in the papers doing the city printing of the 
establishment of said district and the boundaries thereof, and of the time 
and place when and where the commissioners shall proceed to assess said 
damages and benefits, and inviting all persons interested to be present; and 
at said hearing all persons owning or interested in the property in said dis- 
trict shall have the right to be heard, and may except to the report of the 
commissioners before the circuit court when it is filed. (/b., in lieu of M. 
in, Bec. 816.) 


See St. Louis vs. Ranken, 96 Mo. 497, 505-506; Michael vs. St. Louis, 112 Mo. 610; 
St. Louis vs. Brinckwirth (Sup. Ct., May 29, 1907, not at this writing reported); 
Marshall, J., in Eyssell vs. St. Louis, 168 Mo. loc. cit. 616 (overruled in the last 
named case but not on this point), as to sufficiency of notice to one benefited 
by the street opening. 


See in general Charter Art. VI., sec. 1 e¢ seg. and the authorities cited in 
notes thereto. 

Sec. 879. Duties of comptroller —vouchers—receipts—pay- 
ment of judgment.—After final action is taken by said circuit court on 
the report of the commissioners in any condemnation proceedings under the 
Charter of the City of St. Louis, and a certified copy of said report with 
such final action thereon has been duly received and recorded by the comp- 
troller in his office and the assembly has made an appropriation for the pay- 
ment, out of the city treasury, of the damages so ascertained by said court, 
it shall be the duty of the comptroller to make out vouchers for said dam- 
ages in accordance with the final action of said court, and deliver the same 
to the auditor. The comptroller shall also issue to applicants wishing to 
pay any such judgment a statement showing the amount due, and the treas- 
urer upon receipt of payment of any such judgment, shall execute quad- 
ruplicate receipts issued by the comptroller, one to the party paying, one 
to the auditor, one to the comptroller and one to the city counselor, and such 
payments shall be credited to the fund appropriated by ordinance for said 
condemnation proceeding. (J/b., compare M. C., sec. 877.) 

The section is not the same as it was in the Mun. Code; see as to the same as it 
then stood: Brinckwirth vs. St. Louis (Sup. Ct., May 29, 1907, not yet at this 
writing reported). 

Sec. 880. Payment of benefits—when interest begins to 
accrue—amount of interest—execution—bid at execution sale 
to protect city.—The benefits against property as adjudged by the fina 
action of said circuit court in such condemnation proceeding shall be paid 
into the city treasury; such benefits, if paid within sixty days after the or- 
dinance appropriating the money to pay the damages assessed by said final 
action shall take effect may be paid without interest, but if not paid within 
sixty days, interest at the rate of six per cent per annum from the taking 
effect of such ordinance shall be added to the amount of such judgment. If 
the benefits assessed are not paid or satisfied as provided by Charter or 
ordinance, they shall be collected by either execution or suit upon such final 
judgment confirming the same. At all execution sales for the enforcement 
of payment of such judgments the city counselor is authorized, on behalf 
and in the name of the City of St. Louis, to protect the city’s interests by 
bidding for the property to be sold in an amount equal to the judgment, 
interest, costs and expenses. (JD.) 

It was held in Fyssell vs. St. Louis, 168 Mo. 607, that the condemnation pro- 
ceedings operated as a final judgment for benefits which could be thereafter 


collected without the necessity of a special tax bill, on execution; this case is 
overruled after full discussion in Brinckwirth vs. St. Louis (decided May 29, 1907, 


754 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


but not at this writing reported), and it is now held that no recovery can be had 
except by suit on the special tax bill; the condemnation judgment is not broad 
enough to include recovery by execution thereon for the benefits found. 


See. 881. Satisfaction of judgment against property affected 
—when no appropriation,.—Upon delivery of any receipt above de- 
scribed to the city counselor, duly executed by the treasurer, the city coun- 
selor shall acknowledge satisfaction of such judgment in so far as the same 
affects the property against which such judgment for benefiting so assessed 
has been paid as evidenced by such receipt. 


When in any case the Municipal Assembly fails to appropriate the 
money necessary for the payment of damages assessed for the condemna- 
tion of private property for public use within the time limited by the Char- 
ter, the city counselor shall release or acknowledge satisfaction of the judg- 
ment or judgments assessing benefits for such improvement. (J/D.) 


See. 882. Compensation of commissioners.--In all proceedings 
to establish, open, widen, or alter any street. avenue, alley, wharf, market 
place, or public square, or route for a sewer or water pipe, the commis- 
sioners appointed by the circuit court shall be entitled to have and receive 
from the city treasury for their services as such, the sum of three dollars 
each, for each day’s services in the case. (M. C., sec. 880.) 

The Charter now fixes the commissioners’ compensation at three dollars a 
day (Art. VI., sec. 8), but before the amendment, when the provision was that 


there should be a “reasonable compensation,’ this ordinance fixing the rate at 
three dollars, was held void: Green vs. St. Louis, 106 Mo. 454. 


See. 883. Clerical work to be done by whom. — The 
clerical work of said commissioners, including writing the report, shall be 
done and performed by the force employed in the city counselor’s office, 
and no compensation shall be allowed or paid to any commissioner for such 
work, or to any person, whomsoever. (M. C., sec. 881.) 


See annotations to the Charter provisions Art. VI. 


ARTICLE II. 


OF CONSTRUCTION AND REPAIRS AND PREVENTING OBSTRUCTIONS.* 


Sec. 884. Construction or reconstruction and maintenance 
may be let in one contract,—Whenever a street is to be improved 
the board of public improvements may submit to the municipal assembly a 
bill for letting in one contract the work of constructing or reconstructing 
such street and of maintaining it in good condition for a term of years. 
(M. C., sec. 882.) 


See annotations Charter Art. VI., secs. 14 eft seg; also sec. 27 and 28. Time 
within which work must be completed: See note to Charter Art. VI., sec. 28. 


Sec. 885. Same—advertising necessary.—When such bill shall 
have become a law the board of public improvements shall advertise for 
proposals including the construction or reconstruction and maintenance 
under the same regulations as are provided for the improvement of streets. 
(M. C., sec. 883.) 


*For Charter provisions see Chart. Art. VI., secs. 14-18. The notes appended 
to these sections, giving the judicial interpretations thereof in connection with 
the following ordinances, should be consulted herewith. 


-—_. 


ART. IL] OF CONSTRUCTION AND REPAIRS. 755 


Sec. 886. Advertisements to contain what.—Such advertisement 
shall, in addition to what is prescribed for other street improvements, state 
the term during which the street is to be maintained in good condition, and 
the amount of bond which the contractor will be required to furnish to se- 
cure the execution of the contract for maintenance, in addition to the bond 
which, under existing regulations, has to be furnished for all contracts for 
street improvements. (M. C., sec. 884.) 


For provisions relating to advertising and letting, see notes to Charter VI., 
sec. 27 and 15; also Rev. Code Chap. 24, Art. 8, secs. 1976 ez seg. 


Sec. 887. Letting contract—usual terms apply.—The letting 
of the work, the awarding of the contract and the approval of the contract 
and of the bonds shall be carried out, as now provided for other street im- 
provements. (M. C., sec. 885.) 


Sec. 888. Ascertaining lowest bid,—In canvassing the proposals, 
the lowest bid shall be ascertained by taking the aggregate amount of the 
cost of construction or reconstruction, as the case may be, and the total 
cost of maintenance, for the term of years designated by the ordinance. 
(M. C., sec. 886.) 


See. 889. When maintenance to begin—payment of cost- 
of.—The obligation of the contractor to maintain the streets in good con- 
dition shall commence one year after the completion and acceptance of the 
work of construction or reconstruction, and the contract price shall be paid 
semi-annually out of the city treasury, on the certificate of the street com- 
missioner that the work has been performed in accordance with the con- 
tract and specifications. (M. C., sec. 887.) 


See. 890. Repairs—how made and paid for,—The contrac- 
tor shall, whenever notified by the street commissioner that any repairs 
are required, at once make such repairs at his own expense, and if they are 
not made within proper time the street commissioner shall have power to 
cause such repairs to be made, and the cost thereof shall be paid out of the 
fund provided for the payment of contracts for street maintenance, and the 
amount shall be deducted from any money then due under the contract, or 
which may thereafter become due. (M. C., sec. 888.) 


Under the new charter repairs of streets, etc., are paid for by the city, but 
construction and reconstruction thereof, and repairs also of boulevards, alleys 
and sidewalks, are to be paid for by special taxation; see note to Charter Art. 
Vi sec. 18: 


Sec. 891. Reconstruction—when ordered and made.—lIf at 
any time during the term for which the contract for the maintenance of 
the streets is in force the pavement of such street or any part thereof should 
deteriorate to such an extent as to require, in the opinion of the board of 
public improvements, reconstruction, the street commissioner may, with 
the approval of the board of public improvements and of the mayor, notify 
the contractor that reconstruction is necessary, and the contractor shall, 
within three months after receiving such notice, reconstruct the whole or 
such part of the pavement with the same kind of material as heretofore ap- 
plied or with some other material approved by the board of public improve- 
ments. (M. C., sec. 889.) 


Maintenance provision: Chart. VI., secs. 14 and 15. The contract pro- 
vision “to maintain the street in repair for five years’? means that the contract- 
or’s work is such that it will last five years under the ordinary wear and tear 
incidental to the use of the street as a street. It applies only to the original 
quality of the work and amounts to a guarantee thereoffor the use intended. Such 


756 REVISED CODE OR GENERAL ORDINANCES: [CHAP. 12. 


a guarantee is nothing more than a stipulation for a sound pavement at the out- 
set: Asphalt Co. vs. St. Louis, 188 Mo. 576, 579; Barber Asphalt Pav. Co. vs. 
Ullman, 137 Mo. 548, 566; Bank vs. Woesten, 147 Mo. 467, 479; Barber Asp. Co. 
vs. Hezel, 155 Mo. 391; St. L. Quarry Co. vs. Frost, 90 Mo. App. 687; Verdin vs. St. 
Louis, 1381 Mo. 26. * 


And where the contract is between the contractor and abutting owners, the 
former cannot recover against the city for injuries to the pavement: Asphalt 
Co: vs. St. Louis, 188 Mo. 576. 


Sec. 892. Failure to reconstruct—proceedings,—lIf the contrac- 
tor should fail to reconstruct the street within three months after having 
been notified, the board of public improvements may, with the approval of 
the mayor, cancel the contract and relet the work of reconstructing the 
pavement, and the cost of such reconstruction shall be paid by the city and 
the amount collected by suit from the contractor or his sureties, not to ex- 
ceed twelve dollars per square of pavement, included in the contract. (M. 
C., sec. 890.) 


Sec. 8938. Repairs resulting from disturbance of pavement. 
—Whenever any repairs of the street are made necessary from the con- 
struction of sewers, the laying of pipes or telegraph wires, or from any 
other disturbance of the pavement by parties acting under permits issted 
by the city, the contractor shall, on notification from the street commis- 
sioner, immediately make all necessary repairs in conformity with the speci- 
fications for this class of work. (M. C., sec. 891.) 


Sec. 894. Same—how cost of ascertained.—The cost of all such 
repairs, exclusive of trenching and back-filling, which shall be done by the 
parties who hold the permits and in the manner as now required by exist- 
ing ordinances, shall be paid for at the full contract price for a superficial 
square of new pavement out of the fund set apart for the payment of con- 
tracts for the maintenance of streets, and the amount shall be certified by 
the street commissioner to the auditor, who shall reimburse by transfer, 
the aforesaid fund from the funds of the proper department if the repairs 
were made necessary by the construction of any public improvement; and 
out of the funds to be deposited by persons obtaining permits for opening 
streets before such permits are granted if the repairs are made necessary 
by work done under such permits. (M. C., sec. 892.) 


Sec. 895. Contractor has right to make repairs.—The con- 
tractor shall have the right to make all repairs which become necessary by 
the construction of any public improvement or by the work done by private 
parties under permits given by the city. (M. C., sec. 893.) 


But the contractor cannot sue the city for its negligent injury to the pave- 
ment: Asphalt Co.' vs. St. Louis, 188 Mo. 576. 


See. 896. Contract to contain above provisions.—In ad- 
dition to what is prescribed for other street improvements, the contract 
shall embody all of the provisions of the last seven preceding sections. (M. 
C., sec. 894.) 


Sec. 897. Maintenance bond required.—In addition to the 
bond now required for street improvements, the contractor shall give a 
maintenance bond, conditioned that the principal therein shall maintain 
the street during the term and in strict accordance with the provisions of 
his contract. The amount of such bond shall not exceed twelve dollars for 
every square of one hundred superficial feet of the street embraced in the 
contract. (M. C., sec. 895.) 


ART.“ 1T:] OF CONSTRUCTION AND REPAIRS. 757 


See. 898. Gas, sewer and water connections to be made 
in advance—permit—violation misdemeanor. —-In all the streets 
of the City of St. Louis, which it is now proposed to reconstruct or which 
shall, hereafter, be reconstructed, all gas, sewer or water connections with 
property bordering on said streets shall be made in advance of the recon- 
struction of the streets, and thereafter no one shall be permitted to remove 
or disturb the pavement for the purpose of making such connections, unless 
permission be obtained from the board of pubiic improvements. Any per 
son who shall violate the provisions of this section shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, shall be fined not less than 
twenty-five dollars nor more than five hundred dollars. (M. C., sec. 896.) 


See. 899. Sidewalks—width of.—In all streets of thirty and un- 
der thirty-eight and a half feet in width the sidewalks shall be five and a 
half feet wide; those of thirty-eight and a half feet and under forty feet in 
width shall have sidewalks six and a half feet wide; those of forty and 
under fifty feet in width shall have sidewalks eight feet wide; those of 
fifty and under sixty feet in width shall have sidewalks ten feet wide; those 
of sixty and under seventy-five feet in width shall have sidewalks twelve 
feet wide; those of seventy-five and under eighty feet in width shall have 
sidewalks fourteen feet wide; those of eighty and under one hundred feet 
in width shall have sidewalks fifteen feet wide; those of one hundred feet 
and upwards shall have sidewalks twenty feet wide. (M. C., sec. 897.) 


See Hill-O’Meara vs. Hutchinson, 100 Mo. 294, 299-300; also Heman vs. Loevy, 
179 Mo. 1. ec 464. 


See. 900. Sidewalks—cross-grade of—violation misdemenor. 
—Hereafter no sidewalk shall be constructed the cross-grade of which, or 
rise from the curbstone or building line, shall be greater than one-half inch 
vertical rise to one foot horizontal distance; and in each instance the curb 
line shall be maintained at its correct elevation above the city directrix 
which shall be determined from the construction of the particular street in 
question. Any person who shall himself violate, or by another cause to be 
violated, this section of this article, shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than twenty-five dollars, nor 
more than five hundred dollars. (M. C., sec. 898.) 

Literal compliance with this ordinance is not always required; a special tax 
bill is not rendered invalid by a failure to observe its requirements which is due 
to difference in grade of the streets and when the walk as constructed is not less 


valuable to the abutting property nor less safe or convenient for public use; 
Steffen vs. Fox, 124 Mo. 630, s. c. 56 Mo. App. 9. 


See. 901. Permission to construct sidewalk,—W henever the mu- 
nicipal assembly shall direct, by ordinance, the improvement of a public 
street or avenue, the board of public improvements shall, upon the appli- 
cation of the owner of any property fronting or bordering such improve- 
ment, grant permission to such owner to construct the sidewalk, in front 
of said property; provided, that if the permit is for the construction of a 
sidewalk in front of a corner lot, the permit will be given on condition that 
the sidewalk be laid to the curb lines of the intersecting streets; but with- 
out such permission no sidewalk shall be constructed. (M. C., sec. 899.) 

A former ordinance provided that the B. P. I. “may” grant permission, etc. 


This was held to confer a discretion, hence mandamus to compel the same would 
not lies “State ex rel: vs; St, Louis 158) Mo? 505. 


The ordinance and permit thereunder to the owner to construct the sidewalk 
“in front of his property’ being silent as to intersections at the corners, the 
owner is required to pay his pro rata to the contractor reconstructing the side- 
walks at the intersections, even if he, the owner, had had the work done: He- 
man vs. McManus, 102 Mo. App. 649. 


758 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 12. 


Sec. 902. Permission to construct cross walks.—The board of 
public improvements shall grant any person permission to construct a cross- 
walk at his own expense at any point upon any street, avenue or highway, 
when such cross-walk will not obstruct the public carriageway or incon- 
venience the public; provided, that the cross-walk shall be constructed of 
the kind of material and in the manner directed by the board of public im- 
provements. (M. C., sec. 900.) 


Sec. 903. Granitoid sidewalks to be constructed within 
certain limits.—AIll sidewalks hereafter constructed, laid, rebuilt or re- 
paired in that portion of the city, within the district bounded as follows, 
to-wit: East by the east line of Third street, north by the north line of 
Franklin avenue, from Third street to Leffingwell avenue, and by the north 
line of Kaston avenue from Leffingwell avenue to the western city limits, 
west by the western city limits, and south by the south line of Clark ave- 
nue, from Third street to the west line of Twelfth street, by the south line 
of Market street from the west line of Twelfth street to the west line of 
Jefferson avenue, by the south line of Laclede avenue, from the west line 
of Jefferson avenue to the west line of King’s Highway boulevard and by 
the north line of Forest Park from the west line of King’s Highway boule- 
vard to the western city limits, shall be constructed of artificial stone flag- 
ging or such other stone as may be approved by the board of public im- 
provements. (M. C., sec. 901.) 


Section (prior to amendment) upheld: Skinker vs. Heman, 148 Mo. 349; He- 
man vs. Franklin, 99 Mo. App. 346. : 


Sec. 904. Sidewalks—repairs—regulations for construction 
of.—The street commissioner shall, whenever a sidewalk within the boun- 
daries above described, is out of repair, notify the owner or owners of the 
adjoining property, or their agents, through the mail, to have the same re- 
paired or rebuilt; and if such owner or owners, or their agents. 
fail to comply with said notice, within ten days after the date 
of mailing said notice, then the street commissioner shall cause 
the work to be done under the annual contract for artificial 
stone flagging, whose principal constituents are composed of crushed granite 
and Portland cement; provided, however, that the board of public improve- 
ments may grant permission for the temporary use of material other than 
that herein provided, during the erection or repair of buildings, or prior to 
the construction of the street; and provided, further, that the street com- 
missioner, during seasons when permanent work cannot be done, shall, when 
he deems it necessary, notify the owner or owners or their agents to make 
temporary repairs; and if such notice is not complied with within five days, 
the street commissioner shall make such temporary repairs with brick un- 
der the annual contract. (M. C., sec. 902.) 


The validity (or at least usefulness) of this section and the two follow- 
ing ones, seems to have been rendered doubtful by reason of the Charter amend- 
ment in 1901 to Art. VI., sec. 15, which omitted that portion relied upon by the 
municipal authorities as conferring authority under which these sections could 
formerly be enforced, and it has been claimed that there is now no authority 
for the annual repair contract. It is also to be remembered that under the pres- 
ent Charter, while the cost of reconstructing all highways is chargeable to abut- 
ting owners, the cost of repairing streets, avenues and highways is chargeableto 
the city; but repairs of boulevards, and of alleys and sidewalks, is to be paid for 
by special taxation on owners: See the present Charter, Art. VI., sec. 18, and note 
thereto. And see also as to distinction between the rules applicable to streets, 
and those applicable to sidewalks and alleys: Skinker vs. Heman, 148 Mo., 349, 
353, reciting the provisions of the then charter, before the amendment. 


ART. II.] OF CONSTRUCTION AND REPAIRS. 759 


Sec. 905. Cost of construction shall be a lien.—The cost of 
all work done by the street commissioner, under authority of the next pre- 
ceding section, shall be charged as a lien upon the property adjoining the 
sidewalk repaired or rebuilt, and shall be paid by the owner or owners 
thereof. (M. C., sec. 903.) 


See above note. 


See. 906. Costs to be computed and assessed as special 
tax. — When said work is completed the president of the board of public 
improvements shall compute the cost thereof, and levy and assess the same 
as a special tax against each lot of ground chargeable therewith in the 
names of the owners thereof respectively, and shall make out and certify 
to the comptroller, on behalf of the contractor, bills of such cost and assess- 
ments accordingly as required by law. (M. C., sec. 904.) 

See notes above. It was held under these sections that it was for the city 
authorities to say whether the sidewalks needed reconstructing or repairing and 
its judgment was conclusive in the absence of bad faith, and that the owner can- 


not defend against a tax bill on the ground that the repairs were unnecessary: 
Heman vs. Franklin, 99 Mo. App. 346; Skinker vs. Heman, 148 Mo. 349. 


See. 907. Permission to build sidewalks required.—No con- 
tractor or property owner, or other person, shall lay, rebuild or repair, or 
cause to be laid, rebuilt or repaired, any sidewalk within the city, without 
first having obtained written permission from the street commissioner so 
to do. (M. C., sec. 905.) 


Sec. 908. Penalty for constructing sidewalks contrary to 
ordinance,—Any person constructing or causing to be constructed, within 
the district above described, a sidewalk of material other than that provided 
for, and every contractor, property owner, or owners, or their agents, who 
shall fail, neglect or refuse to observe the requirements of sections 903, 904 
and 907, or violate the same, shall be guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than twenty dollars nor more than 
fifty dollars for each offense. (M. C., sec. 906.) 


See. 909. Sidewalks repaired by owner on notice—cost spe- 
cial tax.—The street commissioner shall, whenever a sidewalk is out of 
repair, notify the owner or owners, or their agents, of the property adjoin- 
ing the same, through the mail, to have the same repaired within five days; 
and if such owner or owners, or their agents, fail to comply with said no- 
tice within the time specified, then the street commissioner shall cause such 
sidewalk to be repaired, and the cost thereof shall be assessed as a special 
tax on the property adjoining such sidewalk. (Ord. 20538, amending M. C., 
sec. 907.) 

See note to sec. 904 supra; and see Charter Art. VI., sec. 18 and note. Under 
the old provisions of the Charter this ordinance was sustained as valid: Skinker 
vs. Heman, 148 Mo. 349, 353; the owner could not defeat the special tax bill by 
showing that the sidewalk was not out of repair: Heman vs. Ring, 85 Mo. App. 
231 and cases cited. 


Sec. 910. Repair of alleys—notice—special tax.—The street 
commissioner shall, whenever the pavement of an alley is out of repair, 
cause the same to be repaired; but he shall notify the owner or owners, or 
their agents, of the property adjoining that portion of the alley needing re- 
pairs, through the mail, at least five days prior to commencing any work 
of repair, that such repairs will be made. The cost of making such repairs 
shall be assessed as a special tax upon the adjoining property, and each Jot 
shall be taxed only for the repairs made on that portion of the alley ad- 
joining it and lying between the lot line and the center of the alley. (Ord, 
20538, amending M. C., sec. 908.) 


See notes supra. 


760 REVISED CODE OR GENERAL ORDINANCES. [CHAP 82. 


See. 911. Repairs—materials to be used,—Whenever the board 
of public improvements shall consider it advisable and for the best inter- 
ests of the city, in repairing any improved public street, the cost of which is 
payable by the city, to use materials different in kind from those with which 
the street is constructed, it may, by a vote of a majority of all its members, 
direct the repairs to be made of such materials and in such manner as it 
deems best; and it shall be the duty of the street commissioner to have such 
repairs made in accordance with the directions of the board. (M. C., sec. 
909.) 


Sec. 912. Gas light companies to repair streets—when— 
stop-cock boxes.—In all instances where the gas light companies author- 
ize or cause an opening to be made in any street or alley of the city for the 
purpose of putting down pipe, or for any other purpose, it shall be the duty 
of said companies to repair the street or alley and place it in as good con- 
dition, in the opinion of the street commissioner, as it was before the exca- 
vation or opening was made in the street or alley, and the repairs must be 
continued as circumstances may require for the period of one year after the 
said excavation has been refilled, and it shall be the duty of the street com- 
missioner to cause any repairs which in his opinion are not complete to be 
completed, and the cost of such repair by the street commissioner shall be 
deducted from the payment due by the city for lighting the streets. All gas 
stop-cock boxes shall be located in the sidewalks within one foot of the 
curbstone, in front of the premises to be supplied, and shall come up even 
with the pavement. When stop-cock boxes cannot be placed in the side- 
walks on account of vaults, they shall be placed in the street, clear of the 
gutter paving, and within four feet of the curbstone. (M. C., sec. 910.) 

See cases cited in note to Sec. 921. 


See. 913. Stop-cocks—location of—misdemeanor.—aAll per- 
sons, corporations or associations supplying gas for heating, illuminating 
or other purposes, shall place stop-cocks and boxes on the main supply pipe 
leading into any building on the sidewalk in the manner provided for in the 
next preceding section, so that the supply of gas can be shut off without 
entering the building or premises. Any person or persons, corporation or 
association violating the provisions of this and the next preceding section 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 
be fined in a sum not less than fifty dollars, nor more than five hundred 
dollars for each offense. (M. C., sec. 911.) 


Sec. 914. Streets may be closed temporarily—use—mis- 
demeanor,—The street commissioner is authorized, with the approval of 
the mayor, to close any street, alley, public place or highway and withdraw 
the same from public use temporarily and during such period as public 
work thereon shall make such action necessary. Any person using or at- 
tempting to use said street, alley, or public place or highway so withdrawn 
from public use, or driving or attempting to drive any animal or vehicle 
thereon, shall be deemed guilty of a misdemeanor, and on conviction thereof 


shall be fined not Jess than ten dollars nor more than fifty dollars for each 
offense. (M. C., sec. 912.) 


This ordinance does not offend the Charter provision that the power to vacate 
streets and to regulate their use is vested in the assembly; it is in no sense 
a delegation of that legislative power to the mayor and street commissioner but 
is simply a police regulation passed in pursuance of the general welfare clause: 
Haller vs. St. Louis, 176 Mo. 606, 620. 


Sec. 915. Duty of police.—It shall be the duty of the police within 
their respective districts to watch for and arrest persons violating the 
provisions of the next preceding section. (M. C., sec. 913.) 


ART. III.] OF CONSTRUCTION AND REPAIRS. 761 


Sec. 916. Shade trees—where planted — violation misde- 
meanor.— Shade trees may be planted near the curbstones of the side- 
valk; provided, that the same shall not be planted over two feet inside the 
curb line, except with the permission and under the direction of the street 
commissioner. Any person who shall fail to comply with the provisions of 
this section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than ten dollars nor more than fifty dollars. 
(M. C., sec. 914.) 


As to rights of City Forester respecting shade trees, etc., see Art. 12 of this 
Ghapter ¢€secs. 1254 to 1257). 


Sec. 917. Permit to private persons to construct streets, 
ete.—The board of public improvements is hereby authorized to grant per- 
mission to the owners of property fronting upon or adjoining any street. 
avenue, public highway or alley, to grade, construct or reconstruct the curb- 
ing, guttering, roadway paving or sidewalk paving of such street, avenue, 
public highway or alley, at said property owners’ own cost and expense. All 
such work shall be done under the supervision of and according to plans and 
specifications approved by said board. The roadways of streets, avenues 
and public highways so constructed or reconstructed shall be cleaned and 
repaired by the city as other streets of similar material and construction 
are cleaned and repaired. All such permits shall be given upeu the express 
condition that they shall not be construed to impair in any way the right 
of the city to reconstruct such streets, avenues, public highways or alleys at 
any time, nor to entitle such owners to any claim for damages against the 
city for reconstructing the same. (M. C., sec. 915.) 


Sec. 918. Deposit to be made.—Before such permission is issued 
the party or parties making application therefor shall pay into the city 
treasury a Sum of money, to be fixed by the board of public improvements, 
but not less in any case than two hundred and fifty dollars, said sum to be 
a special fund, out of which shall be paid the cost of all engineering and 
inspection which shall become necessary on account of any work done under 
such permission, as well as all costs for refilling, or any other expenses to 
which the city may be put on account of such work, or of any violations of 
the conditions or regulations under which the same is done, and if, after de- 
ducting all such payments, there be any remainder, it shall be returned to 
the party or parties by whom the fund was created. (M.C., sec. 916.) 


See. 919. Vaults under sidewalks—regulations for construe- 
tion, —The board of public improvements may, when requested by prop- 
erty owners, grant permits to construct vaults under sidewalks, subject to , 
the following regulations: First, the area which may be occupied under 
a sidewalk by a property owner in front of his building shall be limited 
to the space between the building line and a line five feet from and parallel 
to the exterior line of the curbing. In no instance shall the ground under 
an entrance to an alley between the building line and the curb line of the 
street be excavated. Second, the outer area wall shall be laid in first-class 
hydraulic cement mortar, and shall be pointed outside at least four feet 
down from the top of the wall. The wall shall not be less than two feet 
thick at the bottom for a height of twelve feet battered to eighteen inches 
at the top in all cases. Third, detail drawings showing the plan of con- 
struction of the vault, and written specifications for same shall be sub- 
mitted with application, and when approved by the board of public im- 
provements and permit issued thereon, shall be kept on file in the street 
department. (M. C., sec. 917.) 


For Charter authority to regulate and prohibit building of vaults under side- 
walks see Art. III., sec. 26, clause 9. Under a similar charter power in Kansas 


762 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


City it is held that if the city has passed no ordinances on the subject, a person 
has a right as abutting owner to maintain a vault under his sidewalk, provided 
the safety of the public and the public easement is not disturbed: Gordon vs. 
Peltzer, 56 Mo. App. 509, 604. 


Sec. 920. Vaults—penalty for construction without permit. 
—Any property owner, agent, builder or any person who shall excavate the 
ground under a sidewalk without first having obtained a permit from the 
board of public improvements so to do, or who shall construct a vault under 
a sidewalk without a permit from the board of public improvements, or who 
shall construct a vault not in accordance with the plans and specifications 
approved by the board of public improvements, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less than fifty 
dollars nor more than five hundred dollars; or who, when notified by the 
street commissioner to remove a vault constructed without permission of 
the board of public improvements, or to alter its construction so that it shall 
conform with the approved plans and specifications, shall fail to do so 
forthwith, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than fifty dollars nor more than five hundred 
dollars, and every day that such vault is allowed to remain or is not changed 
or altered to conform with its duly approved plans and specifications shall 
be deemed a separate offense. (M. C., sec. 918.) 


See. 921. Excavations—not to be made without permission. 
—No person shall make or cause to be made any excavation on any public 
street, highway or alley, without written permission of the street commis- 
sioner so to do, except public work done under the authority of the water 
or sewer commissioner, who at the time of ordering any such excavating 
shall notify the street commissioner of the same. (M. C., sec. 919.) 

See infra sec. 926. The above ordinance was considered in Laclede Gas Light 
Co. vs. Murphy, 170 U. S. 78, affirming State ex rel. vs. Murphy, 130 Mo. 10, hold- 
ing that the right of the Laclede Gas Light Co., if such rights existed under its 
charter granted by the state, was still subject to such reasonable regulations as 
the city deemed best to make for the public safety and convenience and that the 


company was bound to comply with such. See also as to such a regulation being 
a reasonable one: Westport vs. Mulholland, 159 Mo. 86. 


Sec. 922. Excavations—regulations respecting,—In  excavat- 
ing in any street or other public way, all material for paving or macadam- 
izing must be removed with the least possible injury or loss of the same, 
and together with the excavated materials from the trenches must be placed 
where they will cause the least possible inconvenience to the public. The 
width of the excavation shall be no greater than is necessary for doing the 
work, and whenever it shall be deemed necessary by the street commissioner, 
sheeting and bracing shall be used to keep the sides of the trenches per- 
pendicular and prevent unnecessary caving. The street must be opened 
in the manner which will cause the least inconvenience to the public, and 
admit of the uninterrupted passage of water along the gutters. No exca- 
vation made for the purpose of connecting service pipes with water or gas 
mains shall be kept open over night, and every precaution must be taken to 
protect the trench so as to insure the public safety. (M. C., sec. 920.) 


Sec. 923. Exeavations in sidewalks to be bridged.—When 
ever any person shall excavate the sidewalk of any street for building pur- 
poses, it shall be his duty to place a strong and substantial foot bridge over 
such excavation in the line of the sidewalk; said bridge shall be at least, 
five feet broad and securely railed on each side, so that foot passengers may 
pass over it safely and conveniently at all times. (M. C., sec. 921.) 


ART. II.] OF CONSTRUCTION AND REPAIRS. 763 


Sec. 924. Excavations in streets—to be fenced, ete,—obstruc- 
tions — red light, —Every person who shall cause to be made any ex- 
cavation in or adjoining any public street, alley, highway or public place, 
shall cause the same to be fenced in with a substantial fence not less than 
three feet high, and so placed as to prevent persons, animals or vehicles 
from falling into said excavations; and every person making or causing to 
be made any such excavations, and every person who shall occupy or cause 
to be occupied any portion of any public street, alley, highway or public 
place with building materials or any obstruction, shall cause one red light 
to be securely and conspicuously posted on or near such excavation, build- 
ing material or obstruction; provided, such obstruction does not extend 
more than ten feet in length, and if over ten feet and less than fifty feet, 
two red lights, one at each end, shall be so placed, and one additional light 
for each additional fifty feet or part thereof, and shall keep such lights 
burning during the entire night. (M. C., sec. 922.) 

Ordinances imposing such duty to fence excavations only applies to cases 
where the owner’s property extends up to the highway and the excavation or de- 
pression is in such close proximity to that highway as to endanger the safety 
of travelers as travelers on such thoroughfare: Moran vs. Pullman Pal. Car Co., 


134 Mo. 641, 650. That portion of the ordinance requiring a red light to be posted 
was referred to in the case of McCarty vs. Transit Co., 192 Mo. 1. c. 399. 


Sec. 925. Penalty.—Any person violating or failing to comply with 
any of the provisions of the next four preceding sections of this article shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, be fined 
not less than ten dollars, nor more than five hundred dollars. (M. C., sec. 
923.) 


Sec. 926. Excavations in streets—additional regulations— 
fund for expenses—permit—manner of excavation—restoring 
paving—expenses of inspection—withdrawal of special fund,— 
Any person, firm or corporation desiring to make an excavation in any 
public street, alley or highway, for any purpose whatever, shall apply to the 
street commissioner for a permit, which permit shall only be issued after 
the applicant has deposited with the city treasurer the sum of twenty-five 
dollars for each seventy-five feet of trench or fractional part of seventy-five 
feet to be excavated, as a special fund to be used by the street commissioner 
as hereinafter provided, but no excavation permit shall, however, be issued 
during the winter months if in the opinion of the street commissioner thé 
conditions of the weather are such as to make it impracticable to refill the 
trench on account of frozen ground, unless it becomes imperative to repair 
leaks in water pipes, gas pipes or sewers; in such cases the trenches shall 
be refilled with sand, if ordered to do so by the street commissioner. 


It is provided, however, that when the deposits with the city treasurer 
herein required aggregate the sum of five thousand dollars no further de- 
posit shall be required from any one party except such as are necessary 
hereunder to keep the aggregate deposit fully equal to such sum of five 
thousand dollars. 

SPECIAL PERMIT NECESSARY. 


No excavation shall be made in any public street, alley or highway more 
than two blocks in length at any one time, except by special permit from 
the street commissioner. 


DRIVEWAY ACROSS EXCAVATION. 


In all cases where excavations are made entirely across the public high- 
ways, a substantial driveway shall be maintained by the party making the 


764 REVISED CODE OR GENERAL ORDINANCES. [CRAP is. 


excavation, across such excavation until such excavation is refilled, and at 
all times shall be subject to the approval of the street commissioner. 


FILLING EXCAVATIONS—RESTORATION OF PAVING. 


In making excavations in any public street, alley or highway the pav- 
ing material and earth removed must be kept separate, and deposited in a 
manner that will occasion the least inconvenience to the public, with pro- 
vision for proper surface drainage and a safe passageway for travel. The 
refilling with earth of all trenches made in any public street, alley or high- 
way, shall be done at once in thin layers not exceeding four inches in 
height, firmly rammed with a rammer weighing not less than thirty pounds 
until the excavation is filled up to the proper line for placing the pavement 
thereon. But in case the said refilling is not done to the entire satisfaction 
of the street commissioner, then the street commissioner shall have the right 
to take out all the earth from the excavation and have the same refilled at 
the expense of the party who made the excavation and charge the cost 
thereof against the deposit of money belonging to the aforesaid party. The 
street or alley pavement after refilling shall be placed in as good shape and 
condition as it was before such excavations were made. All deficiencies in 
material shall be made good with new material by the party making the 
excavation. Whenever a trench is excavated in any public street, alley or 
highway upon which is laid a pavement of granite, brick, asphalt, bitumin- 
ous macadam or wood blocks, the street commissioner shall direct how much 
of the pavement it will be necessary to remove, and how much of the old 
paving material can be used again; all deficiencies shall be made good with 
new material by the party making the excavation. The pavement shall be 
restored in a firm and stable manner; whenever a pavement is laid on a con- 
crete foundation, fresh cement shall be used to replace the old concrete 
taken out, and the old concrete shall be used as a partial filler and not 
hauled away. The new concrete and the pavement proper must immediate- 
ly thereafter be replaced in a good and workmanlike manner. 


INSPECTION. 


Whenever any of the aforesaid work is done under a permit from the 
street commissioner as hereinbefore provided, in any public street, alley 
or highway, such work, together with the work of refilling the trench and 
restoring the pavement, shall be done under the charge and direction of an 
inspector appointed by the street commissioner, whose duty it shall be to 
see that the aforesaid work is properly done, and is in accordance with 
such rules and regulations as may be prescribed by the street commissioner. 
The pay of the said inspector shall be charged against the deposit herein- 
before provided, and shall be at the rate of thirty cents per hour. The time 
allowed the inspector shall be computed only for the number of hours he 
is actually inspecting the work. Whenever a person, firm or corporation 
applies for a street excavation permit, he shall state in writing in his appli- 
cation the hour he or they will commence work, and the inspector’s time 
shall be allowed from the hour so stated, whether the work is commenced 
or not; provided the inspector is on the ground prepared to oversee the 
work. When any of the aforesaid work is not done strictly in accordance 
with the instruction of the inspector, or in compliance with the rules and 
regulations prescribed by the street commissioner, or is not properly main- 
tained for a period of two years after the completion of said work, the said 
commissioner shall cause all such work to be done and the cost thereof 
shall be charged against the deposits hereinbefore provided. 


AIths 11.) OF CONSTRUCTION AND REPAIRS. 765 


WITHDRAWAL OF SPECIAL FUND. 


Whenever the whole or part of said deposit shall have been expended 
for the purpose herein described, no new permit for excavation shall be is- 
sued until the fund is brought up again by further deposit with the city 
treasurer to the full sum required by this section. Whenever any person 
who has a deposit with the city treasurer for the purpose of taking out per- 
mits for excavations under this section, desires to withdraw such deposit, 
he shall notify the street commissioner, who thereupon shall certify to the 
president of the board of public improvements a voucher for the unexpend- 
ed balance of said deposit; provided that all excavations previously made 
have been refilled as required by this section and all pavements repaired 
to the satisfaction of the street commissioner, and have been maintained 
in good order for at least two years. The president of the board of public 
improvements shall certify said voucher to the city auditor, who thereupon 
shall draw his warrant upon the city treasurer in favor of said person for 
said amount standing to the credit of the special fund created by the pay- 
ments herein provided, and shall take his receipt in full of all claims 
against the city on account of said payments. (Ord. 21457, amending M. 
C.. sec. 924.) 


See. 927. Permits for occupying streets and sidewalks with 
building material,—All permits heretofore issued by the commissioner 
of public buildings authorizing the occupation of any portions of public 
streets, alleys, or sidewalks, for use in connection with building operations, 
or for the placing thereon of building materials, shall be and are hereby 
revoked, and the further use of such ‘streets, alleys and sidewalks for the 
purposes aforesaid shall be unlawful except as provided in sections 928 and 
929. (Ord. 21394.) 


See 928. Temporary occupation of sidewalk, alley or 
street—permit, how obtained—premises to be Kept in orderly 
condition—special fund to be kept up—authority of street 
commissioner—what parts of sidewalk, ete,, may be occupied 
—further regulations, ete.—withdrawal of special deposit— 
Any person, firm or corporation desiring to temporarily occupy any por- 
tion of any public street, alley or sidewalk for the purpose of placing there- 
on materials, or rubbish, from building operations or for excavation for any 
area under a sidewalk, or for any purpose whatever in connection with 
the erection, removal, alteration or repair of any building or other struc- 
ture, shall apply to the street commissioner for a permit for the temporary 
occupation aforesaid, and it shall be unlawful to occupy or obstruct any 
street, alley or sidewalk as aforesaid without a permit from the street com- 
missioner, which permit shall only be issued by the street commissioner 
upon the presentation of a building permit from the commissioner of pub- 
lic buildings, authorizing the work which is to be done, and the city treas- 
urer’s receipt that the applicant has deposited with the city treasurer the 
sum of fifty dollars, without regard to the number of permits, as a special 
fund to be used by the street commissioner, to defray expenses by reason 
of a failure of the person, firm or corporation to whom the permit may be 
issued, to keep said streets, alleys and sidewalks adjacent to the premises 
whereon said building operations are carried on, in a clean and orderly 
condition during the time for which permission for said temporary occu- 
pation is asked; and it is hereby made the duty of any person, firm or cor- 
poration carrying on any building operations, to keep the streets, alleys 
and sidewalks adjoining the premises whereon said operations are con- 
ducted, in a clean and orderly condition during such operations, and at the 
expiration of the time stipulated in said permit, which shall not exceed the 


766 REVISED CODE OR GENERAL ORDINANCES. (CHAP iit: 


time stipulated in the building permit, or whenever ordered by the street 
commissioner, the person, firm or corporation to whom the permit may be 
issued, shall remove all materials and rubbish from the streets, alleys and 
sidewalks adjoining said premises and shall leave the same in a clean and 
orderly condition. 


STREET COMMISSIONER AUTHORIZED TO REMOVE OR REPILE 
OBSTRUCTIONS. 


The street commissioner is hereby authorized to clean the streets, al- 
leys or sidewalks adjoining any premises whereon building operations are 
being carried on, whenever the same may be found in an unclean or dis- 
orderly condition, and he shall remove or repile any building materials or 
rubbish or obstructions which may be found outside of the spaces author- 
ized by his permit to be occupied thereby, or within, four feet of any fire- 
plug or electric conduit manhole, and he shall issue a voucher for the pay- 
ment of the cost of such cleaning or removal, which shall be charged 
against and paid from the deposit hereinbefore provided. 


SPECIAL FUND ON DEPOSIT. 


Whenever the whole or part of said deposit shall have been expended 
for the purpose herein described, the street commissioner shall notify said 
person, firm or corporation to whom the permit may be issued to pay so 
much money into the city treasury as will bring the deposit again up to 
the amount hereinbefore required, and in the event of the failure of said 
depositor to deposit such additional sum, said street commissioner shall 
revoke said permit and it shall be unlawful to occupy any of the aforesaid 
streets, alleys or sidewalks with materials, dirt or rubbish after the revo- 
cation of said permit or to neglect or refuse to remove all materials, dirt 
and rubbish from said streets, alleys and sidewalks after having been noti- 
fied so to do by the street commissioner. The extent of occupation of such 
street, alley or sidewalk or part thereof for which a permit may be granted 
by said street commissioner, shall be as follows: 


HOW MUCH OF SIDEWALK MAY BE OCCUPIED—REGULATIONS AS TO SIDE- 
WALKS~—DANGER SIGNALS. 


Said permit shall not authorize the occupation of any sidewalk, street 
or alley, or part thereof other than that immediately in front of or in thse 
rear of the premises of the building upon which said permit is issued. Dur- 
ing the progress of building operations at least one-third of the sidewalk 
in front of the premises of the building for which such permit is granted 
shall be at all times kept free and unobstructed for the purpose of passage 
and clear of rubbish, dirt and snow. Such sidewalks must, if there are 
excavations on either side of same, be protected by substantial railings, 
which shall be built and maintained thereon so long as such excavations 
continue to exist. It is not intended hereby to prohibit the maintenance 
of a driveway for the delivery of material across suck sidewalk from the 
curb line to the building side. It shall be permitted for the purpose of de- 
livering material to the basement of the buildings, to elevate such tem- 
porary sidewalks to a height not exceeding four feet above the curb level 
of the street, and where excavations are made under or across any sidewalk, 
the street commissioner is hereby authorized to require such elevated tem- 
porary sidewalks to be erected so as to afford safe and convenient passage 
and such elevated sidewalks shall be provided with good substantial steps 
on both ends of the same, and shall have railings, as before specified, on 
both sides thereof. If the building to be erected is more than four stories 


ART. II.] OF CONSTRUCTION AND REPAIRS. 767 


in height, and is set at or near the street line, there shall be built over such 
sidewalk a roof having a framework and covering composed of supports 
and stringers of three by twelve timbers, not more than eight feet from 
centers covered by two layers of two-inch plank. Said roof shall be main- 
tained as long as material is being used or handled on said street front and 
above the level of such sidewalk. In all cases such temporary sidewalks 
and their railings and approaches and the roofs over the same shall be 
made, as regards ease of approach, strength and safety, to the satisfaction 
of the street commissioner. The occupation of the street for the storage of 
building materials shall never exceed, in front of any one building, one- 
quarter of the width of the roadway of the same, and in the streets con- 
taining railroad tracks’ such occupation shall not exceed one-half the dis- 
tance from the curbstone to such railroad tracks. The occupation of any 
public alley as aforesaid shall not exceed one-half of the width of the same. 
[Brick, asphalt and bituminous macadam paving shall be protected with 
wood covering, composed of one-inch plank before any material is placed 
on it.] Earth taken from excavations and rubbish taken from buildings 
must not be stored upon sidewalks or roadways of streets or alleys and 
must be removed from day to day as rapidly as produced. Where dry rub- 
bish, apt to produce dust, is being handled, it must be kept wetted down so 
as to prevent its being blown about by the wind. For all buildings more 
than four stories in height the use of derricks set upon the sidewalk is pro- 
hibited. Materials for such buildings shall be hoisted entirely within the 
inclosing walls of the same. The permission to occupy streets and side- 
walks for purposes of building is intended only for use in connection with 
the actual erection, repair, alteration or removal of buildings and must 
terminate with the completion of such operation. It shall be unlawful to 
occupy any sidewalk or street or alley after the expiration of the time for 
which a permit has been issued by the street commissioner. It shall also 
be unlawful to occupy sidewalk, street or alley under authority of such 
permit for the storage of articles not intended for immediate use in con- 
nection with the operations for which such permit has been issued. Red 
lanterns shall be displayed and maintained during the whole of every night 
at each end of every pile of material in any street or alley and at each end 
of every excavation. It is provided that if the written consent and a 
waiver of claims for damages against the City of St. Louis of the owners 
of the property abutting upon the site of the proposed building is first 
obtained and filed with the street commissioner, the permission to occupy 
the roadway may be extended beyond the limits of such building upon the 
same terms and conditions as those herein fixed for the streets in front of 
the building sites themselves. 
WITHDRAWAL OF DEPOSIT. 


Whenever any person who has a deposit with the city treasurer for 
the purpose of taking out permits, as herein described, desires to withdraw 
said deposit, he shall notify the street commissioner, who thereupon shall 
certify to the president of the board of public improvements a voucher for 
the unexpended balance of said deposit; provided, that all streets, alleys or 
sidewalks have been cleaned as required by this section to the satisfaction 
of the street commissioner. The president of the board of public improve- 
ments shall certify said voucher to the auditor, who thereupon shall draw 
his warrant upon the city treasurer in favor of said person for said amount 
standing to the credit of the special fund credited by the payments herein 
provided, and shall take his receipt in full of all claims against the city 
on account of said payments. (Ord. 21394, amending M. C., sec. 925.) 


That portion of the above section (928) which is enclosed in brackets was not 
passed as a part of the Revised Code, but is an amendment added by Ord. No. 22885 


768 ' REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


(approved March 13, 1907, after the submission of the Revised Code to the as- 
sembly), too late to become incorporated in this revision. 


Temporary occupation of sidewalk by merchandise, ete. See Rev. Code, sec. 
1216. A manufacturing company may make reasonable use of the streetsfor the de- 
posit of their goods, for the purpose of loading or unloading, though not directly 
authorized by a municipal ordinance; but it has no right to make a permanent use 
of the street for storing its property, or to make such temporary use as would 
unreasonably interfere with travel: Gerdes vs. Iron Co., 124 Mo. 347, 354; Corby vs. 
Railroad, 150 Mo. 1. c. 469-470. See also Loth vs. Col. Theatre, 197 Mo. 328, 347 er 
seg. While it is true that sidewalks are intended for pedestrians, it is also true 
that a temporary use of them, for a reasonable time, for goods or materials in 
making public improvements, building houses or carrying on business, is a law- 
ful use; Hesselbach vs. St. Louis, 179 Mo. 505, 5238. See also Straub vs. St. Louis, 
175 Mo. 413; Christman vs. Meierhoffer, 116 Mo. App. 46, 51; Frick vs. Kansas City, 
117 Mo. App. 488; Westliche-Post vs. Allen, 46 Mo. App. 181. 


As to when obstructing a highway is a nuisance, see note to heading to R. C. 
Chap. XII., Art. 12, secs. 584 et seq; see also what are proper uses to which a 
street may be put, note to Charter, Art. III., sec. 26, clause 2. 


Sec. 929. Rubbish from burned buildings to be removed,— 
Whenever a public sidewalk is obstructed by debris or rubbish caused by 
the burning of any building it shall be the duty of the owner of such prop- 
erty or his duly authorized agent to cause the same to be removed within 
seventy-two hours thereafter; and all serviceable building material which 
may be collected after the burning of the building may be placed by the 
owner or his duly authorized agent upon the street in front of such prop- 
erty; provided, that in no case shall the space thus occupied exceed that 
permissible in the preceding section, nor shall he be allowed to occupy this 
space for a period longer than one month unless a building permit be taken 
out for the reconstruction of such building, and a permit from the street 
commissioner be issued for the occupation of such street, alley or sidewalk. 
(7b., amending M. C., 926.) 


Sec. 930. Penalty.—Any person, firm or corporation who shall vio- 
late the provisions of the last two preceding sections, or shall by another 
cause the violation thereof, shall on conviction, be deemed guilty of a mis- 
demeanor and fined not less than five dollars nor more than one hundred 
dollars, for each offense, and every day whereon such violation shall exist 
shall be deemed a separate offense. (/b., amending sec. 927.) 


Sec. 931. Condemned buildings, etc.—sale of, when.—In all 
cases where property, such as buildings, walls, fences, sheds, outhouses, 
or other material obstructions, shall have been taken or condemned in any 
proceeding for the opening of any public highway, a sale thereof shall be 
made by the city marshal, at public vendue, to the highest bidder, for cash, 
which shall be paid at the time of the sale and deposited in the city treas- 
ury within two days thereafter. The conditions of such sale shall be, that 
mm the event the property so sold shall not be moved off of the public high- 
way within twenty days from the day of sale, the city marshal shall pro- 
ceed to sell the property so previously sold, or any portion thereof, again, 
and the money received at the first sale shall be forfeited to the use of the 
city, without recourse therefor, either by purchaser so neglecting to remove 
the same, his heirs or assigns. (M. C., sec. 928.) 


Sec. 932. Streets—obstructions, to whom reported.—When- 
ever it shall come to the knowledge of the street commissioner that any 
street, alley, sidewalk, curbstone, avenue or carriageway, which has beea 
duly dedicated or established according to law, has not been opened or is 
in any manner obstructed, or that there are any encroachments upon any 
such public highways within the city limits, he may, upon his own motion, 
or Shall, at the desire of any person interested therein, inform the board 


ART. I1.] OF CONSTRUCTION AND REPAIR. 769 


of public improvements at the first meeting thereof, and if it shall be found 
by said board that such opening, or removal of obstruction is desirable as 
a matter of public convenience or necessity, he shall immediately give the 
city counselor information thereof in writing, which shall be accompanied 
by a plat showing such obstructions or encroachments. (M. C., sec. 
929.) 

As to Charter authority concerning obstructions, etc., in streets, see Art. IIL, 


sec. 26, clause 9; also 74. clause 2; and see authorities cited in notes to the latter 
and to note in Rev. Code Chap. 11, Art. 12, under “Nuisances.” 


See. 933. Duty of city counselor.—The city counselor, upon the 
receipt of such information and plat, shall forthwith prepare a written 
order for the removal of such obstructions or encroachments, which shall 
be signed by the mayor, and city counselor, and directed to the city mar- 
shal, who shall immediately proceed to execute the same. (M. C., sec. 930.) 


See. 934. Notice to be given,.—Upon the receipt of any such order 
so signed, the city marshal shall give the owner or owners of the property 
fronting upon such obstructions or encroachments (and the occupant or oc- 
cupants thereof if any be found thereon), at least five days’ notice in writ- 
ing, to the effect that if said obstructions or encroachments are not re- 
moved upon the expiration of the time mentioned in said notice, that the 
same will be removed by him at the expense of such owners. (M. ©., sec. 
931.) 


Sec. 935. Notice—by publication when.—lIf, after diligent search, 
the city marshal is unable, from any cause to find any of the owners of the 
property fronting upon any such obstructions or encroachments, he shall 
immediately give such notice by publication, for five consecutive days, in 
the papers publishing the journal of the municipal assembly, and said 
notice, when so published, shall be directed to all the owners of said prop- 
erty who are known to the city marshal, and shall contain a brief descrip- 
tion of the property belonging to owners who are absent or unknown. (M. 
C., sec. 932.) 


Sec. 936. Marshal when to remove obstructions.—If, upon the 
expiration of the time mentioned in such notice so served, the obstructions 
or encroachments are not removed, the city marshal shall forthwith pro- 
ceed to remove the same, and the expense of such removal shall be advanced 
by the city out of a fund to be specially set aside by ordinance for that 
purpose. (M. C., sec. 933.) 


Sec. 937. Special tax bill to be issued,—As soon as the 
amount of the entire expense of such removal shall have been ascertained, 
it shall be assessed in favor of the City of St. Louis, against the ground 
fronting upon the obstruction or encroachment, pro rata, and the owner 
thereof, and a special tax bill shall be issued therefor by the comptroller 
and delivered to the collector for collection. (M. C., sec. 934.) 

This section is said to be of doubtful validity since the Charter amendment of 
1901, eliminating portion of former section 15 of Art. VI. But see as to Charter 


authority to remove obstructions at expense of owner, also Art. III, sec. 26, 
clause 9. 


Sec. 938. Police examinations and reports as to repairs and 
cleaning by.—The police shall examine the condition of the streets and 
alleys within their respective districts from time to time and report to the 
street commissioner through the police commissioners such as need repair- 
ing; they shall also observe within their respective districts the cleaning 


oe 


770 REVISED CODE OR GENERAL ORDINANCES. [CHAP. “82: 


of the streets, alleys, avenues, market places and public squares of the 
city, and report to the street commissioner through the police commis- 
sioners such as need cleaning. (M. C., sec. 935.) 


Sec. 939. Same—report as to littering and obstructing.—It 
shall be the duty of the police in their respective districts to enforce the 
provisions of this article, and to arrest any person violating any provisions 
thereof. And it shall also be their duty to promptly report to the street 
commissioner any and all streets or parts of streets or highways upon 
which any article has been placed, spilled or thrown in violation of the 
provisions ef this article. They shall also examine the condition of the 
streets and alleys within their respective districts from time to time, and 
report, without delay, to the street, commissioner through the police com- 
missioners such as are obstructed in violation of any of the provisions of 
this article. (M. C., sec. 936.) 


Sec. 940. Streets, cleaning — The work of sweeping and clean- 
ing by machine or manual labor the carriageways and gutters of all streets 
and avenues of the City of St. Louis, paved with granite blocks, vitrified 
paving brick, wood blocks or asphaltum, shall be done by the street com- 
missioner. All expenditures made under this section shail be paid out of 
the fund set apart for street cleaning—granite blocks, vitrified paving 
brick, wood blocks and asphaltum pavements. (Ord. 20220, amending M. 
C., sec. 937.) 


ARTICLE III. 
OF SPRINKLING.* 


*For charter authority for ordinances concerning sprinkling see Art. VI., see. 
29. As to the duty of street car companies to sprinkle the space between the 
tracks see Rev. Code secs. 1901-1903. 


See. 941. Sprinkling contract to be let.—The board of public 
improvements is hereby authorized and directed to let the work of sprink- 
ling such of the streets and public places of the city, and parts thereof, 
as are the sprinkling districts designated in this article. (M. C., sec. 938.) 


See. 942-1071.** [The sections from 942-1071 following in the Revised 
Code constituted ord. 22165 defining sprinkling: districts and streets to be 
sprinkled, and amended M. C., sec. 939-993 and 994-1048 inclusive. See note 
below. | 


**Sections 943 to 1006 inclusive of the Revised Code defines the sixty-four 
sprinkling districts into which the city is divided; sections 1007 to 1071 set forth 
the streets and places to be sprinkled. These sections were retained in the code 
at the request of the street department for convenience of reference, though 
in strictness they should have been excluded, since they are special ordi- 
nances and not of a technical general nature which are alone called for in a re- 
vision. The matter covered by sections 943 to 1006 is changed every year by an- 
nual ordinance (in accordance with the Charter Art. VI., sec. 29). The ordinance 
in the Revised Code covers the year 1906, and between the date of introduction of 
the revised ordinance and its passage, a new ordinance amending every section of 
the sprinkling provisions was enacted (Ord. No. 22716, approved Dec. 20, 1906), 
so that sections 9438 to 1006 as enacted in the Revised Code were superseded and 
obsolete even before their approval as part of the revision. In view of these 
facts and especially since all of them are of a special nature at all events, and 
not properly a part of a revision, they have not been printed in this volume. 


Sec. 1072. Lettings, how made—damage to _ fire-plug.— 
Each district shall be let separately and the board of public improvements 


ART. III.] OF SPRINKLING. 771 


shall at all times, so far as is practicable, let the contract or contracts for 
sprinkling said districts at one and the same time. The use of water from 
the fire and sprinkling plugs of the city shall be given to the contractors 
in the several districts free of charge. The board of public improvements 
shall prescribe the rules and regulations under which the fire and sprink- 
ling plugs shall be used, as aforesaid, which rules and regulations shall be 
submitted to and approved by the mayor before they shall become binding. 
The contractor in each district shall be responsible for any damages or im 
juries done to the fire plugs used by him or his employes in the perform- 
ance of his contract. All repairs of damages or injuries done by the con- 
tractor or his employes to a fire plug shall be made by the water commis- 
sioner, who shall certify the cost of same to the street commissioner, whose 
duty it shall be to deduct this amount from any money due to the con- 
tractor for work performed, or which may become due him under his con- 
tract, and the auditor shall transfer this amount from the street sprinkling 
fund to the water-works fund. In cases where it would manifestly incon- 
venience the city to allow the use of any particular plug or plugs, as afore- 
said, the board of public improvements, with the approval of the mayor, is 
hereby authorized to establish plugs or water boxes for the use of the con- 
tractor. (M.C., sec. 1049.) 

The contracts embody a similar condition as to deduction for injuries to fire- 
plugs, etc. Where the amount to be deducted for injuries claimed by the city 
to have been done by the contractor’s employes is in dispute, an acceptance of 
the amount tendered by the city to be in full, is a settlement with the contractor, 
although he accepts under protest: Pollman Coal Co. vs. St. Louis, 145 Mo. 651. 


See. 1073. Specifications to be made.—Before advertising for 
bids, the board of public improvements shall make all specifications for the 
contemplated contracts, which shall be submitted to the mayor for his ap- 
proval. (M. C., sec. 1050.) 


See. 1074. Bids may be rejected.—Should the bids received for 
the aforesaid work of sprinkling be considered excessive in price, the board 
of public improvements may reject any or all of them and advertise again 
for bids until the bids made shall be satisfactory to the board. (M. C., 
sec. 1051.) 


‘See.. 1075 Quantity of water to be used, how regulated. 
—The amount of water used and the manner of its use, together with the 
whole work of sprinkling, shall be under the control and supervision of the 
street commissioner, under such rules and regulations as may be prescribed 
by the board of public improvements, and approved by the mayor. (M. C., 
sec. 1052.) 


See. 1076. Employes in street sprinkling division— 
how appointed— duties—tenure—qualification—salaries—con- 
veyances, etc.—The street commissioner is hereby authorized and may 
- with the approval of the mayor appoint the following subordinates in the 
street sprinkling division of the street department, who shall hold their re- 
spective offices during the pleasure of the street commissioner, and shall 
also perform any service other than is provided in this article, when so or- 
dered by the street commissioner, to-wit: One superintendent of sprink- 
ling, who shall receive a salary of one hundred and twenty-five dollars per 
month, and shall give a bond of twenty-five hundred dollars for the faithful 
performance of his duties, with two good and sufficient securities to be ap- 
proved by the mayor and council, two special inspectors at two dollars and 


772 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 12. 


fifty cents per day and also one clerk at seventy-five dollars per month. 
The superintendent and inspectors shall furnish their own conveyances and 
the cost of the subsistence and maintenance thereof shall, when approved 
by the street commissioner, be paid out of the city treasury; provided, the 
same shall not exceed for each the sum of twenty dollars per month. (Ord. 
20539, amending M. C., sec. 1053.) 


Sec. 1077. Annual  lettings—bond, ete,—The lettings for 
sprinkling the districts hereinbefore established shall be made annually on 
or about the first Tuesday in January, and shall cover the work of sprinkling 
for one year, beginning on the first day of February. The successful bidder 
in each district shall give a bond with two good and sufficient securities, 
to be approved by the mayor and council, to guarantee the city a faithful 
performance of the contract. Nothing herein contained shall be construed 
as preventing any one person, firm or corporation from being awarded — 
the work of sprinkling in two or more districts, if their bids shali be satis- 
factory to the board of public improvements. (J/b., amending M. C., sec. 
1054.) | 


Sec. 1078. Street commissioner may withdraw parts of 
streets. —The street commissioner shall have full power and authority to 
withdraw any street or part of street from the operation of this article, 
either for the whole or any part of the term specified in this article; and 
in such case, the pro rata cost of the sprinkling thus omitted shall be de- 
ducted from the monthly payments to the contractor; such pro rata cost 
to be ascertained by calculating the length that the street so withdrawn 
bears to the total length of the streets covered in the special district such 
streets are sprinkled in. (M. C., sec. 1055.) 


Sec. 1079. Street commissioner may withdraw fire-plug.— 
The street commissioner shall also have full power and authority to with- 
draw from use by any sprinkling contractor any fire plug in any sprink- 
ling district; and no contractor shall thereafter draw water from any plug 
so withdrawn. (M. C., sec. 1056.) 


See. 1080. Cost, how paid—form of tax bill.—The cost of 
the foregoing work shall be paid, as follows: The clerical and inspecting 
forces rendered necessary by the execution of this article and all other ex- 
penses, save only the contract price to the contractor for sprinkling, shall 
be paid and borne by the treasury of the city. The contract cost of the 
sprinkling shall be assessed as a special tax in favor of the city by the 
president of the board of public improvements on the adjoining property, 
fronting or bordering on the streets and public places of the city and parts 
thereof, where the sprinkling is contracted to be done, in the proportion 
that the linear feet of each lot, fronting or bordering on the street or public 
place, so contracted to be sprinkled, bears to the total number of linear feet 
of all property chargeable with the special tax aforesaid in the territory 
embraced by the contract under which said sprinkling is to be done. Said 
special tax bills shall be made out and certified to the comptroller by the 
president of the board of public improvements, and by the comptroller de- 
livered to the collector of this city on or before the first Monday in April, in 
each year, or as soon thereafter as practicable. Said special tax bills shall 
be and become a lien on the property charged therewith, from the first 
Monday in April of the year in which they are issued, and they shall be 
prima facia evidence of the liability of the property charged therewith to 


ART. III.] | : OF SPRINKLING. 773 


the extent and amount therein specified, and may be collected of the owner 
of the land, in the name of and by the City of St. Louis, as any other claim 
in any court of competent jurisdiction, with interest at the rate of six per 
centum per annum from the first day of May in each year, and if not paid 
by the first day of June in each year, then at the rate of eight per centum 
per annum from the first day of April in each year, and all bills in the 
hands of the collector, uncollected and unpaid on the second day of June 
in each year, shall be transmitted to the city counselor, for collection by 
suit or otherwise. The said special tax bills shall be substantially in the 
following form, and the signature of the president of the board of public 
improvements and of the comptroller to said special tax bills may be af- 
fixed by a stamp exhibiting a fac simile of the same: 


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REVISED CODE OR GENERAL ORDINANCES. 


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774 


‘ITIA XVL IWIOUdS Shoe 


(Ord. 20539 Amending M. C. Sec. 1057). 


ART. IVe] OF NUMBERING HOUSES. Tid 


See. 1081. Contract cost to be paid monthly.—The contract 
cost of the sprinkling shall be paid monthly out of the city treasury to the 
contractor, subject to the terms, specifications and conditions contained in 
each contract, respectively, and the city treasury shall be reimbursed for 
such expenditures by the proceeds of the special tax bills aforesaid. (M. C., 
sec. 1058.) 


Sec. 1082. Temporary clerks to be employed.—To enable the 
president of the board of public improvements, the comptroller and the city 
counselor to carry out the provisions of this article, said officers respect- 
ively are authorized, with the approval of the mayor, to employ such tem- 
porary clerks as are necessary, in their several departments, who shall be 
paid for their services while employed, at the rate of two dollars and a half 
per day, and a limited number of said clerks, namely one in ten, shall be 
paid three dollars per day. (M. C., sec. 1059.) 


ARTICLE IV. 
OF NUMBERING OF HOUSES. 


Sec. 1083. Manner of numbering in old: city limits.—The 
numbering of all houses fronting on public streets in the limits of the city, 
as they existed prior to the year one thousand eight hundred and seventy- 
six, Shall be in conformity with the following rules, viz: First, the odd 
numbers shall apply to the north and west sides of the streets, and the even 
numbers shall apply to the south and east sides of the streets; second, on 
all streets running in a northwardly and southern direction the numbering 
shall commence with number one, at Market street, and shall increase 
north and south at the rate of one hundred numbers for each block, as 
nearly as the varying series of streets will admit of—thus: Arsenal street, 
Arrow street, Chouteau avenue, Market street, Franklin avenue, Cass ave- 
nue, Spring street, Salisbury street, and their continuations east and west 
shall be rectified lines of uniformity in numbering north and south; third, 
on all streets running in a westwardly direction the numbering shall com- 
mence at the wharf, and shall increase going westwardly at the rate of one 
hundred numbers for each block as near as the varying series of streets 
will admit of—thus: The Wharf, Third street, Ninth Street, Fourteenth 
street, Jefferson avenue, Grand avenue, and their connections northwardly 
and southwardly, shall be rectified lines of uniformity in numbering west- 
wardly; fourth, the general rule shall be that one hundred numbers shall 
represent each -block going westwardly from the wharf, and a like number 
for each block north and south of Market street. (M. C., sec. 1060.) 


See. 1084. Numbering—manner of, between Carondelet and 
Keokuk street.—The numbering of all houses fronting on public streets 
of that part of the City of St. Louis, between the former southern city 
limits at Keokuk street and the northern limits of the former city of Ca- 
rondelet, and between the wharf and the western city limit, shall be in 
conformity with the provisions of section one of ordinance number five 
thousand seven hundred and one. The numbering of all houses fronting on 
the public streets of the former city of Carondelet shall be in conformity 
with the following rules: First, the odd numbers shall apply to the north 
and west sides of the street; and the even numbers shall apply to the south 
and east sides of the streets; second, on all the streets running in a north- 
erly and southerly direction, the numbering shall be in numerical continua- 


776 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


tion of that of the City of St. Louis, north of the former City of Carondelet, 
as provided for in section one of ordinance five thousand seven hundred 
and one; third, on all streets running in an eastwardly and westwardly di- 
rection, the numbers shall commence with number one hundred at Main 
street, and shall increase east and west at the rate of one hundred numbers 
for each block as nearly as the variations of the streets will admit of. (M. 
C., sec. 1061.) 


Sec. 1085. Numbering—in new limits.—The numbering of all 
houses fronting on public streets in that part of the city situated between 
Grand avenue and its southern continuation, and the city limits of eighteen 
hundred and seventy-six shall be in conformity with the following rules, 
viz.: First, the odd numbers shall apply to the north and west sides of 
the streets, and even numbers shall apply to the south and east sides of 
the streets. Second, on all streets running in a northwardly and south- 
wardly direction, the numbering shall commence with number one at La- 
clede avenue and its western continuation, and it shall increase north and 
south at the rate of one hundred numbers for each block, as nearly as the 
varying series of streets will admit—thus: LEichelberger street, Arsenal 
street, Chouteau avenue and a straight line running from the southeast 
corner of Chouteau avenue and Manchester road to the southeast corner of 
Forest Park, thence along the south line of Forest Park and its western 
continuation of the city limits, Laclede avenue and its western continua- 
tion, Easton avenue, Natural Bridge road and Calvary avenue shall be 
rectified lines of uniformity in numbering north and south. Third, on all 
streets running in a westwardly direction, the numbering shall commence 
with thirty-six hundred at Grand avenue, running south of Florissant ave- 
nue, and shall increase going westwardly at the rate of one hundred num- 
bers for each block, as nearly as the varying series of streets will admit of 
—thus: Grand avenue, Bellefontaine road, Eudora avenue, Gustine avenue, 
Vandeventer avenue, Prairie avenue, Morgan Ford road, Tower Grove ave- 
nue, Park avenue, running through the subdivision of the Laclede race 
course, Boyle avenue, Pendleton avenue, Vine Grove avenue, Clarence ave- 
nue, Gravois avenue, King’s highway, Lay avenue and Snead avenue and 
their connections northwardly and southwardly, shall be rectified lines of 
uniformity in numbering westwardly. Fourth, the general rule shall be 
that one hundred numbers shall represent each block going westwardly 
from Grand avenue, and a like number for each block north and south of 
Laclede avenue. (M. C., sec. 1062.) 


Sec. 1086. Street commissioner.—The street commissioner shal] 
establish all house numbers, and shall allow one number for about twenty 
feet of vacant ground, and he shall furnish all owners of houses with the 
information necessary, for them in placing their numbers on their houses, 
giving in each case a certificate of the number properly applicable to it, 
and all numbering shall be done strictly in conformity with the directions 
of the street commissioner. (M. C., sec. 1063.) 


Sec. 1087. Penalty for violation.—All persons owning or occupy- 
ing houses are hereby required to number their houses in conformity with 
the provisions of this article, and any person who shall number or attempt 
to number a house otherwise than in conformity with the provisions of 
this article, or who shall fail to change his number, if wrong, on notification 
by the street commissioner, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not Jess than five, nor more than 
fifty dollars for every offense. (M. C., sec. 1064.) 


ART. V.] OF STATIONARY AWNINGS. 


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ARTICLE V. 


OF STATIONARY AWNINGS. 


See. 1088. Stationary awning, not permitted within certain 
limits. —No stationary awning shall be erected in this city within the dis- 
trict bounded north by the north line of Washington avenue, south by the 
south line of Walnut street, east by the river, and west by the west line 
of Fourteenth street. Any person erecting a stationary awning in said 
district shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined not less than five dollars for each and every day such sta- 
tionary awning is permitted to remain standing contrary to the provisions 
of this section; provided, however, that this section shall not apply to any 
permanent portico now existing at the main entrance to any hotel or pub- 
lic hall within said district. (M. C., sec. 1065.) 


An awning on a sidewalk in a city, while an encroachment on the side- 
walk, is not necessarily an illegal encroachment: MHisey vs. Mexico, 61 Mo. 
App. 248. 


See. 1089. Limits within which hereafter no awning to be 
erected, —Outside of the district described in the first section of this 
article, as far as the north line of Cass avenue, south to the south line of 
Chouteau avenue, east by the river, and west by the west line of Fourteenth 
street, no stationary awning shail hereafter be erected; provided, however, 
that such as have been or may be hereafter taken down for the purpose of 
repairing or rebuilding, may be re-erected within six months from the time 
of such taking down; and provided, also, that they shall be reconstructed 
with columns, girders and rafters of iron, and of such plan as may be ap- 
proved by the board of public improvements. (M. C., sec. 1066.) 


Sec. 1090. Permits may be granted.—The board of public im- 
provements, subject to such conditions and regulations as may be estab- 
lished by ordinance, may, when requested, grant permits for the construc: 
tion of awnings in this city, outside of the districts prescribed in sections 
ten hundred and eighty-eight and ten hundred and eighty-nine, the plan 
and material for such awning to be approved by said board. Any person 
who shall erect an awning outside of the district described in the first sec- 
tion of this article without permission first had and obtained from the 
board of public improvements, or who shall erect an awning not in con- 
formity to the plan, or of material other than that approved by the board, 
shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined 
not less than five dollars for each and every day such awning is permitted 
to remain standing, contrary to the provisions of this section. (M. C., sec. 
1067.) 


See. 1091. Conditions of grant of permit.—No permit shall 
be granted for erection or re-erection of any awning under this article, ex- 
cept on the condition that the city reserves the right on three months’ no- 
tice, to require same to be taken down at the cost of the owner. (M. C., 
sec. 1068.) 


Sec. 1092. Balcony at theater permitted,—Nothing contained in 
this article shall be held to prohibit the ereetion and maintenance of a per: 
manent portico or balcony at the main entrance of any theater or opera 
house in said district; provided, however, that said portico or balcony shall 


778 REVISED CODE OR GENERAL ORDINANCES. - [CHAP. 12. 


be constructed with iron columns and on a plan to be approved by the board 
of public improvements. (M. C., sec. 1069.) 


See R. C., secs. 118 and 1243. See also Loth vs. Columbia Theatre Co., 197 
Mo. 328, 343, where this ordinance (then sec. 1069 of Mun. Code), was involved in 
the facts before the court and its provisions and validity slightly discussed. 


ARTICLE VI. 


OF ELECTRIC WIRES, TUBES AND CABLES. 


Sec. 1093. Conditions of placing wires, etec.—No wires, tubes 
or cables conveying electricity for the production of light, heat or power 
shall hereafter be placed along or across any of the streets, alleys or public 
places in the city, by any person, corporation or association not having, 
previous to the passage of ordinance number 16894, approved October 26, 
1892, accepted and complied with ordinance number 12723, now amended, or 
unless duly authorized by the municipal assembly, and then only as provided 
by ordinance. (M. C., sec. 1070.) 


This section was part of Ord. 16894, app. Oct. 26, 1892. 


The right of a company, even if its charter be derived from the state (as 
claimed by the Laclede Gas Light Co. in this case), to run electric wires, etc., is 
still subject to such reasonable, police regulations, and regulations of the use of 
the public streets as the city sees fit to impose,amongst others to require under- 
ground wires: Laclede Gas Light Co. vs. Murphy, 170 U. S. 78, affirming State ex 
rel vs. Murphy, 130 Mo. 10; State ex rel vs. Murphy, 134 Mo. 548 (afterwards over- 
ruled, but not on this point). See also cases cited below. 


Telegraph and telephone companies have under the statute a right to occupy 
the streets in constructing their lines of wire, and with the consent of the city 
to lay the same under ground, and the city may contract with them as to the 
conditions of its consent, which are then binding upon it; the city in granting 
a company the right to such underground conduits acts in its proprietary capac- 
ity under the Charter. Although the telegraph company is not strictly a com- 
mon carrier, the use of the streets by such a company is a public use, not incon- 
sistent’ with the purposes a highway is intended to be used for, and the city 
may require it to permit other companies engaged in a similar business to lay 
their wires in its subway: State ex rel Subway Co. vs. St. Louis, 145 Mo. 551 
(overruling State ex rel vs. Murphy, 134 Mo. 548). That the erection and main- 
tenance of electric contrivances, telegraph and telephone poles and wires, on the 
streets, subject to all reasonable regulation and control by the city, is a proper 
use to which the streets may be put, and not a diversion to improper purposes, 
has been frequently held: Julia Blg. Assn. vs. Bell Tel Co., 88 Mo. 258; St. Louis 
vs. W. U. Tel. Co., 149 U. S. 465; 467 (construing St. Louis Charter); W. U. Tel. Ca 
vs. Guernsey Light Co., 46 Mo. App. 120; Gay vs. Mut. Un. Tel. Co., 12 Mo. App. 
485 (holding that ordinarily property owners cannot complain); Forsythe vs. B. 
& O. Tel., 12 Mo. App. 494 (no right to erect unsightly poles);the regulations by 
the city must be reasonable: State ex rel vs. Flad, 23 Mo. App. 185; Hannibal vs. 
TelWeCor ol eMOnw AD Donde 


The city may exact a charge in the nature of rental from telegraph companies 
for the occupation of its streets by telegraph poles: St. Louis vs. W. U. Tel., 149 U. 
S. 465; s.c. 148 U. S. 92; Lancaster vs. Briggs, 118 Mo. App. 570; provided said charge 
is not so unreasonable as to operate to impairtheobligations of contract: St. Louis 
vs. W. U. Tel Co., 68 Fed. 68, affirmed 166 U. S. 388. But while the city may regu- 
late the use of the streets as to telegraph or telephone poles, wires, etc., it has 
not the right under its charter to fix the charges to be made by telephone com- 
panies: St. Louis vs. Bell Telephone Co., 96 Mo. 623 (see R. C., sec. 1195, seeking 
to reserve_such right); and even an express charter provision to that effect 
would confer no such right: State ex rel vs. Telephone Co., 189 Mo. 83. See fur- 
ther as to right to contract for the use of the streets by telephone company: 
California vs. Telephone Co., 112 Mo. App. 722; Lancaster vs. Briggs, 118 Mo. App. 
570. And as to rights of cities and telephone companies over conduits and man- 
holes in the streets see Mo..Ed. Elec. Co. vs. Weber, 102 Mo. App. 95, with discus- 
sion of cases on the subject. 


ART. VI.] OF ELECTRIC WIRES, TUBES AND CABLES. 779 


As to the law governing liability of an electric light company for injuries 
resulting from its wires on the public streets or alleys see Gannon vs. Laclede 
Gas Light Co., 145 Mo. 502; Winkelmann vs. Elect. L. Co., 112 Mo. App. 184; 
Geismann vs. Plectric Light Co., 173 Mo. 654. 


Where the city by an ordinance gives its consent to a company to use the 
street by laying a conduit for conveying electricity, for a certain amount semi- 
annually, and then refuses to permit such use because it is claimed the ordinance 
is void, it cannot claim the consideration during the time it so prevents the com- 
pany from using the street, although the supreme court during that time holds 
such ordinance void, afterwards overruling such holding and declaring it valid 
and enforcing the company’s right: National Subway Co. vs. St. Louis, 169 Mo. EAL IP 


Conduits, wires and manholes placed under the streets pursuant to permis- 
sion, do not become the city’s property, but remain that of the company, sub- 
ject to the public easement of the use of the street and the city’s regulation and 
control; and the company has a right to recover against a private person for the 
destruction of its property by the use of the street in an extraordinary and un- 
usual manner: Mo. Ed. Elect. Co. vs. Weber, 102 Mo. App. 95. 


See. 1094. Manner of placing to be prescribed by board of 
public improvements.—All wires, tubes or cables conducting or trans- 
mitting electricity along or across any street, alley or public place of the 
City of St. Louis, which are to be placed above the surface of the ground, 
shall be secured and placed in such manner as the board of public improve- 
ments may prescribe. (M. C., sec. 1071.) 

' Part of ordinance 18680. Prior to Ord. 18157 this section read “all such wires, 


tubes,” etc., but the word “such” was therein and in subsequent amendments 
omitted. See R. O., 1892, sec. 604. 


Sec. 1095. Underground district.—No wires, tubes er cables con- 
ducting or transmitting electricity shall be placed above the surface of 
any street, alley or public place in that part of the city bounded on the east 
by the Mississippi River, on the west by the west line of Twenty-second 
street, on the north by the north line of Wash street, on the south by the 
south line of Spruce street, and its prolongation to the west line of Twenty- 
second street, after the thirty-first of December, eighteen hundred and 
ninety-eight, except conductors placed inside of posts or brackets used in 
connecting lamps or signal boxes on streets with underground conductors; 
and except, also, such poles, wires, cables, tubes and other electrical con- 
ductors, aS may be necessary and convenient for local distribution; pro- 
vided, however, that such poles may be erected in alleys only; and pro- 
vided that plans and specifications therefor shall be approved by the board 
of public improvements, and a permit therefor issued by said hoard. (M. C., 
sec. 1072.) 


This and following sections (to 1117 inclusive), are the provisions of Ord. 18680 
Known as the ‘“‘Keyes Ordinance” (approved Sept. 8, 1896). 


Ordinance 21046, approved March 10, 1903, amended by Ord. 22194, approved 
Jan. 30, 1906, relates specially to the Western Union Telegraph Co., and the 
Postal Telegraph Cable Co., and, so amended, is as follows (the amended sections 
being two and five, and the sections of the Mun. Code referred to in sec. 1 cor- 
responding to R. C., secs. 1095, 1096, 1097, 1098 and in sec. 2 corresponding to R. 
C., sec. 1102 and the reference to Art. and Chapter being same as in R. C.): 


Whereas, on or about the time ordinance number eighteen thousand six hun- 
dred and eighty became a law and operative, the Western Union Telegraph Com- 
pany and the Postal Telegraph Cable Company failed to comply with all of the 
conditions required of them under ordinance number eighteen thousand six hun- 
dred and eighty, as they contended that one provision was unreasonable, and that 
the matter was before the supreme court of the United States, and as the said 
court subsequently so construed the said provision, and the said provision was 
amended to make its requirements reasonable, but in the meantime the Western 


780 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


Union Telegraph Company and the Postal Telegraph Cable Company were denied 
the privileges and requirements of ordinance number eighteen thousand six hun- 
dred and eighty; therefore, 


Be it Ordained by the Municipal Assembly of the City of St Louis, as follows: 


Section One. The Western Union Telegraph Company and the Postal Tele- 
graph Cable Company, corporations doing business and occupying the streets and 
alleys of St. Louis with their poles and wires, are hereby exempted for a period 
of one year after the passage of this ordinance from the penalties fixed by sec- 
tions Ten Hundred Seventy-two, Ten Hundred Seventy-three, Ten Hundred Sev- 
enty-four and Ten Hundred Seventy-five of the Municipal Code of St. Louis. 


Section Two. The Western Union Telegraph Company and the Postal Tele- 
graph Cable Company are hereby authorized and directed to file the fifty thou- 
sand dollar bond and the acceptance specified in section ten hundred and seven- 
ty-nire of the Municipal Code of St. Louis, relating to telegraph companies, which 
said bond shall contain the conditions required in said section ten hundred and 
seventy-nine, and also a further clause that the giving of the said bond by the 
Western Union Telegraph Company or by the Postal Telegraph Cable Company, 
as the case may be, shall not be considered as a waiver of any of the rights 
of said company under and by virtue of a certain decision of the supreme court 
of the United States in a certain cause wherein the City of St. Louis was plaintiff 
and the Western Union Telegraph Company was defendant, reported in the one 
hundred and sixty-sixth volume of the United States Supreme Court Reports at 
page three hundred and eighty-eight, which said decision affirmed the decision 
in the same case in the United States Circuit Court for the Eastern Division of 
the Eastern District of Missouri, reported in the sixty-third volume of the Fed- 
eral Reporter at page sixty-eight, in which it was ruled that a certain charge 
of five dollars per pole on the poles of the said defendant company was unrea- 
sonable. 


Section Three. Upon the filing of the bond and acceptances specified, the 
Board of Public Improvements is authorized and directed to consider such appli- 
cation as the aforesaid companies may make, and grant such permits as are au- 
thorized in Article Six, Chapter Twelve of the Municipal Code of St. Louis, and 
in the manner therein set forth. 


Section Four. From and after one year from and after the date of approval of 
this ordinance the provisions of the Municipal Code of St. Louis shall become of 
full force and effect and the Western Union Telegraph Company and the Postal 
Telegraph Cable Company, their resident officer, manager and employes, their 
wires and equipment in the City of St. Louis shall be subject to the penalties fixed 
in the penal sections of Article Six, Chapter Twelve of the Municipal Code of 
St. Louis. 


Section Five. All periods of time stated in Article Six of Chapter Twelve of 
the Municipal Code of St. Louis and in ordinance number twenty-one thousand and 
forty-six, so far as the same may be applicable to the said Western Union Tele- 
graph Company and the postal Telegraph Cable Company shall date from the 
approval of this amendatory ordinance in the same manner as set forth in said 
Article six of Chapter Twelve of the Municipal Code of St. Louis, and in ordinance 
number twenty-one thousand and forty-six. 


Sec. 1096. Penalty for placing wire, ete., above surface. 
—Any person or persons, corporation or association, placing any wires, 
tubes, cables, poles or other apparatus for conducting or transmitting 
electricity above the surface, along or across any street, alley or public 
place in the aforesaid territory after December 31, 1898, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined not less 
than ten nor more than five hundred dollars, and each and every wire, tube 
or cable over each and every street for each and every day shall constitute 
a separate offense. (M. C., sec. 1073.) 


Sec. 1097. Wires, ete., when deemed obstruction.—All con- 
ductors, poles and other apparatus used for conducting or transmitting 
electricity along or across any street, alley or public place in the section of 
the city described in section 1095, after December 31, 1898, shall be deemed 
an obstruction to and encroachment on the public highways, except those 
used by street railways, as now authorized by special ordinance. (M. C., 
sec. 1074.) 


ALEGL, Vou) OF ELECTRIC WIRES, TUBES AND CABLES. 781 


Sec. 1098. Penalty for failure to place wires, ete,, under 
ground. —Any person, or persons, corporation or association owning or 
using wires, tubes or cables for the purpose of conducting or transmitting 
electricity above the surface of and along or across any street, alley or 
public place, within the district defined in section ten hundred and ninety- 
five, who shall permit the same to remain above the surface of said streets, 
alleys or public places after December 31, 1898, shall be deemed guilty of 
& misdemeanor, and upon conviction therefor shall be fined not less than ten 
nor more than one hundred doilars, and each and every wire over each and 
every street, alley or public place, shall constitute a separate offense for 
each and every day that said wires, tubes or cables are permitted to remain. 
(M. C., sec. 1075.) - 


See. 1099. Permit to place wires, ete., under ground required. 
—Any person or persons, or any corporation or association which is now 
authorized by its charter or which may be authorized by its charter within 
ninety days after the passage of ordinance number 18680 to operate wires, 
tubes or cables conducting, transmitting or employing electricity for public 
use, and desiring to place said wires, tubes or cables under the surface of 
any of the streets, alleys or public places of the city, is hereby authorized 
after the expiration of ninety days from the approval of ordinance number 
18680 to construct underground conduits and to place and operate wires, 
tubes and cables therein, but must apply for and receive from the board 
of public improvements a permit to construct such conduits, ducts, man- 
holes, and other appurtenances as may be required for placing said wires, 
tubes or cables underground; said application to be accompanied by full, 
general and detailed plans, showing the route, capacity and dimensions of 
said conduits, ducts, manholes and other appurtenances. (M. C., sec. 1076.) 


See. 1100. Consideration of manner of placing wires, etc., 
under ground by board of public improvements.—The board of pub- 
lic improvements is hereby authorized and directed upon receipt of any ap- 
plication, made as provided in section 1099, or upon its own motion, to 
designate a day, which shall be not more than ninety days after the approval 
of this amendatory ordinance, on which they will consider the matter of 
constructing conduits, ducts, manholes and other appurtenances in the 
streets, alleys and public places named in said application or motion, and 
shall give fifteen days’ public notice by advertisement in the city daily 
papers of the time and place and object of their meeting, and of the streets 
to be considered, and on such day all parties interested may appear, and 
any person or persons, corporation or association specified in section 1099, 
desiring to construct a conduit on any street, alley or public place named 
in the advertisement, shall at that time present in writing, with plans and 
details, a statement of their requirements. After said hearing the board of 
public improvements shall consider all of the applications, statements, 
plans and details presented, and examine into the space available for con- 
duits or ducts under the streets, alleys and public places, named in the ad- 
vertisement, and shall decide upon, prepare and approve such plans, details, 
construction, conduits, ducts, manholes, materials and conditions as in their 
opinion the public interests seem to demand, and shall include in the plans 
such ducts, manholes and appurtenances as the city may require for its po- 
lice and fire alarm circuits and telephone service, said ducts, manholes and 
appurtenances as the board may provide for the use of the city, to be con- 
structed and maintained by the parties receiving the permit, and to be used 
by the city free of charge or cost of any kind. Where more than one appli- 
cation, statement or plan is presented to the board of public improvements 


782 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


for conduits, ducts or manholes on any street, alley or public place, said 
board shall have power to compel such applicants to build and maintain 
joint conduits, and in case the construction thereof involves a joint outlay, 
and in case of disagreement among interested parties, said board shall ap- 
portion the expense of the construction and maintenance of such conduits, 
ducts, manholes and appurtenances as may be jointly constructed by two 
or more applicants. (M. C., sec. 1077.) 

See where two companies jointly constructed and used conduit: Wagner vs. 

Ed. El. Co., 177 Mo., 44, 49. 


Sec. 1101. When persons or corporations using wire ex- 
cluded, ete.—All persons, corporations, or associations which fail to ap- 
pear on the day and at the time designated, and submit applications above 
stated, or fail to accept in writing the apportionment of costs made by the 
board of public improvements, or fail to deposit with the city treasurer 
the amount required by section 926 within ten days after notice from said 
board as to its finding, shall be excluded from all right or privilege to ob- 
tain under this article, conduit, duct or manhole facilities in the streets, al- 
leys or public places named in the advertisement insofar as such streets, 
alleys and public places are within the territory defined in section 1095, 
but shall not be excluded from such privileges in such portions of such 
streets, alleys and public places as are outside the limits of such territory, 
nor in such streets, alleys, and public places within said territory as are not 
included in said advertisement, and no person or corporation shali hereafter 
obtain a permit under this article from the board of public improvements 
for conduit privileges within such portions of the streets, alleys and public 
places named in said advertisement as are within said territory defined in 
section 1095. But, in reference to all streets, alleys or public places which 
have not been assigned, or which having been assigned, and are not occupied 
as herein provided, the board of public improvements may proceed, and such 
persons, corporations or associations as are specified in section 1099, mays 
make application and may acquire rights at any time hereafter, in the man- 
ner and subject to the same obligations, duties and conditions provided in 
this article. (M. C., sec: 1078.) 


See. 1102. Permits to construct, alter or repair underground 
conduits, ete., conditions.—The board of public improvements is 
hereby authorized and directed to grant permits to construct, alter or re- 
pair conduits, ducts, manholes,and other appurtenances, under the surface 
of any street, alley or public place within the city and to string wires, tubes 
and cables therein for conducting or transmitting electricity, under the 
terms and in accordance with the provisions of this article, to any person 
or persons, corporation or association furnishing or using electricity for 
public use, on compliance by such person, persons, corporation or associa- 
tion with the terms and conditions of this article, and article eight of this 
chapter, and all other ordinances in force at such time; provided that such 
person or persons, corporation or association shall file with the city register 
a penal bond in the sum of fifty thousand dollars, with two or more good 
and sufficient securities, approved by the mayor and council, conditioned 
that the conduits, ducts, manholes and other appurtenances shall be con- 
structed in strict accordance with the plans approved by the board of public 
improvements and that the city shall be held harmless from all suits for 
damages which may arise from the construction of said conduits, ducts, 
manholes and other appurtenances; and conditioned further that such per- 
son or persons, corporation or association, their assigns or successors, shall 
faithfully comply with all the terms of this article and chapter and with 


ART. VI. OF ELECTRIC WIRES, TUBES AND CABLES. 783 


all ordinances and laws now in force, or which may be hereafter enacted, 
concerning conduits, ducts or other appurtenances or underground wires. 
Such bonds shall be renewed from time to time, whenever the mayor may 
so order, as a condition of the continued use of the conduit privileges ob- 
tained under this chapter, and any refusal to renew a bond when so ordered 
shall forfeit all rights hereunder. (M. C., sec. 1079.) 


See. 1103. Penalty when no permit obtained.—Any person or 
persons, corporation or association, who shall string, or cause to be strung, 
any wire, tube or cable above or beneath the surface of any street, alley or 
public place without a permit, shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined not less than fifty dollars nor more 
than five hundred dollars. (M. C., sec. 1080.) 


See. 1104. City’s right to purchase conduits—method of. 
—The city reserves the right to purchase at any time after the expiration 
of fifteen years from the date of the approval of this ordinance all of the 
conduits or ducts constructed by any person or company, under authority 
from the city by pursuing the following method: Upon the passage of 
an ordinance authorizing the purchase of any or all of said conduits or 
ducts, the mayor, comptroller, president of the beard of pubiic improve- 
ments (or a majority of them), may at any time give thirty days’ notice 
in writing to any owner or occupant of any conduit or duct constructed 
under authority of the city, of intention to purchase the whole or any part 
of such conduit or duct, at a valuation to be placed thereon by three arbi- 
trators, one to be chosen by the mayor of the city, and to be named in such 
notice, one to be chosen by such owner or occupant and to be designated 
in writing to the city within ten days after the service of such notice, and 
the third to be chosen by the two so chosen on the twentieth day after 
the service of such notice, or in the event of their failure or refusing to 
so choose the third arbitrator on said twentieth day, then such third arbi- 
trator to be appointed within five days thereafter by the presiding judge 
of the St. Louis Circuit Court. The arbitrators shall meet at the mayor’s 
office in the city on the thirty-first day after the service of said notice, and 
after duly qualifying shall proceed without unnecessary delay to ascertain 
and determine the value of the conduit or duct or part thereof desired to 
be purchased and described in such notice, and they, or a majority of them, 
shall sign an award specifying such valuation, one copy to be filed with the 
city register and one copy to be mailed to the owner or occupant of the 
conduit or duct or part thereof to be purchased, at his or its last known 
address in the city, and each of the parties to such arbitration shall pay 
one-half of the arbitrator’s fees, which shall not exceed fifty dollars a day 
for each arbitrator actually employed, immediately upon the making of the 
award, and if not so paid the same may be sued for by such arbitrators, 
each for himself, and recovered in any court of general jurisdiction in the 
city. After the filing of such award the city shall within ninety days pay 
to such owner or occupant or into the Circuit Court of the city for his or its 
use, if he or it refuses to receive the same, the amount of such award, and 
may thereupon take possession of such conduit, duct or part thereof, and 
shall then be and become the owner thereof, and all rights of such former 


owner or occupant thereto or therein shall immediately cease and determine. 
(M. C., sec. 1081.) 


See. 1105. Conduits, ete., to be maintained without cost to 
city. All conduits, ducts, manholes and other appurtenances shall be 
maintained by the owners thereof without cost to the city and to the satis- 


784 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


faction of the board of public improvements; failing such maintenance by 
the respective owners, the said board may order any work done which it 
may deem necessary for the proper,\maintenance at the cost of the owners, 
and failure by the owner to pay such cost shall constitute a breach of the 
bond provided in section eleven hundred and two. (M. C., sec. 1082.) 


? 


See Mo. Ed. Elect. Co. vs. Weber, 102 Mo. App. 95, 101. This case also holds 
that the company using conduits by the city’s permission and constructed in ac- 
cordance with the ordinances need build its manholes in the streets only of suf- 
ficient strength to bear such weights as they may be subjected to when the street 
is used for ordinary and proper street purposes; and that if unusual and extraor- 
dinary use results in the destruction of the manholes, the party causing the 
damage is liable. 


See. 1106. City to control conduits, ete.—may order changes, 
ete. — The city shall at all times through the board of public improvements 
have the right to inspect, superintend and control the construction of con- 
duits, ducts, manholes and other appurtenances constructed under this 
chapter, and the city reserves the right from time to time to order any 
changes to be made either in the construction, material or manner of main- 
taining the same, or in the location in the street. All such changes or al- 
terations shall be made by the owner without expense to the city, and if 
any person or persons, corporation or association fails to comply with any 
ordinance directing such changes within such time as may be specified there- 
in, then said board may cause such change or alterations to be made by the 
city and the owner of the conduits or other appurtenances so changed or 
altered shall pay the cost thereof on demand by the city comptroller. Fail- 
ure to make such payment when so demanded shall constitute a breach of 
the bond of such owner and shall forfeit all the rights and privileges hereby 
granted. (M. C., sec. 1083.) ; 


Sec. 1107. Streets to be restored to good condition —penalty. 
—Whenever any portion of any streets, alley or other public place shall 
be torn up or disturbed by the construction, alteration, repair or main- 
tenance of any conduit, duct or manhole or other appurtenance, it shall be 
the duty of the person or persons, corporation or association upon the com- 
pletion of such work, and whenever ordered to do so by the street commis- 
sioner to immediately restore such street to its original condition without 
cost to the city. Any failure to comply with this section shall entitle the 
street commissioner to restore such street at the cost of the person or cor-. 
poration owning or controlling such conduit, and shall constitute a breach 
of the bond provided for in section 1102. (M. C., sec. 1084.) 


Sec. 1108. Procedure where use of common trench neces- 
sary — penalty. — Whenever the plans as approved by the board of 
public improvements require two or more applicants for conduits to use a 
common trench, space or conduit in any portion of any street, alley or public 
place, then all such applicants shall carry on the work of construction at 
such point as nearly at the same time as may be practicable and as may 
be directed by said board, so as to disturb the street at such point to the 
least degree possible, and any company or persons, refusing or failing to 
carry on its work of construction at such point. at that time and in the 
manner directed by said board, shall be deemed to have waived any right 
to any conduit privileges in such street, alley or public place at such point. 
(M. C., sec. 1085.) 


ARTY Viel OF ELECTRIC WIRES, TUBES AND CABLES. 785 


See. 1109. When permits become void.—Any permit granted 
under this chapter shall become void unless the work therein authorized 
is begun within sixty days after such permit is issued and is proceeded with 
continuously and in good faith to completion within a reasonabie time 
thereafter. (M. C., sec. 1086.) 


See. 1110. Provisions not applicable to certain companies 
unless accepted, ete. —Ordinance number 18680 [sections 1094 to 1117 
inclusive,] shall not apply to any company now existing in the city and 
authorized to maintain its wires, tubes and cables along and upon the pub- 
lic streets of the city, under and in pursuance of any contract now existing 
between such company or companies and the city for the lighting of the 
streets of said city with electricity, unless said company or companies shall 
upon the approval of said ordinance file with the city register an accept- 
ance of the terms and provisions of this article, and shall also file with the 
city register a release and discharge of the city from the agreement and 
covenant of the city to pay any part or portion of the cost or expense of 
placing the wires, tubes and cables of such company or companies under- 
gronnd and in conduits as provided in said contracts. And it is further 
provided that if said company or companies shall accept the provisions of 
ordinance number 18680, [sections 1094 to 1117 inclusive] and agree to 
the terms thereof and release the said city from all and every covenant in 
the said contracts, to pay any part of the expense of placing the wires of 
such company or companies in conduits, and under the surface of the earth, 
and if said companies shall jointly and severally agree to pay into the city 
treasury five thousand dollars on the first day of September, 1896, and a like 
sum on the first day of January, of each year thereafter down to and in- 
cluding January first, 1900, then the city does hereby release and discharge 
said companies from any and all liability to pay to the city the sum of five 
per.cent of their gross receipts from private lighting which may have ac- 
crued or may hereafter accrue during the life of said contracts numbered 
twenty-one hundred seventy-six, twenty-one hundred seventy-seven and 
twenty-one hundred seventy-eight, and during the faithful performance of 
said contracts, which latter terminate by limitation, December thirty-first, 
1899, and January first, 1900, respectively; provided, however, that after 
January first, 1900, said companies shall not be released from the payment 
of the five per cent of their gross receipts, required by section 1125, nor 
from complying with all the other terms and conditions of said section 1125, 
and all other general ordinances pertaining to electric lighting companies; 
but, on the contrary said companies expressly agree after January first, 
1900, to be bound by the provisions of article six of this chapter, and of 
all ordinances now in force or hereafter adopted. (M. C., sec. 1087.) 


See. 1111. Permits only granted when terms of ordinance 
accepted. —No permits shall be granted to any company or companies to 
construct underground conduits under ordinance number 18680 [sees. 1094 
to 1117 hereof inciusive], until such company or companies shall file with 
the city register an acceptance of the terms, conditions and obligations of 
said ordinance [sections] in all respects. (M. C., sec. 1088.) 


Sec. 1112. When rights under ordinance terminate.—The 
rights, privileges and powers conferred and authorized by this article shall 
cease and determine and become null and void on the fifteenth day of April, 
nineteen hundred and forty. (M. C., sec. 1089.) 


Sec. 1113. Prices for services.—Until April fifteenth, nineteen 
hundred and forty, the prices charged to customers for telephones, tele- 


786 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12... 


phone services, electric ight and power by persons, corporations or asso- 
ciations obtaining underground conduit privileges in the streets, alleys and 
other public places within the city, shall not in any case exceed the prices 
charged for a similar or corresponding use or service on January first, eight- 
een hundred and ninety-six. (M. C., sec. 1090.) 


See note to sec. 1093 as to right of city to fix telephone rates. 


Sec. 1114. When poles and fixtures to be removed.-— All 
poles and other fixtures shall be removed by the owners thereof within 
ninety days after their wires, tubes and cables supported thereon shall have 
been removed. (M. C., sec. 1091.) 


See. 1115. Restrictions as to use of conduits, ete.— No per- 
son, persons, corporations or associations, building conduits, under ordi- 
nance number eighteen thousand six hundred and eighty [sections 1094 to 
1117 hereof inclusive], shall have the right or privilege to lease or sublet 
space within such conduits, or to use such conduits, for purposes other than 
required by the individual needs of the person, persons, corporation or asso- 
ciation so building such conduits. Any violation of this clause shall be 
deemed a misdemeanor, and shall cause a forfeiture of all the rights and 
privileges granted hereunder. (M. C., sec. 1092.) 


See where, under the St. Louis ordinance, two companies jointly constructed 
and used underground conduit: Wagner vs. Edison Elec. Co., 177 Mo. 44, 49. 


As to power of city to compel company to permit another to use its conduit 
see note to sec. 1093. 


Sec. 1116. City reserves right to repeal.—The city reserves 
the right to alter, amend or repeal ordinance number eighteen thousand six 
hundred and eighty [sections 1094 to 1117 hereof inclusive], at any time 
hereafter. (M. C., sec. 1093.) 


Sec. 1117. Certain apparatus to remain overhead—conditions. 
—AIll clock, burglar alarm, commercial printer, nightwatch and other mes- 
senger callbox wires, carrying currents of low tension, and not fastened 
or attached to poles or other fixtures, placed or set in the streets, alleys or 
other public places, within the limits named, shall be permitted to remain 
overhead; provided that all such wires shall not be less than thirty-five 
feet above the surface and securely fastened, and that each wire or cable 
shall be covered throughout with insulation, to be approved by the super- 
visor of city lighting, and that each and every wire shall be tagged with 
lead tags (and in such manner that it will be impossible to remove the 
tags without destroying the wire or the fixture to which it is attached), 
plainly marked with the owner’s name and that no such wires shall be used 
to connect with immoral places or whose existence is contrary to law. (M. 
C., see. 1094.) 


See. 1118. Application and plat to be filed. — Any per- 
son or persons, corporation or association, duly authorized by ordinance 
to do business in the city, and desiring to place along or across any of the 
streets, alleys or public places of the city, such wires, tubes or cables, shall 
file in the office of the board of public improvements an application therefor, 
stating in detail the streets, alleys or public places which said wires, tubes 
or cables are to occupy, and the manner in which said wires, tubes or cables 
are to be secured or supported and insulated, together with a plat showing 
the route of such wires, tubes or cables. (M. C., sec. 1095.) 


ART. VI.] OF ELECTRIC WIRES, TUBES AND CABLES. 787 


Sec. 1119. Permit may be granted.—The board of public improve- 
ments is hereby authorized, upon the filing of the application and plat re- 
quired by the preceding section, to grant a permit for such occupancy of 
the streets, alleys and public places herein named, with such restrictions, 
regulations and qualifications as may be prescribed by said board, and un- 
der the supervision and to the satisfaction of the supervisor of city lighting. 
(M. C., sec. 1096.) 


Sec. 1120. Wires, ete., may be placed on telegraph poles, 
ete., when.—That in case any person or persons, corporations or associa- 
tion, duly authorized by ordinance, desiring to place along or across any 
of the streets, alleys or public places of the city, such wires, tubes or cables, 
shall, with the application and plat heretofore provided for file in the office 
of the board of public improvements the written consent of any telegraph 
or telephone company, or any other electric ight or power company, doing 
business in the city, to the placing of such wires, tubes or cables upon the 
poles of said telegraph, telephone, electric light or power company, situated 
in the streets, alleys or public places named in such application, the board 
of public improvements is hereby authorized to grant a permit for such oc- 
cupancy of the poles of such telegraph, telephone, electric light or power 
company, with such restrictions, regulations and qualifications as may be 
prescribed by said board, and under the supervision and to the satisfaction 
of the supervisor of city lighting. (M. C., sec. 1097.) 


See. 1121. Poles to be placed in alleys — when. — When- 
ever an alley is available for the placing of poles for the support of such 
wires, tubes or cables, the board of public improvements will advertise for 
five days previous to a day set for hearing objections or arguments in favor 
of placing the said poles in the alley. If, after due consideration, the board 
of public improvements are of the opinion that the placing of poles for the 
purposes aforesaid is practicable, such poles shall be placed along said 
alley instead of along the street named in application. Where the poles 
are set in any alley they shall be located as near the side lines of the alley 
as practicable, and in such a manner as not to incommode the public or the 
adjoining proprietors or residents. (M. C., sec. 1098.) 


Sec. 1122. Dimensions, construction and location of poles.— 
The poles used as herein provided shall be of sound timber, not less than 
five inches in diameter, at the upper end, straight, shapely, and of uniform 
size, neatly planed or shaved, and thoroughly painted with two coats of lead 
and oil paint of such color as may be directed by the board of public im- 
provements, and be supplied with iron steps, commencing twelve feet from 
the surface of the ground and reaching to the arms supporting the wires, 
tubes or cables; said wires, tubes or cables shall be run at a height not less 
than twenty-five feet above the grade of the street. Whenever the poles are 
erected on a street they shall be placed, in all cases, when practicable, on 
the outer edge of the sidewalk, just inside the curbstone and on the line 
dividing the lots one from the other, and in no case be so placed as to ob- 
struct the drainage of the streets, or interfere with or damage in any way 
the curbstones, trees or other public or private property on the line of the 
street or alley or public place where such poles shall be erected. (M. C., 
sec. 1099.) 


See R. C., sec. 1181, nearly the same. 


Sec. 1123. Streets and alleys to be replaced — Any person 
or persons, corporation or association having made excavations in the 


788 REVISED CODE OR GENERAL ORDINANCES. [Oa reser. 


streets, alleys or public places of the city for the purposes aforesaid, shall 
replace the streets, alleys or public places in such manner and in accordance 
with such regulations as may from time to time be prescribed by ordinance, 
or by the board of public improvements, and to the satisfaction of the street 
commissioner. (M. C., sec. 1100.) 


Sec. 1124. Alterations in location of poles, ete., may be 
ordered—penalty for failure to proceed. —The right is hereby re- 
served to the board of public improvements at any time to direct any altera- 
tions in the location of said poles, and also in the height at which the wires, 
tubes or cables shall run; but before any alteration is made, at least five 
days’ notice in writing shall be given to the person or persons, or the presi- 
dent or the officer in charge of the company affected by the proposed altera- 
tion, and reasonable opportunity shall be afforded the representative of such 
company, or any citizen interested, to be heard in regard thereto. But when 
any such alteration shall be ordered, the said company shall, within five 
days thereafter, commence such alterations and complete the same as soon 
as practicable thereafter; and upon failure so to do, it shall be deemed 
guilty of a misdemeanor, and punished as hereafter provided. (M. C., sec. 
1101.) 


- See as to when city has right to compel change of location of telegraph or 
telephone poles, note to sec. 1179. See also as to regulations of poles, etc., sections 
1179-1195 and notes thereto appended. 


'-~ See. 1125. Privileges conferred—on what conditions—per- 
centage of receipts — bond.— No person or persons, corporation or 
association shall be entitled to any of the privileges conferred by this article, 
except upon the following conditions: That said person or persons, cor- 
poration or association, before availing himself or itself of any of the rights 
or privileges granted by this article, shall file with the city register his or 
its acceptance of all the terms of this article, and agree therein that he or 
it will file with the comptroller of the city, on the first days of January and 
July of each year, a statement of his or its gross receipts from his or its 
business arising from supplying electricity for light or power for the six 
months next preceding such statement, which shall be sworn to by such 
person or persons, or the president or secretary of such corporation or as- 
sociation; and further agree that he or it will, at the time of filing said 
statement with the comptroller, pay in to the city treasurer two and one- 
half per cent on the amount of such gross receipts up to the year eighteen 
hundred ninety, and five per cent on the amount of gross receipts thereafter. 
And said person or persons, or corporation or association, shall, at the time 
of filing said acceptance, also file with the city register his or its penal bond 
in the sum of twenty thousand dollars, with two or more good and sufficient 
securities, to be approved by the mayor and council, conditioned that he or 
it will comply with all the conditions of: this article, or any ordinance 
which may be hereafter passed, regulating the placing of wires, tubes or 
cables in the streets and alleys for the purposes named therein; that he or 
it will comply with all the regulations made by the board of public improve- 
ments having reference to the subject embraced in this article or any ordi- 
nance herein named that he or it will make the statements and payments 
required by the provisions of this section, and will save the city harmless 
and indemnified from all loss, cost or damage by reason of the exercise of 
any of the privileges granted by this article or any ordinance which may 
be hereafter passed relating to the subject-matter of tliis article. (M. C., 
sec. 1102.) ; 


ART. VI.) "OF ELECTRIC WIRES, TUBES AND CABLES. 789° 


Sec. 1126. Misdemeanor — penalty. —Any person or persons, 
corporation or association which, or any president, manager, superintend- 
ent or officer in charge of any corporation or association who shall violate 
or fail to comply with any of the provisions of this article, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, be fined not less than 
fifty dollars, nor more than five hundred dollars. (M. C., sec. 1103.) 


Sec. 1127. Reservation of rights.—The city reserves the right to 
alter, amend or repeal this article at any time, (M. C., sec. 1104.) 


See. 1128. Permits to string wire—use must be legal. 
No permit shall hereafter be issued for the purpose of stringing wires for 
communication unless the applicant shall, in writing, agree that the said 
wires shall not be used to connect to or with places used for immoral pur- 
poses, or whose existence is contrary to law. That the said wires shall not 
be used for any purpose contrary to law. (M. C., sec. 1105.) 


See. 1129. [legal use of wires—voids permit — removal. 
—Any permit obtained on the representation that the wires are to be used 
for legal purposes and to connect legal places and are used for other pur- 
poses, shall be and become void, and any wires strung along or across any 
street, alley or public place on the strength thereof shall be unlawful, and 
it shall be the duty of the supervisor of city lighting to cut down the same 
and remove them from the streets. Any person or persons interfering with 
or preventing such removal of wires shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined not less than ten dollars nor 
more than five hundred dollars. (M. C., sec. 1106.) 


See. 1130. Penalty for illegal use of wires.—Any person or 
persons, corporation or association who shall obtain a permit to string 
Wires across or along any street, alley or public place on the representations 
required in section eleven. hundred and twenty-eight of this article, and 
shall, in violation of the same, string wires for illegal purposes, and to il- 
legal places, shall be deemed guilty of a misdemeanor, and on conviction 
thereof be fined not less than ten nor more than five hundred dollars. (M. 
Cera. LLG) 


Sec. 11381. Penalty for stringing wires without permit.— 
Any person or persons, corporation or association, or the president or officer 
_ in charge thereof who shall string, or cause to be strung, any wire, tube or 
cable or electrical conductor, for communication along or across any street, 
alley or public place without a permit, shall be deemed guilty of a mis- 
demeanor, and on conviction thereof be fined not less than ten nor more 
than five hundred dollars, and every street or alley crossed shall constitute 
a separate offense. (M. C., sec. 1108.) 


Sec. 1132. Duty of police to enforce provisions herein.— 
It shall be the duty of the police to assist in the enforcement of this article. 
(M. ©. sec. 1109:) 


Sec. 1133. Penalty for removing cover of manhole, ete., with- 
out authority. — Any person or persons who shall remove the cover or 
lid of any manhole or service box for electric or other wires without having 
a certificate of authority shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten nor more than five hun- 
dred dollars. (M. C., sec. 1110.) 


® 
790 REVISED CODE OR GENERAL ORDINANCES. [CHAPS tE2: 


Sec. 11384. Registry—authority to work about wires, etc. 
All wire-using companies having underground conduits shall register the 
employes whom they wish to be recognized as authorized to open the man- 
holes and service boxes for the purpose of making repairs or inspection of 
electric wires. The registration shall be kept by the supervisor of city 
lighting, who shall issue certificates of authority, upon the written request 
of the company employing the person, subject to such rules and regulations 
as the board of public improvements may prescribe. The said certificate 
shall be good for three months, unless the person is sooner discharged by 
the wire-using company, or is found to be irresponsible and untrustworthy 
by the supervisor of city lighting. (M. C., sec. 1111.) 


See. 1135. Manholes and service boxes to be guarded— 
signals required — penalty. —It shall be the duty of any person, officer 
or employe of a wire-using company, and duly authorized and registered as 
such, to take necessary precaution, and see that an open manhole or service 
box is guarded, and a red flag signal displayed by day and a red light signal 
displayed by night at the opening until the cover is restored and securely 
locked. Any person, officer of any Wire-using company or employe who 
shall fail to observe any or all of the requirements of this section shall be 
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
not less than ten nor more than five hundred dollars. (M. C,. sec. 1112.) 


See. 1186. When certificates to open manhole, etc., may 
be revoked. —Any person who shall be registered and has a certificate 
of authority to open manholes and service boxes for electric wires shall be 
deemed irresponsible and untrustworthy should it be found that he in any. 
way interfered with the wires and cables owned by any other company than 
the one employing the said person, and which may be in a manhole or 
service box in which he is working, or is discharged by the company upon 
whose request certificate was issued, and his certificate of authority shall 
in either of_such events be canceled. (M. C., sec. 1113.) 


See. 11387. Cancellation of certificate disqualifies.—Any person 
whose certificate of authority is canceled shall be treated as an unauthor- 
ized person, as set forth in section eleven hundred and thirty-three. (M. C., 
sec. 1114.) 


See. 1138. Duty of police to enforce five preceding sec- 
tions. —It is hereby made a part of the duty of the police department to 
see that the provisions of the five sections next preceding are enforced, by 
arresting and prosecuting any person disturbing a cover or lid of a man- 
hole or service box for electric wires without the proper certificate of au- 
thority as herein defined. (M. C., sec. 1115.) 


ARTICLE VII. 


®F SUPERVISOR OF CITY LIGHTING, AND REGULATIONS PERTAINING TO 
ELECTRICAL APPARATUS.* 


*Office of supervisor of city lighting was created by ordinance No. 15105, ap- 
proved June 25, 1889 


Sec. 1139. Office of supervisor created—inspectors to be ap- 
pointed. —The board of public improvements, with the approval of the 
mayor, shall appoint an expert in electric lighting, who shall be an engineer 
of not less than'five years’ practical experience. His official title shall be 


ART. VII.) OF SUPERVISOR OF CITY LIGHTING. 791 


supervisor of city lighting, and he, with the approval of the president of the 
board of public improvements, shall appoint one clerk and five inspectors ; 
said inspectors shall be skilled and experienced in the kind of work they 
are to inspect. (M. C., sec. 1116.) ’ 


See. 1140. Salaries, ete.—draughtsman and additional in- 
spectors, — The supervisor of city lighting so appointed shall receive a 
salary of two thousand five hundred’ dollars a year, payable monthly, and 
shall give a good and sufficient bond in the sum of ten thousand dollars, 
conditioned as the bond of other city officers, and to be approved by the 
mayor and council. The clerk shall receive a salary of one thousand five 
hundred dollars a year, payable monthly. The inspectors shall receive 
a salary of one thousand two hundred dollars a year, each, payable monthly, 
and whenever, in the opinion of the supervisor of city lighting, a horse and 
vehicle shall be necessary for the proper discharge of the duties of any in- 
spector, the same shall be furnished and kept by the inspector, who shall 
receive compensation therefor at the rate of twenty dollars per month. The 
supervisor of city lighting may, with the approval of the president of the 
board of public improvements, appoint one draughtsman, one assistant 
clerk, and five night inspectors, and temporarily for work specified in ordi- 
nances relative to the city lighting department, five inspectors of the second 
class; all shall be skilled and experienced in the kind of work they are to 
perform, and such appointments are not to be made until the public service 
demands the same. The draughtsman and the night inspectors shall (each) 
receive a salary of twelve hundred dollars a year, payable monthly, and the 
assistant clerk shall receive a salary of nine hundred dollars a year, pay- 
able monthly. The inspectors of the second class shall receive compensa- 
tion for their services at a rate of ninety dollars per month. (M. C., see. 
eave) 


Sec. 1141. Duties of supervisor.—lIt shall be the duty of the su- 
pervisor of city lighting to carry out the instructions of the board of public 
improvements in relation to lighting the streets, parks, public places and 
public buildings of the city with gas or electricity; the construction and 
operation of all plants used for distributing gas or electricity for light, 
heat, power, telegraph or telephone purposes. He shall report all cases of 
violation of ordinances, rules or regulations of the board of public improve- 
ments in relation to the distribution and use of gas or electricity for the 
purposes aforesaid, and shall, under the instruction of the board of public 
improvements, prosecute the offending parties. He shall have the charge 
of all employes appointed by him and shall see that they perform their du- 
ties faithfully. (M. C., sec. 1118.) 


Sec. 1142. Apparatus used in lighting public buildings 
in charge of supervisor.— The supervisor of city lighting shall have 
charge of all lamps, fixtures, pipes, tubes, cables, conductors and appurte- 
nances used in lighting the public buildings of the city; and shall install, 
alter and maintain same, as directed by the board of public improvements. 
The cost thereof, shall be paid out of funds annually appropriated for light- 
ing public buildings, unless the cost of such is provided for by special ap- 
propriation. (Ord. 20172. See M. C., p. 991.) 


See. 11438. Supervisor to inspect premises.—The supervisor of 
city lighting is hereby authorized and directed to inspect all premises on 
which apparatus for transforming energy of any kind into electrical en- 
ergy, or the reverse, are located or premises where conductors for the trans- 


792 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


mission of electricity are placed, for the purpose of ascertaining their con- 
dition and management and reporting all violations of rules or ordinances 
to the board of public improvements. (M. C., sec. 1119.) 


Sees. 1143 to 1152 are ordinance 16901. 


Sec. 1144. Duty owners to admit supervisor.—It shall 
be the duty of every person, or persons, corporation or association, operat- 
ing or controlling a plant for the production of electricity, or occupying 
premises on which electrical apparatus or conductors may be placed, to ad- 
mit the supervisor of city lighting, or his duly authorized inspectors, and 
assist in making an examination of said premises. (M. C., sec. 1120.) 


Sec. 1145. Duty of owners to employ competent men, etc. 
—It shall be the duty of every person or corporation operating a plant for 
the production or consumption of electrical energy or maintaining con- 
ductors for its transmission, to employ competent men, whose names shall 
be furnished the supervisor of city lighting, and recorded in his office, as 
their authorized agent or agents; one to be in charge of the same at all 
times while in operation, and who shall promptly execute all orders issued 
by the mayor, the supervisor of city lighting, or the chief of fire department, 
which may, in their opinion, prevent accident or injury to life or property ; 
and to keep their wires or conductors that pass over any street, alley, or 
public place, or over or through any building, so marked that the owner 
of the same may be ascertained by inspection; the character of the mark 
to be determined by the supervisor of city lighting, and a record of all 
marks kept in his office, and should the marks become illegible, the wires 
or conductors shall be deemed abandoned, and it shall be the duty of the 
supervisor of city lighting to remove the same. (M. C., sec. 1121.) 


See. 1146. Regulations governing conductors, ete.—The size of 
conductors, distance between supporters, and nature and quality of insulat- 
ing materials to be used, shall, in all cases, be submitted to and subject to 
the approval of the board of public improvements. (M. C., sec. 1122.) 


Sec. 1147. Cut-outs to be provided. —It shall be the duty of every 
person or corporation, supplying or using electricity or maintaining con- 
ductors for the same, to provide cut-outs, and such other devices as may be 
necessary to cut off all electrical communications, of any part of said con- 
ductors, from the source of energy, automatically, when the current exceeds 
a fraction of the capacity of the conductor protected; said fraction to be 
determined by the board of public improvements. (M. C., sec. 1123.) 


Sec. 1148. Most approved devices to be used.—It shall be the 
duty of every person.or corporation operating or maintaining conductors 
for electricity, to provide the most approved device to make it an easy task 
for the servants of the city, or of said person or corporation, to disconnect 
the conductor or any part of it from the source of energy, by simple opera- 
tion of a handle or pulling a cord; rendering the conductor so disconnected 
free from any electrical pressure, tending to produce a flow of electricity 
from one part to another or from it to the ground; said device to be placed 
at or near point where conductors enter building. All such devices to be 
subject to the approval of the board of public improvements. (M. C., see. 
1124.) 


Sec. 1149. Wires considered dangerous—when.—Any wire, ¢a- 
ble, conductor or any machine, lamp or apparatus, through which an elec- 


ART. VII.] OF SUPERVISOR OF CITY LIGHTING. ] 793 


tric current may pass, or the influence of electricity be manifested by its 
various phenomena, shall be deemed dangerous, when any of the manifesta- 
tions tend to delay or intimidate the fire department, or through accident 
their insulation be impaired or their capacity be overtaxed, or through care- 
lessness or otherwise, they come in contact with any of the wires or elec- 
trical apparatus used in giving an alarm to the fire or police department, 
injuring or impairing the proper working of the same. (M. C., sec. 1125.) 


See. 1150. Accidents—all precautions against to be taken. 
It shall be the duty of every lineman or person employed to inspect, repair 
or erect wires or conductors, for the purpose of transmitting electrical en- 
ergy in the city, to take every precaution possible, that the space between 
the wires or conductors erected by them and all other wires and electrical 
apparatus shall be sufficient to prevent accidental contact between them in 
the severest storm; or report the fact that such is impracticable at the office 
of the supervisor of city lighting. (M. C., sec. 1126.) 


See. 1151. Dead wires—notice to remove.—Notice shall be served in 
writing directed to the person or persons, corporation or association operat- 
ing or owning plant, and five days shall be allowed for the removal of any 
or. all uncared-for or dead wires, described therein, before the supervisor 
of city lighting or any of the authorized inspectors of the city lighting de- 
partment remove the same, unless the said dead or uncared-for wires are 
at that time a nuisance and an obstruction to a public place or highway 
or a menace to life or property. (M. C., sec. 1127.) 


Sec. 1152. Penalty.—Any violation of the provisions of this article 
shall be deemed a misdemeanor, and the person, persons, co-partnership or 
corporation guilty thereof shall, on conviction, be fined in a sum not less 
than ten dollars, nor more than five hundred dollars, and every violation 
shall constitute a separate offense. (M. C., sec. 1128.) 


See. 11538. Wires—interference with—penalty.— Any person inter- 
fering with, disarranging or breaking any of the wires, tubes, cables, lamps, 
lamp globes or other apparatus located on any street, alley or public place 
and forming part of the electric system used in lighting the streets, alleys, 
parks, public places or buildings of the municipality of the city, or pre- 
venting the employes of the company contracting to do the lighting or the 
inspectors of the city lighting department, from properly performing their 
respective duties, and thus impairing the proper lighting of the city, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall be 


fined not less than five nor more than one hundred dollars. (M. C., see. 
£L20.) 


Sec. 1154. Conveyance to be furnished by supervisor.—The 
supervisor of city lighting shall furnish his own conveyance, to consist of 
a horse and buggy, and shail receive therefor compensation at the rate .of 
twenty dollars per month. (M. C., sec. 1180.) 


Sec. 1155. Control of board of public improvements.—The super- 
visor of city lighting shall be under the control of the board of public im- 
provements, and said board shall have power to remove him at its pleasure. 
The above appointments shall not be made until the public service demands 
the same. (M. C., sec. 1131.) 


794 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


ARTICLE VIII. 


OF CITY LIGHTING AND MUNICIPAL LIGHTING PLANTS. * 


fxwgSec. 1156. B.P. I. to light designated streets and public 
places, —The board of public improvements is hereby authorized and di- 
rected to light, after January first, nineteen hundred, such of the streets, 
avenues, sidewalks, alleys, wharves and public grounds and squares of the 
City of St. Louis, and parts thereof, as are designated in ordinance number 
19892. “(Ord 19802 seG. dave. ade.) 


See. 8 of Ord. 19892 designates specifically the streets, avenues, sidewalks, al- 
leys, wharves and public grounds and squares of the city and parts thereof to 
be lighted but it is deemed unnecessary to set them out in detail in the general 
ordinances. An ordinance for temporary lighting (No. 19913) was enacted to tide 
over the interim until the foregoing went into effect. 


Sec. 1157. Duration of light—cost of additional lighting.—The 
lighting therein [above] authorized shall be from fifteen minutes after sun- 
set until thirty minutes before sunrise every day in the year. The contracts 
shall provide that any lighting of additional streets, avenues, sidewalks, 
alleys, wharves and public grounds and squares that may be authorized by 
ordinance during the life of the contracts shall be done by the contractors 
at the same rates of compensation as the lighting herein authorized. (J6., 
sec. 2.) 


Sec. 1158. Streets in designated district to be lighted with are 
electric lamps—incandescent electric lamps—where placed. 
—Within the following bounded district the lighting of the streets and ave- 
nues shall be done with are electric lamps and the alleys, wharves, public 
grounds and squares shall be lighted by incandescent electric lamps, the 
said district so to be lighted being bounded as follows: 


Commencing at the Mississippi river where intersected by the north 
line of Bremen avenue; thence westwardly along the north line of Bremen 
avenue to the west line of Ninth street; thence southwardly along the west- 
ern line of Ninth street to the north line of Tyler street; thence westwardly 
along the north line of Tyler street to the west line of Thirteenth street; 
thence southwardly along the western line of Thirteenth street to the north 
line of Cass avenue; thence westwardly along the north line of Cass avenue 
to the west line of Jefferson avenue; thence southwardly along the west 
line of Jefferson avenue to the south line of Chouteau avenue; thence east- 
wardly along the south line of Chouteau avenue to the west line of Seventh 
street; thence southwardly along the west line of Seventh street to the 
south line of Arsenal street; thence eastwardly along the south line of 
Arsenal street to the Mississippi river; thence northwardly along the Mis- 
sissippi river to the place of beginning. 


All streets, avenues, sidewalks, alleys, wharves and public grounds 
and squares of the City of St. Louis and parts thereof which are designated 
in ordinance 19892 [secs. 1156 to 1162 inclusive of Revised Code, and also sec. 


*It would perhaps appear more logical and accurate to assign a separate chap- 
ter to the various ordinances on electrical contrivances, regulations and matters 
(especially lighting plants), contained in this and the two preceding articles: of 
this chapter, but since those matters have in preceding revisions appeared in the 
chapter corresponding to this one, so that the city officials and public generally 
using the revisions have become familiar with such arrangement and classifica- 
tion, it is deemed best to retain the same under this chapter on “Highways.” 


ART, Viilj OF CITY LIGHTING AND MUNICIPAL LIGHTING PLANTS. 795 


8 of ordinance 19892], and not included in the district above described, shall 
be lighted by means of lamps with a refractory mantle made incandescent by 
the combustion of a hvdro-carbon gas. (Ord. 19892, sec. 3.) 


See. 1159. Character of light in said district—units of 
measurement — terms defined. — Each lamp with a_ refractory 
mantle made incandescent by the combustion of a  hydro-carbon 
gas, shall emit a light of not less than sixty candle power. Each are electric 
lamp used shall consume not less than four hundred and eighty watts of 
electrical power in the are. Each incandescent electric lamp used shall be 
of not less than thirty candle power. 


The units of measurement for the lighting herein authorized shall be: 
For lamps with a refractory mantle, made incandescent by the combustion 
of a hydro-carbon gas, one thousand mantle-lamp hours; for are electric 
lamps, one thousand arc-lamp hours, and for incandescent electric lamps, 
one thousand incandescent lamp hours. 


A mantle-lamp hour is hereby defined to be the continuous operation 
of one lamp with a refractory mantle made incandescent by the combus- 
tion of a hydro-carbon gas, at not less than sixty candle power for one hour 


An are-lamp is hereby defined to be the continuous operation of one 
are electric lamp, consuming not less than four hundred and eighty watts 
of electrical power in the arc for one hour. 


An incandescent-lamp hour is hereby defined to be the continuous 
operation of one incandescent electric lamp of not less than thirty-candle 
power for one hour. 


The standard of candle power for measuring the illuminating power 
of jamps shall be the illumination produced by the consumption of one 
hundred and twenty grains of sperm per hour, from the best quality of 
English standard sperm candles. (J/b., sec. 4.) 


Sec. 1160. Separate contracts—terms—bonds.—The contract for 
lighting by means of lamps with a refractory mantle and the contract for 
lighting by means of arc or incandescent electric shall be let separately. 


All contracts for doing the lighting herein [above] authorized shall be 
for a term of ten years. The amount of bond required for the contract for 
lighting with refractory mantle lamps shall be two hundred thousand dol- 
lars. 


The amount of bond required for the contract for lighting with arc or 
incandescent electric lamps shall be one hundred thousand dollars. (Jb., 
sec. 5.) 


See. 1161. Payment of cost of lighting.—The cost of lighting 
herein [above] authorized shall be paid by the City of St. Louis out of the 
fund appropriated for “Street Lighting.” (Jb., sec. 6.) 


See. 1162. Contract conditions for are and incandescent elec- 
tric lamps.—The contract for lighting the district described in section 
1158, and required to be lighted by means of are and incandescent electric 
lamps, shall contain a provision that the contractor or contractors shall 
have the right of furnishing electricity for light, heat or power to con- 
sumers other than the City of St. Louis located within said district, or 
located within the blocks immediately adjacent thereto; upon the condi- 
tion, however, that said contractor or contractors before undertaking to 


796 REVISED CODE OR GENERAL ORDINANCES. LCPEA TP las 


avail themselves of this privilege, shall first comply with all the provisions, 
conditions and requirements of sections 1125 and 1126, or with ali of the 
provisions, conditions and requirements of said sections as they may at any 
time hereafter or from time to time, be altered or amended, or with the 
provisions, conditions and requirements of any other ordinance provisions 
that may be enacted in lieu of said sections. Said contractor or contractors. 
shall further have the right to construct all necessary conduits for his or 
their use, within the boundaries of the district established and defined in 
ordinance number eighteen thousand six hundred eighty [R. C., sec. 1095], 
approved September eight, eighteen hundred ninety-six: Provided, how- 
ever, that all such conduits shall be built within two years from and after 
the date of the contract, and none thereafter; and shall also have the right, 
outside of the district so established and defined in said ordinance number 
eighteen thousand six hundred eighty [sec. 1095], and within the district 
embraced in the contract, to erect poles and to string wires overhead for the 
distribution of electricity for light, heat or power; or in the district last 
referred to, may construct all necessary conduits, manholes and appurte- 
nances for his or their use, provided that all such conduits, manholes and 
appurtenances shall be built within five years from the date of said con- 
tract, and none thereafter; and said contractor or contractors for the use 
aforesaid may place wires, tubes and cables in the conduits so constructed. 
(1b., sec. T:) ; 


Sec. 1163. Lighting of southernmost part of city.—That por- 
tion of the City of St. Louis south of the south line of Keokuk street and 
south of said south line produced east to the Mississippi river and west to 
the western city limits, shall have the said streets, avenues, sidewalks, al- 
feys, wharves, public grounds and squares located therein lit with hydro- 
carbon gas, for a period from February twenty-fourth, nineteen hundred 
and five, to August thirty-first, nineteen hundred and ten, inclusive. (Ord. 
2LTLO-Sec210 


-Ord. 21719, sec. 6, repealed ordinance 19915 (M. C. p. 996). 


Sec. 1164. Same—contract how let and contain what.— 
The board of public improvements is hereby authorized and directed to ad- 
vertise for bids and let a contract for the lighting of all streets, avenues, 
sidewalks, alleys, wharves, public grounds and squares in the City of St. 
Louis in the territory described in section 1163, by means of lamps having 
a refractory mantle made incandescent by combustion of hydro-carbon gas, 
for a period of time as described in said section 1163 of this article; each 
of the lamps herein provided for shall be lighted not later than fifteen min- 
utes after sunset, and shall burn continuously until thirty minutes before 
sunrise every day in the year. (JD., sec. 2.) 


Sec. 1165. Contract how awarded -— deposit — bond. — Bids to 
be received and the contract awarded under sections 1163 to 1168 
inclusive, in accordance with article eight, chapter twenty-four of the Re- 
vised Code of the City of St. Louis [R. C., secs. 1976 to 1994a inclusive], 
and according to the plans and specifications and form of contract on file 
with the president of the board of public improvements. The deposit to be 
made by the contractor bidding for this work is hereby fixed at twenty-five 
thousand dollars. The bond to be given by the successful bidder is fixed in 
the sum of one hundred thousand dollars. (J/0b., sec. 3.) 


See. 1166. What provisions contract shall contain.—The con- 
tract entered into for lighting of the territory described in section 1163 
shall contain the following provisions, to-wit: “The said party of the first 


ART. VIII.) OF CITY LIGHTING AND MUNICIPAL LIGHTING PLANTS. 797 


part hereby agrees to save and keep the City of St. Louis free and harmless 
from the payment of any and all damages, costs, expenses, royalties, patent 
fees, lawyer’s fees, or Sum or sums of money whatsoever by reason of any in- 
fringement or alleged infringement of any patent or patented devices, arti- 
cle, system or arrangement that may be used by said first party in the exe- 
cution of this contract and these specifications; and that said party of the 
first part will not use any process or device which is covered by letters pat- 
ent of the United States except with the consent of the patentee or his as- 
signs.” (JD., sec. 4.) 


Sec. 1167. Cost how paid.—tThe cost of lighting that portion of 
the City of St. Louis as described in section 1168 of this article and herein 
{above} authorized, shall be paid by the City of St. Louis out of any funds 
annually appropriated for lighting said district. (Jb., sec. 5.) 


Sec. 1168. On termination of contract to be re-let.—In case 
of the forfeiture or other determination of any contract entered into under 
the authority of sections 11638 to 1170 hereof, prior to its termination by 
lapse of time, the board of public improvements shall have authority to let 
another contract for the doing of the work herein provided for during the 
unexpired term, in which event it shall advertise for bids therefor as pro- 
vided by ordinance in force at such time or times. (JD., sec. 7.) 


Sec. 1169. Municipal electric light plant to light public places 
and streets.—There is hereby created a fund for the erection and in- 
stallation of a municipal lighting plant for the purpose of lighting the 
streets, alleys and public places. 


Said fund shall be used for the purpose of erecting a suitable building, 
purchasing machinery, constructing conduits, pole lines and providing all 
the necessary equipments, appurtenances and attachments for the installa- 
tion of complete electric light plant, and shall be expended only as when 
directed by ordinance. (Ord. 20959, sec. 1.) 


Sec. 1170. Same —fund created.—On or before the fifteenth day 
of May of each year the comptroller shall have authority to transfer from 
municipal revenue to “fund for the erection and installation of electric light 
plant” the sum of one hundred and forty thousand dollars. (Jb., sec. 2.) 


See. 1171. Public buildings to be lighted by electric 
lamps. — The board of public improvements is hereby authorized and di- 
rected to cause the lighting by means of electric lamps made luminous by 
the passage of a current of electricity the following buildings, from and 
after the approval of the first contract by the council, to-wit: Fire engine 
houses and police stations north of Keokuk street and its prolongation; 
court house; old city hall building, while occupied and used by the city; 
city hospital and buildings on city hospital grounds; insane asylum and 
buildings on insane asylum grounds; female hospital and buildings on 
female hospital grounds; poorhouse and buildings on poorhouse grounds’; 
four courts and buildings on same block; new city hall; city buildings num- 
ber twenty-three hundred twenty-two Clark avenue and buildings on same 
lot; Forest Park buildings, including Lindell pavilion, park department 
stable and observatory; water department buildings, including pumping 
engine houses, boiler houses, coal houses, gate houses, machine shops, black- 
smith shops, warehouses and office buildings at Chain of Rocks, Bissell’s 
Point, Baden, Compton hill reservoir grounds and pipe yard at Taylor 


798 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


avenue and Duncan avenue; Union market and Soulard market; street de- 
partment buildings at number twenty-seven hundred thirty-two Arsenal 
street, number nineteen hundred eleven Wash street and number thirty- 
seven hundred four north Grand avenue, while occupied and used by the 
city; health department buildings at number thirty-five hundred sixty-four 
south Broadway and thirty-six hundred eighteen north Broadway, while 
occupied and used by the city; temporary city hospital and buildings on 
temporary city hospital grounds, while occupied and used by the city; har- 
bor and wharf commissioner’s office on the levee. (Ord. 19914, sec. 1; M. 
G5 Dp. 990-) 

Ord. 22878, enacted too late to appear in the Revised Code, repealed ord. 19914, 
which is Rev. Code, secs. 1171 to 1176; the new ordinance provides for the letting 
of contracts by the B. P. I. for furnishing electricity used in lighting the public 
buildings of the city. See this ordinance set out in the appendix to the Revised 


Code. For electric plants at New City Hall, Insane Asylum, etc., see below, secs. 
UAE GPT RANT Rte 


Sec. 1172. Duration and terms of contract.—Contracts let under 
authority of sections 1171 to 1176 shall be for terms of one year, provided, 
however, that the first contract shall be for a term beginning five days after 
the approval of the contract by the council, and ending August thirty-first, 
nineteen hundred and one. The said first contract shall provide for the 
furnishing of electricity and necessary lamps, fittings, wiring and their 
maintenance during the term of the contract, provided, however, the city 
shall have the right to provide its own lamps, fittings, wiring and maintain 
the same; subsequent contracts shall provide only for the furnishing of the 
electricity. (J0b., sec. 2.) 


Repealed by ord. 22878; see preceding note. 


Sec. 1173. Separate contracts for each district.—The lghting 
herein authorized shall be executed under separate contracts for lighting 
the designated public buildings in the following districts, namely: 


District number one—Bounded by the western city limits, the northern 
city limits, the Mississippi river and the south line of Washington avenue 
and said south line produced to the western city limits. 

District number two—Bounded by the western city limits, the south 
line of Washington avenue and said south line produced to the western 
city limits, the Mississippi river, the south line of Keokuk street and said 
south line produced to the western city limits. (J/b., sec. 3.) 


See note to sec. 1171. 


Sec. 1174. Unit of measurement. —The unit of measurement for 
the electricity furnished for the lighting of the public buildings herein 
authorized shall be one thousand watt hours. A watt hour is hereby de- 
fined to be the expenditure of one watt of electrical power for one hour. 
(Ib., sec. 4.) 


See note to sec. 1171. 


Sec. 1175. Amount of bonds.—The amount of bond required under 
all contracts let under this ordinance shall be the full amount of the con- 
tracts. (J0b., sec. 5.) 

See note to sec. 1171. 

Sec. 1176. Payment of cost of lighting.—The cost of the light- 
ing herein authorized shall be paid by the City of St. Louis out of the fund 
annually appropriated for “Lighting public buildings.” (Jb., sec. 6.) 

See note to sec. 1171. ’ 


Sec. 1177. Electric plant at new city hall to light certain 
buildings. —The board of public improvements is hereby authorized and 


ART. IX.] OF TELEGRAPH AND TELEPHONE POLES. 799 


directed to construct an electric light plant in the basement of the New City 
Hall, with all necessary conduits, wiring and attachments and appur- 
tenances for the purpose of lighting the New City Hall, Four Courts and 
jail, old city hall whilst occupied by the city, engine house number six and 
court house. (Ord. 20837.) 


See. 1178. Same—at insane asylum to light certain buildings. 
—The board of public improvements is hereby authorized and directed to 
construct an electric light plant at the insane asylum, with all necessary 
pole lines, attachments and appurtenances for the purpose of lighting the 
insane asylum, female hospital, poorhouse and engine house number thirty- 
five. (Ord. 20838.) 5 


ARTICLE IX. 
OF TELEGRAPH AND TELEPHONE POLES. 


See. 1179. Telegraph poles, etc—conditions of setting.—Any 
telegraph and telephone company duly incorporated according to law, doing 
business or desiring to do business in the city, is hereby authorized to set 
its poles, pins, abutments, wires and other fixtures along and across any 
of the public roads, streets and alleys of the city subject to the regulations 
hereinafter provided. (M. C., sec. 1132.) 


A telegraph company is not strictly a common carrier, but the use of the 
streets by such a company is a public use, not inconsistent with street purposes: 
State ex rel Subway Co. vs. St. Louis, 145 Mo. 551 (overruling State ex rel vs. Murphy, 
134 Mo. 548); Julia Building Co. vs. Bell Tel Co., 88 Mo. 258; St. Louis vs Western 
Union, 149 U. S. 465, s. c. 148 U. S. 102. A company’s right to place electric wires 
is subject to reasonable police regulations of the city: Laclede G. L. Co. vs. Mur- 
phy, 170 U. S. 78, affirming State ex rel vs. Murphy, 130 Mo. 10. But a municipal or- 
dinance which peremptorily directs a change in the location of telephone poles, as 
previously permitted and occupied, can not be upheld when it is neither averred 
nor shown that the existing location incommodes the public, or that any good 
reason exists for the removal: Hannibal vs. M. & K. Tel Co., 31 Mo. App. 23. 


See. 1180. Telegraph poles—when may be set in alleys.— 
Whenever, in the judgment of the board of public improvements, the use of 
any alley for such purpose is practicable, the poles of such companies shall 
be placed upon and along said alley instead of upon and along the streets 
next adjoining and parallel thereto. Where the poles are set in any alley 
they shall be located as near the side lines of the alley as practicable and 
in such manner as not to incommode the public or the adjoining proprietors 
or residents. (M. C., sec. 1133.) 


Sec. 1181. Size and quality of poles—location.—-The poles used 
as herein provided shall be of sound timber, not less than five inches in 
diameter at the upper end, straight, shapely and of uniform size, neatly 
planed or shaved, and thoroughly painted with two coats of lead and oil 
paint of such colors as may be directed by the board of public improve- 
ments, and be supplied with iron steps commencing twelve feet from the 
surface of the ground and reaching to the arms supporting the wires; said 
wires shall be run at a height not less than twenty-five feet above the grade 
of the street. Whenever the poles are erected on a street, they shall be 
placed in all cases, when practicable, on the outer edge of the sidewalk just 
inside of the curbstone, and on the line dividing the lots one from the 
other, and in no case to be so placed as to obstruct the drainage of the 
streets or to interfere with or damage in any way the curbstones, trees or 
other public or private property on the line of the street or alley where 
such poles shall be erected. (M. C., sec. 1154.) 


See R. C., sec. 1122, nearly the same provisions. 


800 REVISED CODE OR GENERAL ORDINANCES. [CHAP? 12. 


Sec. 1182. Proposed route to be submitted to board—paving 
restored. 
poles upon any street or alley they shall submit for approval to the board 
of public improvements the route of their proposed line or lines, stating the 
name of the street or streets to be occupied, or if an alley the number of the 
block, and as far as practicable, the location of each pole. All work of 
excavating, refilling and restoring the pavement shall be done under the 
supervision and direction of the street commissioner and to his entire satis- 
faction, and in all cases the pavement shall be restored as speedily as possi- 
ble and to the same condition it was before. (M. C., sec. 1135.) 


See. 1183. Board may direct alterations.—The right is hereby 
reserved to the board of public improvements at any time to direct any 
alteration in the location of said poles and also in the height at which the 
wires shall run; but before any such alteration is made at least five days’ 
notice in writing shall be given to the president or local officer in charge 
of the company affected by the proposed alteration; and reasonable oppor- 
tunity shall be afforded the representatives of such company or any citizen 
interested to be heard therein. But when any such alteration shall be or- 
dered, the said company shall, within five days thereafter, commence such 
alterations and complete the same as soon as practicable thereafter, and 
upon failure so to do, it shall be deemed guilty of a misdemeanor and 
punished as hereinafter provided. (M. C., sec. 1136.) 


Sec. 1184. Deposit to be made—penalty. telegraph or 
telephone company doing business in this city shall keep on deposit with 
the treasurer the sum of fifty dollars, subject to the order of the street com- 
missioner, to be used by him in restoring any sidewalk, gutter, street or 
alley pavement displaced or injured in the erection, alteration or removal 
of any pole of such company, when said company refuses or fails to make 
such restoration to the satisfaction of such commissioner. Any company 
failing te make such deposit within five days after commencing business, 
or which shall fail to make good the amount when any portion of it has 
been expended as herein provided, within five days after notice so to do has 
been sent by the street commissioner, shall be deemed guilty of a misde- 
meanor and punished as hereinafter provided. (M. C., sec. 1187.) 


Sec. 1185. Poles—use of top cross-arms by city to be 
agreed to.—Any company erecting poles under the provisions of this ar- 
ticle shall, before obtaining a permit therefor from the board of public im- 
provements, file an agreement in the office of the city register permitting 
the city to occupy and use the top cross-arms of any pole erected, or which 
is now erected for the use of said city for telegraph purposes free of charge. 
(M. C., sec. 1188.) ° 


Sec. 1186. Article construed. contained in this article 
shall be so construed as to in any manner affect the right of the city in the 
future to prescribe any other mode of conducting such wires over or under 
its thoroughfares. (M. C., sec. 1139.) , 


Sec. 1187. y telegraph and tele- 
phone company doing business in this city shall, within five days after com- 
mencing business, file with the city register its acceptance in writing of so 
much of this article as relates to the use by the city 2: top cross-arm of the 
poles. (M. C., sec. 1140.) 


ART. IX. ] OF TELEGRAPH AND TELEPHONE POLES. 801 


See. 1188. Compensation for use of streets.—All telegraph and 
telephone companies which are not by ordinance taxed on their gross in- 
come for city purposes shall pay to the city for the privilege of using the 
streets and alleys and public places thereof, as follows: The pole lines and 
the wires carried thereon for each and every three hundred feet of street, 
alley or roadway along or across which the pole line and wires extend, the 
sum of two dollars per annum. For house-top wires, including those which 
are permitted to remain overhead by virtue of the provisions of article six 
of this chapter, in the following described district, to wit: Mississippi 
river on the east, Twenty-second street on the west, Wash street un the north 
and Spruce street on the south, and on all wires carried on poles belonging 
to others, the sum of ten cents annually for each and every wire wherever 
the same crosses a street or public alley, being ten cents for each and every 
such crossing or intersection. (M. C., sec. 1141.) 

St. Louis is authorized to impose upon a telegraph company putting its poles 
in the streets a charge in the nature of a rental for the exclusive use of the 
parts so used. St. Louis vs. W. U. Tel: Co., 149 U. S. 465. Such a charge is not a 
privilege or license tax, and whether it is reasonable is a question for the court: 
St. Louis vs. W. U. Tel. 148 U. S. 92; see also 166 U. S. 388. Imposition of a license 
on a company doing business exclusively within a city does not interfere with 
interstate commerce and is a police regulation: Postal Tel. vs. Charleston, 153 U. 


S. 692. But the city cannot fix the rates for telephone companies: See note to R. 
C., sec. 1195, and cases there cited. 


Sec. 1189. Annual statement to comptroller.—The supervisor 
of city lighting shall report to the comptroller on or about the first day of 
July each year the extent of streets, alleys and public places over and along 
which the pole lines and wires of each telegraph and telephone company, 
not paying five per centum of their gross receipts into the city treasury 
may be erected, as well as any and all wires on house-tops or on poles not 
- owned by the wire owner, and the number of such crossings or intersections. 
(M. C., sec. 1142.) 


See. 1190. Collector may examine officers—-when.—lIf the l- 
cense collector shall not be satisfied of the correctness of any statement so 
made by said officer, he shall have power to require said officer to appear 
‘before him with the books and papers of the company and submit to an ex- 
amination concerning the matters aforesaid, and if it shall be ascertained 
to the satisfaction of the license collector on said examination, or in any 
other manner, that said officer has not returned the full number of poles 
in use, as above provided, he shall order the company to pay him forthwith 
the deficiency ascertained by said examination. (M. C., sec. 1143.) 


See. 1191. Penalty for violating preceding sections.—Every 
violation of the provisions of the foregoing sections of this article shall 
constitute a misdemeanor, and the corporation, or the principal officer, 
thereof, in St. Louis, violating the same, shall, upon conviction, be fined 
not less than fifty dollars nor more than five hundred dollars for each of- 
fense, and every day’s refusal or neglect to pay the amount aforesaid in 
each year after the first day of August of said year shall constitute a sep- 
arate offense. (M. C., sec. 1144.) 


Sec. 1192. Privileges—conditions of bond.—No person or per- 
sons, corporation or association, doing a telephone business in the City of 
St. Louis shall be entitled to the privilege of using the streets, alleys and 
public places of said city, as provided in the preceding sections of this ar- 
ticle, except upon the following conditions, to wit: That said person or per- 


802 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


sons, corporation or association about to commence business shall file in the 
office of the city register, at the time that the application is made for the 
use of the streets or alleys, under the provisions of the preceding sections 
of this article, his or its written acceptance of the privileges granted by 
the said preceding sections of this articie, and agree therein that he or 
it will on the first day of July and January of each year thereafter file 
with the comptroller of the city a statement of his or its gross receipts 
from his or its business arising from the telephone business for the six 
months next preceding such statement, which shall be sworn to by such 
person or persons or the president or secretary of such corporation or as- 
sociation; and further agree that he or it will at the time of the filing of 
such statement with the comptroller, pay into the city treasury two and 
one-half percent on the amount of such gross receipts up to the year eight- 
een hundred and ninety, and five per cent on the amount of such gross 
receipts thereafter, which amount shall be in addition to all other taxes 
imposed by law, and such person or persons, corporation or association 
shall, at the time of filing such acceptance, also file with the city register 
his or its penal bond in the sum of twenty thousand dollars, with two or 
more good and sufficient securities, to be approved by the mayor and coun- 
cil, conditioned that he or it does comply with all the provisions of this 
article and of all ordinances which may hereafter be passed relating to tele- 
phone companies and will pay into the city treasury the percentage upon its 
gross receipts, as provided by this section. (M. C., sec. 1145.) 


See. 1193. Comptroller may examine books and papers.—If 
the comptroller shall not be satisfied of the correctness of any statement 
made as required in the preceding section he shall have power to require 
any of the parties making such statement to make to him an exhibit of 
the books and papers of such party, and he may make an examination 
thereof, and if it shall appear from such books and papers, or if in any 
other manner he shall have satisfactory proof thereof that the gross re- 
ceipts of such party during the time specified in such statement, were great- 
er than the amount so returned in such statement, then the said party not- 
withstanding such statement, shall pay into the city treasury the percent- 
age as provided in section eleven hundred and ninety-two upon such excess. 
(M. C., sec. 1146.) 


See. 1194. Penalty for violating two preceding sections. 
Any person or persons, corporation or association, doing a telephone busi- 
ness in the City of St. Louis, or any president, manager, superintendent or 
local officer in charge thereof, who shall violate or fail to comply with any 
of the provisions of the next two preceding sections of this article, shall 
be deemed guilty of a misdemeanor and upon conviction thereof, shall be 
fined not less than fifty dollars nor more than five hundred dollars for each 
offense; and each and every day’s refusal or neglect to pay the amount due 
for any six months, as provided in the preceding section of this article, 
within ten days after the same becomes due and payable, shall constitute 
a separate offense. (M. C., sec. 1147.) 


Sec. 1195. Reservation of rights.—The city reserves the right to. 
fix the rates and charges for the use of telephones and to alter, amend or 
repeal the next three preceding sections at any time. (M. C., sec. 1148.) 


Where there is no reservation in the contract, an ordinance of a city attempt- 
ing to fix telephone rates is void as beyond municipal functions: State ex rel 
vs. Telephone Co., 189 Mo. 838; the right to regulate the rates of telephone com- 
panies does not exist under the St. Louis Charter: 96 Mo. 623; and even an ex- 
press charter provision (in Kansas City charter) was held void because the fixing- 
of telephone charges is not a municipal function: State ex rel vs. Telephone- 
Co., 189 Mo. 83. 


ARTE I) > OF GARBAGE DISPOSAL. 803 


ARTICLE X. 
OF GARBAGE DISPOSAL.* 


*See in connection herewith Chap. XI, Art. 13, secs. 685-693; and also R. C.,, 
secs. 607, 614 and 688, relating to garbage and offal. The provisions for the dis- 
posal of garbage and slops were, prior to the passage of ordinance 21416, in- 
cluded in the duties of the Health Department (Mun. Code secs. 675 ef seq.) 
But it was held in the case of State vs. Butler, 178 Mo. 272, that under the St. 
Louis Charter the authority could not be conferred by ordinance upon the Board 
of Health to contract for the disposal of garbage (which was ‘public work” and 
under the jurisdiction of the B. P. I.), and that such ordinances were void; there- 
after this subject was transferred by ordinance No. 21416 from the health depart- 
ment to the street department, the B. P. I. to let the contracts. Ord. 21417 re- 
pealed Ord.: 20476, and provided for an emergency contract with the St. Louis 
Sanitary Co. for the disposal of garbage and dead animals up to Nov. 14, 1904 
(said company having had the prior contract under the void ordinance, which con- 
tract was declared canceled by the latter one); Ord. 21418 and 21419 provided 
for the relief of Excelsior Hauling Co. and St. Louis Sanitary Co., both of which 
had been under contract with the city, and was in compromise of their claims. 
Ord. 21420 provided for the purchase by the mayor and comptroller of certain 
realty (part of the garbage plant) and repealed secs 674-703 of the M. GC. Ord. 
21608 authorized the street commissioner to appoint employes in the garbage 
division, ete., Ord. 21609 authorized the purchase by the city of the hauling 
plant formerly owned by Excelsior Hauling Co.; and Ord. 21568 authorized the 
erection for the garbage division of the brick houses at Vandeventer avenue and 
Forest Park boulevard. 


See. 1196. B. P. I. to contract for disposal of garbage.—The 
board of public improvements is hereby authorized and directed to provide 
by contract for the disposal of garbage of the City of St. Louis, by removal 
thereof not less than five miles outside of the corporate limits of the City 
of St. Louis. (Ord. 21416, sec. 1.) 


The B. P. I. and not the board of health should let the contract: State vs. 
Butler, 178 Mo. 272. 


Sec. 1197. Contract to run fifteen years,—The term of said con- 
tract shall be for a term of fifteen years from date of approval thereof by 
the city council and shall become operative at the date designated by the 
_board of public improvements. (J0., sec. 2.) 


Sec. 1198. Term “garbage’’ defined.—The term “garbage” shall 
include the refuse matter from kitchens, pantries, dining-rooms and other 
parts of hotels, restaurants, boarding-houses, tenement houses, dwelling 
houses, the public institutions belonging to the City of St. Louis, the State 
of Missouri, the United States and all other public institutions, market- 
houses, private hospitals and club-houses, the animal refuse from slaughter- 
houses, the refuse garbage and animal matter from butcher shops, meat 
shops and vegetable stands, the refuse fruit and vegetables from stores and 
commission houses, the refuse animal matter from poultry stores, the refuse 
from fish stores, all dead animals, including dogs, cats, goats, sheep, fowls, 
horses, mules, steers, cows and bulls that may be collected from the streets, 
alleys, parks or from private premises in the City of St. Louis, and all ani- 

mal and vegetable matter that may be delivered or caused to be delivered 
to the contractor by the City of St. Louis or any person or corporation 


therein. (Jb., sec. 3.) 
See R. C. sec. 685. 


k to be un- 
act shall be made in 


Sec. 1199. Contract controlled by 


der 


804 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


accordance with such rules and regulations as may from time to time be 
approved by the board of public improvements and the work done there- 
under shall be under the direction of the street department. (Jb., sec. 4.) 


Sec. 1200. B. P. I. to advertise for bids, ete.—It shall be the 
duty of the board of public improvements to advertise for bids for the dis- 
posal of said garbage within thirty days after the passage and approval of 
this ordinance; provided, however, that the said board shall have full power 
and authority to reject all bids so advertised for and submitted, if in its 
judgment, the interests of the city may so require, and in such event shall, 
in like manner as herein provided, readvertise for bids for such work. 
(1.0:, BEC. %D;,) 


Sec. 1201. What contract to cover. —Said contract shall provide 
that the contractor for the disposal of garbage shall receive garbage from 
the city or anyone authorized by said city to deliver garbage to the con- 
tractor at such points within the City of St. Louis as may from time to time 
be designated by the board of public improvements. (JD., sec. 6.) 


Sec. 1202. Same.—Said contract shall also provide that the con- 
tractor shall, in a manner approved by the board of public improvements, 
establish suitable receiving stations at points to be designated by the board 
of public improvements, and provide proper means of transportation from 
the city for all garbage that may be delivered to said contractor. (JD., 
sec. 7.) 


Sec. 1203. Same—bond.— Said contract shall provide that the con- 
tractor shall furnish bond for fifty thousand dollars to guarantee the fulfill- 
ment of said contract. (J/0., sec. 8.) 


Sec. 1204. Emergency contract when authorized.—The board 
of public improvements is hereby authorized to enter into an emergency 
contract, pending the awarding of a new contract, for the disposal of said 
garbage in case of the failure of the contractor to fulfill the terms of said 
eontract. (J/D., sec. 9.) 


See. 1205. Subordinates in garbage division of street de- 
partment—tenure-—-duties.—The street commissioner is hereby author- 
ized and empowered, with the approval of the mayor, to appoint the follow- 
ing subordinates, who shall hold their respective positions during the pleas- 
ure of the street commissioner, and who shall perform the duties herein- 
after specified and such other duties as pertain to their respective positions 
and such as may be required of them by the street commissioner, to-wit: 
One superintendent of garbage division, four inspectors of garbage division, 
one first clerk and one second clerk in said division, one stable superin- 
tendent who is a thoroughly practical horseman and can perform the duties 
of a veterinary surgeon when required, one carpenter, one blacksmith, one 
wagonmaker, one harness-maker, one painter, one foreman dead animal 
wagons, two drivers dead animal wagons. The superintendent of garbage 
division shall have supervision over the work of collecting and disposal of 
the garbage in the City of St. Louis, as well as of the removal of dead ani- 
mals. The four inspectors of garbage division shall assist the superintend- 
ent of said division in supervising the work above mentioned. The first 
clerk and the second clerk shall be under the directions of the superintend- 
ent of garbage division and perform such clerical duties as may be assigned 
to them. (Ord. 21608, sec. 1.) 


ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 805 


Sec. 1206. Same—salaries—bonds.—The superintendent of 
garbage division shall receive a salary of two hundred dollars per month, 
and shall file a bond in the sum of five thousand dollars, to be approved by 
the mayor and council; the four inspectors of garbage division shall each 
receive a salary of one hundred dollars per month; the first clerk in the 
aforesaid division shall receive a salary of one hundred dollars per month, 
and give a bond in the sum of two thousand dollars, to be approved by the 
mayor and council; the second clerk in the same division shall receive a 
salary of seventy-five dollars per month; the stable superintendent shall re- 
ceive a Salary of two hundred dollars per month, and shall file a bond in 
the sum of five thousand dollars, to be approved by the mayor and council ; 
the carpenter shall receive a salary of ninety dollars per month; the black: 
smith shall receive a salary of seventy-five dollars per month; the wagon: 
maker shall receive a salary of seventy-five dollars per month; the harness: 
maker shall receive a salary of seventy-five dollars per month; the painter 
shall receive a salary of sixty dollars per month; the foreman of dead ani- 
mal wagons shall receive a salary of seventy-five dollars per month; the 
two drivers of dead animal wagons shall each receive a salary of sixty dol- 
lars per month. (JD., sec. 2.) 


See. 1207. Same—additional employes — tenure—salaries, 
—In addition to the employes hereinbefore authorized the street commis- 
sioner, with the approval of the mayor, may appoint such drivers for 
garbage wagons, drivers of mud wagons, stablemen and blacksmith helpers 
as may be required for the efficient working of the garbage division, and who 
shall hold their respective positions during the pleasure of the street com- 
missioner. The salaries of the employes authorized to be appointed by this 
section shall be as follows: Drivers for garbage wagons shall each receive 
a salary of fifty dollars per month; stablemen shall each receive a salary of 
fifty dollars per month; blacksmith helpers shall each receive a salary of 
fifty dollars per month. (JD., sec. 3.) 


ARTICLE XI. 
OF OFFENSES CONNECTED WITH HIGHWAYS.* 


*For offenses against public safety (fast driving, automobiles, 'etc.), see R. C. 
secs. 1551 ef. seg. (Ch. 18, Art. 3). For violations of ordinances respecting shade 
trees, city forestry department, etc., see R. C. Secs. 1258, 1259. 


Sec. 1208. Barbed wire fences prohibited.—lIt shall be unlaw- 
ful for any person, or persons, company, or companies, corporation, or cor- 
porations to erect, construct or hereafter maintain, or use any fence com- 
posed, in whole or in part, of barbed wire, upon any street having an im- 
proved sidewalk parallel therewith and adjacent thereto, within the limits 
of the city. (M. C., sec. 1149.) 


Sec. 1209. Same—penalty.—Any person or persons, company or 
companies, corporation or corporations, violating the provisions of section 
1208, after being duly notified by the police in writing to remove same 
within ninety days, shall be deemed guilty of a misdemeanor, and shall be 
fined not less than five dollars nor more than one hundred dollars for each 
and every offense, and each day such fence shall be used or maintained after 
July eleven, eighteen hundred and ninety-three shall constitute a separate 
Offense. (M.C., sec. 1150.) 


See. 1210. Driving on sidewalks or hitehing to trees. 
Whoever shall, in this city, lead, drive or place any beast of burden or 


806 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 12. 


vehicle on any paved sidewalk or footway, otherwise than going into or 
out of any premises owned or occupied by him or his employer, and shall 
hitch or fasten any animal to a hydrant, or to any ornamental or shade tree, 
or lamp-post, shall be deemed guilty of a misdemeanor. (M. C., sec. 1151.) 


Sec. 1211. Excavation for public work to be protected. 
Any citizen or contractor for public work, who shall make an excavation 
in any highway or thoroughfare, and shall not cause poles or timbers, 
raised at least three feet above the ground, to be so placed as to prevent 
persons, animals or vehicles from falling into the said excavation, shall be 
deemed guilty of a misdemeanor. (M. C., sec. 1152.) 


Sec. 1212. Vaults to be covered.—Whoever shall in this city, dig 
or cause to be dug, in any highway, thoroughfare or sidewalk, a vault, and 
shall not arch or cover the same over, and secure the grating or covering 
of the opening thereof, in such manner as to prevent persons, animals and 
vehicles from falling therein, shall be deemed guilty of a misdemeanor. 
(M. C., see. 1153.) 


Sec. 1213. Openings in sidewalks—how fitted.—Any opening 
in a paved sidewalk leading into an area or vault beneath, or into a cellar, 
shall be fitted with wood or iron cover or grating, set in flagging even with 
the surface of the sidewalk, and said cover or grating shall have no lock. 
hinge nor any fastening projecting above the sidewalk, and shall be secured 
in such manner as to prevent accident to any one passing over it. Any 
person who shall fail to comply with the provisions of this section, or who 
shall leave an opening in a sidewalk uncovered, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined not less than ten 
dollars, nor more than one hundred dollars. (M. C©., sec. 1154.) 


See. 1214. Cellar doors and gratings to be Kept closed. 
—Whoever in this city shall keep or leave open any cellar door, or grating 
of any vault on any highway, thoroughfare or sidewalk, or shall suffer any 
such door or grating belonging to premises occupied by him, to be in an 
insecure position [condition], whereby passengers may be in danger of 
falling into a cellar or vault, shall be deemed guilty of a misdemeanor. 
(M. C., sec. 1155.) 


~ 


See case for personal injury sustained by being precipitated into a cellar 
through an open cellar door: Fehlhauer vs. St. Louis, 178 Mo. 635, holding that 
cellar doors are not nuisances er se. 


See. 1215. Down pipes—how constructed.— Every person own- 
ing or occupying any: building in this city shall cause the pipes conducting 
the water from the eaves of the building to be so constructed as not to 
spread the water over the sidewalks. Any person violating the provisions 
of this section, shall be deemed guilty of a misdemeanor. (M. C., sec. 1156.) 


See. 1216. Regulations as to signs, projections over sidewalks, 
obstructions, merchandise on walk, ete.—misdemeanor—ex- 
ceptions. —Whoever shall in this city set up, or cause to be set up, or 
who shall hereafter in this city maintain any sign, sign box, illuminated 
sign, lettered lamp, or other fixture which shall extend over or upon any 
sidewalk more than eighteen inches from the building line or inside of said 
sidewalk, and whoever shall suspend any merchandise or other article in 
front of any house more than eighteen inches from the wall thereof, if less 


ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 807 


than eight feet above the pavement, or more than two feet from the wall 
at any height above the pavement, and whoever shall place or throw, or 
cause to be placed or thrown, upon any street. highway, thoroughfare, side- 
walk or other public place any article whatever, so as to obstruct or other- 
wise encumber the same, or shall, upon any such place, expose or offer any 
merchandise or other property for show or sale by auction or otherwise, 
Shall be deemed guilty of a misdemeanor: Provided, that nothing in this 
section shall be so cunstrued as to prevent merchants or manufacturers 
from occupying with their wares eighteen inches of the inside of the side- 
walk, where said sidewalk is eight ‘feet or less in width, twenty inches if 
over eight feet and less than ten feet in width, and two feet if the side- 
walk is ten feet or over in width. Nor shall this section be so construed as 
to prevent merchants from occupying a greater space on the sidewalk when 
receiving or shipping goods, if said goods are not permitted to remain on 
such sidewalk more than eight hours, and at least one-half of the sidewalk 
is at all times kept clear for the use of pedestrians or passage; and, pro- 
vided, further, that nothing in this section shall be construed as applying 
to movable awnings made of cloth or canvas, which, when lowered, shall not 


be less than seven and one-half feet, in the clear, above the sidewalk. (Ord. 
20529. ) 


Amending sec. 1157 of Mun. C. But this section seems not entirely harmonious 
in some particulars with Rev. C. sec. 121. Sec. 1157 of Mun. Code (now replaced 
by sec. 1216 Rev. C.), was before the supreme court for consideration to some 
extent in the case of Loth vs. Columbia Theatre Co., 197 Mo. 8328, 350, a case of 
damages for personal injuries against the theatre company and the city because 
of the fall of a large sign from above upon a pedestrian. 


As to temporary obstruction of sidewalk for highway, and to what extent 
lawful see note to Rev. Code sec. 928. 


Sec. 1217. Fruit stands, etc.—regulations concerning. 
occupation of any portion of any street, avenue, alley or sidewalk with any 
stand (in the common acceptation of the term fruit stand), table, shelving, 
wagon or cart for the purpose of selling or offering for sale any fruits, 
candies, nuts or other merchandise, when such occupation interferes with 
or obstructs the passage of any vehicle, is hereby prohibited (and in no 
case shall there be more than four peddlers or hawkers vending their goods 
in any one block, except at market places, nor shall more than two occupy 
the same side of the street). Any person who may violate the provisions 
of this section, shall be deemed guilty of a misdemeanor, and shall be fined 
not less than two dollars, nor more than five dollars; provided, that this 
section shall not be so construed as to prevent persons dealing in fruits 
candies, nuts, and other merchandise, and who rent stores, cellars or othe 
portions of buildings, from occupying the walls of their respective stores or 
buildings and the sidewalks upon which they front in the same manner, 
and to the same extent as other merchants are permitted to do by law, and 
subject only to the restrictions and provisions contained in the preceding 
section; provided, this section shall not apply to book, newspaper or fruit 
stands logated on any sidewalk and against the outside wall of any building, 
upon the following conditions: First, that the sidewalk shall not be occu- 
pied to a greater extent than merchants are allowed to occupy with their 
merchandise: second, that they shall only be permitted at such places where 
the occupants of the store consent thereto; third, that the owners of said 
book, newspaper or fruit stands shall pay a merchant’s tax and license 
therefor. (M. C., sec. 1158.) 


See. 1218. Throwing fruit on sidewalks forbidden.—Any 
person who shall throw or place upon any sidewalk or cross-walk, any part 


808 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12, 


of fruit or vegetable or other substance, which, when stepped upon by any 
person, is liable to cause him or her to slip or fall, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by a fine not 
less than one dollar, or more than twenty-five dollars. (M. C., sec. 1159.) 


Sec. 1219. Seetions to be posted in fruit stores.—The 
proprietor or keeper of any store, stand or other place where fruit, vegeta- 
bles, or other substances mentioned in the foregoing section are sold, shall 
keep a copy of this and the next preceding and the next succeeding sections 
suspended or posted in a conspicuous place on his or her premises, failing in 
which, he shall be punished by a fine of not less than five dollars nor more 
than ten dollars. (M. C., sec. 1160.) 


Sec. 1220. Hoisting of merchandise, etc., over thorough- 
fare forbidden.—Any person in this city who shall hoist, lower or let 
down on the outside of any building, over any thoroughfare, any merchan- 
dise, grain, or building or other material or article, shall be deemed guilty 
of a misdemeanor. (M. C., sec. 1161.) 


See. 1221. Injuring public property a misdemeanor.—Any 
person who shall in this city wilfubly cut, hack or otherwise injure any awn- 
ing post, sign, fire plug, hydrant, ornamental or shade trees, railing, fence 
er other inclosure, or any property belonging to the city, shall be deemed 
guilty of a misdemeanor. (M. C., sec. 1162.) : 

See. 1222. Coal or firewood not to be thrown on side- 
walks.—Any person who shall in this city cast, throw or place upon any 
paved sidewalk any stone, coal or firewood, or shall saw, or permit to be 
sawed, any firewood, upon such sidewalk, shall be deemed guilty of a mis- 
demeanor. (M. C., sec. 1163.) 


Sec. 1223. Obstruction of highways with vehicles forbid- 
den. —If any wagoner, carter, drayman or the driver of any carriage, sleigh, 
sledge, buggy, furniture car, or any other vehicle for pleasure or burden, 
shall stop or place any such cart, wagon, dray, carriage, sleigh, sledge, buggy, 
furniture car, or other vehicie for pleasure or burden, in any street, lane or 
publie alley, or near the intersection of any street, lane or public alley, or 
across the crossing or footway along or across such lane, street or public 
alley, he shall be deemed guilty of a misdemeanor; and upon conviction 
thereof, shall be fined not less than ten nor more than five hundred dollars. 
(M. C., sec. 1164.) 


Sec. 1224. Unauthorized obstruction and excavations for- 
bidden.—Any person who shall, himself, or by another, place upon any 
highway or other public place any obstruction not authorized by ordinance, 
or make any excavation in such place without lawful authority, or displace 
or remove any stones, stakes or other landmarks placed by any, officer of 
this city, under authority thereof, or injure or deface any crop shall be 
deemed guilty of a misdemeanor, and upon conviction thereof be fined not 
less than ten dollars nor more than five hundred dollars. (M. C., sec. 1165.) 


Any encroachment upon any part of a highway, whether on the traveled 
part thereof or on the sides comes clearly within the idea of a nuisance; State vs. 
Campbell, 80 Mo. App. 110, 113. See note at beginning of Art. 12, Chap. XI., and 
cases there cited. 


See. 1225. Penalty for spilling articles on streets from 
wagons, ete.—Any person who shall drive over or along any street or 


ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 809 


highway in St. Louis, any wagon or other vehicle containing dirt, earth, 
clay, stone, macadam, brick, wood or any material used in the construction 
of streets or buildings, or containing coal, garbage or other refuse, which 
said wagon or vehicle shall be so constructed or loaded that any portion of 
the contents thereof shall drop, be spilled or thrown on such street or high- 
way, shall be guilty of a misdemeanor, and shall, upon conviction thereof, 
be fined not less than ten nor more than twenty-five dollars. And the haul- 
ing of each and every load from which any portion of the contents shall 
drop or be spilled or thrown as aforesaid shall constitute a separate offense. 
(M. C., sec. 1166.) 


Sec. 1226. Duty of police.—lIt shall be the duty of the police in 
their respective districts to enforce the provisions of the next preceding 
section and to arrest any person found violating the same. And it shall also 
be their duty to promptly report to the street commissioner any and all 
streets or parts of streets or highways upon which any article has been 
placed, spilled or thrown in violation of the preceding section, or of sec- 
tions 598 and 1235 of Revised Code of St. Louis. (M.C., sec. 1167.) 


Sec. 1227, Who liable under section.—If the driver of any 
wagon or vehicle who shall violate the provisions of section 1225 shall be a 
person other than the one to whom the license for such wagon or vehicle 
shall have been issued then the person to whom such license shall have been 
issued shall be deemed equally guilty with such driver of a violation of the 
next two preceding sections, and shall be stibject to the penalties provided 
herein. (M. C., sec. 1168.) 


Sec. 1228. Asphalt and bituminous macadam paving protected 
against liquids.—No person shall pour or spill, or permit to drip upon 
any asphalt or bituminous macadam pavement laid on any street or alley 
or public place in the City of St. Louis, any kerosene, benzine, gasoline or 
other similar oil or oily substance or liquid, or salt or salt water. (Ord. ° 
21233, sec. 1.) 


See. 1229. Same—regulations as to oil wagons and tanks—oil 
receptacles.—All oil delivery wagons or tanks shall have securely fas- 
tened under the taps or faucets thereunto attached, an absolutely oil or 
water-tight zine-lined box or tray, and in filling any measure or other ves- 
sel from said taps or faucets, such measures or other vessels must be held 
so that any drip or overflow shall flow into said box or tray; and in remov- 
ing the same from over the asphalt or bituminous macadam pavement, no 
drip or overflow from such measure or other vessel must be permitted to 
fall upon such pavement, and no receptacle for holding oil shall be placed 
on the asphalt or bituminous macadam pavement. (Jb.. sec. 2.) 


Sec. 1230. Same—regulations as to vehicles using oils.— All 
automobiles and auto-cycles and all other vehicles using kerosene, benzine, 
gasoline or other similar oils, shall be provided with a pan or pans or other 
efficient receptacles so that no drip or overfiow shall fall upon the asphalt 
or bituminous macadam pavement. (/b., sec. 3.) 


Sec. 1231. Same—ice cream wagons.—<All wagons delivering or 
hauling or handling ice cream shall haul away and not deposit or throw 
upon any asphalt or bituminous macadam pavement any salt water or salt, 
nor shall they deposit upon such pavement any receptacles which contains 
salt or salt water. (Jb., sec. 4.) 


810 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


Sec. 1232. Same—misdemeanor—penalty.—Any violstion of or 
failure tu comply with the provisions of the preceding four sections shail 
be punished by a fine of not less than five dollars and costs, nor to exceed 
one hundred dollars and costs. (J/b., see. 5.) 


Sec. 1233. Same—duty of license collector. —It shall be the duty 
of the license collector to refuse to issue a license for oil delivery wagons, 
tanks, automobiles, auto-cycies and other vehicles using or transporting 
kerosene, benzine, gasoline or other similar oils, unless the provisions of 
sections 1228 to 1231 inclusive are complied with. (J/b., sec. 6.) 


Sec. 1234. Sidewalks and gutters to be kept clean—snow and 
ice—several tenants—penalty.—The owners or agents or occupiers of 
premises or tenants or vacant lots owned by them, under their charge or oc- 
cupied by them, shall keep the sidewalks and gutters in front of and adjoin- 
ing the property owned, controlled or occupied by them swept and clear of 
mud, dirt and filth, and also all the private alleys in the rear of or adjoining 
property owned, controlled or occupied by them clean to the center of the 
alley, and after any fall of snow said owners, managers, agents or occupiers 
shall cause the snow to be immediately removed from the sidewalk fronting 
or adjoining the property owned, managed or occupied by them into the car- 
riageway of the street. Where houses are occupied by several tenants, it 
shall be the duty of the person or persons occupying the tenement or tene- 
ments nearest the street to comply with the requirements of this section. 
Any person violating any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof be fined not less than 
five nor more than twenty dollars. (M. C., sec. 1169.) 


See Charter Art. III., sec. 26, clause 9. The right of the city to require own- 
ers of property to remove snow and ice from their sidewalks is a valid exer- 
cise of the police power, but the city cannot create a private right of action for 
its violation in favor of another private individual injured thereby; Norton vs. 
St. Louis, 97 Mo. 537; St. Louis vs. Ins. Co., 107 Mo. 92; see also Jackson vs. Rail- 
road lb teMoy 621,636; SludersvisseLransil, CoO. 6159. \LOL LOL. sLOGHTOLUn og me Lo anmel oe: 
et seg., see also Ford vs. Kansas City, 181 Mo. 137, 148. The city cannot recover 
against such abutting owner for damages it was compelled to pay to one injured 
because of snow and ice: St. Louis vs. Ins. Co. supra. As to violation of ordi- 
nances furnishing basis for cause of action to private persons see notations to 
Rev. Code sec. 1864. 


See. 1235. Articles not to be thrown and swept on streets, 


ete.—painting advertising matter on sidewalk forbidden 
— penalty. —No person shall throw, or cause to be thrown, or permit any 


one in his or her employ to throw into any public highway, thoroughfare, 
street or other public place, any kind of telegraph or telephone wires, or 
wire used for baling hay, straw or other material or any ashes, or animal, 
vegetable or any substance whatever, or any kind of advertising matter, or 
io distribute or cause to be distributed or permit any one in his or her em- 
ploy to distribute, any kind of advertising matter so that it shall litter the 
public highways, thoroughfares, streets, sidewalks or other public places, 
ov any of them, or to paint or cause to be painted or permit any one in his 
or her employ to paint, any kind of advertising matter sign or signs on any 
sidewalk, and no person shall sweep or cause to be swept, or permit any one 
in his or her employ to sweep, from any store, office, warehouse, manufact- 
ory, hotel, or any other building occupied in the whole or in part for busi- 
ness, any refuse or dirt from the floors of said establishments, or any of 
hem, on to the public highways, thoroughfares, streets, sidewalks or other 
public places of the City of St. Louis. Any person violating any of the pro- 


ART. XI.] OF OFFENSES CONNECTED WITH HIGHWAYS. 811 


visions of this section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten dollars nor more than 
fifty dollars for each and every offense. (M. C., sec. 1170.) 

See R. C. 1226, which makes it the duty of the police to report to the street 


commissioner cases where the streets are littered up by articles thrown thereon, 
etc. 


Sec. 1236. Penalty for injuring lamp posts, etce.—Any per- 
son who shall wilfully or maliciously or negligently injure, pull down or 
break any lamp post, bracket or gas lamp or telegraph post or telegraph 
wire or wires, or wire or wires connected with the fire and police telegraph 
within the city, or shall carry away, diminish or reduce the oil, gasoline, 
naphtha or gas supplied to any publie lamp or light or shall extinguish any 
such light or turn off wholly or partly the supply of oil, naphtha or gas from 
such light, or shall injure, break, deface or daub any mantle, globe or shade, 
or shall screen or otherwise obscure any public light, lamp, globe or street 
sign, shall be guilty of a misdemeanor, and upon conviction thereof be fined 
vot less than five nor more than three hundred dollars. (Ord. 20245, amend- 
ing M. C., sec. 1171.) 


See. 1237. Danger signals—penalty for breaking, ete. 
Any unauthorized person who shall remove, break or extinguish any lantern 
or danger signal, which has been placed on any street or alley to protect 
persons against accidents, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than five dollars, nor more 
than fifty dollars. (M. C., sec. 1172.) 


Sec. 1238. Holes, ete., to be fenced.—All holes, depressions, 
excavations or other dangerous places within the city that are below the 
natural or artificial grades of the surrounding or adjacent street, shall be 
properly inclosed with fences or walls, or be filled up so as to prevent per- 
sons and animals from falling into them. (M. C., sec. 1173.) 


Sec. 1239. Street commissioner—notice to be given by. 
The street commissioner shall notify the owners or occupants of premises 
on which such dangerous places exist, to cause fences or walls to be built 
around them, or to cause the same to be filled up, within such period as 
he shall deem the exigencies of the case may require. In case of failure 
to comply by any of the owners or occupants of said premises. after the noti- 
fication above required has been given, then they shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, be fined before the police 
court not less than ten, nor exceeding five hundred dollars. (M. C., see. 
1174.) 


Sec. 1240. Street commissioner—when to fence dangerous 
places.—Whenever the said owner or occupant cannot be found, then the 
street commissioner shall cause such dangerous places to be fenced in. (M. 
C., sec. 1175.) 


Sec. 1241. To what account expenses charged.—The_ ex- 
pense which the street commissioner may incur in doing the work above 
mentioned shall be charged to and paid out of appropriations for streets 
and alleys. (M. C., sec. 1176.) 


Sec. 1242. Fires on pavements prohibited.—Any person who 
shall make or cause to be made a fire on any pavement of any street within 


812 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


the City of St. Louis, shall be deemed guilty of a misdemeanor, and shall 
upon conviction thereof, be fined not iess than fifty nor more than one hun- 
dred dollars. (M. C., sec. 1177.) 


Seanhk. GCG) secs, 2248ands o9n. 


See. 1248. Balcony, ete.—projecting beyond building line— 
penalty. if any owner of a building or his: duly authorized 
agent, shall construct or allow to be constructed, a landing, gallery, bal- 
cony, bay or show window, permanent platform, column, steps or any part 
of his building, so that it projects beyond the building line of a street, into, 
on or over a public sidewalk, or who shall fail to remove the same forth- 
with, when notified by the street commissioner, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, be fined not less than fifty 
dollars nor more than one hundred dollars; provided, however, that noth- 
ing herein contained shall prohibit the erection of a balcony from the sec- 
ond floor of any house extending not more than three feet beyond the build- 
ing line. (M. C., sec. 1178.) 


See R. C., secs. 118 and 1092. 


See. 1244. Gas or water stop-cock boxes—penalty for im- 
proper location of. Thenever it shall come to the notice of the street 
commissioner that any gas or water stop-cock box is not located as required 
by ordinance or projects above the surface of any paved sidewalk, it shall 
be his duty to notify the persons, corporations or associations supplying 
gas, with respect to gas stop-cock box, and the owner or agent of the prop- 
erty fronting thereon with the respect to the water stop-cock box by mail, 
to have the same properly located, or set even with the surface, within ten 
days from the date thereof, and if such persons, corporations or associations 
supplying gas as aforesaid and the owner or agent fail to comply with such 
notice within the time specified, they shall be deemed guilty of a misdemean- 
or, and upon conviction thereof, be fined not less than ten dollars nor more 
than fifty dollars. (M. C., sec. 1179.) 


Sec. 1245. Trundling wheelbarrows on sidewalks prohib- 
ited.—No person, otherwise than in passing in and out of his premises, 
shall trundle any wheel or hand-barrow, or hand-cart, upon any paved side- 
walk. Any person violating the prov isions of this section, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
iess than five dollars nor more than twenty dollars. (M. C., sec. 1180.) 


See. 1246. Penalty for violating chapter.—Any person who 
shall violate any of the provisions of this chapter for the violation of which 
no specific penalty is provided shall be deemed guilty of a misdemeanor, 
and on conviction thereof, be fined not less than ten dollars, nor more than 
five hundred dollars. (M. C., sec. 1184.) 


ARTICLE XII. 
OF CITY FORESTER. 


Sec. 1247. City forester’s office.—There is hereby created in the 
street department the office of city forester. (Ord. 22368, sec. 1.) 


Sec. 1248. Same—appointment—tenure.—tThe city forester shall 
be appointed by the mayor and approved by the council. He shall hold of- 


ART. XII. ] OF CITY FORESTER 813 


fice for four years and until his successor shall have been duly appointed 
and qualified. No appointment shall take effect under this article until 
the first Tuesday in April, 1906, and the term of office of the first appointee 
as city forester shall terminate the third Tuesday in April, 1907. (JO. 
sec. 2.) 


Sec. 1249. Qualifications —The city forester shall be a man skilled 
and learned in the science of forestry and shall have had not less than three 
years’ practical experience in the care of park or street trees. No per- 
son shall be appointed to the office of city forester, unless he be a regis- 
tered voter of the City of St. Louis and a resident of St. Louis for at least 
two years prior to his appointment. (J/bD., secs. 5, 15.) 


Sec. 1250. Duties of forester in general.—lIt shall be the duty of 
the city forester to superintend, regulate and encourage the planting, culture 
and preservation of shade and ornamental trees and shrubbery in the streets, 
alleys and public highways of said city; to direct the time and method of 
trimming of said trees and shrubbery ; to advise the property owners regard- 
ing the kind of trees and shrubbery and method of planting deemed desir- 
able on particular streets; and to take such measures as may be deemed 
necessary for the control of dangerously injurious insect pests and plant dis- 
eases which may effect trees and shrubbery on the streets, alleys and public 
highways of said city. He shall act in harmony with and under the direc- 
tion of the street commissioner in relation to the planting, culture, re- 
moval and preservation of shade and ornamental trees and shrubbery in 
the streets, alleys and public highways of said city. He shall report to the 
city attorney all cases which come to his knowledge of violations or ordi- 
nances respecting said trees and shrubbery; and shall, when requested by 
the city attorney, assist in the prosecution of persons charged with the vio- 
lation of such ordinances. (Jb., sec. 4.) 


Sec. 1251. Same—Keep record.—The city forester shall keep a 
record of all the transactions of his office and shall, whenever the street 
commissioner may require, make a full and detailed report concerning said 
transactions. (Jb., sec. 5.) 


Sec. 1252. Salary and bond of forester. —The salary of the city 
forester shall be at the rate of twenty-four hundred dollars per year, pay- 
able in monthly installments, in full for all services. He shall give bond 
in the sum of five thousand dollars for the faithful performance of his du- 
ties, with not less than two good sureties, holders of unincumbered real es- 
tate in the city or any surety company, which bond shall be approved by 
the mayor and council. (Jb., sec. 6.) . 


See. 1253. Subordinate employes in forester’s department— 
appointment, tenure, bond, salaries.—The street commissioner may, 
by and with the approval of the mayor, appoint the following subordinates 
who shall hold their respective positions during the pleasure of the street 
commissioner and who shall perform the duties hereinafter specified, and 
such other duties as pertain to their respective positions, and such as may 
be required of them by the street commissioner, and they shall each re- 
ceive the following salaries and give the following bonds, to-wit: Assist- 
ant city forester, who shall have had at least one year’s practical experi- 
clce as a forester and shall receive a salary of one hundred and twenty-five 
dollars per month and shall give a good and sufficient bond, to be approved 
by the mayor and council, in the sum of twenty-five hundred dollars; one 


814 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 12. 


clerk, who shall receive a salary of seventy-five dollars per month, and three 
day inspectors, who shall receive two dollars and fifty cents per day. In 
addition to the officers herein specified, the street commissioner shall, by 
and with the approval of the mayor, employ such teams, carts and day la- 
borers as may be required for the sufficient working of his department. (Jb., 
sec. 7.) 


Sec. 1254. How property owners may select shade trees. — 
It shall be lawful for the property holders on any three or more contiguous 
blocks of any street, or a majority of them, to select by petition, any variety 
of shade tree, approved by the city forester, which shall thereafter be the 
only kind of shade tree to be planted on said blocks. (Jb., sec. 8.) 


Sec. 1255. Whenshade trees selected by forester. —If the prop- 
erty holders along any given street, upon due notice so to do from the city 
forester, shall fail to make the selection provided for by section 1254 here- 
of, within six months next after notice have been given, then it shall be 
the duty of the city forester to select a variety of shade tree for such street 
or blocks of such street which shall thereafter be the only variety which 
shall be planted on said street or blocks of said street. (Jb., sec. 9.) 


Sec. 1256. Acts respecting shade trees without forester’s per- 
mission misdemeanor.—Whoever shall, without written permit from the 
city forester, plant or set, pull up, cut down, burn, destroy, remove, trim, 
or in any manner injure any tree or shrub standing in any street, alley or 
public highway, shall be guilty of a misdemeanor. (Jb., sec. 10.) 


As to right of property owner to plant shade trees, see also R. C. sec. 916. 


See. 1257. Same—interfering with roots of trees, ete., mis- 
demeanor--exception.—Whoever shall, without written permit from 
the city forester, hereafter place any stone, cement, or other substance about 
any tree.in any street, alley or public highway, which shall impede the free 
entrance of- water and air to the roots of such tree, without leaving an open 
space of ground about the trunk of said tree of not less than four square 
feet, shall be guilty of a misdemeanor; provided that this section shall not 
apply to work done by the city or under contract with the city on any street, 
alley or public highway. (JD., sec. 11.) 


Sec. 1258. Interference with forestry department—misde- 
meanor.— Whoever shall prevent, delay, or in any way interfere with the city 
forester or his employes in the planting, trimming, spraying or removal of any 
tree in any street, alley or public*highway, or in the removal of any stone, 
cement, or other material from about the trunk of any such trees, shall 
be guilty of a misdemeanor. (J0.,'sec. 12.) 


Sec. 1259. Violating article—penalty— duty of police.—Whoever 
shall violate any of the provisions of this article shall be deemed guilty of a 
misdemeanor and upon conviction thereof, be fined not less than five nor 
more than fifty dollars, and, it is hereby made the special duty of the po- 
lice to enforce the provisions of sections 1256, 1257 and 1258 of this article, 
and, with that in view, the board of police commissioners are requested to 
deliver a copy of this article to every police officer in their department. (Jb., 
sec. 13.) 


See. 1260. Article does not apply to private property.—The 
provisions of this article shall not apply to trees or shrubbery planted on 
private property. (Jb., sec. 14.) 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 815 


CHAPTER 13. 
JUDICIAL DEPARTMENT. 


ALB. I. Of police courts of first and second districts. 

II. Of police court south of Arsenal street. 

III. Of justices of the peace. 

IV. OD marsial: 
V. Of jury commissioner. 

VI. Of compensation of jurors. 

VII. Of probate court. 

VIII. Of juvenile court.* 


ARTICLE I. 


OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 


Sec. 1261. Judicial districts, boundaries.—The city is hereby 
divided into two judicial districts, as follows: All that portion of the city 
lying south of the following described line, to-wit: Commencing at a 
point in the middle of the main channel of the Mississippi river, where the 
continuation of the center line of Washington avenue would intersect said 
main channel; thence westwardly along the center line of Washington ave- 
nue to Grand avenue; thence north on Grand avenue to McClure avenue; 
thence west on McClure avenue to its intersection with the Olive street road; 
thence westwardly along the Olive street road to the western city limits, 
shall constitute the first judicial district, and all that portion of the city ly- 
ing north of said line shall constitute the second judicial district. (M. ( 
sec., 1185.) 


Charter provisions, Art. IV., secs. 25 to 27 Assembly may increase number of 
justices and districts, Charter, Art. IV., sec. 27, in pursuance of which authority 
the police court south of Arsenal street was created (see next article). 


See. 1262. Police courts established—how conducted —po- 
lice justices.—There shall be in each of said districts a court which shall 
be called respectively the first district police court, and the second district 
police court, each to be held by a police justice, but when the justice of any 
such court is disabled or disqualified by absence, sickness or otherwise, then 
by any justice of the peace, for the city, to be designated by the mayor, who 
shall, for the time being, possess all the powers and perform all the duties 
which are enjoined upon police justices by law and ordinances, and the acts 
of said justice, officiating for a police justice, shall have the same legal 
sanction and force as though performed by the police justice in person, and 
for the service rendered by the person officiating in the stead of a police jus- 
tice, he shall be allowed the same salary pro rata, as the police justice would 
be entitled to. In case a police justice should be absent by reason of sick- 
ness, the salary of the person officiating in his stead shall be made charge- 
able to appropriations for salaries, otherwise it shall be deducted from the 
salary of the police justice whose place shall have been filled by such jus- 
tice of the peace, and it is hereby made the duty of the clerk of the police 


*Ror statutes relating to the Juvenile Court, see “Laws Specially Applicable to 
St. Louis,” ante page 118 to 121, Chap. 5, Art. 7, secs. 205 to 226. Ordinance 
22540, approved July 12, 1906 (too late to appear in the Rev. Code, but set out in 
the appendix hereto) provides for the juvenile court building and the operation 
of the court, city officers connected therewith, ete. 


816 REVISED CODE OR GHNERAL ORDINANCES. [CHAP. 13. 


court to certify to the auditor the length of time any person officiating as 
aforesaid shall have served, whereupon the auditor shall issue his warrant 
accordingly. (M. C., sec. 1186.) 


The city has authority under its charter powers to establish police courts: 
Ex Parte Kiburg, 10 Mo. App 442. Police justices are appointed for a definite 
term and can only be removed for cause upon proper charges, after due hear- 
ing: “State: ex rel vs; ist.) Wouis,.90 Mos 19% 


Sec. 1263. Location of the first and second district courts. 
The said first district Police Court shall be held in the old city hall build- 
ing, located on Eleventh street between Market and Chestnut streets, and 
the Second district Police Court shall be held at such place as shall be desig- 
nated by the mayor. (Ord. 21518 amending M. C., sec. 1187.) 


Ord. 21518 also contained the following provision which is omitted from the 
text as being obsolete: ‘The first district police court, in addition to being held 
at the Old City Hall building, shall from the time this ordinance takes effect up 
to and including the thirty-first day of December, 1904, be held daily, beginning 
at three o’clock P. M. of each day, legal holidays excepted, at the Mounted Dis- 
trict Police Station, located in Forest Park, or such other place in the vicinity 
of the World’s Fair Grounds as shall be designated by the Mayor.” 


See. 1264. Jurisdiction. —The police justices, or any acting justice 
pro tem., shall have and exercise such powers and jurisdiction as is or may 
be conferred by charter or ordinance provisions. (M. C., sec. 1188.) 


Charter Art. IV., secs. 25-27. See note to next section. The police court by 
the charter has simply power to enforce all legal orders and judgments and per- 
form the duties and exercise the powers prescribed by ordinance, which must 
be in harmony with the laws of the state; an ordinance granting to the police 
justice authority to disbar attorneys in his court is not in harmony with the 
laws of Missouri and is void: State ex rel vs. Peabody, 63 Mo. App. 378, 381. 


It is held that a civil action does not lie against judges and magistrates, or 
persons acting judicially within their jurisdiction; but ‘‘where a ministerial of- 
ficer does an act as a judge or does a judicial act within his jurisdiction he is not 
civilly liable to a person injured unless it be proved that the act be wilfull and 
malicious;” Albers vs. Merch. Exch., 138 Mo. 1. c. 164, citing numerous cases; Pike 
vs. Magoun, 44 Mo. 491. See also discussion in Burkbarth vs. Stephens, 117 Mo. 
App. 425, 481 et seq. 


The police court is a court of limited jurisdiction, not proceeding according 
to the course of the common law and such courts must confine themselves strictly 
within the authority given: St. Louis vs. Tiefel, 42 Mo. 578, 593 (denying juris- 
diction for violation of a state act). 


By the Charter, jurisdiction over all cases arising from a violation of city 
ordinances is given to the police courts: St. Louis vs. Pahl, 114 Mo. 32, 34. 


The power of the city granted by the charter concerning police justices does 
not extend to the enactment of an ordinance granting the police justice the right 
to disbar or suspend attorneys in his court; such ordinance is not in harmony 
with the laws of Missouri, which confer that right on other courts, and is void: 
State ex rel vs..-Peabody, 63 Mo. App. 378. 


Sec. 1265. Police courts—jurisdiction of, in suits for fines— 
forfeitures and penalties—proceeding in civil action.—The said 
police courts shall have jurisdiction of all suits for the recovery of any 
fine, forfeiture or penalty imposed for the violation or breach of any or- 
dinance, which suits and proceedings therein shall be in the nature of a civil 
action. (M. C., sec. 1189.) 


VIOLATIONS OF ORDINANCES AND THEIR INCIDENTS. 


Charter Provisions: The Charter, Art. III., sec. 26, clause "¢en‘h, confers upon 
the city authority to enact ordinances “to impose, collect and enforce fines, for- 
feitures and penalties for the breach of any city ordinance,” and in default of 
paying the judgment authorizes commitment to the workhouse, etc., provided 


PART. 1.3 OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 817 


such imprisonment does not exceed six months (no longer: St. Louis vs. Karr, 
85 Mo. App. 608); and provides for hard labor with an allowance therefor of fifty 
cents per day on account of the fine and costs. (For ordinances on fines, penal- 
ties and forfeitures see Rev. Code, Ch. 18, Art. 8, secs. 1650-1653.) Art. III, sec. 
26, clause fourteenth is the “general welfare” clause and authorizes the enforce- 
ment of ordinances “by fines and penalties, not exceeding five hundred dollars 
and by forfeitures not exceeding one thousand dollars.” Art. IV., sec. 16, confers 
on the mayor authority to “remit fines, forfeitures and penalties duly imposed for 
violation of any ordinance.” Art. XVI., sec. 12, provides for a violation of any 
Charter provision for which no punishment has been therein provided. For Work- 
house ordinances see post R. C., sections 1742 e¢seg.; for House of Refuge, now 
Industrial School, see “Laws Applicable to St. Louis,’’ Ch. 14, secs. 355-367, and 
notes; also R. C., sec. 1785. For Court Criminal Correction see “Laws Applicable 
to St. Louis,’’ secs. 102-139. 


Nature of the action or prosecution: The proceeding in a police court for vio- 
lation of an ordinance is held to be essentially a civil action for recovery of a debt 
or penalty; it is governed by the rules of pleading applicable to civil cases, and 
not the strict rules pertaining to criminal proceedings: St. Louis vs. Knox, 74 
Mo. 79; St. Louis vs. Weitzel, 130 Mo. 600, 612; Ex parte Hollwedel, 74 Mo. 395; 
Delaney vs. Police Court, 167 Mo. 667, 678, citing numerous cases; Springfield vs. 
Ford, 40 Mo. App. 586, 588; In re Miller, 44 Mo. App. 125; In re Jones 90 Mo. App. 
318; Cannon vs. McDaniel, 188 Mo. 207, 228. Such a proceeding, however, while 
civil in form, is quasi-criminal in character. Partaking of some of the features 
of each, its similitude to either is not complete. In pleading it is more nearly 
like a civil action but in its effects and consequences it more nearly resembles a 
criminal proceeding: Stevens vs. Kansas City, 146 Mo. 460, 465 (holding that 
hence the criminal court and not the circuit court is the natural channel for such 
eases to go through to reach their ultimate appellate destination); Douglas vs. 
Kansas City, 147 Mo. 428, 436. 


Such an offense, though ‘not criminal, is penal in its character and in deroga- 
tion of common right; the ordinance must therefore be strictly construed and 
in order that the judgment of conviction may be upheld the proof adduced must 
bring the defendant clearly within its meaning,’ and in this respect the same 
rule of construction applies as in a criminal prosecution: St. Louis vs. Robinson, 
135 Mo. 460, 470, holding that the title of the act may be looked to as a help to 
its construction; Pacific vs. Seibert, 79 Mo. 210, 215. 


“Civil actions, so-called, for the recovery of fines and penalties, have always 
been considered as so far gwasz-criminal in their nature, as to be excluded from 
the statutory provision against imprisonment in purely civil proceedings:” Ex 
Parte Kiburg, 10 Mo. App. 442, 446. So also it was said in the case In re Lar- 
Kowski, 94 Mo. App. 623, 632, that when a youth is sentenced to the House of Ref- 
uge (now called St. L. Industrial School), instead of the Workhouse, for misde- 
meanor, “it is as to him a penal institution, and while confined therein on ac- 
count of such conviction he is undergoing penal servitude.” 


Important Function of Municipal Ordinance.—The proceeding in a police court 
"is indispensable to the peace and well being of the inhabitants of cities, and 
reaches offenses which state laws are not adapted to punish”: Stevens vs. Kansas 
City, 146 Mo. 460, 465. A Workhouse is conducted for the public good and im- 
prisonment therein is only the legitimate exercise of suitable police regulations 
such as the city has undoubtedly the power to enact: Ulrich vs. St. Louis, 112 Mo. 
138, 144. 


Arraignment and plea are unnecessary: Delaney vs. Police Court, 167 Mo., 
loc. cit. 678, and cases there cited; St. Louis vs. Knox, 74 Mo. 79. 


Jury Trial.—Neither the federal nor state constitution guarantees to a person 
charged with a violation of a mere municipal police regulation, the right of 
trial by jury: Delaney vs. Police Court, 167 Mo. 667; Marshall vs. Standard, 24 
Mo. App. 192; Ex Parte Kiburg, 10 Mo. App. 442. See R. C., sec. 1286, for provision 
for jury. 


The constitutional inhibition against imprisonment for debt does not apply to 
commitment to the work house on failure to pay the fine assessed for violation 
of a city ordinance: Ex Parte Hollwedell, 74 Mo. 395; Ex Parte Kiburg, supra. 


Injunction.—The doctrine that criminal statutes cannot be tested or their en- 
forcement restrained in the civil courts does not apply to municipal ordinances: 
Coal Co. vs» St. Louis, 120 Mo: 323, 830. 


818 


REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. 


How entitled.—The proceeding should be in the name of the city not the state: 
Ex Parte Hollwedel, 74 Mo. 395; St. Louis vs. Sternberg, 69 Mo. 289, 303. 


The proceeding abates upon the death of the defendant: Carrollton vs. Rhom- 
berg, 78 Mo. 547. 


The burden of proof rests on the city and so remains throughout the trial; 
Columbia vs. Johnson, 72 Mo. App. 232, 238; and since it has to do with the per- 
sonal liberty of the citizen the guilt of the defendant should be shown beyond 
a reasonable doubt: Glenwood vs. Roberts, 59 Mo. App. 167; see also St. Louis 
vs. Dorr, 136 Mo. 370 (“nothing can be taken by intendment in such a prosecu- 
tion,” “the evidence must bring the case within the allegations’), 375. 


But it has been held that a fair and reasonable inference from the proven 
facts, inconsistent with innocence, is sufficient to convict, though there be no di- 
rect testimony: St. Louis vs. Wiley, 8 Mo. App. 597. 


Intent only without some overt act cannot be made a misdemeanor by ordi- 
nance: Ex Parte Smith, 135 Mo. 228, 227, citing St Louis vs. Roche, 128 Mo. 541. 


Manager of corporation not liable for violation of ordinance by employee unless 
done with his consent or by his direction: Kansas City vs. Dickey, 76 Mo. App. 
437. But one who is manager in fact and so regarded may be held as manager 
although he is not exclusive manager nor technically such: State vs. Hemen- 
over, 188 Mo. 3881. 


Ordinances declaring offenses concurrently with state statutes.—The city may 
enact ordinances (within its charter powers), prohibiting acts as misdemeanors 
as to which there are state statutes making the same act punishable by indict- 
ment, and may proceed in its own name in the police courts independently of 
the state offense if the ordinance is not inconsistent therewith; State ex rel 
vs. Walbridge, 119 Mo. 383, 392; Canton vs. McDaniel, 188 Mo. 207, 228; Ex Parte 
Hollwedel, 74 Mo. 395, 401-402 citing cases; St. Louis vs. Schoenbusch, 95 Mo. 618; 
St. Louis vs. Cafferata,24.Mo..94)°97: St: Louis¢vs, Bentz,011 Mom6lsakansas City 
vs. Neal, 49 Mo. App. 72; De Soto vs. Brown, 46 Mo. App. 148; St. Louis vs. Delas- 
sus (decided by Sup. Ct. July 2, 1907, not at this writing reported, and cases there 
cited and discussed.) And hence a former acquittal or conviction under a state 
law is not a bar to the prosecution under the ordinance: Canton vs. McDaniel 
supra; and vice versa; State vs. Gustin, 152 Mo. 108. 


But if the ordinance undertakes to make that a misdemeanor which is incon- 
sistent with rights under the statutes applicable to St. Louis, or the constitution, 
it is void; the city cannot do that which is not in harmony with the policy of the 
state as manifested by its general laws upon the subject: St. Louis vs. Meyer, 
185 Mo. 588, 597. On this propositton in general, that the city ordinances must 
be in harmony with the statutes and constitution, and its limitations, see in- 
troductory note to the Charter. Ante page 290, and the cases there cited. 


And the fact that the city ordinance provides a more definite fine or penalty 
than is named in the general statute does not create a want of harmony be- 
tween the two: Kansas City vs. Hallett, 59 Mo. App. 160, 163, and see cases there 
cited; Kansas City vs. Zahner, 73 Mo. App. 396. See also St. Louis vs. Delassus, 
Supra. 


Misdemeanor may be prosecuted as such though part of a felony; doctrine of 
merger applies only when the precise act, viewed in respect of its precise conse- 
quences is in question: St. Louis vs. Lee, 8 Mo. App. 598. 


Penalty in Excess of Charter Authority is void but not if less: Ex Parte Cald- 
well, 138 Mo. 233, 241. 


And a Workhouse superintendent detaining a prisoner for a longer time than 
the Charter warrants, although acting under a void ordinance, is liable for false 
imprisonment: St. Louis vs. Karr, 85 Mo. App. 608 (in which the prisoner was 
held over six months). 


So it was held in In re Larkowski, 94 Mo. App. 623, and cases therein cited, 
that the laws relating to the St. Louis criminal court could not provide a differ- 
ent penalty than that provided by subsequent state laws, and to that extent 
were void (see cases on this point cited in note to “Laws Specially Applicable to St. 
Louis,” sec. 134), and that the provision allowing prisoners fifty cents per day in 
working out their fines when sent to the work house or reform school by the 
court, was void, and that such prisoners were entitled to one dollar per day as 
provided in a general statute. 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 819 


See. 1266. Police justice duty when disqualified.—W hen- 
ever it shall come to the knowledge of either police justice that a cause is 
pending in his court in which he may be a material witness, or in which 
he may be interested or of kin to the defendants, it shall be his duty to ex- 
cuse himself from acting as judge in said cause, and he shall at once certify 
and transmit said cause, together with all papers and documents relating to 
same in his court, to the other police justice in the city, who shall receive 
and dispose of same as if said cause originated in his jurisdiction. (M. C., 
sec. 1190.) 


Cases of misdemeanor where a change of venue is taken or where transferred 
on motion may go to the police court south of Arsenal street. See sec. 1318. A 
defendant who files an application for change of venue thereby submits his per- 
son to the jurisdiction of the court: In re Jones, 90 Mo. App. 318. 


See. 1267. Hours and days of session.—There shall be a 
daily session of the police courts (Sundays, Christmas, New Year’s, Thanks- 
giving Day, the twenty-second day of February and the Fourth of July ex- 
cepted), commencing at the hour of nine o’clock in the morning, and all the 
cases set for each day shall be tried on each day, provided there be suffi- 
cient time between the hours set for the meeting of the court and sundown 
of the same day, except such cases as may be continued, as hereafter pro- 
vided. (M. C., sec. 1191.) 


Sec, 1268. Police justices and clerks—appointment and 
terms.—The mayor shall appoint the police justices and a clerk for each 
of said courts, who shall hold their offices for four years, and until their 
successors are appointed and qualified. All such appointments shall be 
subject to the confirmation of the council. (M. C., sec. 1192.) 


The power to establish the court carries as incidental thereto the power to 
provide for clerks and to define their duties: Ex Parte Kiburg, 10 Mo. App. 
442, 446. 


Sec. 1269. Assistant police court clerks—duties—qualifica- 
tions—bond-—salary.—The clerk of the first district police court may, by 
and with the approval of the mayor, appoint two assistants, who shall aid 
said clerk in the discharge of his duties and who shall perform such serv- 
ices as said clerk may from time to time assign to them and designate, and 
each of said assistant clerks is hereby empowered to do and perform all 
things in the name of the clerk, as the clerk is or may be by law empowered 
to do or perform. Each of said assistants shall be a qualified voter and a 
resident of the City of St. Louis for at least two years prior to his ap- 
pointment. Each of said clerks shall give a bond to the City of St. Louis, 
with one or more sufficient sureties, to be approved by the mayor and coun- 
cil, in the sum of twenty-five hundred dollars for the faithful performance 
of his duties and for the faithful payment to the clerk or treasurer, or to any 
person or persons entitled thereto, of all moneys that may come into his 
hands. Each of said assistant clerks shall receive a salary of eighty three 
and thirty-three and one-third hundredths dollars per month, payable at 
the end of each month. (Part of Ord. 21518.) 


Repeals Ord. 19912. The ordinance also contained the following proviso 
-omitted in the revision as obsolete: ‘“‘Provided, that the assistant clerk appointed 
under the provision of said ordinance nineteen thousand nine hundred and twelve 
shall continue in office and discharge all the duties of his office until the ex- 
piration of the term for which he was appointed, and thereafter an assistant 
clerk shall be appointed for a term of four years, and the appointment of the 
other assistant clerk shall be for a term expiring on the thirty-first day of De- 
cember, nineteen hundred and four, at which date said office of such assistant 
clerk shall cease to exist.’’ 


820 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. 


Sec. 1270. Additional assistant clerk—duties— qualifications 
—Ssalary.—In addition to the assistant clerk now authorized to be appoint- 
ed by the clerk of the First District Police Court said clerk may by and 
with the approval of the mayor, appoint one other assistant clerk who shall 
aid him in the discharge of his duties, and shall perform such services as 
said clerk may from time to time assign to him. Said assistant clerk shall 
be a qualified voter and a resident of the City of St. Louis for at least two 
years prior to his appointment. He shall give bond to the City of St. Louis 
with one or more sufficient sureties to be approved by the mayor and coun- 
cil in the sum of twenty-five hundred dollars, conditioned for the faithful 
performance of his duties and for the faithful payment to the clerk, treas- 
urer or to any person or persons entitled thereto of all moneys that may 
come into his hands. Said assistant clerk shall receive a salary of one 
thousand dollars per annum, payable in equal monthly installments at the 
end of each month. The first appointment of said assistant clerk herein 
provided for shall be for a term expiring on the first Tuesday of April, nine- 
teen hundred and seven, and thereafter said appointment shall be for a 
term of four years, provided, however, said assistant clerk may be removed 
at any time by the clerk of the first district police court with the approval 
of the mayor. (Ord. 22010.) 


Sec. 1271. Qualifications of police justice.—A person to be eli- 
gible to the office of police justice, shall be at least thirty years of age, a 
licensed and practicing attorney for at least five years prior to his appoint- 
ment, a citizen of the United States, and shall have resided in the City of 
St. Louis for three years next preceding his appointment. (M. C., sec. 1193.) 


Sec. 1272. Qualification of clerk—deputy clerk.—A person to 
be eligible to the office of clerk of said court, shall be at least twenty-five 
years of age, a citizen of the United States, and shall have resided in the 
City of St. Louis three years next preceding his appointment. The clerks 
of said police courts are hereby authorized to appoint such deputies, sub- 
ject to the approval of the mayor, at such times as may be necessary, who 
shall perform in all respects the duties of clerk of the police court for which 
they have been appointed, such deputies to be paid by the clerk of such po- 
lice court, and the principal shall in all respects be liable for the acts of 
his deputies. (M. C., sec. 1194.) 


See. 1273. Duties of clerks.—The duties and requirements of each 
of the clerks, except as otherwise provided, shall be as follows: 


First, OATH AND BOND.—He shall take the oath required of city offi- 
cers and give bond to the city in the sum of five thousand dollars, with:one 
or more securities, to be approved by the mayor and council, conditioned for 
the faithful performance of the duties required of him by law and ordinance, 
and paying over to the treasurer or any person or persons entitled thereto, 
all the money that shall come into his hands. 


SECOND, TRIAL DOCKET.—He shall produce each day at the opening of 
the court a docket in which shall be entered all suits set for trial on that 
day, and the offenses for which the suits have been instituted, and the po- 
lice justice shal) note upon said docket the judgment or other action in 
such suit as soon as the same is had. 


THIRD, APPEAL DOCKET—TRANSCRIPT.—He shall keep an appeal docket 
in which shall be duly recorded all the proceedings had in any suit in which 
an appeal shall have been granted to the St. Louis Court of Criminal Correc- 
tion, an@, upon an appeal being perfected, he shall make out and certify 


ART. L.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 821 


to said court a full transcript of the proceedings had in said suit, for 
which (unless the city be appellant), he shall collect from the appellant a 
transcript fee of one dollar and a half, which: transcript fee the clerk shall 
be required to pay into the treasury within three days after the appeal is 
taken. 


FOURTH, COSTS, FED BILLS, FINES AND REPORTS.—He shall tax all costs in 
his court (subject, however, to appeal to the police justice), to make out 
all fee bills and executions; to make out and issue all processes of the 
court, and sign the same as clerk, to make to the auditor each month a 
statement of all the fee bills and executions returned to him satisfied by 
the marshal during the preceding month, to furnish to the municipal as- 
sembly, at each regular session a full statement, of the amount of fines 
imposed, amount of fines remitted by the mayor so far as the same apper- 
tains to cases from his court, amount of fines and costs collected by execu- 
tion to the workhouse, and fines and costs outstanding since the commence- 
ment of the previous session, to administer oaths, to certify to transcripts 
from the dockets of the police justice, and other records of the court, and 
generally when not otherwise prescribed by ordinance, the duties of said 
clerk shall be, as near as may be, the same as those required of the clerk 
of the St. Louis Court of Criminal Correction. 


FIFTH, RECORDS, BOOKS AND PAPERS—-MANNER OF KEEPING.—He shall have 
the care and custody of all the books, records and dockets of the court, shall 
file and preserve ail papers which pertain to any suit or other proceedings 
had therein, and shall keep a book or books provided for that purpose, in 
which he shall enter the names in alphabetical order of all persons tried be- 
fore the police justice, the date of the trial, the number of the cause, accord- 
ing to the entry on the execution blotter, the violation or offense charged, and 
the judgment rendered; said book shall be called the “alphabetical index.” 
He shail also keep another book to be called the “execution blotter,” in 
which he shall enter the names of every person tried before the police jus- 
tice, in the order in which their names appear on the docket, the date of 
trial, the violation or offense alleged, and the judgment rendered, and these 
entries shall be numbered in their order for each month, separately, com- 
mencing with number one for the first entry in each month, and all numbers 
on papers pertaining to the several cases, or on entries of the cases in other 
books shall correspond with the number of the cases severally on the “exe- 
cution blotter.” He shall also keep another book to be called the “execution 
book,” with a debtor and creditor side, in which he shall enter on the debt- 
or side every fee bill or execution delivered to the marshal, placing in sepa- 
rate columns the amount of the fine, the police justice’s fees, clerk’s fees, 
city attorney’s fees, marshal’s fees and witness’ fees, on the credit side he 
shall enter in like manner every fee bill or execution returned to him by the 
marshal, taking care to keep together fines and fees satisfied, in distinct col- 
umns from fines and fees in workhouse or other cases in which the same are 
not collected. He shall also keep a roll of attorneys for the police court, 
and no attorney shall practice in said court, unless his name appear on 
said roll of attorneys, by authority of the police justice. 

Justice cannot disbar attorney: See note to sec. 1264. 

SIXTH, EXECUTION.—He shall furnish to the marshal immediately upon 
the conviction and sentence of a prisoner, an original execution or a true 
copy of the same, with all costs indorsed thereon, proper to be taxed up in 
the cause, that he may collect the same without delay, and upon failure 
to collect that he will immediately cause the prisoner to be removed to 
the Workhouse with all possible dispatch. 


SEVENTH, ASSIST CITY ATTORNEY.—He shall so far as is consistent with 


822 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. 


the duties of his office, assist the city attorney in receiving complaints and 
making out the necessary papers therefor. (M. C., sec. 1195.) 


See. 1274. Persons in custody to be tried first.—Persons 
in custody shall be tried first, if ready for trial; all other persons shall be 
tried in the order in which their names appear upon the docket. (M. C., sec. 
1196.) 


Sec. 1275. Bail, by whom to be taken.—Any person ar- 
rested for any violation of an ordinance may be admitted to bail by execut- 
ing a bond to the city, with sufficient security, to be approved by the mayor. 
police justice, the marshal or his deputies, the chief of police, police cap- 
tains or other police officers in charge at the time of any station house, but 
by the police justice only, when the case is on the docket of the police court, 
in such an amount at the discretion of the officer as will secure the pris- 
oner’s presence, but not exceeding the sum of five hundred dollars, condi- 
tioned that said person will appear upon a day named before the proper 
police court, to await his or her trial upon the charge against him or her, 
and every bond taken as above shall be forthwith filed with the clerk of 
said police court, by the officer approving and taking out such bond; pro- 
vided, that no attorney at law, police officer, constable or his deputy, or 
any officer of the City of St. Louis, whether elected or appointed, shall be 
received as security upon such bond; and provided, further, that no one 
shall be accepted as bondsman who shall have standing against him an 
unsatisfied judgment rendered on a forfeiture of bond. (M. C., sec. 1197.) 


See. 1276. Bonds—when forfeited—procedure.—lIf the defend- 
ant fails to appear according to the condition of his bond, or having ap- 
peared shall leave the court without awaiting his trial, the proceedings 
against the defendant, and the surety or sureties on his bond shall be goy- 
erned by the laws of the State of Missouri regulating proceedings in cases 
of bond forfeitures before justices of the peace in misdemeanors. (M. C., 
sec. 1198.) 


State laws relating to bond forfeitures before justices of the peace in misde- 
meanors, R.'S. 1899, Chap. 16, Art. XII, particularly sections 2793 to: 2800: 


See. 1277. Suits—manner of bringing.—All suits in the police- 
courts (except such as are brought by the report of the chief of police or 
other duly authorized officers of the board of police commissioners), shall 
be in the manner and form following: There shall be filed with the clerk 
of a police court a statement signed by the city attorney or person acting 
in his stead, which statement shall be in the form substantially as follows: 
City of St. Louis, 19—, A. B., to the City of St. Louis, debtor to 
dollars, for a violation of an ordinance of the City of St. Louis, entitled an 
ordinance (here insert the title of ordinance), approved the day of . 
A. D. 19—, in this, towit: The said A. B., in the City of St. Louis, between 
the day of , A. D. 19—, and the day of , A. D. 19—, did 
(here insert particulars). , city attorney of the City of St. Louis. (M. 
C., sec. 1199.) 


See note to sec. 1265 and to sec. 1279. 


Sec. 1278. Joint offenses—procedure.—The said statement may 
include several persons charged with the same offense, who may be tried 
jointly at their discretion, and on conviction pay jointly, fines and costs; 
but if they elect to be tried separately, they shall, on conviction, pay each 
separately, a fine and costs. (M. C., sec. 1200.) 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 823 


Sec. 1279. Suits—sufficiency of statement—not to be dis- 
missed for formal defects.—No suit shall be dismissed for any formal 
defects in the statement of the city attorney, or on the report of the chief of 
police or other duly authorized ofticers of the board of police commissioners, 
if it substantially set forth the nature of the violation alleged. (M. C., 
sec. 1201.) 


Proceedings are civil.—That the proceedings in a police court for violation of 
a city ordinance is a civil proceeding see authorities in note to sec. 1265. 


Sufficiency of statement.—Observance of the rules of technical pleadings in a 
eourt of record or in a criminal proceeding is not required in the police court. 
The proceeding may be assimilated to the informal procedure before a justice of 
the peace. The statement is suffcient if it inform defendant of the offense which 
he is called upon to answer: Springfield vs. Ford, 40 Mo. App. 586, 588; St. Louis vs. 
Smith, 10 Mo. 438; St. Joseph vs. Levin, 128 Mo. 588, 592. See also St. Louis vs. 
Liessing, 190 Mo. 464, 491-492; St. Louis vs. Bippen, 100 S. W. (Sup. Ct.), 1048. 


The statement or information is sufficient if it charge the violation in the 
language of the ordinance: Louisiana vs. Anderson, 100 Mo. App. 341; St. Louis 
vs. Knox, 74 Mo. 79; Gallatin vs. Tarwater, 143 Mo. 40, 46; St. Louis vs. Weitzel, 
130 Mo. 600, 612: Trenton vs. Devors, 70 Mo. App. 8; or substantially so: De Soto 
vs. Brown, 44 Mo. App. 148. 


But a statement referring to the whole revision of ordinances is insufficient, 
without specifically referring to the particular section violated: Kansas City 
vs. Whitman, 70 Mo. App. 630, 633. And a complaint is insufficient which refers 
to no particular ordinance, nor what the penalty is, nor alleges such attendant 
circumstances as to advise the defendant of the cause of action: Memphis vs. 
O’Connor, 53 Mo. 468; Marshall vs. Stanard, 24 Mo. App. 192. It would seem 
that the statement must allege the offense -to have been committed within the 
limits of the city: See same principle: State ex rel vs. Baker, 74 Mo. 394; Salis- 
bury vs. Patterson, 24 Mo. App. 169. And a statement is bad which is so indefi- 
nite that it might not operate as a bar to another action: St. Louis vs. Bab- 
cock, 156 Mo. 148, 153. Such proceedings may be, in fact to be effective must 
be, summary: Delaney vs. Police Court, 167 Mo. loc. cit. 678. 


If the statement charges several distinct offenses conjunctively in one count, 
and no motion to elect or to strike out is made, a general conviction will be up- 
held if proper under any one of the offenses charged: St. Louis vs. Weitzel, 130 
Mo. 600, 613; see also Gallatin vs. Tarwater, 143 Mo. 40, 47. And hence a motion 
to quash the whole, if any offense in any charge is good, is treated like a general 
demurrer and must be overruled: St. Louis vs. Grafeman Dairy Co., 190 Mo. 492. 
An information not signed by the proper person cannot thereafter be ratified and 
the proceeding must be dismissed: K. C. vs. Flanagan, 69 Mo. 22. There need 
not be any information filed: Billings vs. Brown, 106 Mo. App. 240. 


See. 1280. Suits—statement in may be amended.—When 
any statement of the city attorney or report of the chief of police or other 
duly authorized officer is declared defective in form, and not in substance, 
the same may be amended, if so amended within two hours from the 
time of the decision by the justice, upon such terms as the justice may 
require, but no continuance shall be granted for a longer period that in 
other cases. (M. C., sec. 1202.) 


An amended information may be filed before the police justice without nota- 
tion on the docket; and on appeal the minute entry by the clerk together with 
his certificate sent up with the other papers in the case sufficiently shows that 
the amended information was filed, and when: St. Louis vs. Lee, 8 Mo. App. 
598. Proceeding on report of chief of police is subject to amendment: St. Louis 
vs. Vert, 84 Mo. 204. Under the Kansas City ordinances an amendment cannot 
be. allowed on appeal in the criminal court: Kansas City vs. Whitman, 70 Mo. 
App. 630. 


See. 1281. Suits—summons, when to issue—how served.— 
Upon the statement being filed as provided in section 1277, the police jus- 
tice or the person acting in his stead, shall issue a summons thereon, return- 


824 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 13; 


able forthwith, which shall be delivered to the marshal, who shall forthwith 
proceed to execute the same, either by reading it to the defendant, or by de- 
livering him a copy thereof, or by leaving a copy of it at his usuAl place 
of abode, with a person of the family over the age of fifteen years; and, if 
the person against whom the summons shall be issued, shall refuse to hear 
the same read, or to receive a copy thereof, the officer serving the same shall 
forthwith arrest him and he shall be proceeded against as if said summons 
had been duly served. (M. C., 12038.) 


The cause being a civil one jurisdiction of the person may be obtained either 
by due service of process or voluntary appearance: In re Jones, 90 Mo. App. 
318. But a summons cannot be issued, it seems, without the statement first filed, 
and the court has no jurisdiction: see Missouri City vs. Hutchinson, 71 Mo. 46. 


Sec. 1282. Suits—how tried.—Upon the return of the summons by 
the marshal, the police justice or person acting in his stead, shall be fully 
possessed of the cause and shall proceed to hear and determine the same in 
a Summary way, and to that end shall issue subpoenas for witnesses, and at- 
tachments and other summary processes, if necessary, to compel their at- 
tendance. (M. C., sec. 1204.) 


Prosecution under ordinance abates upon the death of the defendant: Carroll- 
ton vs. Rhomberg, 78 Mo. 547. “Such proceedings may be, in fact to be effective 
must be, Summary: Delaney vs. Police Court, 167 Mo. 1. .c. 678. 


Sec. 1283. Suits—proceedings on default.—When a defendant, 
duly summoned, fails to appearsat the time the suit is set for trial, the 
police justice shall proceed to hear and examine the testimony offered on 
the part of the city, and shall render judgment by default against the de- 
fendant for such amount, under the ordinance, as he may deem justice re- 
quires; but such judgment by default may be set aside by the police jus- 
tice and a new trial granted within ten days after the rendition; provided, 
that the defendant shall, within ten days, make application and show good, 
cause for said setting aside, and shall pay all costs which have accrued, un- 
less he show that he was prevented by unavoidable circumstances from at- 
tending at the trial, in which case he shall not be required to pay the costs. 
(M. C., sec. 1205.) 


The rule in a criminal proceeding that a person cannot be tried in his ab- 
sence does not apply to a prosecution for violation of an ordinance: In re Miller, 
44 Mo. App. 125, 127. 


Sec. 1284. Suits—persons under arrest—trial upon report of 
chief of police.—No summons or warrant shall be issued against any 
person lawfully arrested by any officer or member of the city police, but 
in every such case a trial shall be had upon the written report of the chief 
of police, but the party so arrested may require of the city attorney to file 
a written statement setting forth the nature of the offense with which he is 
charged and the ordinance under which the charge is brought, and for this 
purpose the police justice shall allow a reasonable time not to exceed twenty- 
four hours. (M. C., sec. 1206.) 


The report of the chief of police need not be signed in person but may be 
signed by his subordinate having charge of such matters: St. Louis vs. Vert, 
84 Mo. 204; Ex Parte Hollwedel, 74 Mo. 395; Ex Parte Washington, 10 Mo. App. 495. 


The trial may be had though the report does not ask judgment for a particular 
sum since the maximum and minimum penalties are fixed by ordinance: St. Louis 
vs. Vert, 84 Mo. 204. Such report is subject to amendment: Ib. As to suffi- 
ciency of a report and necessary particulars see St. Joseph vs. Harris, 59 Mo. 
App. 122. 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 825. 


See. 1285. Custody—parties in, to be brought for trial 
each day.—At the opening of the police court, each day, the marshal 
shall bring before the court, for trial, all persons who may be in custody 
for violation of ordinances, and the calaboose-keepers shall, for this pur- 
pose, deliver to the marshal all the prisoners in their keeping; provided, 
that no person whose case has been continued to a later day shall be re- 
quired to be so brought before the court, unless by order of the police jus- 
tice. (M. C., sec. 1207.) 


See. 1286. Jury—of what number to consist.—A jury be- 
fore the police courts, shall consist of six persons, unless the parties agree 
to a less number, or unless the state law requires a jury of twelve. (M. C., 
sec. 1208.) 


But in the absence of ordinance neither the federal nor state constitution. 
guarantees the right to a trial by jury for violation of a mere municipal police 
regulation: Delaney vs. Police Court, 167 Mo. 667; Ex Parte Kiburg, 10 Mo. App. 
442. See note to sec. 1265. Hence if an ordinance giving a jury trial requires 
a deposit for costs, defendant must comply with such provision before he is 
entitled to a jury: Delaney vs. Police Court, supra. Defendant waives a jury 
by submission of an agreed statement of fact: St. Charles vs. Hackman, 133 
Mo. 634. 


Sec. 1287. Jury—venire for, when to issue.—Upon a_ jury 
being demanded, the police justice shall issue his venire, returnable at the 
time the case may be set for trial, and if forthwith, the suit shall be put at 
the foot of the day’s docket, and the police justice shall immediaely pro- 
ceed to try the next suit in order. (M. C., sec. 1209.) 


See. 1288. Jury—proceedings when marshal disqualified. 
When the marshal is of kin to the prosecutor or defendant in any suit, 
or the defendant shall file an affidavit that the marshal is so prejudiced 
against him that justice may not be done in the selection of a jury, the 
police justice shall issue his venire to some disinterested person, who, be- 
fore executing the same, shall be sworn faithfully and impartially to execute 
it, and who shall, for its execution, receive the same compensation as is 
allowed to constables for the same service in justice courts. (M. C., see. 
1210.) 


Sec. 1289. Jury—oath or affirmation to be admistered. 
Jurors shall be sworn or affirmed, to well and truly try the matter in issue 
and a true verdict render, according to the law and evidence. (M. C., sec. 
1211.) 


See 1290. Trials—when separate had.—Persons jointly charged 
shall have a separate trial if they demand it before the trial be gone into, 
or before the jury be impaneled. (M. C., sec. 1212.) 


See. 1291. Trials—jury to assess penalty.—If any jury find 
the defendant guilty, they shall assess the penalty within the limits pre- 
scribed by the ordinance, where the same is not specially fixed by ordinance 
ata given sum. (M. C., sec. 1213.) 


Sec. 1292. Trials—costs assessed on conviction.—In every 
suit for violation of city ordinance before the police justices, where the 
defendant shall be convicted, the following costs shall accrue, and shall be 


collected from defendant in like manner, with the fine imposed, to-wit: A 


826 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. 


police justice’s fee of seventy-five cents, a clerk’s fee of fifty cents, a city at- 
torney’s fee of one dollar, a marshal’s fee of seventy-five cents, and a fee of 
fifty cents for every witness and juror claiming it, to be paid into the treas- 
ury. (M. C., sec. 1214.) 


See. 1293. Suits—when dismissed on payment of costs. 
—Whenever a defendant is proven guilty of ‘a violation of ordinance, which 
violation is, in the judgment of the police justice, of a trivial nature, he 
may, at his discretion, dismiss defendant upon payment of costs. (M. C., 
sec. 1215.) 


Sec. 1294. Suits—costs on abatement of.—Whenever a de- _ 
fendant shall be brought before the justice court by summons, and it shall 
be shown to the police justice that since the filing of the complaint, the 
cause of complaint has been abated, the police justice may dismiss defend- 
ant on payment of costs. (M. C., sec. 1216.) 


See. 1295. Suits—costs of, when prosecutor to pay.— 
When a defendant is acquitted, the informant or prosecutor may be ad- 
judged to pay the costs if it appear to the police justice that the prosecution 
was with malice or without probable cause, and in case any informant, pros- 
ecutor or person (other than a city officer), at whose instance or upon 
whose information, any suit may be instituted by the city, shall neglect and 
fail to appear and prosecute the same, after being duly summoned, said in- 
formant or prosecutor shall be adjudged by the police justice to pay the 
costs that may have accrued in the case so reported. (M. C., sec. 1217.) 


Sec. 1296. Suits—officers as witnesses, requirement. 
Officers shall attend as witnesses against persons whom they have arrested 
without being summoned, and if they fail to appear at the time of trial, 
they may be attached and punished for contempt, as witness summoned. 
(M. C., sec. 1218.) 


Sec. 1297. Witnesses—fees of.—All witnesses and jurors (city 
officers and prosecutors excepted), duly summoned in any suit before a po- 
lice justice, and attending at the trial, shall be entitled to fifty cents for 
each day’s attendance; but they shall not charge for attendance in more 
than one suit on the same day, and every witness or juror shall be deemed 
duly summoned, who is sworn to serve or testify in any case. (M. C., sec. 
1219.) 

R. §S., 1899, provides that no officer, appointee or employee holding a state, 
county, township or municipal office, including police officers and policemen, etc., 
is allowed any witness fee for testifying before a coroner, grand jury or in any 


criminal case. See note to Charter Art. III, sec. 26, clause 8, as to right of of- 
ficers to witness fees. 


Sec. 1298. Witnesses—fees of—claim for and payment.— 
Whenever a witness is entitled to and claims his fees for attendance at any 
police court, the clerk of said court shall give him a certificate of the amount 
due him, stating name of defendant and witness, with the date of the trial, 
and the marshal shall, on the presentation of the said certificate to him, 
pay the same from any moneys in his possession belonging to the city; when 
the city fails to sustain the charge, and otherwise provided, the same has 
been collected from the defendant, and shall at the end of every month, file 
every such certificate with the auditor, who shall allow the same in settle- 
ment of the marshal’s accounts. (M. C., sec. 1220.) 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 827 


Sec. 1299. Suits—continuances, when granted.—Whenever a 
suit is first called up for trial, if either party be not ready owing to the 
absence of witnesses material to the case, a continuance shall be granted by 
the police justice for one day, on the application of the party desiring 
it. Ifa continuance is wanted by either party for a longer time, the party 
making application may be required to state under oath the materiality of 
such witness, and his name, residence, and occupation, if known, where- 
upon a continuance may be granted for a period not exceeding ten days; 
if upon the calling of the case at the time to which it shall have been con- 
tinued, a second continuance is asked, the party applying therefor shall be 
required to make affidavit, stating the materiality of the absent witness, 
what he expected to prove by him, and what means have been used to pro- 
cure his attendance; if sufficient cause be shown, in the judgment of the 
police justice, he shall grant a further continuance, not exceeding thirty 
days; provided, that if the defendant be in custody, and unable to give bail, 
no continuance shall be granted in behalf of the city for a longer time 
than forty-eight hours (except when Sunday shall intervene), nor shall a 
second continuance be granted in its behalf, unless the defendant be ad- 
mitted to bail, but the police justice may admit him to bail on his own rec- 
ognizance, in like manner as if he gave security, in which case a further con- 
tinuance, not exceeding thirty days, may be granted in behalf of the city. 
(M. C., sec. 1221.) 


See. 1300. Suits—econtinuances, application for, when to 
be made—motions for dismissal, ete. —All applications for continu- 
ance shall be made, either at the opening of the court in the morning of the 
day on which the case is set for trial, or when the suit is called for trial, 
and at no other time, unless by permission of the police justice; and all 
motions for dismissal on account of informality or illegality in the paper 
or proceedings, and all other motions in relation to matters which do not 
necessarily arise during the progress of a trial, and all pleas except of 
“ouilty” or of “not guilty,’ must be made and filed in writing and argued 
when the case is called up for trial, and at no other time. (M. C., sec. 1222.) 


yes arraignment and plea are not essential see authorities in note to sec. 


See. 1301. Depositions—when may be: read in evidence. 
—Depositions taken in conformity to the laws of the state may be read in 
evidence on behalf of the defendant before a police justice, in any case 
where the witness is dead, or by reason of sickness, old age, or bodily in- 
firmity, or absence from the city, is unable or cannot safely attend to the 
trial; provided, that such absence is without collusion of the party offering 
the deposition. (M. C., sec. 1223.) | 


Sec. 1302. Notices—to be served on city attorney.—All pro- 
cesses and notices which it may be necessary in any suit before the police 
justice to serve on the city, shall be served on the city attorney or the person 
acting in his stead. (M. C., sec. 1224.) 


See. 1303. Prosecuting attorney—when police justice may 
appoint.—In the absence of the city attorney or assistant city attorney, 
When any suit in which the city is plaintiff is about to be tried, the police 
justice may, if he deems it necessary, appoint some one to prosecute on be- 
half of the city, who shall, during the time he is so acting, possess all the 
power vested in the city attorney. (M. C., sec. 1225.) 


ae 


828 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 138. 


See. 1304. Affidavits for city, by whom to be made. 
When an affidavit upon the part of the city shall be required in any cause 
which has originated in a police court, it shall be made. by the city attorney 
or assistant city attorney, or in case of their inability, by any person to 
whom the facts are known. (M. C., sec. 1226.) 


Sec. 1305. om 
the judgment of a police justice to the St. Louis Court of Criminal Correc-. 
tion in all cases in like manner as provided by law for appeals from jus- 
tices of the peace in criminal cases. (M. C., sec. 1227.) 


Appeals.—At the session of 1907 (Session Laws 1907, p. 91), the legislature 
regulated the manner of appeal, and provided for the giving of bond, and for fines, 
and the effect of the appeal and failure on appeal to pay costs, if convicted, ete. 
See also act of 1873, p. 358, R. S., 1899, p. 2547 (as set out in Laws Spec. Applicable 
to St. Louis, sec. 137). Under the Charter appeals from police courts are to be taken 
A , “in like manner as provided by law for appeals from justices of the 
peace in criminal cases to their appellate courts,” etcse Charter, cAct eLVi eSseCue20.s 
and see also Laws 1907, p. 91. In such cases appeals are allowed if the defendant 
shall, “immediately after the judgment is rendered file an affidavit stating,” etc. 
R. S., 1899, sec. 2782. The affidavit should be filed on the same day unless satisfac- 
tory cause appear; the word “immediately” means “within such convenient time as 
is requisite for doing the thing’: St. Louis vs. Gunning,138 Mo. 347. The Charter 
gives right of appeal from the police court to the court of criminal correction where 
a trial de novo is had, as in cases of appeal from justices’ courts: St. Louis vs. Pahl. 
114 Mo. 32 (holding also that an appeal from C. C. C. only matters to which exception 
was there taken can be reviewed). The prosecution in the police court sufficiently 
resembles a criminal proceeding to make the natural channel for such case to 
go through the criminal court and not the circuit ‘court, to reach its ultimate ap- 
pellate destination: Douglas vs. K. C., 147 Mo. 428, 436. When the record shows 
nothing to the contrary, it will be presumed that an appeal from an inferior 
court was taken within the time allowed by law: Kansas City vs. Clark, 68 Mo. 
588. The voluntary appearance in the appellate court does not confer jurisdiction 
if the appeal was not taken in statutory time: St. Louis vs. Gunning, 138 Mo. 
347 (holding that the law in force when the appeal is taken governs). 


Appeal from C. C. C. should be to Supreme court: St. Louis vs. Coffee, 76 
Mo. App. 318; see also St. Louis vs. Pahl, supra; see notes to laws relating Court 
Criminal Correction in “Laws Applicable to St. Louis,” secs. 102-139, being ante 
pages 97 to 139 


Sec. 1306. Appeals—by city.—The city attorney, or person prose- 
cuting in his stead, may, with the consent of the comptroller, take appeal on 
behalf of the city from the judgment of a police justice, but the next fore- 
going section shall not be construed so as to require of the city any bond 
or affidavit when the city is the party appellant. (M. C., sec. 1228.) 


The city has the right to appeal from the police court: Charter, Art. IV., 
sec. 25; St. Charles vs. Hackman, 133 Mo. 634, 640; Kirkwood vs. Autenreith, 11 
Mo. App. 515. But from the Court of Criminal Correction the case must be re- 
viewed by the city by writ of error not appeal, though the defendant might ap- 
peal: St. Louis vs. Marchal, 99 Mo. 475. As to Court of Criminal Correction, see 
notes to “Laws Spec. Appl. to St. Louis’, Chap 5, Art. IV., secs 102-139. 


Sec. 1307: en- 
dition of any judgment by a police justice imposing a fine or penalty, if the 
defendant does not immediately pay the same with all the costs accruing 
thereon, the police justice shall forthwith cause execution to be issued 
against defendant for the amount of such fine or penalty and costs, in the 
following form as near as may be: “The State of Missouri to the marshal 
of the City of St. Louis, greeting: Whereas, the City of St. Louis hath ob- 
tained judgment before the undersigned, a police justice of the City of St. 
Louis, against , for the violation of an ordinance of said city, for the 
sum of —— dollars, together with all costs in this behalf; these are, there- 


& 


ART. I.] OF POLICE COURTS OF FIRST AND SECOND DISTRICTS. 829 


> 


fore, to command you to levy the said debt and costs of the goods and chat- 
tels of said defendant within the City of St. Louis, and expose the same for 
sale agreeably to law, and for want of sufficient property whereupon to 
levy said debt and costs, you are hereby commanded to take the body of 
said defendant into your custody and convey said defendant to the Work- 
house of the City of St. Louis; the keeper whereof is hereby commanded 
to receive said defendant, and said defendant safely keep until the said 
debt and costs shall have been paid by said defendant’s labor according to 
the laws of the State of Missouri, and the ordinances of the City of St. 
Louis, or until said defendant shall be otherwise discharged by due course 
of law, and you are also commanded to make return of this execution within 
thirty days from the date of the same, with your return indorsed thereon, 
stating how you have executed the same. Given under my hand and at the 


district police court in the City of St. Louis, this day of : 
nineteen , Clerk of District police court.” (M. C., sec. 
1229.) 


See next note. 


Sec. 1308. Executions—how enforced.—Upon receiving the exe- 
cution above stated, the marshal shall immediately take the defendant into 
custody; and if said defendant does not before the sundown of the same day, 
satisfy said execution either by paying the same in money, or by discovering 
to the marshal sufficient goods or chattels, the property of said defendant. 
whereupon to levy said execution, for debt and costs, the marshal shall with- 
out delay deliver the prisoner to the person appointed to convey prisoners 
to the Workhouse. (M. ©., sec. 1280.) 


For authorities that the constitutional guarantee against imprisonment 
for debt does not apply to police court penalties for violating ordinances, see note 
to sec. 1265. 


Defendant cannot object that execution was not issued forthwith, where he 
himself occasioms the delay; and a strict compliance that execution issue forth- 
with is not essential: Hx Parte Thamm, 10 Mo. App. 595: The clerk of the 
Police Court may issue the execution upon judgments in his court: Ex Parte Ki- 
burg, 10 Mo. App. 442. The police judge may stay an execution or grant a re- 
prieve: Ex Parte Burns, 10 Mo. App. 563; Ex Parte Higgins, 14 Mo. App. 601. 


\ 
And Chart., Art. IV, sec. 16, confers on the Mayor authority to remit fines, 
forfeitures and penalties duly imposed for violation of any ordinance; and as 
to the Mayor’s power under ordinances, see R. C., sec. 1497, and note. 


Sec. 1809. Appeals, by parties committed—procedure.—Any 
defendant who shall have been sent to the Workhouse by authority of the 
preceding section, and wishing to appeal from the judgment of the police 
justice under the provisions of section 1305, shall, on application made to 
the police justice of the court in which his case was heard, be brought be- 
fore the said police court, at the next sitting thereof after such application, 
and to this end the police justice shall cause an order to be issued upon the 
superintendent of the workhouse to deliver said defendant to the marshal, 
and the marshal shall present said order to said superintendent, who there- 
upon shall deliver the body of said defendant to the marshal, who shall pro- 
duce the said defendant before said police court at its first sitting there- 
after. (M. C., sec. 1231.) 


Sec. 1310. Appeals—defendant may deposit fine and costs, 
pending giving bond, when.—Any defendant wishing to appeal from 
the judgment of a police justice, and not being ready to enter into bonds, 
may, before his release from custody, deposit with the marshal the amount 
of fine and costs imposed, which shall be received by the said marshal as 
collateral security for such fine and costs until an appeal is perfected, when 


830 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


it shall be returned to the defendant, but if said appeal shall not be per- 
fected within the time required by law, the said collateral shall not be re- 
turned to the defendant, but shall be applied to satisfy the fine and costs 
imposed on him. (M. C., sec. 1232.) 


See. 1311. Costs—deposit for by complainant—when required. 
—The city attorney, when he is satisfied that a complaint or information 
of a violation of ordinance is made for vexation or without just cause, 
may, before commencing any proceedings, require the complainant or in- 
formant to deposit with the marshal double the amount of costs, that will, 
in his judgment, accrue in the suit, and the police justice may, at any time, 
after the filing of a statement by the city attorney, upon motion of the de- 
fendant, require the deposit of costs aforesaid, but the provisions of this 
section shall not apply to any report, complaint or information made by any 
officer of the city, in the discharge of his duty. (M. C., sec. 1233.) 


See. 13812. Contempts—power of justice to punish. 
police justice shall have power to punish all persons guilty of a contempt 
of his court by a fine of not more than one hundred dollars or by imprison- 
ment in the calaboose of the city, or the St. Louis city jail, for a term not 
to exceed twenty-four hours, or by both such fine and imprisonment, and he 
may commit such person until such fine be paid and the judgment of the 
court be satisfied, not exceeding ten days; provided, however, that every 
warrant of commitment shall set forth, specifically, the facts constituting 
the contempt. (M. C., sec. 1234.) 


Sec. 1813. Costs—from city, how ¢ 
audit and allow all accounts for costs, which shall have accrued in suits 
before the police justices or suits appealed from the police court to the 
Court of Criminal Correction, and for which the city shall have become 
liable by reason of judgment against it by the police justice or judge of the 
Court of Criminal Correction, as the case may be; provided, that such ac- 
counts duly certified as correct by the clerk of the proper police court or the 
clerk of the Court of Criminal Correction, as the case may be; and the 
auditor shall thereupon draw his warrant therefor upon the treasurer, piy- 
able out of the appropriation for expenses. (M. C., sec. 1235.) 


Sec. 1314. State laws—when to govern.—The police justices 
and marshal in all matters pertaining to the duties of their respective 
offices, concerning which there is no specific provision by ordinance, shall 
be governed by the laws of the State of Missouri regulating proceedings in 
justices’ courts and the duties of justices of the peace and constables, as far 
as the same may be applicable. (M. C., sec. 1286.) 


See note to sec. 1265. This section authorizes a change of venue: see In re 
Jones, 90 Mo. App. 318, 323. 


Sec. 13815. Marshal—special daily report by. 
make daily, for the information and use of the mayor, a special report of 
the proceedings of each police court, in which he shall enter the names of 
every person fined, in the order in which their names appear on the docket 
of the police justice, the date of trial, the violation or offense alleged and 
the judgment rendered, which report shall be carefully compared with the 
docket of the police court, at the adjournment of the police court, and when 
So compared shall be signed by said marshal and immediately forwarded 
to the mayor. (M. C., sec. 1237.) 


ART. II.] OF POLICE COURT SOUTH OF ARSENAL STREET. $31 


See. 1316. Prisoners—duty of marshal concerning.—lIt shall be 
the duty of the marshal each day after the session of the police courts to 
deliver each and every prisoner convicted and sentenced by either of said 
courts to the officer designated and appointed to superintend the convey- 
ance of said prisoners to the workhouse or elsewhere, in accordance with 
the judgment of the court, together with the original execution or a true 
copy of the same, and said officer, having in charge the prisoners as afore- 
said, shall deliver said prisoners with a true copy of the execution against 
each party sentenced and convicted to the superintendent of the workhouse, 
or other proper person designated, taking his receipt for each and every 
person delivered to him, which shall be indorsed upon the original execu- 
tion, and which shall be returned to the marshal at his office. (M. C., see. 
1238.) 


Sec. 1817. Salaries. —Each of the police justices shall receive a 
salary of twenty-five hundred dollars per annum, and the clerks of said 
courts shall receive each a salary of twelve hundred dollars per annum, 
payable monthly. (M. C., sec. 1239.) 


ARTICLE II. 


OF POLICE COURT SOUTH OF ARSENAL STREET. 


Sec. 1318. Jurisdiction—appointment, salary of justice.—All 
cases of misdemeanor under the charter and ordinances of the City of St. 
Louis, arising within its jurisdiction, lying south of the north line of Ar- 
senal street, shall be tried before a justice of the peace of the City of St. 
Louis, to be designated by the mayor and approved by the council. Also all 
cases of misdemeanor, arising anywhere else within the jurisdiction of the 
City of St. Louis, and transferred by change of venue or on motion of the 
first and second district police courts, to said justices of the peace as afore- 
said, shall likewise be tried before said justice of the peace. The said just- 
ice shall receive as full compensation for his services the sum of seventy-five 
dollars per month out of the city treasury. (M. C., sec. 1240.) 


e 


Under Charter, Art. IV, sec. 27, the Municipal Assembly may increase 
the number of justices and districts. See as to Police Court South of Arsenal 
Street, In re Jones, 90 Mo. App. 318 


See. 1819. Clerk—appointment of—bond—salary.—The mayor 
shall appoint a clerk who shall perform all the duties required under the 
charter and ordinances of the city to be performed by the clerks of the 
police courts, so far as the same may be applicable, and the clerk shall give 
bond to the City of St. Louis to be approved by the mayor, in the sum of 
one thousand dollars, with two good and sufficient sureties, owners of unin- 
cumbered real estate, conditioned for the faithful performance of his duties. 
He shall receive a salary of seventy-five dollars per month, payable out of 
the city treasury. (M. C., sec. 1241.) 


Sec. 1820. Attorney—appointment of—salary.—The mayor shall 
appoint an attorney, who shall have the same powers and possess the same 
qualifications as the city attorney, to prosecute, on behalf of the city, all 
cases before said justice, and all appeals from said court to any court havy- 
ing appellate jurisdiction of the same. He shall receive a salary of seventy- 
five dollars per month, payable out of the city treasury. (M. C., sec. 1242.) 


832 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 13. 


Sec. 1321. Marshal—to execute writ.—The city marshal shall 
execute all writs and processes of said court. (M. C., sec. 1243.) 


Sec. 1822. Court—where held.—tThe place of holding said court 
shall be at the first district police station, or at such other places as shall 
be designated by the mayor. (M. C., sec. 1244.) 


See. 1323. Practice and proceedings—changes of venue— 
appeals,etc. —The time of holding court and the practice and proceed- 
ings before said justice, shall be the same as that governiug the police 
courts of the city. Changes of venue shall be had and allowed to and from 
said justices of the peace, to or from the First or Second District Police 
Courts of the city, as the case may be, in like manner and form as is now 
provided for by law from changes of venue between said First and Second 
District Police Courts. Said justice of the peace may also, on his own 
motion, transfer any cause pending before him to either the First or Sec- 
ond District Police Courts, and shall have power and jurisdiction in all 
cases which may likewise be transferred to him by the police justice of 
either said First or Second District Police Courts. Appeals from all judg- 
ments rendered by said justice may be had to the court in like manner and 
form and according to the same practice which is now provided by law for 
appeals from judgments of the First and Second District Police Courts. In 
all other respects the procedure, practice, rules and regulations governing 
the practice in cases before the First or Second District Police Courts shall 
likewise be had and observed in the trial and procedure in cases before 
said justice. (Ord. 21202, amending M. C., sec. 1245.) 


/ 


See In re Jones, 90 Mo. App. 318. 


ARTICLE III. 
OF JUSTICES OF THE PEACE.* 


*Justices of the Peace and Constables are governed by the State statutes: See 
R. S. 1899, secs. 6508-6536, set out, with notes, herein under ‘‘Laws Specially Ap- 
Plicable to St. Louis,’ Chap. 5, Art. 6, (secs. 173-202, pages 114-117), which should 
be consulted in connection with these ordinances. 


Sec. 1824. Suitable office to be provided.—lIt shall be the duty 
of the mayor, comptroller and city counselor to locate and provide suitable 
offices and rooms for the several justices of the peace, their clerks and con- 
stables, in the City of St. Louis. (M. C., see. 1250.) 


Sec. 1325. Form, ete., of records, ete., to be prescribed. 
—It shall be the duty of the city counselor to prescribe the form, size and 
style of all books of record, dockets and blanks required to be kept by the 
* several justices of the peace, their clerks and constables. (M. C., sec. 1251.) 


See. 1326. Requisitions for supplies.—All requisitions for supplies 
of whatever kind, whether required by a justice of the peace, clerk or con- 
stable, shall be submitted to the comptroller for his approval before either 
the commissioner of supplies or register shall be authorized to purchase 
the same; provided, however, that if said supplies are in the nature of print- 
ing and binding, the same shall be submitted to the city counselor for his in- 
spection, in order that he may determine as to the correctness of form, size 
and:style. (M. C., sec. 1252.) 


Asta LV) OF MARSHAL. 833 


Sec. 1827. Inspection of books of justices, and constables. 
—The comptroller shall, once each month, thoroughly inspect and examine 
the books of accounts of the several justices of the peace, clerks and con- 
stables of the City of St. Louis, and verify the same; and he shall prescribe 
the form of all fiscal statements required to be rendered by them under the 
law. (M. C., sec. 1258.) 


Sec. 1328. Office expenses to be paid.—The comptroller is 
hereby authorized to pay all expenses necessarily incurred by the justices 
of the peace and constables in connection with their offices from the time 
they qualified under the present law, provided he is satisfied that such ex- 
penses were necessary and the amount thereof reasonable. (M. C., sec. 1254.) 


ARTICLE IV. 


OF MARSHAL. 


See. 1829. Marshal—power and authority.— The marshal shall 
have and exercise all the power and authority which by law and ordinance 
were heretofore vested in the marshals of St. Louis county and the City 
of St. Louis at the time of the separation of St. Louis county from the City 
of St. Louis, so far as the same does not conflict with the laws of the State 
and the charter of the City of St. Louis, and he shall be subject to all the 
duties and obligations heretofore imposed upon the marshals of said county 
and city by law and ordinance. (M. C., sec. 1255.) 


See. 1330. Bond.—The marshal shall, within ten days after he shall 
have received his commission, give a bond to the City of St. Louis, in the 
sum of ten thousand dollars, signed by two or more securities, who shall 
be owners of unincumbered real estate in the City of St. Louis, conditioned 
for the faithful performance of his duties. Said bond shall be approved by 
the mayor and the council. (M. C., sec. 1256.) 


See. 1331. Duties of marshal.—The marshal shall execute and re- 
turn all processes and orders of the mayor, law department, health depart- 
ment, police justices or justices of the peace, under any law or ordinance; 
he shall keep a detailed account of the receipts of all money collected by 
or in his office, and of all delinquencies, and shall report all receipts and 
delinquents monthly, to the comptroller; except in cases of police courts 
he shall make daily statements and returns at two p. m. of all fines imposed 
fines collected, fines remitted, also all costs paid in each case to the comp- 
troller, and at the same time pay all fees received by him into the treasury, 
taking receipt of the treasurer therefor in triplicate, one of which he shall 
file with the comptroller, and one with the auditor. (M. C., sec. 1257.) 


Duties: See Scheme, secs. 18, 6; Charter, Art. IV, sec. 31. 


Sec. 1332. Marshal—deputies to be appointed by.—The 
marshal shall, with the approval of the mayor, appoint one chief deputy, 
one deputy of the first class and two deputies of the second class and such 
other deputies of the third class as he may require, and such other assist- 
ants as he may from time to time find necessary. Such deputies shall have 


834 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


and exercise the power and authority which by law and ordinance were 
heretofore vested in the deputy marshals of St. Louis county and the City 
of St. Louis at the time of the separation of St. Louis county from the City 
of St. Louis, not in conflict with the laws of the State of Missouri and the 
provisions of Scheme and Charter, and shall hold their respective positions 
during good behavior, but may be removed for cause by the mayor and by 
the marshal at his pleasure. (M. C., sec. 1258.) 


See. 1333. Salaries.—The salary of the marshal shall be four thou- 
sand dollars per annum, the salary of the chief deputy shall be sixteen 
hundred dollars per annum and of the deputy of the first class fourteen 
hundred dollars per annum. The salary of each of the deputies of the 
second class shall be twelve hundred dollars per annum, and the salary of 
each of the deputies of the third class shall be at the rate of nine hundred 
dollars per annum, all payable monthly, and he shall pay to such other 
assistants as he may require from time to time such daily compensation as 
may be just, to be approved by the mayor. (M. C., sec. 1259.) 


ARTICLE V. 


OF JURY COMMISSIONER. 


See. 1334. Jury commissioner—salary of—office—where 
located, etce.—The jury commissioner of the City of St. Louis, appointed 
in pursuance of an act of the general assembly of the State of Missouri en- 
titled “An act to provide a jury system in cities having over one hundred 
thousand inhabitants,” approved April eleventh, eighteen hundred seventy- 
nine, shall receive from the city treasury out of any money appropriated 
therefor by the municipal assembly, a salary of twenty-five hundred dol- 
lars per annum, payable in equal monthly installments, at the end of each 
month; and he shall occupy a room in the court house to be designated 
by the mayor, and upon his requisition, approved by the mayor and comp- 
troller, shall be furnished with the necessary fuel, stationery, books and 
furniture for the proper discharge of his duties under said act; and the 
deputies appointed by said jury commissioner in the manner prescribed in 
said act, shall draw their salaries not in excess of the appropriation made 
for that purpose, for the periods during which they are employed in monthly 
installments out of any moneys so appropriated, upon pay-rolls, which shall 
be certified by the jury commissioner and approved by the mayor; pro- 
vided, that the Jury commissioner shall devote his entire time in the dis- 
charge of the duties of his office, and shall not employ any deputies or as- 
sistants or incur any liability whatever, not provided for by appropriation. 
(M. C., sec. 1260.) . 


As to jury commissioner, see State statute R. S. 1899, secs. 6539 et seq. 
set out herein under “Laws Specially Applicable to St. Louis’ (Chap. 5, Art. V), 
secs. 140 and following, being ante, page 106 ef seg. The jury commissioner of 
St. Louis is neither a county, township nor city officer within the meaning of the 
Constitution, and a statute authorizing his appointment for a period exceeding 
four years, under certain circumstances, would not be unconstitutional: See 
State ex rel. vs. Corcoran (decided Sup Ct., July 2, 1907, but not as yet reported). 


ARTICLE VI. 


OF COMPENSATION OF JURORS. . 


Sec. 1835. Jurors—pay of.—Each grand and petit juror on the 
regular panel of the Circuit Court and the Criminal Court of the city, shall 


ARTS. VII, VIII, I.] OF THE CITY ATTORNEY. 835 


receive one dollar fifty cents per day for every day he shall actually serve 
as such, without mileage, to be paid out of the city treasury. (M. C., sec. 
1261.) 


As to pay of petit jurors, see R. S. 1899, sec. 6562 (set out under “Laws 
Specially Applicable to St. Louis’’ herein, sec. 163); Scheme, sec. 31; in police court, 
see R. C., sec. 1297. As to grand jurors, see Scheme, sec. 28; R. S. 1899, sec. 6569- 
6570 (set out “Laws Specially Applicable,” etc., supra, sec. 170-171. All jury fees 
must be collected within:a year: R. C., sec. 2412. 


ARTICLE VII. 


OF THE PROBATE COURT.* 


*There are now no ordinances in force on this subject. The provisions of 
the Municipal Code relating thereto (secs. 1246 to 1249, inclusive, which were ord. 
19668), were founded upon Rev. St. 1899, sec. 1764 and especially R. S. 1899, secs. 
6244-6246, inclusive (passed in 1897); but in Henderson vs. Koenig, 168 Mo. 356, 
the Supreme Court, in banc, declared the statute void (and necessarily with it 
secs. 6244-6246, supra, and all the ordinances based thereon), and in 1905 the 
statutory provision, sec. 1764, was in effect repealed by Session Laws 1905, p. 155, 
leaving the whole matter to be governed by the state statutes. See also the sec- 
ond appeal of said case, Henderson vs. Koenig, 192 Mo. 690, also decided by the 
court in bane. Hence the ordinance provisions are void and at all events super- 
seded by subsequent legislation. The ordinances were expressly repealed after 
submission of the Revised Code to the Municipal Assembly, in ord. 22572, ap- 
proved Oct. 2, 1906. 


ARTICLE VIII. 


OF THE JUVENILE COURT.** 


**See Appendix (Ch. 13, Art. VIII, ord. 22549, approved July 12, 1906, too late 
for incorporation in the Revised Code). As to the act creating and concerning the 
Juvenile Court see “Laws Specially Applicable to St. Louis,’ Chapter 5, Art. 7, p. 
118 et seq. 


CHAPTER 14. 


LAW DEPARTMENT. 


ART: I. Of city attorney. 
II. Of city counselor. 


ARTICLE I. 
OF THE CITY ATTORNEY. 


Sec. 1336. City attorney—qualifications.—No person shall here- 
after be qualified to fill the office of city attorney, who has not been a 
licensed and practicing attorney for at least two years prior to his appoint- 
ment, and who shall not have been for two years next preceding his appoint- 
ment, a resident of this city. (M. C., sec. 1262.) 


Sec. 13837. Assistant city attorney.—The office of assistant city 
attorney is hereby created, which said officer shall aid generally in the per- 
formance of the same duties as are by law enjoined upon the city attorney. 
(M. C., sec. 1263.) 


Sec. 1338. Same—appointment of.—The assistant city attorney 
shall be appointed by the mayor and confirmed by the council, and shall 
hold his office during the same term as the city attorney. (M. C., sec. 1264.) 


836 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. 


Sec. 1339. Same—city attorney and assistant—duties of.— 
It shall be the duty of the city attorney and assistant city attorney: First, 
to prepare all charges and to prosecute and to defend before the police 
justice or justice of the peace, St. Louis Criminal Court or St. Louis Court 
of Criminal Correction, all actions on behalf of the city, or emanating from 
the board of police commissioners or the health department, and defend be- 
fore said courts all actions against any officer, or servant, or agent of the 
city, or of said health department, or said board of police commissioners, on 
account of his official acts, and to attend in appellate courts to all appeals 
or writs of error, in any case originating as aforesaid; second, to keep an 
office in the first district court building, and, also, keep an office in the 
second district court building, and at no other place or places; third, to 
prepare all charges, and to prosecute or defend in any court of record, any 
suit or action originating there, and when required by the mayor; fourth. 
to take an appeal or writ of error on behalf of the city, with the consent 
and approval of the comptroller, and make the necessary affidavits therefor, 
and prepare the necessary bond in the name of the city; fifth, to advise the 
municipal assembly or its committees, or any city officer, as the city coun- 
selor is required to do; sixth, to furnish the board of police commissioners 
and the board of health with the legal advice and service required by them. 
(M. C., sec. 1265.) 
City attorney can only act when the law confers the authority to do so, 


and then only when he pursues the mode therein prescribed: St. Joseph vs. 
Harris, 59) fot: App. 122. 


Sec. 13840. City attorney—reports by. shall 
report to the comptroller all suits and judgments in favor of or against the 
city in any court of record, which it is the duty of the city attorney to pros- 
ecute or defend, and he shall make also quarterly reports to the comptroller 
of all unsatisfied judgments, their date, and amount recovered, in favor of 
the city before the police justice or any justice of the peace. (M. C., sec 
1266. ) 


Sec. 1841. Salaries. —The said city attorney shall receive a salary 
of twenty-five hundred dollars per annum, payable monthly, out of the city 
treasury, in full compensation for his services. The said assistant city at- 
torney shall receive a salary of fifteen hundred dollars per annum, upon 
the same conditions and payable in the same manner as said city attorney. 
(M. C., sec. 1267.) 

The city attorney is entitled to the compensation fixed by ordinance, and 


no other, nor can the Mayor appoint an attorney so as to make the city liable, 
in the absence of authority conferred on him: Carroll vs. St. Louis, 12 Mo. 444. 


Sec. 1342. Bonds of attorney and assistant.—The city attorney — 
shall give bond to the city to be approved by the mayor and council, in the 
sum of ten thousand dollars, with two good and lawful securities, con- 
ditioned for the faithful performance of his duties, and that he shall pay 
over to the city treasurer, or any other person or persons entitled thereto, 
any money that may come into his hands, and the assistant city attorney 
shall give a similar bond in the sum of five thousand dollars. (M. C., sec. 
1268.) 


Sec. 1848. Associate city. attorney—duties—control of.— 
The office of associate city attorney is hereby created. The associate city 
attorney shall perform the same functions and duties as the city attorney 
and be subject to the control and direction of the said city attorney. (Ord. 
21651, sec. 1.) 


Ord. 21651, sec. 5, repeals Mun. Code, secs. 1269, 1270, 1271. 


ART. II.] OF THE CITY COUNSELOR. 837 


Sec. 1844. Sam e—appointment—term.—The associate city 
attorney shall be appointed by the mayor and confirmed by the city coun- 
cil, and shall hold his office until the expiration of the term for which the 
city attorney is then appointed. (JD., sec. 2.) 


Sec. 1845. Salary of associate city attorney.—The associate city 
attorney shall receive a salary of fifteen hundred dollars per annum, payable 
monthly. (J/b., sec. 3.) 


Sec. 1846. Bond.—The associate city attorney shall give bond to the 
City of St. Louis for the faithful discharge of his duties, in the sum of five 
thousand dollars, with at least two good and sufficient sureties, owners of 
unincumbered real estate in the City of St. Louis, to be Seite by the 
mayor and council. (Jb., sec. 4.) 


Sec. 1847. City attorney or assistant may appoint substitute, 
when—shall not appear against city.—The city attorney may, 
in case of temporary absence from the city, sickness, or inability to attend 
any court, at his own expense, with the approbation of the mayor, appoint 
some person to act in his stead for the occasion, in city cases, and when 
either, before assuming his office, shall have been retained as counsel ad- 
versely to the city in any case to which it is his,duty to attend on behalf 
of the city, he shall inform the mayor thereof, who may appoint another 
person to represent the city in such case. The city attorney shall not appear 
against the city in any suit or case in court to which said city is a party, 
nor shall be voluntarily interested, either directly or indirectly, in any case 
or suit against the said city. The provisions of this section shall also ap- 
ply to the assistant city attorney. (M. C., sec. 1272.) 


ARTICLE II. 
OF THE CITY COUNSELOR.* 


*Charter provisions as to rights, duties, etc., see Art. IV, sec. 32, in general; 
also see Art. VI, secs. 2, 3 (as to condemnation proceedings); acts as land com- 
missioner: Art. XVI, sec. 4; advise Police Board: Art. XVI, sec. 15; annual re- 
port, Art. IV, sec. 47; appointment and term: Art. IV, secs. 2, 9. Speaking of 
city attorney and counselor, the court in an old case said: “We are of opin- 
ion that the ordinance which prescribes the duties of these officers, designed to 
secure the services of one or the other of them in every case where legal services 
were supposed to be necessary:” Carroll vs. St. Louis, 12 Mo. 1. c. 446. Like any 
other officer, a city counselor has no vested interest in the office, and it may 
be abrogated by the assembly: Primm vs. Carondelet, 23 Mo. 22. 


The article concerning the city counselor’s office was amended in many re- 
spects by ordinance No. 23038, approved April 1, 1907 (which was after the ap- 
proval of the Revised.Code, and hence could not be included therein). That ordi- 
nance amended sections of the Municipal Code (corresponding to the sections 
of the Revised Code as indicated below), to-wit: 


ME CeESsecr Latin nev: Cy eSe6C yy LobaGevin CO) eIseCe LaSO Clive, Co. SC: L360). Me tC: 
Ne Cee Tun ho, SCCAM od) Me Os, SCG Luco wUruarC we SOG: to00).e Mose 1286 CRa iG. . 
HeCaro GI eM es Cun AO it. Gr eSeG. lobo) Mi ease leone. C.sec. 1666)¢.M. C..' 1292 
Cin Gree. lL So) vison seGn L296 ChrnGuaeseen Toul) tM. .G.- secre 129.7% GRC. sec. 
1372). The new ordinance provides as follows: 


Section Twelve Hundred and Bighty-two (R. C., sec. 1857): In addition to 
the qualifications prescribed by Section Ten of Article Four of the Charter, the 
Associate City Counselor shall have been licensed to practice law in the courts 
of this State at least eight years previous to his appointment; the Second Associ- 
ate City Counselor shall have been licensed to practice law in the courts of this 
State at least six years previous to his appointment; and the Assistant City Coun- 


838 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. 


selor shall have been licensed to practice law in. the courts of this State at least 
five years previous to his appointment. Section Twelve Hundred and EHighty-five 
(R. C., sec. 1860): The City Counselor shall, with the approval of the Mayor, 
appoint a Chief Clerk, four Clerks and two Stenographers, who shall hold their 
respective offices at the pleasure of the City Counselor. Section Twelve Hun- 
dred and Highty-six (R. C., sec. 1361): In addition to the qualifications pre- 
scribed by Section Ten of Article Four of the Charter, the Clerks and the Sten- 
ographérs shall be qualified voters of the City. Section Twelve Hundred and 
Ninety (R. C., sec. 1865): The Assistant City Counselor shall receive a salary of 
Twenty-five Hundred Dollars per annum, payable monthly. Section Twelve Hun- 
dred and Ninety-one (R. C., sec. 1366): The Chief Clerk shall receive a salary of 
One Hundred and Fifty Dollars per month; each of the clerks shall receive a 
salary of One Hundred Dollars per month and Twenty-five Dollars per month for 
expenses in the discharge of duties that may be assigned to him, and said salary 
and said expense money shall be paid monthly. Section Twelve Hundred and 
Ninety-two (R C., sec. 13867): Each of the Stenographers shall receive a salary 
of One Hundred Dollars per month, payable monthly. Section Twelve Hundred 
and Ninety-six: It shall be the duty of the Chief Clerk and of the Clerks to 
Keep a record of all cases pending in any of the courts, showing the proceedings 
therein, both in court and before commissioners, write the reports in condemna- 
tion and change of grade proceedings, prepare the final judgments therein, make 
investigation of facts and collect evidence in cases in which the city is a party, 
make preparation thereof for trial, keep suitable indexes, prepare the oaths of 
commissioners in street opening proceedings, keep a record of the attendance of 
such commissioners, read proof on printed briefs, advertisements of benefit dis- 
tricts in street opening proceedings and other necessary printed matter, answer 
inquiries of members of the Municipal Assembly and of other interested parties 
respecting the progress of street openings, procure the investigation of titles and 
the preparation of suitable plats and blue prints in street opening proceedings, 
keep a ledger of moneys appropriated for the department and vouchered out, and 
any other necessary accounts, prepare daily lists of the court entries applicable 
to any pending litigation in which the City of St. Louis or any of its officials is 
interested, make lists of assignments and settings of cases, make preliminary 
examinations of all bonds and contracts which are to be submitted to the de- 
partment, attend to telephone, run errands, assist in the investigation of any 
question of law or of fact submitted to the department, assist in the preparation 
of briefs, motions, pleadings, bills of exceptions, and other legal papers and docu- 
ments, and perform all such other duties as may be assigned to them by the 
City Counselor. Section Twelve Hundred and Ninety-seven: The Stenographers 
shall perform all services usually incident to such positions, and shall also per- 
form such other duties as may be required by the City Counselor. 


Approved April list, 1907. 


By ordinance 23150 (enacted after Revised Code) the office of Second Assistant 
City Counselor was created; see appendix for same. 


Sec 1848. Law department created.—There is hereby created a 
law department of the City of St. Louis. (M. C., sec. 1273.) 


Sec. 1849. Qualifications of city counselor.—In addition to the 
qualifications prescribed by section ten of article four of the charter, the 
city counselor shall have been a practicing lawyer for ten years, and li- 
censed to practice law in the courts of this state at least seven years pre- 
vious to his appointment. (M. C., sec. 1274.) 


Sec. 1850. Bond of city counselor.—tThe city counselor shall give 
bond for the faithful discharge of his duties in the sum of ten thousand 
dollars with at least two good and sufficient sureties, owners of unincum- 
bered real estate in the City of St. Louis, to be approved by the mayor and 
council. (M. C., sec. 1275.) 


Sec. 1351. Office of associate city counselor created.—The 
office of associate city counselor is hereby created, to begin from and after 
the third Tuesday of April, eighteen hundred and ninety-five. The associ- 


ART. II.] OF THE CITY COUNSELOR. 839 


ate city counselor shall be appointed by the mayor and confirmed by a ma- 
jority of the members of the council. (M. C., sec. 1276.) 


a 


Sec. 1352. Qualifications of associate city counselor.* — The 
associate city counselor shall possess the same qualifications as the city 
counselor.* (M. C., sec. 1277.) 


Sec. 1353. Bond of associate city counselor.—The associate 
city counselor shall give bond for the faithful discharge of his duties in the 
sum of five thousand dollars, with at least two good and sufficient sureties, 
owners of unincumbered real estate in the City of St. Louis, to be approved 
by the mayor and council. (M. C., sec. 1278.) 


Sec. 1354. Office of second associate city counselor created. 
—The office of second associate city counselor is hereby created to begin 
from and after the tenth day of December, eighteen hundred and ninety- 
seven. The second associate city counselor shall be appointed by the mayor 
and confirmed by a majority of the members of the council. The first ap- 
pointment to be made on the tenth day of December, eighteen hundred and 
ninety-seven, and to be for a term ending on the first Tuesday in April, 
eighteen hundred and ninety-nine, and until his successor is appointed and 
qualified and thereafter the appointment to be contemporaneous and for a 
like term as that of the city counselor. (M. C., sec. 1279.) 


See. 1855. Qualifications of second associate city counselor.* 
—In addition to the qualifications prescribed in section ten of article four 
of the charter, the second associate city counselor shall have been licensed 
to practice law at least five years in the courts of this state next preceding 
his appointment.* (M. C., sec. 1280.) 


See. 13856. Office of assistant city counselor created.—The 
office of assistant city counselor is hereby created. The assistant city coun- 
selor shall be appointed by the mayor and confirmed by a majority of the 
members of the council. (M. C., sec. 1281.) 


Ord. 23150 (enacted after Revised Code) created the office of Second Assistant 
City Counselor; see appendix for same. 


Sec. 13857. Qualifications of assistant city counselor.*— In 
addition to the qualifications prescribed by section ten of article four of 
the Charter, the assistant city counselor shall have been licensed to practice 
law in the courts of this State at least four years previous to his appoint- 
ment.* (Ord. 20757, sec. 1; amending M. C., sec. 1282.) 


Sec. 1358. Bonds of second associate and assistant.—The 
second associate and assistant city counselor shall each give bond for the 
faithful discharge of their duties in the sum of five thousand dollars, with 
at least two good and sufficient sureties, owners of unincumbered real estate 


*Amended by ordinance No. 23038, enacted shortly after Revised Code; see 
above note to heading of this article (II), where the amendments are given. The 
ordinance is set out in full in the appendix to Rev. Code 


840 REVISED CODE OR GENERAL ORDINANCES. [CHAP i. 84. 


in the City of St. Louis, to be approved by the mayor and council. (M. C., 
sec. 1283.) 


Sec. 1359. Terms of associate and second associate.—The 
associate city counselor and second associate city counselor shall hold their: 
respective offices for four years and until their successors are duly ap- 
pointed and qualified, but they shall be subject to removal by the mayor 
and council, provided that the first appointment _of the second associate 
city counselor shall be for a term ending on the first Tuesday in April, 
eighteen hundred and ninety-nine, and until his successor is duly appointed 
and qualified. (M. C., sec. 1284.) 


See. 1360. Chief clerk, clerk and stenographer—tenure.*— 
The city counselor shall, with the approval of the mayor, appoint a chief 
clerk, a clerk and a stenographer, who shall hold their respective offices at 
the pleasure of the city counselor.* (Ord. 20757, amending M. C., sec. 
1285.) 


Sec. 1361. Qualifications of clerk and stenographer.*—In ad- 
dition to the qualifications prescribed by section ten of article four of the 
Charter, the clerks and stenographer shall be qualified voters of the city.* 
(Ord. 20757, amending M. C., sec. 1286.) 


Sec. 1862. Salary of city counselor.—tThe city counselor shall re 
ceive a salary of five thousand dollars per annum, payable monthly. (M. 
C., sec. 1287.) 


Sec. 1363. Salary of associate.—The associate city counselor shall 
receive a salary of four thousand dollars per annum, payable monthly. (M. 
C., sec. 1288.) 


Sec. 13864. Salary of second associate.—The second associate city 
counselor shall receive a salary of three thousand dollars per annum. pavy- 
able monthly. (M. C., sec. 1289.) 


Sec. 1365. Salary of assistant.*—The assistant city counselor shall 
receive a salary of twenty-five hundred dollars per annum, payable month- 
ly, provided, however, that this shall not apply to the present incumbent 
of the office of assistant city counselor during his present term, who shall 
receive a salary of.eighteen hundred dollars per annum, payable monthliy.* 
(Ord. 20757, amending M. C., sec. 1290.) 


Sec. 1866. Salary of chief clerk and clerk—expense money 
of clerk. —The chief clerk shall receive a salary of one hundred and fifty 
dollars per month; the clerk shali receive a salary of one hundred dollars 
per month and twenty-five dollars per month for expenses in the discharge 
of duties that may be assigned to him; said salary and said expense money 
Shall be paid monthly.* (Ord. 20757, amending M. C., sec. 1291.) 


*Amended by ordinance No. 23038, enacted shortly after Revised Code; see 
pp. 837-838, note to heading of this article (II), where the amendments are given. 
The ordinance is set out in full in the appendix to Rev. Code. 


BIGLs, bie} OF THE CITY COUNSELOR. 841 


Sec. 1867. Salary of stenographer.*—The stenographer shall re- 
ceive a salary of one hundred dollars per month, payable monthly.*  (M. 
C., sec. 1292.) 


Sec. 1868. Duties of city counselor.—In addition to the duties 
prescribed in section thirty-two of article four of the Charter it shall be 
the duty of the city counselor: First, to initiate and prosecute in the cir- 
cuit court all proceedings for the appropriation and expropriation of pri- 
vate property, for opening, widening or altering any street, avenue, wharf, 
market place or public square, or route for a sewer or water pipe, as pre- 
scribed and required in article six of the charter; second, to do and perform 
any act necessary to be done in the prosecution of proceedings for street 
openings commenced before the land commissioner, and pending at the time 
the charter became operative, and conduct the same as provided in section 
four, article sixteen of the charter; third, to furnish to the board of police 
commissioners, health commissioner and board of health, all legal advice 
and service desired by them respectively; fourth, to take charge, prosecute 
or defend, as the case may be, all suits pending for or against the county 
of St. Louis as heretofore established and which the county counselor 
had in hand and in which the city is interested; fifth, to keep a record of 
all legal opinions officially given by him, in writing, with the request there- 
for, and an index thereto, and an account book showing all claims placed 
in his hands for collection, all moneys received by him on account of the 
city, and all payments to the city treasury, within twenty-four hours after 
its receipt by him, for which triplicate receipts shall be taken, one of which 
shall be filed in the auditor’s office, and one in the comptroller’s office; 
sixth, to keep a book or docket in which he shall enter an abstract of all 
suits pending in favor of or against the city, in tabular form, substantially 
as follows: Names of parties; suits, when brought; in what court; nature 
of action; names of witnesses; proofs, etc., for the city; amount of judg- 
ment; date of judgment; date of execution; remarks, etc.; which book or 
docket shall be delivered by him to his successor in office; seventh, to prose- 
cute an appeal or writ of error in any case in which the city is concerned 
and make proper affidavits thereof when so directed by the comptroller. 
(M. C., sec. 1293.) 


Sec. 13869. Duty to pass on form of pending bills.—When- 
ever any committee of either house of the municipal assembly, or any mem- 
ber of either of said houses, shall submit to the city counselor or to the as- 
Sociate city counselor a copy of any bill pending in either of said houses, 
or a draft of any proposed ordinance about to be introduced into either 
of said houses by any member thereof, with the request that the city coun- 
Selor or the associate city counselor make such alterations or modifications 
in the form of such copy of a bill or draught of an ordinance, if any are nec- 
essary, as will make such bill or proposed ordinance as altered or modified 
conform to the proper charter requirements as to the form of ordinances, 
it shall be the duty of the city counselor or of the associate city counselor, 
as the case may be, to make such alterations or modifications as expedi- 
tiously as possible and return the copy of the bill or draught of the ordi- 
nance so altered or modified to the committee by which, or to the member 
by whom, the same was presented to him. (M. C., sec. 1294.) 


See also hereinafter, sec. 1413 of Rev. Code. 


*Amended by ordinance No. 23038, enacted shortly after Revised Code; see 
pp. 837-838, note to heading of this article (JI), where the amendments are given. 
The ordinance is set out in full in the appendix to Rev. Code. 


842 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 14. 


See. 1370. Associate, second associate and assistant—du- 
ties. — The associate city counselor, second associate city counselor and 
assistant city counselor shall be under the control and direction of the city 
counselor, and shall perform such duties in the line of their respective 
offices as may be designated from time to time by the city counselor or by 
the charter or ordinances. (M. C., sec. 1295.) 


Sec. 1371. Duties of chief clerk and clerk.*—The chief clerk 
shall write the reports in condemnation and change of grade proceedings, 
and keep a record of all such cases, showing the progeedings therein both in 
court and before the commissioners, and such other duties as shall be as- 
signed to him by the city counselor, or provided by ordinances. The clerk 
shall make investigation of facts and collect evidence in cases in which the 
city is a party, and perform such other dutiés as shall be assigned to him 
by the city counselor or provided by ordinances.* (Ord. 20757, amending 
M. €., sec. 1296.) 


Sec. 1872. Duties of stenographer.*—The stenographer shall re- 
port and transcribe all testimony taken before commissioners in all pro- 
ceedings for the opening of any street or alley when required so to do by the 
city counselor, and he shall also perform such other duties as may be re- 
quired by the city counselor or ordinances.* (M-. C., sec. 1297.) 


See. 1878. Commissioners in street openings to meet in 
office of city counselor.—The commissioners in all proceedings for 
opening of any street or alley shall hold their sessions at the office of the 
city counselor and each adjournment shall be to a day certain which shall 
be noted on the record and the case set upon the session docket for that day 
and such session docket shall be open to the inspection of the public. (M. 
C., sec. 1298.) 


See. 1874. When and how special counsel may be employed 
—how compensation fixed.—In case of the disability or inability only 
of the city counselor to act in the performance of his duty, special counsel 
may be employed; provided, however, that no special attorney or attorneys 
shall be employed in such case at the expense of the city, except by the 
mayor, who, when the council is in session, shall report to it in writing the 
facts showing the necessity for such employment, and the name or names, 
and the exact compensation to be paid to such attorney or attorneys, and 
recommend their retainer, when, if the council shall approve of such recom- 
mendation by a vote of the majority of all the members elect to said council, 
upon a call of the yeas and nays, then, and in such case, the mayor shall 
have power to contract with such attorney or attorneys upon the terms and 
conditiogs approved by the council; but when the council is not in session, 
then, in case of emergency, the mayor may act without the approval of the 
council, provided, however, that the city counselor, with the approval of the 
mayor, may engage local counsel to assist him in the trial cases in nisi prius 
courts outside the City of St. Louis, where the city is a party to the suit, 


*Amended by ordinance No. 23038, enacted shortly after Revised Code; see 
pp. 887-8388, note to heading of this article (II), where the amendments are given. 
The ordinance is set out in full in the appendix to Rev. Code. 


ART. I] OF MUNICIPAL ASSEMBLY. 843 


at a fee not exceeding fifty dollars, to be paid out of the fund for costs and 
legal expenses. (Ord. 20863, amending M. ©., sec. 1299.) 


In the absence of authority conferred on the mayor he cannot employ an attorney 
so as to bind the city for his compensation: Carroll vs. St. Louis, 12 Mo. 444. 


See. 1375. Additional stenographer—compensation.—In addi- 
tion to the employes herein mentioned, the city counselor may, when in his 
opinion the efficient working of the department requires it, employ an addi- 
tional stenographer at a rate not exceeding three dollars per day, payable 
out of the fund appropriated for costs and legal expenses, who shall per- 
form such duties as may be required by the city counselor. (Ord. 21889, 
providing new sec. 1299a to M. C.) 


orn Gai se 


LEGISLATIVE DEPARTMENT. 


PASE Tne I. Of municipal assembly. 


II. Of ordinances. 


ARTICLE I. 


OF MUNICIPAL ASSEMBLY.* 


Sec. 1876. Elections to house of delegates.—An election shall 
be held on the first Tuesday in April, eighteen hundred and eighty-seven, 
and every two years thereafter, and at said election the house of delegates, 
consisting of one member from each ward, shall be chosen by the qualified 
voters of each ward, for the term of two years from the day of election. 
(M. C., sec. 1800.) 


Sec. 1877. Elections to council.—At the election to be held as 
aforesaid, upon the first Tuesday in April, eighteen hundred and eighty- 
seven, six members of the council shall be elected on a general ticket by 
the qualified voters of the city, whose term of office shall continue for four 
years from the day of election, and at the election to be held every two years 
thereafter, members of the council shall, in like manner, be elected to suc- 
ceed those whose terms expire, for the term of four years from the day of 
election. (M. C., sec. 1301.) 


Sec. 13878. Compensation, members of assembly.—Each mem- 
ber of the municipal assembly shall receive for his official services of every 
kind, annually, during his term of office, the sum of three hundred dollars, 
to be paid quarterly, and may be paid his reasonable expenses, authorized 
and incurred in any such service, to be approved by the house of which he 


is a member. Whenever a member of the municipal assembly is absent 


*As to the charter provisions respecting the Municipal Assembly organization, 
election of councilmen, delegates, etc., see Chart., Art. III, secs. 1 to 11 and notes 
appended thereto. See also as to legislative functions of the assembly, and under 
what conditions the courts may interfere, note to Charter, Art. III, sec. 26; and 
that the acts of the assembly must be in harmony with the Laws and Constitu- 
tion: note introductory to charter p. 290. 


844 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 15. 


without leave from his house first obtained therefor, for an entire sitting of 
any meeting, he shall forfeit one dollar of his official compensation, and 
the secretary or clerk of the respective houses (as the case may be), shall 
report to the auditor at the close of each meeting, if said auditor’s office be 
open, otherwise on the day following such meeting, the amount of forfeit- 
ure incurred as aforesaid. (M. C., sec. 1302.) 

Compensation ‘is fixed at. $3009 by,...charter: | Chart, ,Art,) IIft, sec. 14... For 


this reason ordinances increasing the compensation were vetoed a number of 
times. 


Sec. 13879. Special sessions—how called.—Three days’ notice of 
all special sessions of the municipal assembly, convened by proclamation 
of the mayor, shall be given in ‘the newspapers doing the city printing. 
Upon the issuance of such proclamation the secretary of the council and 
the clerk of the house of delegates shall send written notice thereof to the 
members of their respective houses. (M. C., sec. 1303.) 

Special sessions: Called by Mayor see Charter, Art. IV, sec. 18 and note 


thereto, stating what may and may not be done thereat; see also Rev. Code,. 
sec. 1496. . 


Sec. 13880. Offrcers of the council.—The officers of the council 
shall be a president, who shall be elected by the qualified voters of the city 
on the first Tuesday of April, eighteen hundred and eighty-nine, and every 
four years thereafter, a vice-president, a secretary, an assistant secretary, 
and sergeant-at-arms, each of whom shall be appointed by the council. (M. 
C., sec. 1304.) 


Sec. 1381. Officers of the house of delegates.—The officers 
of the house of delegates shall be a speaker, who shall be elected by said 
house, a speaker pro tem., a clerk, an assistant clerk, a sergeant-at-arms. 
and messenger, each of whom shall be appointed by the house of delegates. 
The messenger shall be under the control of the sergeant-at-arms, and shall 
assist him in the duties of his office. (M. C., sec. 1305.) 


Sec. 13882. Removal of salaried officers.-—Either house may, by 
a vote of a majority of the members elect, remove any of its salaried officers, 
and upon such removal the salary of such officer shall then cease. (M. C..,. 
sec. 1306.) 


Sec. 13883. Duties of secretary of council and clerk of 
house. —It shali be the duty of the secretary of the council and clerk of 
the house of delegates, respectively : 


First. To keep a correct, full and explicit record of the proceedings 
of their respective houses. 


Second. To prepare and to furnish the newspapers doing the city 
printing as soon as may be after each meeting of their respective houses an 
abstract of its proceedings, revised by the presiding officer, for publication. 

Third. To file and preserve all papers and documents belonging to the 
respective houses, upon which shall be indorsed a succinct history of all 
proceedings had thereon. 


Fourth. To prepare copies of all resolutions and transmit them to the 
parties therein designated. 


Fifth. To keep in tabular form a synopsis of the proceedings had at 
each meeting, showing the term, number of each petition, resolution and 
bill presented, and by whom introduced, the substance of each petition and 
resolution, and the title of each bill, the date when the same was intro- 


* 
ART. I] OF MUNICIPAL ASSEMBLY. 845 


duced, and of the second and third readings, passage or rejection, enroll- 
ment, approval or veto, and of the registered number of bills; also of the 
reference of all documents, to whom referred and when reported, together 
with such other of the proceedings, if any, as may be deemed necessary to 
give a brief history thereof and furnish an index thereto; all of which shall 
be at the expiration of each term, printed for the use of the members of the 
municipal assembly and city officers. 

Sixth. To perform such other duties appertaining to their respective 
offices as may be required of them or may be necessary to systematize the 
business and promote the efficiency thereof. 


Seventh. The assistant secretary and assistant clerk shall each per- 
form such duties as they shall be directed to perform by the secretary or 
clerk of their respective houses. (M. C., sec. 1307.) 


Sec. 13884. Sergeant-at-arms of assembly—duty of.—It shall 
be the duty of the sergeant-at-arms of the council to attend all meetings of 
the council, to take care of the council chamber and to keep it clean, to 
provide fire and lights and other articles necessary therefor, and perform 
such other duties as the council shall require by rule or otherwise. It shall 
be the duty of the sergeant-at-arms of the house of. delegates to attend all 
meetings of the house, to take care of the hall of the house of delegates and 
keep it clean, to provide fire and lights and other articles necessary there- 
for, and perform such other duties as the house of delegates shall require 
by rule or otherwise. (M. C., sec. 1308.) 


Sec. 1385. Salaries.—The salary of the secretary of the council shall 
be at the rate of twenty-one hundred dollars per annum; the salary of the 
assistant secretary of the council shall be at the rate of fifteen hundred 
dollars per annum; the salary of the clerk of the house of delegates shall be 
at the rate of twenty-one hundred dollars per annum; the salary of the as- 
sistant clerk of the house of delegates shall be at the rate of fifteen hundred 
dollars per annum; the salary of the sergeant-at-arms of the council shall 
be at the rate of twelve hundred dollars per annum; the salary of the ser- 
geant-at-arms of the house of delegates shall be at the rate of twelve hun- 
dred dollars per annum; the salary of the page of the house of delegates 
shall be at the rate of six hundred dollars per annum. Which salaries shall 
be in full compensation for all services of said officers respectively. (Ord. 
22113. amending M. C., sec. 1309.) 


This section was amended by ordinance 23080, approved June 21, 1907, so 
as to make the salaries at present as follows: Secretary of Council, $2,400; As- 
sistant Secretary of Council, $1,800; Clerk House of Delegates, $2,400; Assistant 
Clerk, $1,800; Sergeant at Arms of Council, $1,500; Sergeant at Arms of House, 
$1,500; Page of House, $900 


Sec. 1386. Janitor for council—house — salaries.-—The president 
of the council is hereby authorized to appoint a janitor, whose compensa- 
tion shall be fifty-five dollars per month, and the speaker of the house of 
delegates is also authorized to appoint a janitor, whose compensation shall 
be fifty-five dollars per month. (Ord. 19920, M. C., p. 998.) 


See. 1887. Same — duties— control of janitors. — It shall be 
the duty of said janitors, respectively, to keep the chamber and offices of 
the council and house of delegates in a cleanly condition, and to be under 
the control and supervision, respectively, of the president of the council 
and the speaker of the house of delegates. (Jb., sec. 2.) 


846 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 15. 


Sec. 1888. Rules and regulations, each house to make. 
Each house may determine the rules of its own proceedings, and may adopt 
such rules and regulations for its organization and the appointment of all 
standing committees as it shall deem expedient, and may prescribe the du- 
ties of all its officers and committees respectively, not inconsistent here- 
with; provided, no committee or member thereof shall have the right to as- 
sume or perform any executive duties, either in the execution of ordinances, 
in the settlement of claims, or in any other manner. (M. C., sec. 1810.) 


See Charter, Art. III, sec. 8 and note thereto. 


Sec. 1389. Resignations, to whom addressed.—Resignation by 
members of the municipal assembly shall be addressed to the presiding 
officer of the respective houses. (M. C., sec. 1311.) 


Sec. 1890. Vaecancies—how filled.—If a vacancy occur in either 
house of the municipal assembly the presiding officer of such house shall 
notify the mayor thereof, who shall, by proclamation, order an election to 
fill the same for the unexpired term thereof, if the same exceed three months. 
Said election shail be held upon some day named in such order, not less 
than twenty nor more than thirty days next after the issuing of the procla- 
mation. «(Mo Os sec, 15125) 


See Charter, Art. III, sec. 7 and note thereto. 


See. 13891. Proceedings—copies to be furnished members.— 
For the purpose of affording the members of the municipal assembly better 
facilities for obtaining information on matters pertaining to the pending 
municipal legislation and the proceeding in the municipal assembly. the 
register shall contract with the paper doing the city printing in the #ng- 
lish language for the printing of copies of the proceedings as published in 
such paper in pamphlet form, and shall furnish the same within three days 
after each meeting to each house for distribution amongst its members. 
Such sum as may be necessary to pay the cost of printing said copies shall 
be set apart out of the appropriation for printing and no expense for print- 
ing the second time shall be incurred. (M. C., sec. 13138.) 


See.1392. Subpoenas—when committees empowered to issue. 
—Whenever either house of the municipal assembly of the City of St. Louis 
shall, by resolution, authorize any of its committees to make investigation 
of any question or matter on which such house may lawfully take action 
and shall empower such committee to send for persons and papers, such 
committee shall, thereupon, have authority to issue writs of subpoena, and 
of subpoena duces tecum. Such writs shall be signed by the presiding 
officer, or, in case of his absence or inability to act, by the acting presiding 
officer of the house to which the committee belongs, and shali be attested 
by the secretary or clerk of said house. Every such writ shall be served 
and return thereof made by the sergeant-at-arms to the chairman, of the 
committee in like manner and with like effect as such writs issued from the 
circuit court are served and returned by the sheriff. (M. C., sec. 1314.) 


See Charter, Art. III, sec. 31. As to the power of the house to punish for 
contempt, compel attendance of witnesses and production of books, see briefs of 
counsel in In re Conrades, 185 Mo. 411, and some discussion by the court, al- 
though the case itself was decided on the ground that the resolution appointing 
a committee in that case did not purport to confer power on it to examine the 
books and papers. The court reversed the majority.of the Court of Appeals which 
had held petitioner in contempt for failure to obey the committee, Bland, J., 


ART. I] OF MUNICIPAL ASSEMBLY. 847 


dissenting: 112 Mo. App. 21, with full discussion in majority and dissenting opin- 
ions of the authorities. 

This ordinance provision (sec. 1392) was held to be within the constitutional] 
power of the city to pass, and not an invasion of judicial functions, and that 
either house had a right to punish for contempt any witness refusing to pro- 
duce books material in a pending inquiry properly called for in a subpoena 
duces tecum: In re Dunn, 9 Mo. App. 255. 


Sec. 13893. Writs of attachment— when to issue.—In case 
any person named in any such writ, and who was personally served there- 
with, shall fail to appear before the committee at the time and place named 
in the writ, the committee shall have authority to issue a writ of attach- 
ment against the body of such person, to be signed as writs of subpoena 
are herein required to be signed and to be executed and returned to the 
chairman of the committee by the sergeant-at-arms, in like manner and with 
like effect as such writs of attachments issued by the circuit court are exe- 
cuted and returned by the sheriff. Any person refusing to be arrested or 
resisting the sergeant-at-arms in any case provided for by this chapter, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not less than five dollars nor more than twenty-five dollars for each 
offense. (M. C., sec. 1815.) 


Sec. 13894. _Contumacy—how dealt with.—In case any person 
appearing before a committee in obedience to a writ of subpoena or sub- 
poena duces tecum or attachment, shall refuse or fail to answer any ques- 
tion propounded to him by said committee, or shall fail to produce and 
submit to the examination of the committee any book, record or paper 
which he is required to produce by a subpecena duces tecum, or shall in 
the presence of the committee be guilty of contumacious, threatening or 
disorderly language or conduct, the committee shall immediately report the 
facts to the house to which it belongs. Upon the coming in of such report, 
the presiding officer, if so directed by the house, shall issue a warrant, 
signed by himself, and directed to the sergeant-at-arms, commanding him 
to arrest such witness and have his body before the house at its first meet- 
ing held thereafter to answer for contempt. The sergeant-at-arms shall 
execute such warrant. On the hearing of the matter the house, if it shall 
‘adjudge the witness to be in contempt of its authority, may, for the first 
offense, punish him by a fine of not more than one hundred dollars, or by 
imprisonment in the city jail of not more than ten days, or by both such 
fine and imprisonment. For every repetition of contempt by such witness 
in the same investigation he shall be punished in at least double the amount 
of his first fine and imprisonment, or both. Any person fined under the 
provisions of this chapter shall, on default of payment thereof, be forth- 
with committed to the city jail for the terms of ten days. (M. C., sec. 1816.) 


See next preceding note. 


Sec. 13895. Subpoenas, ete., either house may issue. — In 
case either house shall, without the agency of a committee conduct an in- 
vestigation or desire to take evidence on any question or matter in which 
it may lawfully take action, it shall have authority to issue writs of sub- 
poena, subpoena duces tecum, and attachments and warrants of commit- 
ment, as hereinbefore provided in cases of investigation before committees. 
Every such writ or warrant shall be signed by the acting presiding officer 
and attested by the secretary or clerk and returnable to the acting presid- 
ing officer. All penalties hereinbefore provided for shall apply and obtain 
in cases of investigation made under the provisions of this section. (M. C., 
sec. 1317.) 


848 REVISED CODE OR GENERAL ORDINANCES. {[CHAP. 15. 


Sec. 1396. Requisitions—by whom made.—tThe secretary of the 
council and clerk of the house of delegates shall make requisition, as pre- 
scribed by ordinance, for such articles as are required in the department 
under their charge, shall myke out the pay-rolls of members and officers 
of their respective houses and shall certify in proper form to all vouchers 
drawn on the respective funds. (M. C., sec. 1318.) 


ARTICLE II. 


OF ORDINANCES.* 


Sec. 1397. Mayor—action of, required on_ Dbills.—Every 
bill, immediately after its passage in both houses, shall be presented to the 
mayor for his approval or disapproval. And the mayor shall, within ten 
days after such presentation, consider and return such bill to the house 
in which it originated with his approval indorsed thereon or accompanied 
by his objection. If he approves the same it shall become a law, or in case 
the municipal assembly remain in session for ten days after such presenta- 
tion, and the mayor fails to return such bill as herein required, it shall be- 
come a law as if approved by him; provided, that if the municipal assem- 
bly shall finally adjourn within ten days after any such presentation, the 
mayor shall, within ten days after such adjournment, return such bill to the 
register, with his approval or reasons for disapproval, otherwise it shall 
become a law as if approved. (M.C., sec. 1519.) 


See note to Charter, III, sec. 23. 


Sec 1898. Veto—action of assembly on.—Every bill presented 
to the mayor, but returned without his approval and with his objections 
thereto, shall stand as reconsidered in the house to which it is returned. 
The house shall cause the objections of the mayor to be entered at large 
upon the journal and proceed, at its convenience, to consider the question 
pending which shall be in this form: “Shall the bill pass, the objections of 
the mayor thereto notwithstanding?” ‘The vote upon this question shall be 
taken by yeas and nays, and the names entered upon the journal; and if 
two-thirds of all the members elected to the house vote in the affirmative, the 
presiding officer of the house shall certify that fact on the bill, attesting 
the same by his signature, and send the bill with the objections of the 
mayor to the other house, in which like proceedings shall be had in relation 
thereto, and if the bill receive a like majority of the votes of all the mem- 
bers elected to that house, the vote being taken by yeas and nays, the pre- 
siding officer thereof shall in like manner certify the fact upon the bill. 
This bill, thus certified, shall be deposited in the office of the register, as an 
authentic act, and shall become an ordinance in the same manner, and 
with like effects as if it had received the approval of the mayor. (M. C., 
sec, 1320.) 


See Charter, Art. III, sec. 25. 


Sec. 13899. Ordinances—to be bound and published.—lIt shall 
be the duty of the register, as soon as practicable after the adjournment 
of any stated or special session of the municipal assembly, to cause the 
original ordinances of the municipal assembly, passed at such stated or 
Special session, to be bound in a strong and substantial manner and prop- 
erly labeled, and shall make a written index of the subject of each ordi- 


*See for discussion on the subject of ordinances, notes to the Charter, Art. ITI, 
pages 308-311. 


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ee ee en ee ee 


a 


ART. IL.] OF ORDINANCES. 849 


nance, its number and date of becoming a law, and the register shall pre- 
serve the volume thus bound safely, in his office; and he shall cause one 
hundred and fifty copies of the printed slips of the ordinances to be bound 
in pasteboard, at the expiration of each session, for the use of the members 
of the municipal assembly. (M. C., sec. 1321.) 


Sec. 1400. Ordinance in revision a continuance of ordi- 
nance provisions.—The provisions of the ordinance in revision of the 
general ordinances of the city so far as they are the same as those of exist- 
ing ordinances shall be construed as a continuance of such ordinances, and 
not as new enactments. (M.C., sec. 1322.) 


See note to Charter, Art. III, sec. 28, and authorities there cited. 


Sec. 1401. Effect of repeal.—The repeal of an ordinance or part 
thereof shall not revive any ordinance or any provisions thereof heretofore 
repealed or superseded, nor any office heretofore abolished. (M. C., sec. 
1323.) | 


See Charter, Art. III, sec. 28; also R. S. 1899, sec. 4177. 


Sec. 1402. Private or local—not affected.—All ordinances and 
resolutions of a private, local or temporary nature, in force at the com- 
mencement of the present session (1906-1907) of the municipal assembly, 
not repealed by or repugnant to, some ordinance passed at the present ses- 
sion of the municipal assembly, shall continue in force or expire, according 
to their respective provisions or limitations. (M. C., sec. 1824, amended.) 


Sec. 1403. Repeals do not affect rights or suits.—The 
repeal of any ordinance, part of ordinance or resolution shall not affect 
any act done or right accrued or established in any proceeding, action, suit 
or prosecution or other thing had or commenced previous to the time when 
such repeal shall take effect, but every such act, right or proceeding, shall 
remain and continue as valid and effectual as if the provisions of any such 
ordinance or resolution had remained in force. (M. C., sec. 1525.) 

An ordinance may be repealed conditionally, for instance excepting as to 
such violations thereof and forfeitures thereunder as had been incurred thereto- 
fore: Kansas City vs. White, 69 Mo. 26. Unless there is a provision to the con- 


trary (as in St. Louis), the repeal of an ordinance pending a prosecution there- 
under, releases the defendant: Kansas City vs. Clark, 68 Mo. 588. 


Sec. 1404. Ordinance to be numbered, printed and pre- 
served. — Every ordinance when passed and approved by the mayor, or 
when it shall have become a law, shall be sent to the city register, and by 
him shall be numbered, printed, filed and preserved in his office. (M. C., 
sec. 1326.) 


Same as Charter, Art. III, sec. 28, which see, with note. 


Sec. 1405. Repeal of—not to affect offense or penalty. 
—No offense committed and no fine, forfeiture or penalty incurred, previous 
to the time when the provisions of any ordinance, parts of an ordinance or 
resolution shall be repealed, shall be affected, released or in any way dis- 
charged, by such repeal; but the trial, conviction and punishment of all 
such offenses, and the recovery of such fines, forfeitures and penalties shall 
be had in all respects as if such provision had remained in force. (M. C., 
sec. 1327.) 


See note to Charter, III, sec. 28. 


830 REVISED CODE OR GENERAL ORDINANCES. [CHAP? "15. 


See. 1406. Ordinance—repealed—revised—to control sub- 
sequent proceedings.—No action, prosecution, suit or proceedings, pend- 
ing at any time any ordinance or part of an ordinance shall be repealed, 
shall be affected in any way by such repeal; but any such action, prosecu- 
tion, suit or proceedings shall proceed, in all respects, as if such ordinance 
or part of ordinance, had not been repealed; except that any such action, 
prosecution, suit or proceeding, had or begun after the ordinances revised 
at the present session of the municipal assembly shall take effect, shall be 
conducted in conformity with the provisions of such revised ordinances and 
shall be, in all respects, subject to the provisions thereof so far as they are 
applicable. (M. C., sec. 1328.) 


See sec. 1403, supra. 


Sec. 1407. ‘‘Hereafter’’ and ‘‘Heretofore”’ defined.— Whenever 
the term “heretofore” occurs in any ordinance, it shall be construed to mean 
any time previous to the day when such ordinance shall take effect; and 
whenever the term “hereafter” occurs, it shall be construed to mean any 
time after such ordinance shall take effect. (M. C., sec. 1329.) 


Same as statute: R. S. 1899, sec. 4155. For rules in general on construction 
of ordinances, see note to Charter, introductory to Art. III, sec. 26. 


Sec. 1408. Plural number—how to be construed.—When- 
ever, in any ordinance or resolution words importing the plural number are 
used in describing or referring to any object, matter, parties or persons, 
any single object, matter, party or persons, shall be deemed to be inciuded, 
although distributive words to that effect may not be used. (M. C., sec. 
1330.) 


Same as R. S. 1899, sec. 4157; referred to in 93 Mo. loc. cit. 41. 


Sec. 1409. Number and gender—how construed.—When any 
subject, matter, party or person is described or referred to in any ordi- 
nance, by words importing the single number, or the masculine gender, 
several matters and persons, and females, as well as males, and bodies cor- 
porate as well as individuals, shall be deemed to be included. (M. C., sec. 
1331.) 


Same as R. S. 1899, sec. 4158. See State ex rel. vs. Hostetter, 137 Mo. 636. 


Sec. 1410. Foregoing rules to apply in all cases—except 
when repugnant.—The rules prescribed in the last two sections shall 
apply in all cases, unless it shall be otherwise expressly provided in any 
ordinance, or unless there be something in the subject or context repugnant 
to such construction. (M. C., sec.- 1332.) 


See cases on Statutory Construction cited in R. S. 1899, note to sec. 4160. 


Sec. 1411. Repealing ordinance repealed—does not revive 
former ordinance.—When an ordinance, repealing a former ordinance, 
clause or provision, shall itself be repealed, such repeal shall not be con- 
strued to revive such former ordinance, clause or provision, unless it be 
expressly so provided. (M. C., sec. 1333.) 


See note to Charter, Art. III, sec. 28. 


Sec. 1412. Tenure of office—when repeal of ordinance to 
affect. —The tenure of any office, or accountability of any officer of the 
city, shall not be affected by the repeal of any ordinance, clause or pro- 


\ 


CHAP. 16.] OF MARKETS. 851 


vision, unless it be otherwise expressly provided in the repealing ordinance. 
(M. C., sec. 13834.) 


See note to Charter, Art. III, sec. 28. In State ex rel. vs. Longfellow, 93 
Mo. App. 364, 370, the court says of this section: ‘‘We apprehend that the pur- 
pose of the ordinance was to prevent the repeal of the term of an office created 
by one ordinance by repealing or amending another ordinance, the effect of which 
would be, by implication or by fair construction, to affect the term of the office 
created by the other ordinance, but not mentioned or referred to by the amend- 
atory or repealing ordinance, and not that an ordinance creating an office could 
not be amended so as to eliminate the feature creating the office, without ex- 
pressly declaring that to be the purpose and aim of the amendment, or that an 
ordinance creating an office could not be repealed and a new 6ne enacted in lieu 
of it, leaving out the clause creating the office.” See s. c. 95 Mo. App. 660, 666. 


See. 1418. Bills embodying general ordinance provisions— 
submission to city counselor to approve form.—All bills em- 
bodying general ordinance provisions before final passage by the municipal 
assembly may be submitted to the city counselor or the associate city coun- 
selor, whose duty it shall be to examine the same without unnecessary de- 
lay and recommend such alterations or modifications in the form thereof, if 
any are necessary, as will make all such bills as altered or modified conform 
‘to the proper charter requirements as to the form of ordinances and to the 
general plan of the municipal [Revised] code, provided that nothing herein 
shall be construed as requiring bills not embracing general ordinance pro- 
visions to be so submitted. (M. C., sec. 1335.) 


See also sec. 1369 of Rev. Code. 


See. 1414. Reference to revised code sufficient.—In all offi- 
cial reference to any provision or provisions of the general ordinances, em- 
bodied in “The Revised Code of St. Louis,” after said code shall have been 
adopted legally, as provided in ordinance number twenty-two thousand 
and forty-six, approved June twenty, nineteen hundred and five, it shall be 
sufficient to refer to said provision or provisions by section number or 
numbers, as the reference may require, of “The Revised Code of St. Louis.” 
(Ord. 22594; see M. C., sec. 1336.) 


GENERAL NOTE ON SUBJECT OF ORDINANCES: See note to Charter, 
Art. III, pages 308-311; and see p. 309 as to evidence of ordinance, when same to 
be pleaded and how, ete. 


CHAPTER 16. 


OF MARKETS.* 


TNA GIS Bt I. Of names and boundaries. 

II. Of location of stalls, stands and wagons. 

Ill. Of-leasing and renting of stalls and stands. 
IV. Of market masters—appointment, powers and duties. 
V. Of rules and regulations. 
VI. Of meat shops. 

VII. Of regulations concerning the sale of game. 

VIII. Of regulations concerning the sale of perishable articles. 


*Power of the city to establish market places, and license, regulate, sell, lease, 
abolish or otherwise dispose of the same: Chart., Art. III, sec. 26, clause third. 
See also clause 7. As to duty of Mayor and assembly to establish, locate and 
regulate market places in cities of over 300,000, see R. S. 1899, secs. 6248, 6249. 
Ordinance regulations in pursuance of the charter are, when not unreasonable, 


852 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. 


upheld: St. Louis vs. Weber, 44 Mo. 547; Jackson vs. St. Louis, 25 Mo. 37. But 
the city has no authority to lease out spaces on a street to produce dealers, etc.: 
Schopp vs. St. Louis, 117 Mo. 131, 135, and cases cited. Where realty is conveyed 
to the city to be used for the purpose of a public market, with the provision 
that if the city did not erect such market house within a year, others might 
upon the like condition, but with no further reservations or right of re-entry, 
it was held that after the city had erected and maintained a market house in 
pursuance of the terms of the deed, for a number of years, it could use the same 
for other municipal purposes: Hand vs. St. Louis, 158 Mo. 204. 


Ordinances regulating markets and weights are an exercise of the police 
power: Lamar vs. Weidman, 57 Mo. App. 507. 


ARTICLE I. 


OF NAMES AND BOUNDARIES. 


Sec. 1415. City market.—The lot of ground bounded on the north 
by O’Fallon street, east by Third street, south by Biddle street and west 
by Broadway, with the buildings thereon, shall constitute and be known as 
the city market. (M. C., sec. 1337.) 


As to the rights of the city under the ordinance relating to the Biddle 
Street market and the contract with the Harney heirs, see Harney vs. St. Louis, 
90 Mo. 214. 


Sec. 1416. Union market.—City block number one hundred and 
twenty-one, fronting two hundred and twenty-six feet on the west side of 
Fifth street (Broadway), by a depth westerly of two hundred and seventy 
feet, bounded north by Morgan street, east by Fifth street (Broadway), 
south by Christy avenue, and west by Sixth street, with the buildings 
thereon, is hereby declared to be a public market, to be known and called 
the Union Market. (M. C., sec. 1838.) : ; 


Sec. 1417. Soulard market.—City block number three hundred and 
seventy-four, three hundred by one hundred and fifty feet, and bounded 
north by Carroll street, east by Seventh street, south by an alley, and west 
by Fulton street, and city block number three hundred and eighty-one, three 
hundred by one hundred and fifty feet, bounded north by Carroll street, 
east by Fulton street, south by an alley, and west by Decatur street, with 
the buildings thereon, shall be known as Soulard Market. (M. C., sec. 
1339.) 


Sec. 1418. South market.—The northeast quarter of the block 
bounded on the east by Main street, west by Second street, north by Schir- 
mer street, and south by Franklin street, with the buildings thereon, shall 
be known as South Market. (M. C., sec. 1840.) 


ARTICLE ITI. 


OF LOCATION OF STALLS, STANDS AND WAGONS. * 


Sec. 1419. Wagon stands, ete., comptroller to locate. 
Authority is given the comptroller to locate wagon or market stands in 
such manner that those in the same business shall occupy contiguous 
spaces. (M. C., sec. 1341.) 


*That stands and stalls can not be authorized by ordinance to occupy parts of 
the public street, see Schopp vs. St. Louis, 117 Mo. 131, 135. 


ART. II.] OF LOCATION OF STALLS, STANDS AND WAGONS.* 853 


See. 1420. Market stands—regulations of.—The sidewalks and 
space outside the market-houses of all markets are hereby appropriated 
and set apart for stands for the sale of vegetables or any other articles 
which under this chapter, are permissible to be sold outside the market- 
houses, at wholesale or retail, from tables, vehicles, or in any other man- 
ner. Each stand shall be made to occupy not less than eight nor more 
than twelve feet along the building line, nor more than three and one-half 
feet deep, except at Union Market on the north side of Christy avenue, 
which shall be eight feet in depth; provided, however, that at Union Mar- 
ket, on the Broadway (Fifth street) side, nothing, herein shall be so con- 
strued as to interfere with the right of any occupants or tenants thereof to 
use for the purpose of receiving and shipping their goods, the space of five 
feet inside of the curb line of said Broadway, being the space now existing 
between said curb line and the row of iron posts which support the roofed 
covering over the sidewalk. (M. C., sec. 1342.) 


Sec. 1421. Markets—inner portions, how used.—All the inner 
portion of all market-houses shall be and are hereby set apart for butchers’ 
stalls; but when not needed for this purpose may be used under the direc- 
tion of the comptroller for the sale of fresh, smoked or salted meats, bacon, 
ham, sausages, dressed fowls and all other kinds of provisions or goods, 
except fish. (M. C., sec. 1348.) 


See St. Louis vs. Freivogel, 95 Mo. 533-539-540, as to this section. 


Sec. 1422. Market wagons—spaces between.—All wagons attend- 
ing any market shall, in taking their position at any curbstone, be separated 
at least three feet, in order to allow pedestrians to cross from one side of 
the street to the other. (M. C., sec. 1344.) 


Sec. 1423. Wood stands, etc.—where to be located.—Eighth 
street, from Cass avenue to Mullanphy street, and Mullanphy street, from 
Eighth street to West Sixteenth street, and all that part of Broadway from 
Cass avenue to Howard street; also that portion of Cass avenue from 
Broadway to Ninth street; also the southeast quarter of the block in South 
St. Louis in which the South Market is located, are hereby set aside for 
the sale of coal, wood, hay, corn, oats and straw by the load, and no other 
place except those above mentioned shall be used as a stand for the sale of 
such articles. (M. C., sec. 1845.) 


Sec. 1424. Farmers’ wagons—space reserved for.—All that por- 
tion of Third street, on either side thereof, which is between Christy ave- 
nue and its intersection with Broadway, and all that portion of Broadway 
from its intersection with Third street north to Howard street, and all that 
portion of O’Fallon street from Collins street to Sixth street, is hereby set 
apart for farmers’ and other wagons bringing produce to market for sale; 
provided, that a space of ten feet shall be kept vacant opposite each store or 
building, alternately, in such manner that there shall be a continuous space 
of twenty feet vacant opposite each of two of such stores or buildings for 
the use of vehicles conveying goods, wares or merchandise to and from the 
same, and it shall be the duty of the market master of the city market to 
strictly enforce the above previsions, and when necessary to summon a suf- 
ficient number of police to accomplish that object; provided, further, that 
farmers’ wagons shall occupy the above space only under permission of the 
market master, and all persons owning or controlling space on Third street 
and on Broadway between the limits specified above, are forbidden to grant 
such right or to collect any toll therefor. (M. C., sec. 1846.) 


854 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


ARTICLE III. 
OF LEASING AND RENTING OF STALLS AND STANDS. 


Sec. 1425. Market stalls, ete., not to be occupied with 
out license—penalty.—No person without a lease or other proper 
permit from the comptroller or market master, or whose lease or legal per- 
mit shall have been forfeited, shall, for any purpose, occupy any stall or 
stand or wagon stand, in any market or market place. No person shall 
make or accept any transfer of any stand or stall or wagon stand, or oc- 
cupy the same by virtue of such transfer, without the written consent of 
the comptroller, and any person who shall violate any of the provisions of 
this section, shall be deemed guilty of a misdemeanor, and on conviction 
thereof, shall be fined not less than five nor more than fifty dollars for each 
offense. (M. C., sec. 1347.) 


See. 1426. Market stalls, ete., letting time of.—It shall be 
the duty of the comptroller on the first Monday of January and July of 
each year to lease all the stalls inside the several city markets for the term 
of six months, and on the first Monday of May and November of each year 
he shall lease all other stands and stalls in said market and market places 
for a like term of time; provided, that before such leasing shall take place 
the comptroller shall locate, establish the terms of renting, and grade the 
prices of all such stands and stalls according to the different purposes on 
account of which they are occupied. (M. C., sec. 1348.) 


Sec. 1427. Market stalls, ete., conditions of letting.—Such 
leasing and renting, of which notice of at least ten days of the time and 
place thereof shall be published in the papers employed by the city, shall 
be by auction, except that occupiers of stands and stalls and wagon stands 
who are not in arrears for rent shall be entitled to re-rent their respective 
stands and stalls and wagon stands, at the graded price, on complying with 
all other conditions and provisions of ordinances relating to such stall or 
stand and wagon stands; provided, that no person shall be allowed to rent 
more than:two stands or stalls or wagon stands, in any market, nor re-lease 
or rent to others any portion of any stand or stands, wagon stand or stands, 
stall or stalls, without the approval of the comptroller, nor shall any occu- 
pier be entitled to the right of renting for a longer time than five years, nor 
shall stands whereon to sell meat by the quarter be rented for a longer 
time than four months from the first Monday of November in each year. 
(M. C., sec. 1849.) 


Sec. 1428. Market stalls, ete.—rent of, how paid.—Every 
person bidding off or taking at its valuation any stall or stand, shall at 
the time of so doing pay to the comptroller the full amount of the semi- 
annual rent at which he has taken said stall or stand, and as soon as prac- 
ticable shall execute the lease hereinafter provided for. If he fail to exe- 
cute said lease when required to, or fails to pay all rents when due, or 
otherwise violates any of the provisions of this article, or any of the rules 
and regulations made in pursuance thereof in yelation to stands: or stalls, - 
he shall forthwith forfeit such stand or stall, and all that has been paid 
thereon, without any other process of law. Renters of wagon stands shall 


ART. 1LV.<) OF MARKET MASTERS. APPOINTMENT, POWERS AND DUTIES. 855 


in all cases, be required to pay their rent semi-annually in advance. (M. C., 
sec. 1350.) 


Sec. 1429. Market stalls, ete.--when vacant, how rented. 
Vacant stands or stalls and wagon stands not rented as required in the 
foregoing sections, or which, by forfeiture to the city or any reason become 
vacant, may be rented for the best attainable price and term of time; pro- 
vided, that stalls shall not be rented for less than one month; but no fees 
shall be exacted from farmers or gardeners for selling their produce in the 
market places or public streets from their vehicles. (M. C., sec. 1351.) 


Sec. 14380. Leases—to what condition subject.—The renting 
of all stands and stalls and wagon stands, shall be subjeet to the condi- 
tions that the lease therefor may be cancelled by the city at any time after 
thirty days’ notice to the lessee, and returning to him the proportionate 
amount of rent paid, according to the unexpired time of the lease. (M. C., 
sec. 1852.) 


See. 1431. Market stalls, ete.—lease with seewrity when re- 
quired.—Every lessee of a stall or stand to be used for a longer period 
than three months, shall execute a lease therefor with two good securities, 
to be approved by the comptroller, for the payment of all rents semi-an- 
nually in advance, and the performance of all other obligations, under this 
article and the lease; and non-payment of any rent when due, or any other 
failure to comply with the conditions of the lease or this article by any 
lessee, shall work a forfeiture of said lease and the stall or stand. (M. C,, 
sec. 1353.) 


Sec. 1482. Market stands—contract of sale of—cancelled 
when. —The comptroller is hereby authorized for good and sufficient cause 
to cancel any contract made for stalls or stands, or wagon stands, and to 
relet the same, as by ordinance provided. (M. C., sec. 1354.) 


See. 1433. Market stands—vacated—how.—The comptroller 
with the approval of the mayor, is hereby authorized to vacate and abolish 
any stand or stall and wagon stand in any city market as in his opinion 
the interests of the public or market may seem to demand; provided, that 
said vacating or abolishing shall always be done at the expiration of the 
lease or term for which the rent has been paid, and after at least thirty days’ 
notice to the occupant thereof. (M. C., sec. 1355.) 


ARTICLE IV. 
OF MARKET MASTERS—APPOINTMENT, POWERS AND DUTIES. 


Sec. 1434. Market masters—appointment—salaries—subordi- 
nates. —The several market masters of the markets herein named shall 
be appointed by the mayor and confirmed by the council, and hold their 
respective positions, as provided in section two, article four of the charter, 
and until their successors are duly appointed and qualified, and shall give 
bond to the city in the sum of one thousand dollars each, with two or more 
good and sufficient securities, owners of unincumbered real estate in the 
city, to be approved by the mayor and council, and shall receive as full 
compensation for their services, viz.: the market master of Union Market, 
one thousand dollars per annum; the market master of City Market, nine 


896 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. 


huneéred dollars per annum; the market master of Soulard Market, seven 
hundred twenty dollars per annum; the market master of South Market, 
seven hundred twenty dollars per annum; the number and salaries of the 
several market Sweepers in said markets, who shall be appointed by the 
respective market masters, and confirmed by the comptroller, shall be as 
follows, viz.: Union Market, four sweepers at six hundred dollars each; 
City Market, two sweepers, five hundred forty dollars each; and for a 
period of not to exceed four months, commencing November first each year, 
the market master at City Market is authorized to appoint two additional 
assistants to act as weighers, to be approved by the comptroller, at a salary 
of not to exceed fifty dollars per month, each; Soulard Market, one sweeper 
at five hundred dollars; the South Market, one sweeper at five hundred 
doljars; to be in full compensation for their services per annum, all payable 
monthly. The market master of the Union Market is hereby authorized to 
designate one of the sweepers of said market to act as deputy market 
master of said market in his absence, and for whose official acts the market 
master shall be responsible. (M. C., sec. 1356.) 


Sec. 1435. Duties of the market master.— it shall be the duty of 
each market master in the market for which he is appointed: First, to 
exercise a general supervision over the market-house and market place, and 
to enforce the regulations established for the government thereof; second, to 
assign places to wagons or persons attending the market and enforce order 
among them; third, to exercise a general care and custody of the market- 
house and all appurtenances thereof; fourth, to examine the quality of all 
articles offered for sale in the market, and to seize all blown, unsound, dis- 
eased, impure, or unwholesome articles exposed for sale; fifth, to examine 
weights and measures of all articles exposed for sale, and to seize all which 
are of less weight than represented by the seller according to the provisions 
of this article; sixth, to enforce order in the market place, and decide all 
disputes that may arise between buyer and seller touching the weight or 
measure of- any article; seventh, to attend at the market every day during 
market hours; eighth, to receive from the comptroller printed tickets for 
rent of stands and stalls and wagon stands for short periods, and sign and 
deliver same to renters of stalls and stands, and to collect money therefor, 
ninth, to pay into the city treasury all moneys received by him on account 
of the city, at least once in each week. (M. C., sec. 1357.) 


Sec. 1436. Powers of market masters.—To secure an efficient 
performance of his duties, each market master is invested with full power 
and authority to summarily enforce all ordinances, rules and regulations 
in all matters connected with the market for which he is appointed, and 
all persons are required to obey his rules, regulations and directions in all 
such matters. (M. ©., sec. 1858.) 


Sec. 1437. Market masters to superintend cleaning, ete. 
The market masters shall superintend the cleaning of the market and mar- 
ket places for which they are respectively appointed, and cause the streets, 
footways and market places to be sprinkled with water whenever it shall 
be necessary to prevent and lay the dust, and for that purpose may use the 
water from the waterworks, and use the hose provided by the city. (M. C., 
sec. 1359.) 


Sec. 1438. Market-houses—cleanliness of to be enforced. 
—The market masters shall cause the market-house and market places to 
which they shall be respectively appointed to be thoroughly cleaned, and 


Wai LV OF MARKET MASTERS, APPOINTMENT, POWERS AND DUTIES. 857 


all the filth to be removed therefrom by the scavengers employed for that 
purpose by the city, and keep the footways and steps in the winter season 
clear of ice and snow. (M.C., sec. 1360.) 


See. 1439. Market masters, seales to be kept by— 
charge—no one else to w alty.—Kach market master shall 
keep as many scales and other implements for weighing, duly stamped and 
certified by the inspector of weights and measures, aS may be necessary to 
conveniently do all the weighing in said market, and shall, whenever re- 
quested, weigh all articles belonging to marketers and others intended for 
sale, and shall charge five cents for each separate and single article, to be 
paid bv the person or party requesting the same to be weighed, which fees 
shall be paid weekly into the city treasury. Any person who shall weigh an 
article of marketing within the market places, except the market master, 
or his legal deputy, and charge therefor, shall be deemed guilty of a mis- 
demeanor, and on conviction thereof, be fined not less than twenty nor more 
than one hundred dollars for each offense. (M. C., sec. 1861.) 


Sec. 1440. Market masters—seizures by_s sale of berries. 
It shall be the duty of the market master to seize all articles offered for sale 
in any market which are prohibited by ordinance, or which are exposed for 
sale without the venders having proper authority therefor under the ordi- 
nance; or where such article or thing is short in weight or measure ac- 
cording to the representation of the venders; all which articles or things 
so seized shall be forfeited to the city and sold at public outcry by the 
market master, and the proceeds paid into the city treasury; provided, that 
nothing in this article shall be so construed as to prevent the sale of every 
description or kind of berries and tender fruits by the package, and said 
package shall not be required to be gauged or stamped by the inspector of 
weights and measures, nor forfeited for ‘short weight or measure, but shall 
be weighed or measured at the option of the buyer. (M. C., sec. 1362.) 


Sec. 1441. Market masters may remove certain persons— 
special policeman.—It is hereby made the duty of each market master 
to order or remove from the market-house or market place, in a summary 
manner, any person who is guilty of any vioient, turbulent, or disorderly 
conduct, or who shall in any way interfere with him or disturb the mar- 
keters, or buyers; or who shall violate or refuse to obey any ordinance, rules 
or regulations for the government or management of the markets and mar- 
ket places; or who shall expose as if for sale, sell or attempt to sell anything 
in the market, or market places, that is prohibited by ordinance; or who 
shall sell or offer for sale, or expose as if intended for sale, anything in the 
market or market place without first having obtained a license or other 
proper authority so to do, according to the spirit and intent of this chap- 
ter; and for the purpose of enabling the market masters of the several mar- 
kets more effectually to carry out the provisions of this chapter, it shall 
be the duty of each respectively to apply for and obtain an appointment 
from the police commissioners as special policemen. (M. C., sec. 1863.) 


Sec. 1442. Offenders to be arrested.— It is hereby made the special 
duty of all market masters and the police to arrest all persons found in the 
act of violating any of the provisions of this chapter, and bring them before 
the police justice of the district in which the market may be located, and 
upon information being filed by any other person that he has good reasons 
to believe and does believe that any person has been guilty of violating 
any of the provisions of this chapter, the police justice of the district in 


858 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. 


which the market may be located shall issue his warrant to the marshal 
directing him to bring him the aforesaid offender, who shall be dealt with 
as in other cases of breach of city ordinance. (M. C., sec. 1364.) 


Sec. 1443. Penalty.—Any person who shall violate any of the pro- 
visions of this chapter, or who shall fail to comply with any of the rules or 
regulations prescribed herein or established by virtue hereof, or who shall 
fail to obey any proper order of the market masters, respectively, in rela- 
tion to the several matters under their charge or supervision, shall be — 
deemed guilty of a misdemeanor, and upon conviction thereof, when no 
other penalty is prescribed in this chapter, shall be fined not less than five 
dollars nor more than one hundred dollars. (M. C., sec. 1865.) 


ARTICLE V. 


OF RULES AND REGULATIONS. 


Sec. 1444. Hours of. —All the markets aforesaid shall be open for 
the sale of all meats, vegetables, victuals, provisions and all other articles 
allowed to be sold therein, from four until eleven o’clock a. m., and from 
two until ten o’clock p. m., every day during the year (Sundays excepted) ; 
provided, that it shall not be lawful for any market to be opened, or any- 
thing therein sold or exposed for sale on Sundays. (M. C., sec. 1866.) 


See. 1445. Lights to be kept.—The market masters of all the mar- 
kets are required to keep at least two lights burning in said markets re- 
spectively the whole of each night during the year. (M. C., sec. 1367.) 


Sec. 1446. Time of closing market-houses—how announced. 
Kach market master shall be provided with a bell, and shall announce by 
the ringing thereof the closing of the market-house at least ten minutes 
before the time for closing. (M. C., sec. 1368.) 


See. 1447. Lessees of stalls—duties of, on closing market. 
Every lessee or occupier of a stall or stand in either market shall, within 
thirty minutes after the ringing of the bell as aforesaid, cause his vegeta- 
bles, provisions, and vehicle if he has one, or other things to be removed 
from the market place, and his stall or stand to be thoroughly cleaned, and 
all animal or vegetable offal and rubbish to be removed from the market 
place, and each butcher shall cause his tables, meat block, and other fix- 
tures to be thoroughly scraped and cleaned. (M. C., sec. 1869.) 


Sec. 1448. Hydrant to be provided—sales must be during 
hours. —Each market shall be supplied with a hydrant for the use of 
persons attending the market, and no provisions or other thing shall be 
sold in the market except during market hours. (M. C., sec. 1370.) 


Sec. 1449. Regulations concerning meat sales.—No person ex- 
cept the lessee of a stand or stall shall sell or offer for sale in the market 
any fresh or salted meat of any kind, and no person being the lessee of a 
stall or stand shall sell the same by the quarter or in less quantities than 
one-quarter, except at the stall of which he is lessee, and such sales shall 
otherwise be made in conformity with the regulations prescribed by this 
chapter. (M. C., sec. 1371.) 


Adee Vy OF RULES AND REGULATIONS OF MARKETS, ETC. 859 


See. 1450. Stands—restrictions in use of.—Any stand or stall 
outside of any market-house may be used or employed for the sale of poul- 
try, game, vegetables, fruits, coffee, or other articles, except fresh meat. 
(M. C., sec. 1872.) 


See St. Louis vs. Freivogel, 95 Mo. 538, 1. c. 539. 


See. 1451. Sales—outside of market.—Nothing in this chapter 
shall be construed to prevent any farmer or producer from selling his meat 
by the quarter, or any person who follows the business of packing beef and 
pork, from selling bacon, shoulders, hams and sides of their own curing, 
or spare-ribs or sausage meat in the winter months, or any person from 
selling wild game not otherwise prohibited; provided, that such sales are 
made outside the market and market places. (M. C., sec. 1373.) 


Sec. 1452. Sale of diseased animals forbidden.—No person 
shall sell or expose for sale in the market or any other place within the cor- 
porate limits of the city any sick or diseased live animals for the purpose 
and with the design that the same shall be slaughtered and used for food, 
knowing or having reason to believe the same to be sick or diseased. (M. C., 
sec. 1374.) 


Sec. 1453. Sale of unsound meat ete. prohibited—penalty. 
—No person shall expose or offer for sale in market or any other place 
within the corporate limits of the city the flesh of any animal which was 
sick, overheated or run down by dogs or otherwise at or before the time 
the same was butchered or slain, or which died a natural death, or was 
killed by accident, casualty or otherwise than the usual manner of slaying 
animals for food, nor shall any person sell, expose or offer for sale in this 
city any putrid, blown, plated, raised, stuffed or unsound meat, flesh, eggs, 
poultry or other articles of food, nor shall any person in this city sell, ex- 
pose or offer for sale the flesh of any bull, boar, ram, dog, cat or other ani- 
mal not commonly deemed wholesome for food. The market master shall 
seize any article in this section mentioned which he may find in the market 
and cause the same to be condemned, and removed, and if the person offer- 
ing the same be lessee of the stall or stand his lease shall be forfeited and 
he shall never be permitted to lease or occupy a stall or stand thereafter 
in any market, and such person so offending shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be fined not less than twenty- 
five nor more than one hundred dollars. (M. C., sec. 1375.) 


Sec. 1454. Market place—animals not to be driven into 
—offal to be kept off.—No person shall ride, lead, drive or place any 
horse or other animal into or upon any market, market place, or footway 
pertaining thereto, or kill or slaughter any animal in market, or throw or 
deposit any animal or vegetable offal, filth, meat, dead animal or fowl, fish 
or any nauseous substance, in anv market-house or market place, or streets 
or street or sidewalks adjoining said market or market places. (M. C. see 1377.) 


As to Keeping offal, garbage, filth and dead animals off streets and side- 
walks, see R.- C., secs. 685, 686, 1198. 


See. 1455. Market place—vehicles to be removed from, 
when.—Whenever any person shall have sold or disposed of the commodi- 
ties brought by him to market for sale, he may be required to remove his 
vehicle from the market place forthwith. (M. C., sec. 1377.) 


See. 1456. Refreshments, where sold.—Coffee and other refresh- 
ments may be served at such stands, in any of the city markets, as may 


860 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. 


be designated by the market master and approved by the comptroller, sub- 
ject to the provisions of this article, but no person shall, in the market, 
sell or give away any wines or spirituous or fermented liquors. (M. C., 
sec. 1378.) 


See. 1457. Stalls—how painted by lessees.—Each butcher rent: 
ing stall in any market shall, as a condition of such leasing, be bound semi- 
annually to paint his stall such a color and at such a time as he shall be- 
required by the comptroller; provided, that all stalls in each market shail 
be of a uniform color. (M. C., sec. 1379.) 


Sec. 1458. Fires in without permission, prohibited.—No 
person shall, during market hours, kindle or burn, in or about any market, 
any fuel without permission from the market master, or in any other place 
than that designated by him, except that charcoal, under the direction of 
the market master, may be burned in movable earthen or metallic vessels, 
so constructed and placed as effectually to prevent danger to any wood 
work in the vicinity or inconvenience to persons passing. (M. C., sec. 1380.) 


Sec. 1459. Lounging forbidden.—No person not having lawful 
business in market shall sit, lounge, stand, walk or lie in or about the 
market place. (M. C., sec. 1381.) 


Sec. 1460. Market place—intoxicated persons forbidden 
access to.—No person in a state of intoxication shall go upon a market 
place. (M. C., sec. 1382.) 


See. 1461. Market place—dogs, ete., to be excluded from. 
No person shall bring, or suffer to come with him, into or upon any market 
place, during market hours any dog or unruly or dangerous animal. (M. C., 
sec. 1383.) - 


Sec. 1462. Animals—full grown—where to be sold.—No per- 
son shali sell, expose or offer for sale, in market, any horse, cow, ox, mule, 
jack or hog, or other full-grown animal, except at such places as the market 
master may direct. (M. C., sec. 1384.) 


Sec. 1463. Butter, ete.—by what weight sold.—Butter, lard and 
honey sold in market shall be sold by weight, avoirdupois. (M. C., sec. 
1385. ) 


Sec. 1464. Sale—exposure for, what to constitute,—When- 
ever any article shall be exhibited in market, as if the same were intended 
for sale, whether sold or not, or directly offered for sale or not, such exhi- 
bition shall be held to be an exposure of the same for sale, and an offer to 
sell within the meaning of this chapter. (M. C., sec. 1386.) 


Sec. 1465. Market stall—grounds of forfeiture of lease of. 
If the lessee of any stand or stall fail for six consecutive days to expose for 
sale, at his stand or stall, articles usually sold thereat, unless such failure 
be proven to the satisfaction of the comptroller to have been caused by sick- 
ness, or other unavoidable circumstances, his lease shall be forfeited. (M. 
C., sec. 1387.) 


Sec. 1466 Market stall—further erounds of forfeiture of 
lease of.—If any lessee or renter of any stall or stand, or wagon stand, 


ART. V.] OF RULES AND REGULATIONS OF MARKETS. 861 


be twice convicted of violating any ordinance in relation to markets, his 
lease shall be adjudged to be forfeited. (M. C., sec. 1388.) 


Sec. 1467. Article—application of provisions of.—The provis- 
ions of this article are declared to apply to all markets in this city, except 
where the same are confined in terms or by context to a particular market; 
and the market masters of private markets are invested with the same 
power, and required to perform the same duties as the market masters of 
the markets owned by the city are invested with and required to perform. 
(M. C., sec. 1389.) 


Sec. 1468. Sales—further regulations on.—No grocer, huckster 
or other person shall sell or offer for sale in any market or market place any 
produce, vegetables or fruits, or other articles purchased within the city 
limits during market hours, and all farmers, gardeners and producers are 
hereby authorized to sell it during market hours in any market subject to 
the provisions of this chapter. (M. C., sec. 1390.) 


See. 1469. Structures —as independent rooms forbidden, — 
The comptroller shall not allowsany shanty or structure in the nature of 
an independent room to be built in any market place. (M. C., sec. 1391.) 


Sec. 1470. Comptroller—general supervision to be exercised 
by—what structures prohibited.—All proceedings for the collection 
and return of market rents, for the enforcement of ordinances and other 
proper regulations for the control and management of the markets and 
business therein, for the appointment, location and leasing of all stalls and 
stands, and for the construction of all tables, fixtures, repairs, changes and 
improvements, and the employment of all assistants therein shall be under 
the supervision of the comptroller; but no shanties, inclosures, stands, fix- 
tures or improvements shall be erected or permitted in the market or market 
places that are shabby, unsightly or inconsistent with the general character 
of said markets, respectively, or their improvements or surroundings. (M. 
€., sec. 1892.) 


See. 1471. Comptroller—further regulations by, authorized 
—duties of market-master.—In addition to the rules and regula- 
tions prescribed by this chapter, authority is hereby given to the comptrol- 
ler, and it is made his duty, to make all other needful rules and regulations 
touching the designation, location and arrangement of all stalls and stands, 
and for the arrangement, stationing and removal of all wagons, carts and 
other vehicles used or brought within the limits of: the respective market 
places, and for the control and management of the business in said market 
not inconsistent with this chapter; and it shall be the duty of the several 
market masters to carry out and enforce all such rules and regulations pro- 
vided for the markets as herein prescribed. (M. C., sec. 1898.) 


See. 1472. Regulations—publication of, to be made.—Imme- 
diately after the making of any rules and regulations for either of the 
markets it shall be the duty of the register to cause such rules and regula- 
tions to be printed in hand-bill form in sufficient numbers for posting, and 
deliver the same to the market masters, respectively, to be posted, and they 
shall post up the same in the most public and conspicuous places in and 
about the several markets and market places, and each market master shall 
keep posted up in a conspicuous place in his office a copy of all the rules 
and regulations made in pursuance thereof for each and all the market 
houses and market places, respectively, within the city. (M. C., sec. 1394.) 


862 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 16. 


ARTICLE VI. 


OF MEAT SHOPS.* 


Sec. 1473. License to conduct necessary.—No person, persons or 
copartnership of persons shall open or keep a meat shop in the city without 
first having obtained a license therefor, and any person, persons or copart- 
nership of persons doing business as a meat shop keeper or keepers shall 
pay an annual license of fifty dollars in advance; and said annual license 
shall be payable on the first day of July of each year; and each license 
issued shall date from the first day of July of each year; which license shall 
authorize and empower such person, persons or copartnership of persons 
to sell in their shops all kinds of fresh and salt meat, fresh and salt fish, 
sausage and sausage meat whether made by them or not, and also all kinds 
of fowl and game in their proper seasons that is not prohibited being sold 
or offered for sale by any ordinance of this city or law of this state, all 
kinds of vegetables or fruits, in large or small quantities, for one year from 
the first day of July, preceding its issuance, and it is hereby provided that 
the owners of meat shops who have paid their license may be permitted to 
deliver meat in a wagon or otherwise, without taking out an additional 
license therefor. If any person, persons or copartnership of persons shall 
exhibit for sale or offer for sale any of the above enumerated articles (vege- 
tables and fruit excepted) in any market, stall, place or shop in this city, 
whether sold or not, such person, persons or copartnership of persons shall 
be considered to be meat shop keepers, as herein defined, and shall be ad- 
judged to be such in the full meaning of this section; and, provided, further, 
that nothing in this section shall be construed as to include grocers who 
sell ham, shoulders, dried beef, bacon, salt fish and smoked sausage. (M. 
C., sec. 1395.) 


Under its charter provisions the City of St. Louis has authority to im- 
pose the license tax: St. Louis vs. Freivogel, 95 Mo. 533 and cases cited there. 
Such a license held not invalid as containing discriminations in favor of grocers 
and because classifying butchers as meat-shop keepers: St. Louis vs. Freivogel, 
supra: but the license must be substantially uniform in its application and oper- 
ation, throughout the city, and not operate unequally in certain sections of the 
city: St. Louis vs. Spiegel, 90 Mo. 587 (reversing 16 Mo. App. 210); St. Louis vs. 
Spiegel, 75 Mo. App. 145 (reversing 8 Mo. App. 478). 


While a butcher is one who slaughters and dresses for market, yet an ordi- 
nance may enlarge the use of the word to include the keeper of a meat-market: 
Rockville vs. Merchant, 60 Mo. App. 365. An occupation license for revenue pur- 
poses (meat-shop license in this case), issued to a firm, is a protection to one of 
its members who continues to prosecute the business at the old stand upon the 
retirement of his co-partner from the business, where there is nothing in the 
ordinance itself to indicate a different purpose: St. Charles vs. Hackman, 133 
Mo. 634, 644. 


Sec. 1474. License to contain what—register—transfer. 
Kvery license shall contain the name of the person in whose favor it is is- 
sued, and shall designate the location of the meat shop. The license col- 
lector shall keep a register of all such licenses, and no license shall be 


*Charter authority for city to establish and regulate: Art. III, sec. 26, clause 
third; see next note. Regulation of meat shops by the city is within its powers, 
if such regulations are not unreasonable: St. Louis vs. Weber, 44 Mo. 547. See 
also St. Louis vs. Delassus, (sup. ct. July 2, 1907, not at this writing reported). 


Alta. Vit.) OF REGULATIONS CONCERNING THE SALE OF GAME. 863 


transferred, nor the location of the meat shop changed, without the written 
consent of the license collector, and the approval of the comptroller in- 
dorsed on said license; provided, that no such transfer shall be made ex- 
cept for the bona fide successor in business of the holder of such license 
desired to be transferred. The license shall be and remain during its con- 
tinuance posted in some conspicuous place in the meat shop. (M. C., sec. 
1396.) 


Sec. 1475. Meat shop—hours on Sunday.—Any meat shop or 
market may be kept open on Sunday morning until nine o’clock a. m., for 
the sale of the articles described in section 1473. (M. C., sec. 1397.) 

See case cited in note to next section. 


Sec. 1476. License—penalty for keeping shop without.—Any 
keeper of a meat shop who shall fail, first to obtain any license therefor, or 
shall fail to keep said license and all transfers thereof posted up in his 
shop, or shall open said shop or sell therein, any article on a Sunday after 
nine o’clock a. m., shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, be fined not less than twenty-five nor more than one hun- 
dred dollars for each and every offense. (M. C., sec. 1398.) 

This section was attacked as unconstitutional on several grounds, but was 


sustained as valid by the Supreme Court in the recent case of St. Louis vs. 
Delassus (July 2, 1907, not at this writing reported). 


See. 1477. Shops to be kept clean.—TEvery person who is duly 
licensed as herein required shall keep his meat shop or stand properly 
cleaned and free from all foul smells and nuisances of every description, 
and on failure thereof shall be deemed guilty of a misdemeanor, and on 
conviction thereof be fined not less than five nor more than fifty dollars for 


each offense. (M. C., sec. 1399.) 


See. 1478. Shops under control of board of health.—All meat 
shops shall be under the control of the board of health, who shall have 
power, by a majority of the board, to declare any one of the same a nuisance 
for a good and sufficient cause, which finding when recorded in their pro- 
ceedings and a copy thereof served upon the party licensed, shall operate 
as a canceling of his license and a prohibition of all sales thereunder. (M. 
C., sec. 1400.) 


Sec. 1479. Principal of meat shop.—Every person, whether prin- 
cipal or agent, who transacts the business of a meat shop shall be deemed 
a principal.as far as the penalties of this article and his liabilities thereto 
are concerned. (M. C., sec. 1401.) 


Sec. 1480. Article excludes sausage-makers.—Nothing in this 
article shall be construed as applying to persons manufacturing sausages, 
who do not sell or dispose of any other kind of fresh meat; and provided, 
said persons shall have paid a manufacturer’s license. (M .C., sec. 1402.) 


ARTICLE VII. 


OF REGULATIONS CONCERNING THE SALE OF GAME. 


See. 1481. Game—when not to be exposed or sold.—No per- 
son shall sell or expose for sale in any market, street, lane, alley, booth, 
cellar, store, or in any other place in the city, any pheasant, quail or part- 
ridge, between the first day of January and the first day of October; any 
woodcock between the tenth day of January and the first day of July; any 
prairie chicken, grouse or heath hen, or wild turkey, between the first day 


864 REVISED CODE OR GENERAL ORDINANCES. [CHAP.’ 16. 


of February and the fifteenth day of August; any wild buck, doe or fawn, 
or fresh venison, between the first day of February and the first day of 
October. (M. C., sec. 1408.) 


The subject of the sale of game is largely affected by the state game 
laws which cover the subject: Laws 1905, pp. 159-171, amended, and act in lieu 
thereof passed Session Laws 1907, pp. 277-285. 


Sec. 1482. Penalty.—Whosoever shall offend against any of the 
provisions of this article, by selling or offering to sell, or by exposing for 
sale or having in his custody any of the birds or game therein prohibited, or 
any fresh venison, within the time prohibited and within the city, shall for 
each of the birds, and for each head of game, and each piece of fresh vent- 
son so sold, or exposed for sale, or in his possession, on conviction thereof, 
forfeit and pay a fine of not more than ten dollars, to be recovered as other 
penalties for violation of city ordinance, one-half of which is to be paid to 
the informer and the other half into the city treasury, which said fine and 
costs shall be paid forthwith, and upon a failure to pay the same, the mar- 
shal shall commit the offender to the city workhouse as in similar cases. 
(M. C., sec. 1404.) 


ARTICLE VIII. 
OF REGULATIONS CONCERNING THE SALE OF PERISHABLE ARTICLES. 


Sec. 1483. What perishable vegetables and fruit to be sold 
only in original packages at depots.—Receivers of potatoes, onions, 
cabbage, apples, pears, oranges, lemons, grapes, watermelons, bananas and 
other perishable goods are prohibited from selling the same at railroad de- 
pots, upon railroad tracks, and public landings, in any but original pack- 
ages and they are prohibited from selling the same to any person or per- 
sons except to licensed dealers in said commodities. (M. C., sec. 1405.) 


Sec. 1484. Same—to be sold at regular place of business. 
It shall be unlawful for those who purchase said commodities at railroad 
depots, railroad tracks and public landings to resell any such goods at said 
depots, on said tracks or said landings, except in original packages, but 
they must remove same and sell them only at a regular place of business. 
(M. C., sec. 1406.) 


See. 1485. Sale at place received required. - It shall be unlawful 
for any person or persons to sell such commodities at any other depot, track 
or landing than at the depot or landing where same was originally re- 
ceived. (M.°C., sec. 1407.) 

Sec. 1486. Penalty—exceptions.—Any person violating the pre 
visions of this article shall, upon conviction, be fined not less than ten dol- 
lars, nor more than fifty dollars. And in default of payment suffer im- 
prisonment in the jail prison for not less than five nor more than thirty 
days; provided, that nothing herein contained shall apply to itinerant 
venders who peddle fruit from baskets arotind and within railroad passen- 
ger depots and steamboat landings. (M. C., sec. 1408.) 


CHAP. 17.] OF MAYOR. 865 


UCBARLERGL?: 


OF MAYOR. 


Sec. 1487. Salaiy.—The mayor shall receive a salary of five thousand 
dollars per year, payable monthly. (M. C., sec. 1409.) 


No deduction from the mayor’s salary can be made because he is absent from 
the city on private business: Bates vs. St. Louis, 153 Mo. 18. 
o 


Sec. 1488. Mayor’s secretary, assistant secretary, sten- 
ographer, page and janitor—tenure.—The mayor is authorized to 
employ five suitable persons to act as mayor’s secretary, assistant secretary, 
stenographer, page and janitor, who shall hold office at the pleasure of the 
mayor and may be removed and discharged by the mayor at any time. (Ord. 
22066, amending M. C., sec. 1410.) 


Sec. 1489. Same—salaries.—The salary of the secretary of the 
mayor shall be twenty-five hundred dollars per annum; the salary of the as- 
sistant secretary shall be fifteen hundred dollars per annum; the salary of 
the stenographer shall be nine hundred dollars per annum; the salary of the 
page shall be six hundred dollars per annum; the salary of the janitor shall 
be sixty dollars per month; all of said salaries to be paid monthly. (J0., 
amending M. C., sec. 1411.) 


Sec. 1490. Mayor to convene municipal assembly— organiza- 
tion of new administration.—The mayor shall immediately after an elec- 
tion issue his proclamation convening the municipal assembly on the Saturday 
succeeding such election, for the purpose of organizing a new administra- 
tion and the installation of the officers elect. (M. C., sec. 1412.) 


Sec. 1491. Municipal assembly to determine who elected 
mayor—notice of installation of mayor.—The municipal assembly, 
when so convened, shall proceed to ascertain from the poll books of the 
several wards and certificates of the judges, who has been elected mayor, and 
shall give notice to the person elected that on the Tuesday following said 
Saturday, or on some other day to be designated by the municipal assembly, 
at twelve o’clock noon, in the chamber of the house of delegates at the city 
hall, in the presence of the municipal assembly, he will be installed mayor 
of the City of St. Louis. (M. C., sec. 1418.) 


Contested election must be in circuit court: State ex rel. vs. Hough, 193 Mo. 
615, 640. 


Sec. 1492. Installation of mayor.—Upon the day designated the 
municipal assembly shall meet for the purpose aforesaid, when the oath of 
office prescribed by the charter, shall be administered to the mayor elect. 
(M. C., sec. 1414.) 


Sec. 1493. Duties and powers.—The mayor shall from time to time 
give the assembly information relative to the state of the city, and shall rec- 
ommend to their consideration such measures as he may deem expedient in 
the interests of the city, and shall submit with his message to the municipal 
assembly all annual reports of officers. He shall take care that the laws of 
the state and the ordinances of the city are respected and enforced within 
the city and may remit fines, costs, forfeitures and penalties duly imposed 


866 REVISED CODE OR GENERAL ORDINANCES. | WEGHAP. 17 


for the violation of any ordinance, and shall make a report of the same to 
the assembly at every session thereof. He shall have power to appoint a 
competent person or persons to examine the affairs of any department or 
departments whenever he shall deem it necessary. (M. C., sec. 1415.) 


This section is a literal repetition of the Charter. Art. IV, sec. 16. <As to re- 
mission of fines, etc., see alSO zmfra sec. 1497 and note. 


Sec. 1494. Who acts as mayor in case of absence—com- 
pensation, etc.—The president of the council shall perform the duties 
whenever and so long as the mayor from any cause is unable to perform his 
official duties. If the mayor and the president of the council are both 
absent from the city, or otherwise disabled from performing the duties of 
mayor, the speaker of the house of delegates shall, for the time being, dis- 
charge the duties of said office, and either of them while acting as mayor 
shall receive the same compensation as the mayor. (M. C., sec. 1416.) 


Same as Charter, Art. IV, sec. 17. 


The compensation of the mayor is made the standard by which the officer who 
in his absence acts for him, is to be measured, and nothing more. The compen- 
sation of the mayor is not to be reduced because of his absence: Bates vs. St. 
Howis,e253 MMO. Si a2: 


See. 1495. General power of supervision—adjust differences 
between officials—enforce contracts, ete. —The mayor shall have a 
general supervision and control over all city officers, and may, whenever he 
shall see fit, examine into the condition of their respective offices, the books, 
papers and records therein, the manner of conducting their official business, 
and may call upon any officer, clerk or deputy for information in relation to 
any matter pertaining to his office. All questions of difference between offi- 
cers of the city affecting their relative powers and duties, may be referred 
by either of them to the mayor, who shall examine and determine such ques- 
tions, and his decision shall be final as between such officers. The mayor 
shall see that the contracts and agreements with the city are faithfully kept 
and performed, and to this end he shall cause legal proceedings to be insti- 
tuted and presented against all persons or corporations failing to fulfill 
their agreements with the city. (M. C., sec. 1417.) 


The mayor performs all acts required of the county court by Chap. of Rev. St. 
entitled, ‘Coroners and Inquests’’: Laws 1877, p. 192. 


Sec. 1496. May call special sessions of assembly.—The mayor 
may, by proclamation, call special sessions of the assembly, giving not less 
than three days’ notice, and shall specially state to them, when assembled, 
the objects for which they have been convened, and their action shall be 
confined to such objects. (M. C., sec. 1418.) 


Same as Charter, Art. IV, sec. 18. See note thereto. 


; 
Sec. 1497. Fines and executions under control of.—In  exer- 
cising the power to remit fines, costs, forfeitures and penalties imposed for 
violation of any ordinance the mayor is authorized to remit the same con- 
ditionally, when in his judgment such action shall be deemed expedient, and 
authority is also conferred on the mayor to control all executions issued by 
the police courts and recall the same and grant a stay of execution in any 
case on such terms and conditions as the public welfare shall demand. (M. 
C., sec. 1419.) 


Chart., Art. IV, sec. 16, provides that the mayor “may remit fines, costs, for- 
feitures and penalties duly imposed for violation of any ordinance, and shall 
make a report of the same to the assembly at every session thereof.’ Pardons 
being in derogation of law, to be valid must accurately describe the offense in- 


CHAP. 17.] OF MAYOR. 867 


tended to be forgiven; a writing by a mayor licensing the person named to remain 
in town so long as he shall behave himself well, is neither a pardon nor a remis- 
sion of a fine to which the writing in no way refers: Ex parte Higgins, 14 Mo. 
App. 601 (memorandum opinion). The authority of the mayor to remit a fine can 
only be exercised after the fine has been imposed; and what amounts to an illegal 
permit may be compelled by mandamus to be revoked by any citizen: State ex rel. 
vs. Noonan, 59 Mo. App. loc. cit. 529. As to the power of police justices to remit 
‘fines or to reprieve, see note to R. C., sec. 1308. 


Sec. 1498. Powers to renew bond—effect of failure to renew. 
—The mayor shall have power to order the renewal of any bond held by the 
city, from any person, firm or corporation in pursuance of an ordinance, 
whenever in his judgment said bond has become or is likely to become im- 
paired through any cause whatsoever. <A failure to renew said bond by the 
parties interested, to the satisfaction of the mayor, within fifteen days after 
date of notification to renew, shall operate to work a forfeiture of all the 
rights and privileges granted by the city under the ordinance of which said 
bond forms a part. (M. C., sec. 1420.) 


Sec. 1499. Duty on being served with process.— Whenever 
any process or notice shall be served on the mayor in any legal or other 
proceeding against the city, or in which the city is a party, he shall imme- 
diately deliver the same, or a sufficient notice thereof, to the city counselor, 
in order that the same may be attended to. (M. C., sec. 1421.) 


See. 1500. Power as to nuisances.—Whenever in the opinion of 
the mayor, a nuisance exists on public or private property, or whenever a 
nuisance has been so declared by ordinance, or resolution of the board of 
health, he is authorized to abate and remove such nuisance and the cause 
thereof in a summary manner, at the cost of the owner or occupant of the 
premises wherever the nuisance or cause thereof may be, and for that pur- 
pose may enter upon and take possesssion of any premises or property where 
such nuisance may exist or be produced. (M. C., sec. 1422.) 


Chart. Art. III, sec. 26, clause sixth. 


See. 1501. Proclamation in case of epidemic.—Whenever it 
shall come to the knowledge of the mayor that any malignant, infectious or 
contagious disease or epidemic is prevalent in the city, or will probably be- 
come so, he shall make proclamation of such fact to the inhabitants. (M. C., 
sec. 1423.) 


Charter Art. XII, sec. 8; and see Rev. Code, sec. 633, which is the same as said 
Charter section. 


Sec. 1502. Powers of arrest.—The mayor, when he has good cause 
to believe that an offense has been or is about to be committed against law 
or ordinance, may summon and examine witnesses in relation thereto, and 
upon proper affidavits may issue a warrant for the apprehension of any of- 
fender against law or ordinance, which warrant shall be returnable before 
one of the police justices, and shall be tried as warrants issued by that of- 
ficer. (M. C., sec. 1424.) 


Sec. 1503. Powers in cases of riot.—The mayor shall have power 
to call to his assistance the city police, the military of the city and citizens 
to assist him in preventing or quelling any riot, rout, unlawful assembly or 
breach of the peace, and all persons so called out by him shall be subject to 
his orders, while on the duty to which they are called. (M. C., sec. 1425.) 


Charter provisions as to riots see Art. III, sec. 26, clause ninth and note; 
Riotous assemblies forbidden: R. C., sec. 1536. 


868 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 17, 


Sec. 1504. Powers in secret service.—The mayor shall have power 
to take such secret measures as he may deem necessary for the detection 
and apprehension of offenders against law or ordinance, but all expendi- 
tures of money in relation to such services shall be paid out of the fund al- 
lowed the mayor for expenditures on account of secret service and removal 
of paupers. (M. C., sec. 1426.) 


Sec. 1505. Secret service fund.—For expenditures on account of 
secret service, assisting and removal of paupers, the mayor shall draw his 
requisition on the auditor, approved by the comptroller, and the auditor 
Shall thereupon draw his warrant on the treasurer for the amount required, 
and charge the same to appropriation for contingent expenses; provided, 
that the amount so expended shall not exceed the sum of twelve thousand 
five hundred dollars in any one year. (M. C., sec. 1427.) 


Sec. 1506. Approval of bonds. —The mayor shall approve the bonds 
of all appointed and elected officers; also, bonds of constables in the city 
and all other bonds to the City of St. Louis, except in such cases as may 
be otherwise provided by ordinance or charter. (M. C., sec. 1428.) 


Approval of bonds, see Charter, Art. IV, sec. 4; and see also Rev. Code, secs. 
1677 to 1684. As to constables see note to sec. 1678; Scheme, sec. 15. 


See. 1507. Execution of appeal and other bonds.—The mayor 
shall execute all appeal bonds and other bonds which by law or ordinance 
are required to be executed by the city. (M. C., sec. 1429.) 


Charter, VAT tov Le sees 6: 


See. 1508. To report violations of duty.—The mayor shall re- 
port to the council all violations or neglect of duty on the part of any city 
officer which may come to his knowledge. (M. C., sec. 1480.) 


See. 1509. Enumeration of officers to be appointed by.—The 
mayor shall appoint, subject to confirmation by a majority of the members 
of the council, at the times provided, by the charter and ordinances the 
following officers, who shall hold their respective positions during the period 
provided by the charter and ordinances, and until their successors shall 
have been duly appointed and qualified: A street commissioner, sewer com- 
missioner, water commissioner, harbor and wharf commissioner, park com- 
missioner, gaS commissioner, when necessary; [license commissioner™* |, 
health commissioner, commissioner of supplies, commissioner of public 
buildings; five commissioners on charitable institutions, superintendent of 
workhouse, superintendent of house of refuge,** superintendent of fire and 
police telegraph, superintendent of city hospital, superintendent of female 
hospital, superintendent of insane asylum, superintendent of poorhouse, 
superintendent of quarantine, when necessary; city counselor, associate city 
counselor, second associate city counselor; assistant city counselorf, assessor 
and collector of water rates, city attorney, assistant city attorney for sec- 
ond district police court, assistant city atorney for police court south of 
Arsenal street, a police justice for each of the police courts of the city, 
jailor, one district assessor for each assessment district, chief of the fire 
department, milk inspector, city chemist, two regular practicing physicians 
and a commissioner of police to serve as members of the board of health, 
one weigher of scales for each of the public seales established by ordinance, 
one general inspector and measurer of lumber, and such deputy inspectors 
and measurers as may from time to time be necessary, inspector of boilers 


CHAP. 17.] OF MAYOR. 869 


and elevators, and two members of the board of engineers; one market mas- 
ter for each of the markets duly established, a clerk for each of the police 
courts, and such other officers as he may by ordinance be required to ap- 
point. (M. C., sec. 1431.) 


For list of appointees of Mayor to be appointed under ordinances see index to 
Rev. Code, under title ‘Mayor’; for list appointed under Charter provisions, see 
that title in Charter Index. 


*The license commissioner’s office was by statute expunged and his duties 
transferred to the license collector, an elective officer created by the same act; 
see note to Chap. 30 of R. C. and to sec. 2104 and following. 


** Name of House of Refuge changed to “St. Louis Industrial School; ord. 22145, 
R. C. sec. 1785. See next note. 


7By ord. 23150 (enacted after the Rev. Code) a Second Assistant City Counselor 
is also to be appointed. 


See. 1510. To appoint managers of House of Refuge.— The 
mayor shall also appoint, with the advice and consent of the council, four 
competent persons, who, with the mayor, shall constitute a board of man- 
agers of the St. Louis House of Refuge. (M. C., sec. 1452.) 

By ord. 22145, approved Nov. 21, 1905, it was provided that the House of Ref- 
uge should be known as “St. Louis Industrial School,’ but that no effect except 
to change the name be given to the enactment. See R. C. 1785. The mayor by 
statute is ex officio a member of the board of managers and he shall appoint the 


other four members; R. S. 1899, Art. XXI, p. 25538, sec. 1, set out in “State Laws 
FOROS, « herein, OnmDn lez: 


Sec. 1511. To appoint city surveyors.—The mayor may also ap- 
point subject to confirmation by a majority of the members of the council, 
any number of competent persons who shall be civil engineers, as city sur- 
veyors. (M. C., sec. 14838.) 


As to City Surveyors, see Rev. C., sec. 235-238; also Scheme, sec. 16. 


Sec. 1512. Council may prefer charges against—procedure. 
—The council shall have power at any time to prefer charges against the 
mayor for violating any official obligations, and should any such charges 
be preferred against the mayor, the council shall proceed at once to investi- 
gate and decide the same as provided by charter; and should the mayor be 
by the council removed from office, a copy of the decision shall be filed in 
the office of the register, and the president of the council shall be ex-officio 
mayor for the time being and until a successor is elected and qualified, and 
he shall issue a proclamation ordering an election to fill the vacancy in the 
office of mayor caused by such removal, in the manner provided by the 
charter and ordinances of the city; provided, however, that the mayor shall 
not be removed from office except by a two-thirds vote of all the members 
of the council, five days’ notice thereof, and an opportunity to be heard by 
council being given to said officer. (M. C., sec. 1434.) 


Giarte Art, lL Vee sec. 12: 


See. 1513. Vacancy in office of mayor—how 
ever any vacancy shall happen in the office of the mayor from death, resig- 
nation or any other cause, the president of the council or the speaker of the 
house of delegates, ex officio exercising the duties of mayor, shall within 
thirty days’ time from the time such vacancy shall occur, issue his procla- 
mation directing a special election to be held to fill said vacancy, giving 
five days’ notice of the time and place of holding such election. (M. C., 
sec. 1435.) 


Charter Art. IV., sec. 13. 


See. 1514. Special election for, how held—exceptions.— 
Such election shall be held in accordance with the ordinances and under 
the regulations prescribed for holding elections; provided, however, that no 


870 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


such special election shall be held in the event that such vacancy shall hap- 
pen within six months of the expiration of the time for which the mayor 
whose office had become vacant had been elected. (M. C., sec. 1486.) 


See Charter IV, sec. 13; also R. C., sec. 1689. 


CHAPTER 18. 


OF MISDEMEANORS. 


JAGR, I. Of offenses against public morals and decency. 
II. Of offenses against public order and peace. 
Ill. Of offenses affecting public safety. 
IV. Of miscellaneous offenses. 
V. Of smoke and smoke abatement. 
Vi. Of vagrants: 
WaWR, woe Chexscy 
VIII. Of penalties, fines and forfeitures. 


ARTICLE I. 


OF OFFENSES AFFECTING PUBLIC MORALS AND DECENCY. 


Sec. 1515. Drunkenness in public places prohibited.—Any 
person who shall, in this city, be found in a state of intoxication, in any 
highway, thoroughfare or other public place, to the annoyance of any citi- 
zen or person, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, be fined not less than three nor more than twenty dollars. (M. 
C., sec. 1437.) 

Public drunkenness may be prohibited by ordinance; the exhibition of one’s 
self in a condition tending in and of itself to degrade the public morals, annoy 
and inconvenience the citizens in the discharge of their daily duties, and destroy 
the peace, comfort and well being of society is an offense which is the proper 
subject of police regulation: Gallatin vs. Tarwater, 143 Mo. 40, 45; and sufficient 
support for such an ordinance is found in the general police power of cities: 
Green City vs. Holsinger, 76 Mo. App. 567, 569. Lebanon vs. Gordon, 99 Mo. App. 
277. But drunkenness is not per se the subject of legislative prohibition and can 
be regulated by municipalities only where its existence in the individual is ata 
place or under conditions where it annoys others; and a sweeping regulation in- 
terdicting, under a penalty, drunkenness generally, is an invasion of the in- 
alienable rights of the citizen: St. Joseph vs. Harris, 59 Mo. App. 122. See also 
note to R. C., sec. 1632. 


Sec. 1516. Indecent exposure or dress, etc., or indecent liter- 
ature or permitting immoral plays, ete., prohibited—penalty.— 
Any person who shall, in this city, appear in any public place, in a state 
of nudity, or in a dress not belonging to his or her sex, or in an indecent or 
lewd dress, or shall make an indecent exposure of his or her person, or be 
guilty of an indecent or lewd act of behavior, or shall exhibit, sell or offer to 
sell any indecent or lewd book, picture or other thing, or shall exhibit or 
perform, or permit to be exhibited or performed, upon premises under his 
or her management or control, any indecent, immoral or lewd play or other 
representation, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, be fined not less than ten nor more than three hundred dollars. 
(M. C., sec. 1438.) 


Sec. 1517. Swimming in daytime—prohibited.—Any person 
who shall bathe, wash or swim in the Mississippi river, or in any other 
water course, pond or pool, in this city, between one hour before sunrise 


a 


ART 1.] OF OFFENSES AGAINST MORAIS AND DECENCY. 871 


and one hour after sunset, being naked or insufficiently clothed, thereby 
‘ausing improper exposure of his person, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, be fined not less than three nor 
more than one hundred dollars. (M. C., sec. 1489.) 


See. 1518. Prohibition against bawdy houses, etc.—street 
walkers—dancing girls—duty of police commissioners.—Clause 


first: Any person who shall, in this city, keep, maintain, superintend or 
manage a bawdy house, house of ill fame, house of bad repute, house of pros- 
titution or assignation, or who shall harbor, secrete, or permit any girl, 
under the age of eighteen years, to remain in, visit or frequent such bawdy 
house, house of ill fame, house of bad repute, prostitution or assignation, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be 
fined not less than fifty dollars. Clause second: Any one who shall fre- 
quent a house of ill fame, bawdy house, or house of bad repute, prostitu- 
tion, or of assignation, or shall be found an inmate of such house or houses, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 
be fined not less than ten nor more than one hundred dollars. Clause third: 
Any person who shall permit any house, rooms or tenements in his or her 
possession, or under his or her charge and control, to be used for the pur- 
pose of prostitution, or house of bad repute, after ten days’ notice from the 
police commissioners of such use of such house, rooms or tenements, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not less than fifty dollars. Clause fourth: Any courtesan, prostitute, 
bawd or lewd woman, or any female inmate of a bawdy house, or house of 
prostitution, or of assignation, brothel, or house of bad repute, who shall 
be found wandering about the streets in the night time, or frequenting beer 
houses and places of public resort, or who shall be found employed singing 
or dancing in any such house or place, or who shall be found employed as 
a beer carrier or waiter girl in any such house or place, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than ten dollars. Clause fifth: Any male person who shall inhabit, eat 
or sleep in any house of prostitution, bawdy house, house of bad repute, or 
house of assignation, or who shall be in any way connected with the keep- 
ing, management or control of any such house, or of the bawds or prosti- 
tutes who live therein, or frequent such houses, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof, shall be fined not less than 
fifty dollars. Clause sixth: Any prostitute, bawd, courtesan, or lewd 
woman who shall ply, or seek to ply her vocation by word, sign or action, 
on the streets, alleys, or in any public place, or at the door or window of 
any house or rooms, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than ten nor more than one hundred 
dollars. Clause seventh: It shall be the duty of the police commissioners 
whenever they become aware of the use of any house, rooms or tenements, 
for any of the purposes mentioned in the preceding clauses, to give a writ- 
ten notice of such fact to the owner, or agent of the owner, of such house, 
rooms, or tenements. (M. C., sec. 1440.) 


For ordinance making acts such as designated in clause fourth vagrancy, 
etc., see R. C., sec. 1632. Chart. Art. III, sec. 26, clause fifth, confers authority 
on the city to “suppress bawdy and disorderly houses, houses of ill-fame and of 
assignation.” See infra on this point. 


Unless authorized by law (and then only when conducted therewith in a de- 
cent manner), bawdy houses are a common nuisance er se: Givens vs. Van 
Studdiford, 86 Mo. 149; Ashbrook vs. Dale, 27 Mo. App. 649. 


Keeping a brothel is an indictable offense at common law, and under the 
Charter the City of St. Louis may enact an ordinance providing that the keeping 


872 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


of a bawdy house shall be a misdemeanor punishable by fine: St. Louis vs. Mel- 
ville, 3 Mo. App. 597 (memorandum opinion). 


In State vs. Dudley, 56 Mo. App. 450, 1. c. 453, the court says: “Evidence to 
establish the character of a bawdy house must in most cases be inferential from 
the nature of the case and hence it must be permitted to take a wide range. In 
an early case in this state it was held that the refusal of witnesses to testify, 
on the ground that answers to questions propounded to them would tend to their 
own degradation might be considered by the jury: Clementine vs. State, 14 Mo. 
112. In State vs. Bean, 21 Mo. 267, an instruction that the jury might consider 
the character of the inmates and of persons resorting to the same was approved. 
In State vs. Barnard, 64 Mo. 260, the Supreme Court held that the fact that the 
inmates were prostitutes, strongly conduces to establish the fact that the house 
was a bawdy house.” To same effect State vs. Horn, 83 Mo. App. 47, 50. 


One may be “‘found employed” as a beer carrier, ete., though she be proprietor 
of the place: State vs. Canton, 43 Mo. 48. 


Under a charter (now not in force) authorizing the city to ‘‘regulate’”’ bawdy 
houses, the control of this matter is referred to the city and operates to make a 
license for such house valid, although there be a State law making the same a 
crime, and such license is a defense against prosecution under the statute: State 
vs. Clarke, 54 Mo. 17; State vs. Vic De Bar, 58 Mo. 395. 


A bawdy house or brothel is a house of ill-fame, kept for the resort and com- 
merce of lewd people of both sexes; and the keeper thereof is a person who acts 
as master or mistress or has the care, use or management of the house or build- 
ing in which a bawdy house or brothel is kept and maintained with his knowl- 
edge or assistance: State vs. Horn, 83 Mo. App. 47. 


Sec. 1519. Females—enticement of—penalty.—Clause first: 
Any person who shall induce, entice or procure any girl under the age of 
eighteen years, to visit, frequent, or become an inmate, or visitor, or fre- 
quenter of any bawdy house, house of ill fame, or house of assignation, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not less than two hundred dollars. Clause second: Any person who 
shall attempt to induce, entice or procure, or assist in attempting to entice, 
induce, or -procure any gitl under the age of eighteen years to visit, frequent, 
or become an inmate, visitor or frequenter of any bawdy house, house of ill 
fame, or house of assignation, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than two hundred dollars. 
(M. C., sec. 1441.) 


See. 1520. Dram shops, employment in of lewd women 
forbidden.—Any keeper of a dram shop, beer house or other place of 
public resort, who shall employ a lewd woman, or any woman having the 
reputation of a prostitute, as a carrier of beer or any other article, either 
in the day or night time, or to sing or dance in a lewd or indecent manner, 
or to permit any such lewd woman to act as bartender in any such house 
or place, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined not less than fifty nor more than one hundred dollars. (M. 
5., sec. 1442.) 


Sec. 1521. Opium dens forbidden.—Any person who shall main- 
tain and keep in the city any place or room where opium, or hasheesh, or 
any extract of said drugs, or any compound in which said drugs are ingred- 
ients, is smoked by himself or others, or who shall attend at any room or 
place for the purpose of assisting or aiding any person to smoke opium or 
hasheesh, or any extract of said drugs, or any compound in which said drugs 
are ingredients, shall be guilty of a misdemeanor, and upon conviction shall 
be fined not less than fifty nor more than three hundred dollars. (M.°C., 
sec. 1448.) 


Ari. 1. ] OF OFFENSES AGAINST MORALS OR DECENCY. 873 


See 1522. Indecent advertisements of cure of venereal dis- 
eases prohibited.—Any person who shall be guilty of sticking, or putting 
up in any street, avenue, or alley, on any wall, fence, or other public place 
in this city, any indecent or gross, printed or written advertisement, bill or 
notice of his professional skill, or remedies for the curing of venereal, or 
what are usually called secret diseases, or causing the same to be stuck 
or put up, or who shall cause any such indecent or gross, printed or written 
advertisement, either as a bill or circular, whether “inclosed in an envelope, 
or any other form, to be left in any yard or premises attached to any dwell- 
ing-house, or to be put under the door, or to be given to any servant or other 
person in or about such dwelling-house, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, be fined not less than fifty nor more 
than five hundred dollars. (M. C., see. 1444.) 


Sec. 1523. Venereal diseases — distribution on streets of 
books, ete., treating of, prohibited—penalty.—No person or persons 
[any person who] shall sell or offer to sell, or give away or offer to give away 
distribute or have in his or her possession with intent to give away, sell or 
distribute in or upon any sidewalk, park or public property of the City of St. 
Louis, any book, pamphlet, circular, handbill, advertisement or notice of any 
kind purporting to treat or treating of diseases known as ‘‘venereal diseases,” 
describing or explaining or purporting to describe or explain the genital 
organs, giving or purporting to give the nature and remedies of diseases pe- 
culiar to female and uterine diseases, or the nature or causes of nervous de- 
bility, impotency, sterility or barrenness, private diseases or the remedies 
therefor, or the causes or remedies for abortion or miscarriage or articles 
or means of preventing conception, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined in a sum not less than fifty dol- 
lars nor more than five hundred dollars for each and every offense and viola- 
tion of this section. (M. C., sec. 1445.) 


Sec. 1524. Publications as to venereal diseases, abortions, 
miscarriages, etc., distribution on streets pr No [any ] 
person or persons | who] shall sell or offer to sell, give or offer to give away, 
distribute or have in his or her possession with intent to give away, 
sell or distribute in or upon any street or sidewalk or park or public prop- 
erty of the City of St. Louis, any book, pamphlet, circular, handbill, adver- 
tisement or notice of any kind giving or purporting to give information from 
whom or where medicine or anything whatever may be obtained for the cure, 
prevention or treatment of uterine diseases, or diseases peculiar to females, 
venereal diseases or diseases of the genital organs, or nervous debility, im- 
potency, sterility or barrenness, private diseases, abortion or miscarriage, 01 
articles or means of preventing conception, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined in a sum of not less . 
than fifty dollars nor more than five hundred dollars for each and every of- 
fense and violation of this section. (M. C., sec. 1446.) 


See. 1525. Same—newspaper advertisements pr 
Any person who shall in the City of St. Louis, advertise or cause to be ad- 
vertised in any newspaper printed or circulated in said city, or who shall 
print or publish any advertisement or notice in any newspaper printed or 
circulated as aforesaid, purporting to give information as to the treatment 
of venereal or private or womb diseases, or impotency, self-abuse, sterility 
or any disease pertaining to the genital organs, or purporting to give in- 
formation from whom or where medical treatment or medicine may be pro- 
cured in the above mentioned cases, or any of them, shall be guilty of a 


874 REVISED CODE OR GENERAL ORDINANCES. [CHA PB.28, 


misdemeanor, and upon conviction, shall be fined not less than fifty nor 
more than five hundred dollars for each and every offense. (M. C., sec. 1447.) 


See. 1526. Gambling device—setting up, prohibited.—Every 
person who shall set up or keep any table or gambling device in the City 
of St. Louis, commonly called A B C, faro bank, E O, roulette, equality, 
keno or any kind of gambling table, or gambling device, adapted, devised 
and designed for the purpose of playing any game of chance, for money or 
property, and shall induce, entice or permit any person to bet or play at 
or upon any such gambling table or gambling device, or at or upon any 
game played only by means of such table or gambling device, or on the side 
or against the keeper thereof, shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten dollars nor more than 
five hundred dollars for each and every offense. (M. C., sec. 1448.) 


A fair and reasonable inference from the evidence that defendant is in charge 
of and sets up the game, is sufficient, though there be no direct testimony to 
that effect: St. Louis vs. Wiley, 8 Mo. App. 597. 


“Crack loo” is a gambling device: Canton vs. Dawson, 71 Mo. App. 235, citing 
State vs. Flack, 24 Mo. 378. 


Whether under the State statute playing cards are a gambling device, see 
State vs. Herryford, 19 Mo. 377; State vs. Mohr, 55 Mo. App. 329; State vs. Torphy, 
66 Mo. App. 434; State vs. Purdon, 3 Mo. 114; State vs. Gilmore, 98 Mo. 206. 


Lotto: Lowry vs. State, 1 Mo. 722. 
Horse Race: State vs. Hayden, 31 Mo. 35. State vs. Lemon, 46 Mo. 375. 


Gun and Target: State vs. Bryant, 90 Mo. 534. 
Crap Table: State vs. Lockett, 188 Mo. 415, and cases cited. 


Under the State law it was not necessary in order to constitute the offense of 
enticing and permitting, etc., that money be bet, etc.: State vs. Fulton, 29 Mo. . 
680; State vs. Smith, 74. 683. 


The repeal of an ordinance prohibiting the setting up and Keeping of gaming 
tables, except as to offenses committed, is valid: Kansas City vs. White, 69 
Mo. 26. 


Sec. 1527. Gambling device—betting on—forbidden.—Every 
person who shall in the City of St. Louis, bet any money or property of any 
nature whatsoever upon any gaming table, bank or device, prohibited by the 
preceding section, or at or upon any other gambling device, or who shall 
bet upon any game played at or by means of such gaming table or other 
gambling device or who shall loan or furnish any money to any other per- 
son to bet as aforesaid, and the same shall be so used or who shall in any 
manner be interested in any such playing or betting at such device, shall 
be guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than five dollars nor more than twenty-five dollars for each and every 
Offense. (M. C., sec. 1449.) 


See note to preceding section. 


A. fair inference from the evidence that defendant was playing keno for money 
is sufficient though there be no direct testimony: St. Louis vs. Sullivan, 8 Mo. 
App. 455. 


See. 1528. Gambling device—penalty for permitting prem- 
ises to be used for.—EKEvery person who in the City of St. Louis, shall 
knowingly permit any gambling table, bank or device to be set up or used 
for the purpose of gaming in any house, building, shed, booth, shelter, lot 
or other premises to him belonging or by him occupied, or of which he has 
at the time the possession or control, shall be guilty of a misdemeanor, and 


ART... ] OF OFFENSES AGAINST MORALS OR DECENCY. 875 


upon conviction thereof, shall be fined not less than ten nor more than four 
hundred dolars for each and every such offense. (M. C., sec. 1450.) 


Sec. 1529. Common gaming-house—prohibited.—Every person 
who shall in the City of St. Louis, set up and keep a common gaming-house, 
shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined 
not less than ten dollars nor more than five hundred dollars for each of- 
fense. (M. C., sec. 1451.) 


Occasional games of poker privately played with acquaintances for money in 
his room does not make one the keeper of a common gaming house: State vs. 
Mosby, 538 Mo. App. 571, (holding also that evidence of general reputation of de- 
fendant and those who frequented the house was admissible, and also that a 
common gaming house may consist of a single room rented in a house of many 
rooms and not open to the whole public, nor exclusively used for gaming). A 
gaming house may consist of a boat: State vs. Metcalf, 65 Mo. App. 681. 

In upholding an Ohio statute the U. S. Supreme Court recently said in Marvin 
vs. Trout, 199 U. S. 212: “For a great many years past gambling has been very 
generally in this country regarded as a vice to be prevented and suppressed in 
the interest of the public morals and the public welfare. The power of the state 
to enact laws to suppress gambling cannot be doubted, and, as a means to that 
end, we have no doubt of its power to provide that the owner of the building in 
which gambling is conducted, who knowingly looks on and permits such gam- 
bling, can be made liable, in his propery which is thus used, to pay’ a judgment 
against those who won the money, as is provided in the statute in question.” 


Sec. 15380. Gambling device—letting of premises for pro- 
hibited. —Every person who shall in the City of St. Louis, lease or let to 
another any house or other building, or any rooms therein, for the purpose 
of setting up or keeping therein, any of the gaming tables, banks or devices 
prohibited by the preceding provisions, or for the purpose of being used 
and kept as a gaming-house, shall be guilty of a misdemeanor, and upon con- 
viction thereof, shall be fined not less than ten dollars nor more than five 
hundred dollars for each and every offense. (M. C., sec. 1452.) 


See. 1531. Gambling device—Keeper of, defined.—Every person 
in the City of St. Louis, appearing or acting as master or mistress, or hay- 
ing in care, use or management for the time, of any prohibited gaming 
table, bank or device, shall be deemed a keeper thereof, and every person in 
the City of St. Louis, who shall appear or act as master or mistress, or hay- 
ing the care, use or management of any house or building, or room or rooms 
therein, in which any gaming table, bank or device is set up or kept, or of 
any gaming-house, shall be deemed to be the keeper thereof. (M. C., sec. 
1453.) 


See notes to preceding sections; see also State vs. Ebert, 40 Mo. 186; State vs. 
Gilmore, 98 Mo. 206. 


See. 1532. Gaming, prohibited.—If any person in the City of St. 
Louis, shall play at any game whatsoever for money, property of any nature 
whatsoever, or gain, with cards, dice or any other device which may be 
adapted to, or used in playing any game of chance, or in which chance is a 
material element, or shall bet or wager on the hands or cards, or sides of 
such as to play as aforesaid, [he] shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined not less than five nor more than 
twenty-five dollars for each offense. (M. C., sec. 1454.) 


Every betting is a separate offense: See Toney vs. State, 13 Mo. 455. 


See. 1533. Lotteries—prohibited.—If any person shall make or 
establish or aid or assist in making or establishing any lottery, gift or en- 


876 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 13. 


terprise, or scheme of drawing in ‘the nature of a lottery, for any purpose 
in the City of St. Louis, or shall advertise or make public, or cause to be 
advertised, or made public, by means of any newspaper, pamphlet, circular, 
or other «written or printed notice thereof, printed or circulated in the City 
of St. Louis, whether the same is being or is to be conducted, held or drawn 
within or without the City of St. Louis, he shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined not less than ten 
dollars nor more than five hundred dollars for each offense. (M. C., sec. 
1455.) 
As to violation of State statute see State vs. Kaub, 15 Mo. App. 438; 74. 90 
Mo. 196; State vs. Mumford, 73 Mo. 647; State vs. Russell, 17 Mo. App. 16; State 


vs. Bruner, 17 Mo. App. 274; State vs. Harmon, 60 Mo. App. 48; State vs. Pomeroy, 
130 Mo. 489; State vs. Wilkerson, 170 Mo. 184. 


A city ordinance is valid notwithstanding a State statute on the same sub- 
ject; and the ordinance is enforcible by fine and in default of payment by im- 
prisonment in the workhouse: Ex parte Kiburg, 10 Mo. App. 442; and the ordi- 
nance is valid though it provides a more definite fine and penalty than the stat- 
ute: this does not create any repugnancy between them: Kansas City vs. Hallett, 
59 Mo. App. 160; see also Kansas City vs. Zahn, 73 Mo. App. 396. As to when distri- 
bution of prizes to subscribers of a newspaper by the proprietors, in pursuance 
of a pre-arranged advertised scheme, though no tickets be sold, operates aS a 
lottery, see State vs. Mumford, 73 Mo. 647. 

One having a license for a show or exhibition, prohibited from running a lot- 
wasimie Nanye dee, (OL alae lsy 


Sec. 1534. Lottery tickets—sale of, prohibited.—Any person. 
who shall in the City of St. Louis, sell or expose to sale, or cause to be sold 
or exposed to sale, or shall keep on hand for the purpose of sale, or shall 
advertise or cause to be advertised for sale, or who shall print or publish 
such advertisement, or shall aid or assist, or be in anywise concerned in 
the sale or exposure to sale of any lottery ticket or tickets, or any share or 
part of any lottery ticket in any lottery or device in the nature of a lottery, 
within the City of St. Louis, or elsewhere, and any person who shall in the 
City of St- Louis advertise or cause to be advertised, the drawing of any 
scheme in any lottery, or shall print or publish such advertisement, shall 
be guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than ten dollars nor more than five hundred dollars for each offense. 
(M. C., sec. 1456.) 


See note to preceding section. 


Sec. 1535. Lottery, ete., letting of premises for prohib- 
ited. —Every person who in the City of St. Louis, shall knowingly permit 
to be used, any house, building, shed, booth, shelter, lot or other premises 
to him belonging, or by him occupied, or of which he has at the time pos- 
session or control, for the sale or exposure to sale of any lottery ticket or 
tickets, or any share or part of any lottery ticket in any lottery, or device 
in the nature of a lottery, or for the purpose of conducting any gift enter- 
prise, or scheme of drawing in the nature of a lottery, within the City of 
St. Louis, or elsewhere, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten dollars nor more than 
four hundred dollars for each and every offense. (M. C., sec. 1457.) 


ARTICLE II. 


OF OFFENSES AFFECTING THE PUBLIC ORDER AND PEACE. 


Sec. 1536. Riotous assemblies forbidden.—Any two persons who 
shall, in this city, assemble together, or, being assembled, shall act in con- 


ART. IL.] OF OFFENSES AFFECTING THE PUBLIC ORDER AND PEACE. 877 
‘ 

cert to do any unlawful act with force or violence, against the property of 
this city, or the person or property of another, or against the peace or to 
the terror of others, and shall make any movement or preparation therefor, 
and every person present at such meeting or assembly, who shall not en- 
deavor to prevent the commission or perpetration of such unlawful act, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be 
fined not less than ten nor more than fifty dollars. (M. C., see. 1458.) 


Charter provisions as to riots, see Art. III, sec. 26, clause 9; Mayor’s powers 
in case of riots, R. C., sec. 1604. 


Sec. 1537. Disturbances of the peace —assault, ete.— penalty 
—Any person who, in this city, shall disturb the peace of others by violent, 
tumultuous, offensive or obstreperous conduct or carriage, or by loud and 
unusual noises, or by unseemly, profane, obscene or offensive language, cal-+ 
culated to provoke a breach of the peace, or by assaulting, striking or fight- 
ing another; or any person who, in this city, shall permit any such conduct 
in or upon any house or premises owned or possessed by them, [him], or un- 
der [his] their management or control, so that others in the vicinity are dis- 
turbed thereby, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, be fined not less than five nor more than five hundred dollars. 
(M.C., sec. 1459.) 


A municipality may pass an ordinance against disturbance of the peace, 
though there is a State statute, (not inconsistent with it) on the same subject: 
Glasgow vs. Bazan, 96 Mo. App. 412. An ordinance providing that “every person 
who shall willfully disturb the peace by loud or unusual noise, by blowing horns, 
trumpets, or other instruments, or by any other device or means whatsoever, 
shall be deemed guilty of a misdemeanor,” is not violated by parties engaged in 
a “charivari’ unless the effect is to disturb the peace and quiet of the citizens or 
some of them. St. Charles vs. Meyer, 58 Mo. 86. A peace officer’s personality is 
merged in his official position and his peace cannot be disturbed by the offensive 
language of one of a crowd which he is trying to disperse: Salem vs. Coffey, 
ds WOOL EA DD. Oo: 


[See. 1537a. Throwing confetti, flour, etc.* | 


Sec. 1538. Sunday or other day—disturbance of peace on— 
swearing, canning beer, loafing, etc.—penalty.— Any person who 
shall, on Sunday or any other day of the week, disturb the peace by any 
noisy, riotous or disorderly conduct, in any park, street, alley, highway, 


*Ordinance 22564, approved Oct. 2, 1906, after submission of the Revised Code 
to the assembly and before its passage, so that it could not be included therein 
is as follows: 


(22564.) 


An ordinance to amend Chapter Eighteen of the Municipal Code by adding a 
new section, to be known as Section Number Fourteen Hundred and Fifty-nine A. 


Be it ordained ‘py the Municipal Assembly of the City of St. Louis, as follows: 


Section One, Chapter Eighteen of the Municipal Code is hereby amended by 
adding a new section, to be known as Section Fourteen Hundred and Fifty-nine 
A, as follows: 


Section Fourteen Hundred and Fifty-nine A. Any person who, in this city, 
shall on the public streets or highways or in the public parks, or other places 
where the public congregate, toss at or throw upon any one any quantities of 
flour or confetti, or any other substance, shall be deemed guilty of a misdemeanor, 
and on conviction thereof, before either of the police justices of this city, shall 
be fined not less than five dollars nor more than twenty-five dollars for each 
offense. 


‘ 


878 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


thoroughfare, or other public place or public resort for pleasure or amuse- 
ment or other purposes, or any person or persons who shall lounge, stand 
or loaf around or about, or at street corners, or other public places in the 
day or night time, or who shall use indecent, lewd or profane language on 
the public street or other public places, or who shall purchase or otherwise 
obtain any beer, wine or spirituous or malt liquors by the measure or in 
quantities greater than one-half pint and drink the same upon or on the 
public streets, alleys, parks, or other public thoroughfares or places in the 
city, shall be deemed guilty of a misdemeanor, and upon conviction thereof 
before either of the police justices, shall be fined in a sum of not less than 
five nor more than fifty dollars. The above provisions not to apply to 
workingmen drinking beer at lunch or dinner at their places of work. (M. 
©., sec. 1460.) : 


Sec. 1539. Dram shops, permitting disturbances in, forbidden 
—selling liquor to intoxicated person.—Any keeper of a dram shop, 
beer house, or other place of public resort, who shall permit any breach of 
the peace or disturbanec of public order or decorum, by noisy, riotous and 
disorderly conduct on his premises, when it was in his power to prevent 
it, or who shall sell any intoxicating drink to any person already intoxicat- 
ed, shall be deemed guilty of a misdemeanor, and upon conviction thereof 
be fined not less than twenty-five nor more than two hundred and fifty dol- 
lars. (M. C., sec. 1461.) 


Sec. 1540. Band music in streets, when prohibited —permit. 
—It shall not be lawful for any military company, or any procession, or 
any body of persons, accompanied with martial music, to march or pass 
through, or for any person to play on any musical instrument in, any of the 
streets of the city, within one block of any house of worship, on Sunday 
during the hours of worship. Nor shall it be lawful for any band of music 
to play in the streets for any procession with advertising devices, or to move 
on said streets without a permit from the mayor; provided, that nothing 
herein contained shall prevent. any ‘military company, organized under the 
laws of the state, from parading with a band of music on any day except 
Sunday. Any person who shall violate this section shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, shall be fined a sum not less 
than ten dollars nor more than fifty dollars for each and every offense. (M. 
©., sec. 1462.) 

Charter provision requiring regulations of public processions in the streets: 
See Charter Art. XVI, sec. 10. 


See. 1541. Disturbing religious worship—penalty.—Any person 
who shall, in this city, disquiet or disturb any congregation or assembly 
met for religious worship, by making a noise, or by rude or indecent be- 
havior, or profane discourses within their piace of worship, or so near the 
same as to disturb the order or solemnity of the meeting, shall be deemed 
guilty of a misdemeanor, and on conviction thereof, be fined not less than 
ten nor more than fifty dollars. (M. C., sec. 1463.) 


Sec. 1542. Disturbing lawful assembly—penalty.—Any person 
who shall, in this city, disturb any lawful assemblage of people by rude and 
indecent behavior, or shall be found loitering at the corners of streets, or 
in the vicinity of any place of amusement, or hotel, or thoroughfare, and 
refuse to disperse or vacate such place when requested to do so by any 
police officer, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined not less than five nor more than tweuaty-five dollars. (M. 
C., sec. 1464.) 


ART. II.] OF OFFENSES AFFECTING THE PUBLIC ORDER AND PEACE. 879 


Sec. 1543. Whistles, what not to be blown.—Hereafter, it 
shall not be lawful for the owner or owners, ageuts, lessees, supervisors, 
superintendents, workmen or employes, in any capacity, of any sawmill or 
factory of any kind, or of any machine shop or foundry, or mill of any kind, 
to blow, or sound, or cause or permit to be blown or sounded, for any pur- 
pose whatever, any steam whistle within the city, about or connected in 
any manner with any sawmill, factory of any kind, machine shop, foundry 
or mill of any kind, of which he or they are the owners, agents, supervisors, 
superintendents, workmen or employes. (M. C., sec. 1465.) 


See 1544. Penalty.—Any person offending against the next forego- 
ing section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof be fined not less than five nor more than one hundred dollars, but 
this article shall not be so construed as to prevent the use of steam whistles 
on steamboats or locomotives within the city. (M. C., sec. 1466.) 


Sec. 1545. False alarm of fire—penalty.—Any person who 
shall intentionally in this city give or make a false alarm of fire, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, be fined not 
less than fifty nor more than two hundred dollars. (M. C., sec. 1467.) 


See. 1546. Ringing bells for auction—penalty.—Any person 
who shall, in this city, employ any bell man, or use, or cause to be used, 
any bell or other sounding instrument as means of attracting people to an 
auction or other place, or shall permit any such to be used, for or on his 
account, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined not less than five nor more than fifty dollars. (M. C., sec. 
1468. ) 


Sec. 1547. Hand organs or other musical instrument—pro- 
hibited—except in parades. —No license shali be granted to any per- 
son who shall carry about the streets any hand organ or other musical in- 
strument for the purpose of playing music thereon, either on any street, 
alley or public highway, or in any house, for gain; and whoever shall carry 
such organ or instrument for such purpose, shall be deemed guilty of a mis- 
demeanor; provided, that this section shall not be construed to refer to 
music required for a military parade, burial or other procession, or sere- 
nading party. (M. C., sec. 1469.) 


Sec. 1548. Carrying slung shots, brass knuckles, etc.—pen- 
alty. —Whenever there shall be found upon the person of any one who has 
been found guilty of a breach of the peace, or of conduct calculated to pro- 
voke a breach of the peace, any slung shot, colt, or knuckles of lead, brass 
or other metal; or when upon trial, evidence shall be adduced proving that 
such weapons were in the possession or on the person of any one while in 
the act of commission of the acts aforesaid, such person shall be deemed 
guilty of a misdemeanor, and on conviction thereof, shail be fined not less 
than twenty-five dollars nor more than five hundred dollars. (M. C., see. 
1470.) 


Sec. 1549. Same—concealed weapons —carrying of, pro- 
hibited. —Hereafter it shall not be lawful for any person to wear under 
his clothes, or concealed about his person, any pistol or revolver, colt, billy, 
slung shot, cross knuckles, or knuckles of lead, brass or other metal, bowie 


880 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


knife, razor, dirk knife, dirk, dagger, or any knife resembling a bowie knife 
or any other dangerous or deadly weapon, within the City of St. Louis, 
without written permission from the mayor; and any person who shall vio- 
late this section shall be deemed: guilty of a misdemeanor, and upon convic- 
tion thereof, be fined not less than ten nor more than five hundred dollars 
for each and every offense. (M. C., sec. 1471.) 

Sufficiency of information for carrying concealed weapons: Columbia vs. 
Johnson, 72 Mo. App. 232. This section was sustained as being within the power 
of the city to enact; the court says: “Under its general grant of powers the city 
might well adopt and enforce, in manner as provided, such an ordinance as ap- 
pellant is found to have violated. It is a wholesome provision for the preserva- 
tion of peace and order in the city”: St. Louis vs. Vert, 84 Mo. 204. See also 
Orrick vs. Akers, 109 Mo. App. 662. The city may pass such an ordinance though 
there be also a State statute thereon, if it be not inconsistent therewith: Linneus 
vs. Dusky, 19 Mo. App. 20; and it is not void if the penalty provided by ordi- 
nance is less than that fixed by statute: Ex parte Caldwell, 138 Mo. 233. 


See. 1550. Weapons may be worn by officers.—Nothing 
in the next preceding section shall be so construed as to prevent any 
United States, state, county or city officer, or any member of the city gov- 
ernment, from carrying or wearing such weapons as may be necessary in 
the proper discharge of his duties. (M. C., sec. 1472.) 


ARTICLE III. 


OF OFFENSES AFFECTING THE PUBLIC SAFETY.* 


See. 1551. Automobiles, horseless vehicles—speed limit.—No 
automobile, locomobile or horseless vehicle propelled by the use of electric- 
ity, gasoline or steam, by whatever name such vehicle may be known, wheth- 
er used for purposes of pleasure or business, shall be moved or propelled 
along, over or upon any public street, avenue, boulevard, or other public 
place, at a rate of speed exceeding eight miles per hour, and no such vehicle 
shall be moved or propelled in any public park of the city at a rate of speed 
to exceed six miles per hour. (Ord. 20536, sec. 1.) 


The State law of 1903 limiting the speed to nine miles an hour (Session Laws 
19038, p. 162-163, sec. 2) was held constitutional: State vs. Swagerty, 102 So. W. 
483 (Sup. Ct., May 14, 1907,). This act was in many respects repealed by the act 
of 1907 (Laws 1907, pp. 73-79.) By the latter the speed was limited in any event 
to 15 miles per hour, and six miles on intersecting streets, and to 8 miles in the 
business limits of a city, and 10 miles in other portions of the city, etc. The 
State law in many respects supplants the ordinances as to automobiles, etc. 


See. 1552. Same—penalty.—Any person violating any of the 
provisions of above section shall, on conviction, be subject to a fine of not 
less than five nor more than five hundred dollars. (J0b., sec. 2.) 


Sec. 1553. Automobiles to have identification numbers—re- 
quisites thereof.—That hereafter all automobiles operated in the City of 
St. Louis shall display identification numbers as herein provided. Such 
numbers shall be not less than five inches high and the line marking the 
numbers shall be white and be five-eighths of an inch wide at every point 
and such numbers shall be placed at least three-fourths of an inch apart. 
(Ord. 213863, sec. 1.) 


State law, see acts 1907, pp. 73-79, providing for numbering, licensing, giving 
right of way to other vehicles, lights at night, penalty, etc. And see State vs. 
Cobb; 113 Mo. App. 156, as to former act of 1903. 

As to ordinance requiring automobile licenses see R. C., 1811. 


*For offenses connected with use of streets and highways see R. C., Chap. IX, 
Art. XI, secs. 1208 e¢ seg. 


CHAP. 18.] OF OFFENSES AFFECTING THE PUBLIC SAFETY. S81 


See. 1554. Same—signs—numbers— plate—conditions. — All 
such numbers shall be painted on black or blue signs or plaques of wood, 
metal or leather, or directly on the machine itself, provided the machine be 
painted black at this particular place; and such signs or plaques shall be so 
attached to the machine that they will not sway in any direction independ- 
ently of the motion of such machine. The numbers shall be of Arabic nu- 
merals. The numbers to be displayed on said automobiles as herein pro- 
vided shall correspond with the number of the operating license-tag or plate 
issued to the owner of said automobile, providing further that a license- 
tag or plate bearing numbers and attached to the machine and lighted at 
night as herein provided may be used as a full compliance with the pro- 
visions of this ordinance. (Jb., sec. 2.) 


See. 1555. Same—where placed.—Such numbers shall be dis- 
played on the rear of the machine in plain sight as nearly as possible in 
the middle of the machine, and shall be low enough so as not to be hidden 
by the hood or any other obstruction on the machine. (Jb., sec. 3.) 


See. 1556. Same—lights to be carried. —All automobiles when 
in use on the streets shall have and keep a lighted lamp or lantern from 
sunset to day break which shall throw a red light directly to the rear of the 
machine and a white light on the numbers in such manner as to make such 
numbers plainly visible and legible. (J0., sec. 4.) 


Sec. 1557. Misdemeanor — penalty — forfeiture of license.— 
Any person, firm or corporation violating, disobeying, neglecting or refus- 
ing to comply with any of the provisions of the preceding four sections shall 
be subject, on conviction, to a penalty of not less than five nor more than 
twenty-five dollars for each offense and in the discretion of the mayor to a 
revocation of the automobile license of the person operating any automobile 
at the time of any violation of said sections. (Jb., sec. 5.) 


See note to sec. 1553 supra. 


Sec. 1558. Fast driving—loose or unguarded animals — 
cruelty to animals—misdemeanor, ete.—Any person who shall, in 
this city, ride or drive any animals in any highway, thoroughfare or public 
place, quicker than or beyond a moderate gait, or shall not slacken the pace 
of such animal or animals in approaching any crosswalk upon which any 
person may be in the act of crossing, or in the act of approaching or leaving 
a street car; or shall ride or drive any such animal so as to cause such ani- 
mal or any vehicle thereto attached, to come in collision with or strike any 
other object or other person, or shall leave any such animal standing in any 
public place without being fastened or so guarded as to prevent its running 
away, or shall turn any such animal loose in any thoroughfare, or shall in- 
humanely, unnecessarily or cruelly beat, injure or otherwise abuse any 
dumb animal, shall be deemed guilty of a misdemeanor. (M. C., sec. 1473.) 


At common law one who leaves a horse loose and unattended in a street is 
responsible for injuries done by its running away: Becker vs. Schutte, 85 Mo. 
ADD. 01; Go: 


As to cruelty to animals, see the more comprehensive provisions of R. C. sec. 
1607, et seg. 


Sec. 1559. Bells on animals prohibited—exceptions.— Any per- 
son who shall, in this city, ride or drive any animal with a bell or bells of 
any description attached thereto, shall be deemed guilty of a misdemeanor. 
This section shall not extend to strangers passing through the city, nor to 
the use of bells upon horses driven to sleighs or sleds, when there is snow 
upon the ground. (M. C., sec. 1474.) 


882 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


See. 1560. Sleighs without bells—prohibited. —- Any person who 
shall, in this city, drive any animal harnessed to a sleigh or sled, without a 
bell or bells attached to said animal, shall be deemed guilty of a misde- 
meanor. (M. C., sec. 1475.) 


Sec. 1561. Rules of the road on highways.—In all cases of 
persons meeting each other in vehicles in any highway or thoroughfare in 
this city, each person so meeting, shall turn off and go to the right side of 
the highway or thoroughfare, so as to enable such vehicles to pass each 
other without accidents; provided, however, that any person driving on any 
street or railroad track in the direction that the rail cars are running, shall 
be entitled to the right-of-way, on condition that he shall not impede the 
progress of any rail car running on said track. Any person who shall vio- 
late this section shall be deemed guilty of a misdemeanor. (M. C., sec. 1476.) 


Ord. 23068 (passed after the Rev. Code) provides for the paramount right of 
way of the ambulances of the Board of Health. 


Sec. 1562. Kite-flying—when prohibited.— Any person who 
shall, in any highway or thoroughfare of this city, fly a kite, or use any 
sport or exercise likely to scare horses, injure passengers, or embarrass the 
passage of vehicles, shall be deemed guilty of a misdemanor. (M. C., sec. 
1477.) 


See. 1563. Blasting— precautions required—Quarry exca- 
vations to be guarded.—<Any person who shall, in this city, near any 
street, alley, lane or other public thoroughfare, or near any public or private 
place, where people frequently pass and would be likely to be injured by 
such blasting, blast or cause to be blasted any rock without having the orifice 
in said rock, at the time of setting off the blast, properly covered with good 
sound plank or timber, or some other material of sufficient size and weight 
and so placed as to effectually prevent fragments of rock from ascending into 
the air, shall be deemed guilty of a misdemeanor. Whenever the excavation 
for any quarry shall approach the line of a street or alley, the person owning 
or operating said quarry shall build a retaining wall to support the surface 
of said street or alley, and if he fail to do so after ten days’ notice in writing 
by the street commissioner, he shall be deemed guilty of a misdemeanor. (M. 
C., sec. 1478.) 

See as to quarries requiring ordinance before being opened, R. C., secs. 625 
and 626. 


Sec. 1564. Ball-playing on highway prohibited.—Any person 
who shall, in this city, play at a game of ball upon any public highway, 
street or alley, shall be deemed guilty of a misdemeanor. (M. C., sec. 1479.) 


Sec. 1565. Purloining horse, ete., penalty.—Any person who 
shall, in this city, unhitech any animal or drive or ride off with any horse, 
horses or other animals, without the consent of the owner thereof, shall be 
deemed guilty of a misdemeanor. (M. C., sec. 1480.) 


Sec. 1566. Firearms loaded with powder and ball, forbid- 
den in theaters.—It shall be unlawful to discharge, use or employ any 
firearms loaded with powder and ball in any exhibition, theater or place of 
amusement in the City of St. Louis. The violation of this seetion shall con- 
stitute a misdemeanor, and the offender on conviction shall be fined not less 
than twenty-five dollars nor more than three hundred dollars for each of- 
fense. (M. C., sec. 1481.) 


Sec. 1567. Proprietor responsible.—The proprietor, conductor, 
manager, agent, or any other person having charge or direction of such ex- 


ART. IIT. ] OF OFFENSES AFFECTING THE PUBLIC SAFETY. 883 


hibition, theater, or place of amusement in the City of St. Louis, shall be 

held responsible and liable for any and all violations of the next preceding 

section happening at the places so under his charge to the same extent and 

effect as if he had personally done the things herein prohibited. (M. C., sec. 
1482.) 


Sec. 1568. Minors—conditions of sale to, of ammunition. 
—No person shall sell to any child under the age of sixteen years, without 
the written consent of the parents or guardian of such child, any cartridge 
of fixed ammunition of which any fulminate is a component part, or any 
gun, pistol or other mechanical contrivance arranged for the explosion of 
such cartridge, or of any fulminate. (M.C., sec. 1483.) 


Sec. 1569. Penalty.—Any person or persons violating any of the 
provisions of the next preceding section shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined in a sum not less than 
fifty dollars nor more than two hundred dollars. (M. C., see. 1484.) 


Sec. 1570. Bridges—rate of speed, in driving over. — It 
shall be unlawful for any person to drive any wagon, omnibus, carriage, 
buggy or vehicle of any kind, or any cattle or horses, or to ride on horse- 
back, at a faster rate of speed than that of a walk, over the Illinois and 
St. Louis bridge or any other bridge and their approaches within the cor- 
porate limits of the City of St. Louis; and any person who shall violate 
this section, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined five dollars for each and every offense. (M. C., sec. 1485.) 


Sec. 1571. Bridges—notice to be posted.—Said bridge com- 
pany or its owners or managers shall cause to be posted in one or more 
conspicuous places on said bridge or its approaches in the City of St. Louis, 
a Sign or signs, containing and setting forth in an abbreviated form the pro- 
visions of sections 1570, 1571 and 1572, and warning all persons to observe 
the same. (M. C., sec. 1486.) 


Sec. 1572. Bridges—to what ordinance applies.—The provi- 
sions of this chapter and all ordinances relating to misdemeanors shall ex- 
tend to any bridges and their approaches within the city limits, and the po- 
lice officers of this city, as well as any special officers of the bridges, shall 
have power to make arrests on said bridge within the city limits for all vio- 
lations thereof; provided, that the City of St. Louis shall not incur any ex- 
pense whatever attending the making of arrests under the provisions of 
sections 1570 and 1572. (M. C., sec. 1487.) 


See. 1573. Penalty.—Any person who shall violate or fail to comply 
with any of the provisions of this article, except as hereinbefore provided, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall 
be fined not less than five nor more than two hundred dollars. (M. C., sec. 
1488.) 


See. 1574. Cattle—hours for driving in streets. — Whoever 
Shall, in this city, between the hours of eight o’clock a. m. and nine o’clock 
p. m., during the months of November, December, January and February, 
and the hours of seven o’clock a. m. and ten o’clock p. m., during the months 
of March, April, May, June, July, August, September and October, drive 
or assist in driving, any horned cattle, along, through, across or upon any 


884 REVISED CODE OR GENERAL ORDINANCES. [CHAP 13: 


street; alley, lane, levee or other highway within the limits of the city, ex- 
cepting the public wharf north of North Market street and south of Barton 
street, and whoever, being the owner, driver, or other person having charge 
of cattle, who shall, between the hours aforesaid, through negligence or 
other cause, permit any steer, cow or bull to escape, go or be upon any 
street, lane, alley or other highway within said city, except that part of 
the public wharf above mentioned, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be punished by a fine of not less than five 
nor more than fifty dollars; but nothing in this section shall be so con- 
strued as to prevent farmers or others transferring during day-time, 
through any and all parts of the city, any milch cows accompanied by their 
calves, or prevent butchers or others from transferring cattle in droves of 
not over twenty-five in number from the stock yards, between the hours of 
half-past nine and half past eleven o’clock in the forenoon, and between the 
hours of one and four o’clock in the afternoon. (M. C., sec. 1489.) 


It is competent for a city having a charter authority to provide for the safety 
of the lives and property of the inhabitants, to regulate, by ordinance, the driv- 
ing of horned cattle through the streets: St. Louis vs. Rothschild, 3 Mo. App. 563. 


Sec. 1575. Cattle—regulations for driving.—Any person being 
in charge of, or exercising control over the cattle herein mentioned, who 
shall drive or permit to be driven along, through, across or upon any street, 
alley, lane, levee or other highway within the limits of the City of St. Louis, 
any drove of cattle more than fifty in number, or who shall permit the cattle 
in his charge or under his control to be driven within said city, at a rate of 
speed exceeding three miles per hour, or who shall drive or permit to be 
driven a drove of cattle nearer to any other drove than one ordinary city 
block, or who shall drive any horned cattle without having drivers or at- 
tendants therefor, as follows, viz.: One driver for ten head of cattle or 
less; two drivers for twenty-five head or more than ten; three drivers for any 
number over twenty-five and not to exceed fifty, or who shall drive or per- 
mit any hogs, sheep or other animals to go upon or across any sidewalk or 
grass plat adjacent to a sidewalk, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be punished by a fine of not less than 
five nor more than fifty dollars. (M. C., sec. 1490.) 


Sec. 1576. Police—duty ott shall be the duty of the police to 
aid and assist the city marshal in taking up and impounding any cattle 
driven through, across or upon the streets, alleys, levees or other highways 
within the city limits, contrary to the provisions of this article, which cat- 
tle shall be disposed of in accordance with the provisions of section 1578. 
(M. C., sec. 1491.) 


Sec. 1577. Preceding sections construed. 
preceding sections shall be so construed as to prevent the St. Louis, [ron 
Mountain and Southern Railway Company and river steamers, transferring 
during the day time, stock from their yards and boats, between Miller street 
and Park avenue, across the levee to the transfer boats; provided, also, 
that all yards located within three city blocks of the levee, shall have the 
right to have cattle driven or led from said yards to the levee, and along 
the levee to the point of destination, on the following described streets and 
none other: From Second street between Chouteau avenue and Sycamore 
street to Sycamore street, along Sycamore street to Main street, along Main 
street to Chouteau avenue, along Chouteau avenue from Main street to the 
levee; also from Broadway between Warren and Montgomery streets, along 
Broadway to North Market street, east on North Market street to Main 


ART. IV.] OF MISCELLANEOUS OFFENSES. 885 


street, south on Main street to Biddle, east on Biddle to the levee, and along 
the levee; from levee to Cass avenue, along Cass avenue to Second street, 
along Second street to North Market street, along North Market street to 
Hall street, thence north on Hall street. (M. C., sec. 1492.) 


Sec. 1578. Cattle, hogs, ete., estray—disposition of.—No 
goat or goats, or hogs of any description shall be permitted to run at large 
within the old limits of the city; and no cattle shall be allowed to run at 
large within the said old limits of the city. AIl cattle, goats, hogs or pigs 
found running within the limits from which they are hereby excluded shall 
be taken up by the city marshal and placed in some secure pen or pound, to 
be by him provided for that purpose. (M. C., sec. 1493.) 


Authority to restrain animals running at large and for persons to take up 
same and claim compensation, etc.: Laws Mo. 1877, p. 194, set forth Laws Appli- 
cable to St. Louis, Chap. 2, sec. 4-11; also Scheme, sec. 35; authority for city to 
regulate and prohibit running at large of animals: Charter, Art. III, sec. 26, 
clause 9. Such ordinances bind non-residents while within city limits, but are 
not intended to punish persons for an unavoidable escape where the owner uses 
due diligence: Spitler vs. Young, 68 Mo. 42, 45. See also Sherrell vs. Murray, 49 
Mo. App. 233; 2 R. S. 1899, secs. 4777-4793; held valid in State vs. Aubuchon, 8 Mo. 
App. 325; see also Schwarz vs. R. R., 58 Mo. 202, 209; Owens vs. R. R., 58 Mo. 386. 
Validity of similar ordinances, irrespective of fault of owner of animals, see 
Jeans vs. Morrison, 99 Mo. App. 208 and cases there cited; McVey vs. Barker, 92 
Mo. App. 498, 507 (distinguishing Spitler vs. Young, supra.) Power to prohibit 
horned cattle in streets: St. Louis vs. Rothschild, 3 Mo. App. 563. 


Sec. 1579. Impounded ecattle, ete., to be sold.—Whenever 
any cattle, goats, hogs or pigs are thus taken up, it shall be lawful for the 
city marshal, and it is hereby made his duty, to sell the same at auction, 
to the highest bidder, for cash, after having given five days’ notice, by ad- 
vertising in the newspapers doing the city printing, of the time and place 
of such sale; and the place of such sale shall be the city dog pound, and 
mode of such sale, by selling each animal separately; and the moneys aris- 
ing therefrom shall, after the expense of taking up and selling the same 
are deducted, be paid over to the owner or owners, on their proving to the 
city marshal that such cattle, goats, hogs and pigs belonged to them; but if 
no owner appear within thirty days after such sale, the said money, after 
deducting the costs aforesaid, shall be paid into the city treasury. (M. C., 
sec. 1494.) f 


See. 1580. Duty of marshal as to estrays.—It shall be the 
duty of the city marshal at all times to take up any and all cattle, goats, 
hogs or pigs running at large within the above described limits, and em- 
ploy two or more persons to aid him in carrying into effect the provisions of 
this article, whose compensation for taking up said animals shall not ex- 
ceed fifty cents per head. (M. C., sec. 1495.) 


Sec. 1581. Expenses—limitation of.—All expenses for taking up 
and selling cattle, goats, hogs or pigs shall not exceed two dollars per head. 
pat. C., sec. 1496.) 


ARTICLE IV. 
OF MISCELLANEOUS OFFENSES. 
See. 1582. Taking books, ete., from public library.—Every 


person who shall take from the public (free) library any book, pamphlet, 
periodical, paper or other property, except in accordance with the rules of 


886 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


such library, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine in the sum of not less than five dollars 
nor more than twenty-five dollars for each offense. (M. C., sec. 1497.) 


Sec. 1583. Failure to return books, ete., to library.—Every 
person who shall take or borrow from the public (free) library any book, 
pamphlet, periodical, paper or other property, and neglect to return the 
same within two weeks from the date of mailing a notice to his address, 
shall be deemed guilty of a misdemeanor, and on conviction thereof shall be 
punished by a fine in the sum of not less than one dollar nor more than ten 
dollars for each offense. (M. C., sec. 1498.) 


Sec. 1584. Mutilating and marking books, etec., of library. 
Every person who shall willfully and wantonly cut, mutilate, mark, tear, 
write upon, deface or otherwise destroy or injure in whole or in part, any 
book, pamphlet, periodical, map, document, picture, or written or engraved 
or printed paper, belonging to the public (free) library, or shall suffer any 
such injury to be inflicted while such property is in his custody, or shall 
wilfully or wantonly injure any of the furniture or property in the building 
of the library, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished by a fine in the sum of not less than five dol- 
lars nor more than one hundred dollars. (M. C., sec. 1499.) 


Sec. 1585. Fines to be paid to free library fund.—All 
fines collected under the three preceding sections of this article shall be paid 
over to the free library fund for the use of the library, and it shall be the 
duty of city attorneys promptly to prosecute all violations of said sections. 
(M. C., sec. 1500.) 


Sec. 1586. Spitting in public vehicle or public place prohibi- 
ted.—Spitting upon the floor, platform, sides or steps of any railroad or rail- 
way station, or railroad car, or street car, or upon the floor, platform, steps 
or walls of any public building, hall, church, theater, market, elevator in 
public or private building, or upon any sidewalk, or upon any walk in any 
park or public place, is hereby declared a misdemeanor. (Ord. 20990, sec. 1.) 


Sec. 1587. Same—penalty. —Any person violating the provisions 
of above section, upon conviction shall be deemed guilty of a misdemeanor 
and punished by a fine of not less than one dollar nor more than five dollars. 
(Ib., sec. 2.) 


Sec. 1588. Same—whose duty to enforce. —lIt shall be the duty 
of the police officers of the city to arrest any person found violating any of 
the provisions of section 1586; it shall be the duty of every street car con- 
ductor, janitor of a building, or any person in charge of any car, public 
building or public place, or park, to watch for and cause the arrest of any 
person violating any of the provisions of said section. (Jb., sec. 3.) 


Sec. 1589. Same—who to post copies of ordinance.—It shall 
be the duty of all persons having charge of railway or railroad stations, 
street cars, public platforms, halls, churches or theaters, to have a copy of 
sections 1586 to 1589 inclusive framed and posted in conspicuous places. 
(Ib., sec. 4.) 


Sec. 1590. Advertising matter, ete., not to be put on poles, 
etc., sidewalks, ete.—Any person or officer, agent or employe of any cor= 


ART. IV.] OF MISCELLANEOUS OFFENSES. 887 


poration or association, who shall stick, paint, brand, stamp, attach, hang 
or suspend, upon any house, fence or wall, without the consent of the owner, 
agent, or tenant thereof, or upon any pole used for the purpose of carrying 
electrical conductors, or upon any street or sidewalk pavement, or other 
public place, any printed, written, painted or other advertisement, bill, 
notice, sign or poster, shail be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than twenty-five dollars nor more 
than five hundred dollars for each and every offense, and any person or 
officer, agent or employe of any corporation or association, who shall aid, 
abet, advise or assist any other person in committing the offenses specified 
in this section, either before or after the fact shall be deemed an accessory 
thereto, and shall be punished as if he was the principal in such offense, 
whether the principal has been proceeded against or convicted or not, and 
in every such case shall be deemed guilty thereof, and upon conviction shall 
be fined not less than twenty-five dollars nor more than five hundred dollars 
for each and every offense. (M. C., sec. 1505.) 


Sec. 1591. Billboards—who may erect.—Any manager or pro- 
prietor of a permanent theater or any licensed bill poster in the City of 
St. Louis shall have authority to erect on any private property, where he 
can obtain permission from the owner or owners thereof, or any city prop- 
erty, provided the consent of the comptroller, approved by the mayor, has 
been first obtained, a billboard for advertising purposes. (M. C., sec. 1506.) 


See. 1592. License—to be obtained.—Said theatre manager or 
proprietor, or billposter, shail take out the usual license for billposting, 
and any person defacing, covering, or in any way mutilating the playbills 
or other advertisements displayed upon said boards, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, before the police justice, 
be fined not less than ten nor more than fifty dollars for each offense. (M. 
C., sec. 1507.) 


See. 1593. Shows—licenses, when granted.—Hereafter, before 
any license for any show or other exhibition whatever, or for the amuse- 
ment known as roundabout or flying horses, shall be granted to any person 
by the license collector, the person or persuns applying therefor shall ob- 
tain a written permit from the mayor and present the same to the license 
collector. (M. C., sec. 1508.) 


This section is duplicated by sec. 1606. 


Sec. 1594. Shows—evidence of moral character of required. 
—No such permit shall be granted by the mayor tu any person or persons 
whatsoever unless such person shall satisfy the mayor that no immoral, 
unlawful or improper business is intended to be carried on at such show or 
exhibition; and such permit, and also the license granted thereon, shall dis- 
tinctly describe and specify the character and nature of the show or exhibi- 
tion for which sucb permit and license is granted, and may designate the 
place at which such show or exhibition shall be carried on. (M. C., see. 
1509.) 


See. 1595. Shows—what business in connection with pro- 
hibited.—Any person or persons having obtained such permit or license, 
who shall carry on or transact or permit to be carried on or transacted, in 
their establishment, any other business, or at any other place than that 
Specified in such permit or license, or shall keep or carry on, or permit to 


888 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


be kept or carried on, upon their premises, any lottery, gift enterprise, game 
of chance or any unlawful business or proceeding whatever, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, be fined not less than 
one hundred dollars, and shall furthermore forfeit their license. (M. C., 


sec. 1510.) 


Lotteries prohibited by R. C., secs. 1533-1535. 


See. 1596. Licenses—when may be revoked.—A11 licenses 
granted under this article may be revoked by the mayor by his giving three 
days’ notice thereof to the party licensed, and said party shall thereupon be 
entitled to have an amount of money proportionate to the unexpired time 
of his license refunded to him, and the auditor is hereby authorized to draw 
his warrant upon the treasurer for the amount so due, payable out of the 
contingent fund. (M. C., sec. 1574.) 


Revocation of license under police power: See St. Charles vs. Hackman, 133 
Mo. 634; State vs. Simmons, 12 Mo. 268. 


Sec. 1597. Penalty for carrying on show after license 
revoked.—Any person holding a license, who shail carry on his show or 
exhibition, or amusement known as roundabout or flying horses, more than 
three days after the notice of the license being revoked as stated in the 
preceding section has been servd upon him, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, be fined not less than one hundred 
dollars. (M. C., sec. 1575.) 


See. 1598. Officer—personation of—interfering with duties 
of—penalty. —Whoever shall, in this city, falsely represent himself to 
be an officer of this city, or shall without being duly authorized 
by the city, exercise or attempt to exercise any of the duties, 
functions or powers of a city officer or member of the metropolitan police 
force; or shali hinder, obstruct, resist or otherwise interfere with any city 
officer in the discharge of his official duties; or attempt to prevent any such 
officer from arresting any person, or attempt to rescue from such officer any 
person in his custody, shall be deemed guilty of a misdemeanor. (M. C., 
sec. 1513.) 


See. 1599. Passengers—solicitation of—misdemeanor.—lIt 
shall be unlawful for any person or persons in any depot or upon a depot 
platform or in any railroad passenger depot in the City of St. Louis, or upon 
any wharfboat or steamboat at the wharf or harbor of the City of St. Louis, 
to solicit or cry out for passengers or baggage for any hotel, railroad, steam- 
boat or other place, or for the carriage of such persons or baggage in any 
wagon, hack, omnibus or other vehicle, and any person or persons so offend- 
ing shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined, before either of the police justices, in a sum not less than 
five nor more than one hundred dollars for each and every such offense. 
(M. C., sec. 1514.) 


Sec. 1600. Carriages for passengers—places for location of. 
—Hacks, carriages, cabs and coupes, express and baggage wagons, omni- 
bus, hotel coaches and all other vehicles used in the transportation of pas- 
sengers or baggage for hire, are hereby authorized and empowered to do 
business at the following places: On the south side of Poplar street, from 
the west line of Tenth street west to a point two hundred and eleven feet 
east of the east line of Twelfth street, and on the east and west side of 


ART, IV.] OF MISCELLANEOUS OFFENSES. 889 


Eleventh street from the south line of Spruce street to the north line of 
Poplar street. (M. C., sec. 1515.) 


This represents the boundary of the old Union Station and is now obsolete. 


See. 1601. Posting of sections of article required.—All 
railroad companies having passenger depots in the City of St. Louis and all 
wharfboat companies having wharfboats at wharf and harbor of the City 
of St. Louis, and all captains of regular steamboat packets plying regularly 
between the port of St. Louis and elsewhere, shall have printed copies of 
this and the next two preceding sections posted up in at least three con- 
spicuous places in every such depot, wharfboat or steamboat, and a failure 
to do so shall be deemed a misdemeanor, and upon conviction thereof, the 
superintendent or agent or captain thereof shall be fined as provided for 
in section 1599. (M. C., sec. 1516.) 


Sec. 1602. Defacing or damaging property, trees, buildings, 
ete., penalty—duty of police.—Any person or persons who shall de- 
face or damage any building or buildings, fence, sign, tree, tree-box, lamp- 
post or other property in the City of St. Louis, belonging to said city, or 
any property holder thereof, either by cutting, breaking, daubing with paint 
or other substances, marking with chalk, or the hitching of horses or other 
animals to a tree or tree-box, or in any other way or manner defacing, tear- 
ing down or injuring such property, shall be deemed guilty of a misde- 
meanor and upon conviction thereof, be fined not less than five nor more 
than fifty dollars; and it is hereby made the special duty of the police to 
enforce the provisions of this section; and with that view the board of po- 
lice commissioners are requested to deliver a copy of this section to every 
police officer in their department. (M. C., sec. 1517.) 


Sec. 1603. Removing or depositing articles from premises 
prohibited.—It shall be unlawful for any person, without the consent of the 
owner or his agent, to enter on any inciosed or improved real estate, lot or 
parcel of ground in the City of St. Louis, or to deposit thereon, or remove 
therefrom any material, substance, earth, dirt, ashes, refuse, turf or other 
article or thing whatsoever. Any person violating the provisions of this 
section shall be deemed guilty of a misdemeanor, and upon conviction thereof 
be fined in a sum not less than ten dollars, nor more than one hundred dol- 
lars for each offense. (M. C., sec. 1518.) 


Under the above section one can not be held liable for a trespass committed in 
a building, since its provisions apply to lands, and not buildings: St. Louis vs. 
Babcock, 156 Mo. 154. 


Sec. 1604. Rag picking without a permit forbidden.—No 
person shall, without first procuring a permit from the police commission- 
ers, engage in picking or gathering rags, paper or other articles, and such 
persons shall wear a badge or number and be regularly enrolled. Said per- 
mit shall not be construed to authorize the holder to deal in metal, and upon 
any violation of the terms thereof it shall be reclaimed by the police. Any 
person violating this section shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, be fined not less than five nor more than fifty dol- 
lars. (M. C., sec. 1519.) 


Sec. 1605. Junk shops—regulation of.—Any person or persons 
engaged in buying or selling old junk, old lead, metal or any article usually 
found in old junk shops, and having no stand or place of business, shall pay 


890 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


a license of twenty dollars per annum, and in addition thereto a license of 
twenty dollars for each and every cart or wagon more than one by him used, 
and said license to be given only on such persons satisfying the license col- 
lector that he is a fit and proper person to receive the same, and any person 
or persons so dealing having a stand or place of business shall pay a license 
of fifty dollars per annum, and in addition thereto a license of twenty dol- 
lars for each and every cart or wagon by him used; and any one carrying on 
said business without a license shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, be fined not less than five nor more than one 
hundred dollars. Any person or persons carrying on said business shall 
keep a register of names and residence of ali parties from whom they pur- 
chase old lead, iron, lead pipe, books or any article whatever, new or second 
hand. Said register shall be kept open for the examination of the police 
or any citizen. Any owner or keeper of said business failing to keep such 
register shall be deemed guilty of a misdemeanor and, upon conviction there- 
of, shall be fined not less than five nor more than fifty dollars. It shall not 
be lawful for any one engaged in said business to buy or receive any prop- 
erty from any minor without the written consent of the parent or guardian 
of said minor. Should any controversy arise respecting the ownership of 
any property alleged to have been purchased by such person, the burden of 
proof shall be on said person to prove the name anu residence of his vender. 
The provisions of this section shall apply to keepers of second hand shops 
and plumbers who may deal in the articles mentioned herein. (M. C., sec. 
1520.) 


Sec. 1606. License for any show, roundabout, ete.—permit. 
—Hereafter, before any license for any show or other exhibition whatever, 
or for the amusement known as roundabout or flying horses, shall be grant- 
ed to any person by the license collector, the person or ‘persons applying 
therefor shall obtain the written permit from the mayor, and present the 
same to the license collector. (M. C., sec. 1521.) 


This section is a duplicate of section 1593. 


Sec. 1607. Cruelty to animals—penalty for.—Any person who 
shall in this city overdrive, overload, drive when overloaded, ill-treat, tor- 
ture, torment or unnecessarily or cruelly beat or needlessly mutilate, or 
kill, or cause or procure to be overdriven, overloaded, driven when over- 
loaded, ill-treated, tortured, tormented or unnecessarily or cruelly beaten, 
or needlessly mutilated or killed, as aforesaid, any dumb animal, shall, for 
every such offense, be deemed guilty of a misdemeanor, and on conviction 
shall be fined not less than twenty dollars nor more than one hundred dol- 
lars for each offense. (M. C., sec. 1522.) 


See also R. C., sec. 1558. The City of St. Louis has authority under the gen- 
eral welfare clause to enact this ordinance, although the same acts be misde- 
meanors under the statute: St. Louis vs. Schoenbusch, 95 Mo. 618. An ordinance 
fixing the maximum load of a two-horse team and wagon and prescribing a pen- 
alty against the contractor employing such team for exceeding such maximum 
is not void on the ground of partiality: Kansas City vs. Sutton, 52 Mo. App. 398. 
Under the State statute the intent with which cruelty is inflicted on an animal 
is immaterial, provided the act itself was willful and not accidental: State vs. 
Hackfath, 20 Mo. App. 614. But evidence that the horse was overdriven, does not 
warrant a conviction under this section in the absence of proof that the over- 
driving was willful and not accidental: State vs. Roche, 37 Mo. App. 480. 


Sec. 1608. Humane society—half what fines to be paid to. 
—One-half of all fines and penalties imposed for the violation of the next 
preceding section or any amendment thereto, or similar ordinance hereafter 


PART. LV 2) OF MISCELLANEOUS OFFENSES. 891 


enacted, shall, when paid and received into the city treasury, be the property 
of and belonging to the Humane Society of Missouri, and on the first days 
of January, ‘April, July and October of each year, the auditor shall draw 
his warrant on the treasurer, in favor of said Humane Society, for the 
amount of said fines and penalties as aforesaid, received into the treasury 
during the preceding three months, and deliver the same to the treasurer of 
said society. (M. C., sec. 1523.) 


Special police officer for Humane Society: R. S. Mo. 1899, sec. 6168 (State 
Laws for St. Louis, ante p. 182, sec. 459); Humane Society may establish drinking 
fountains: Rev. Code, sec. 275. 


See. 1609. Substances injurious to animals not to be 
thrown on streets—penalty. —It shall be unlawful for any person to 
cast or place on the public streets, alleys or thoroughfares any stone, glass, 
iron, nails, wire or other metal or other substance whereby horses or mules 
or other quadrupeds or persons or vehicies may be injured. Any person vio- 
lating the provisions of this section shall be deemed euilty of a misde- 
meanor, and upon conviction thereof, shall be fined not less than five nor 
more than fifty dollars for each and every offense. (M. C., sec. 1524.) 


Sec. 1610. Tying legs of calves and sheep forbidden.—It 
shall not be lawful for any person to confine calves or sheep by tying their 
legs, or in any way confine them in close boxes, or otherwise, or to have in 
their possession any calves or sheep so. confined excepting while conveying 
them to and from market or places of business. Any person violating this 
section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than five dollars. (M. C., sec. 1525.) 


Sec. 1611. Molestation of birds forbidden.—All persons are 

forbidden to molest, injure or disturb in any way any small bird in the 

ity of St. Louis, or the nest, young or brood of any small bird in said city. 
( M. C., sec. 1526.) 


Sec. 1612. Penalty for molestation of birds.—If any person 
shall willfully injure, molest, take or disturb in any way any small birds, 
except sparrows, in the City of St. Louis, or the nest, eggs, young or brood 
of any such small bird, except sparrows, he shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall forfeit and pay to said city 
not less than five dollars for each bird so by him injured, moiested, taken 
or disturbed, and not less than twenty dollars for each nest of eggs or brood 
of young of any such small bird in the City of St. Louis, so by him injured, 
molested, taken or disturbed. (M. C., sec. 1527.) 


See. 1613. Stones, ete., throwing of on street—penalty. 
—No person shall throw from his hand any fragment of stone, wood, metal 
or other missile capable of inflicting injury in any street, alley, walk or 
park of the City of St. Louis, or use or have in his possession ready for use 
in any street, alley, walk or park of the City of St. Louis, any sling, cross 
bow and arrow, air-gun or other contrivance for ejecting, discharging or 
throwing any fragment, bolt, arrow, pellet, or other missile of stone, metal, 
wood, or other substance capable of inflicting injury or annoyance. (M. C., 
sec. 1528.) 


Sec. 1614. Stones—thrown in street—penalty.—If any person 
shall throw from his hand, in any alley, street, walk or park of the City of 


892 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


St. Louis, any missile of wood, stone, metal or other substance, or sub- 
stances, capable of inflicting injury or annoyance, or use or have in his pos- 
session ready for use, in any street, alley, walk or park of the City of St. 
Louis, any sling, air-gun, cross bow and arrow, or other contrivance for 
ejecting, discharging or throwing any missile, pellet, fragment or bolt of 
stone, metal, wood or other substance or substances, capable of causing in- 
jury or annoyance, he shall be deemed guilty of a misdemeanor, and on con- 
viction thereof, be punished by a fine of not less than one nor more than 
twenty dollars for each offense. (M. C., see. 1529.) 


Sec. 1615. Birds—what covered by ordinance.—The birds in- 
tended to be protected by the next four preceding sections, ‘shall be and are 
defined as all varieties of birds, except hawks, sparrows, vultures and owls. 
(M. C., sec. 1530.) 


Sec. 1616. Police—special duty of.—It is the special duty 
of the police force of the City of St. Louis, to enforce the provisions of the 
next five preceding sections, and arrest and bring to trial all offenders 
against the same; and any member of the police force conniving at any 
breach of the provisions specified in the said next five preceding sections, 
by failing to arrest or report the offender, shall, on conviction thereof, be 
subject to a fine of not less than five dollars. (M. C., sec. 1531.) 


[Sec. 1617. Minors forbidden from getting on street cars 
while in motion—penalty.—No minor under the age of fifteen years 
shall get on or attempt to get on any street car fender, or in any way attach 
himself or herself to any street car, or get on or oif the same while such car 
is in motion. Any person who shall violate auy ot the provisions of this 
section shall be deemed guilty of a misdemeanor, and shall, upon conviction 
thereof, be-fined not more than ten dollars for each and every offense.] (M. 
C., sec. 1532.) 

This ordinance (Rev. Code, sec. 1617) was repealed by ordinance No. 22575, 
app. Oct. 2, 1906, (after the submission to the assembly of the Revised Code, 


hence too late to be omitted therefrom). For street-car regulations see Rev. 
Code, Ch. 23, Art. VI, sec. 1864. Getting on fenders forbidden: R. C., sec. 1876. 


See. 1618. Unauthorized vehicle or dog license tag—misde- 
meanor—penalty.—Any person making use of or having in his possession 
any vehicle license plate or dog license tag or plate not procured at the office of 
the license collector of the City of St. Louis, or making use of or having in 
his possession a stolen or counterfeit vehicle license plate or dog license tag 
or plate, shall be guilty of a misdemeanor and upon conviction thereof shall 
be subject to a fine of not less than ten dollars nor more than five hundred 
dollars for every such offense. (M. C., see. 20578.) 


As to dog license see R. C., see. 1687-1639; as to vehicle license plates see 
a O Ae Se crate, 


ARTICLE V. 
SMOKE AND SMOKE ABATEMENT.* 


*The present ordinances are in pursuance of Laws 1901, pp. 73-74; this act 
was sustained fully by the Supreme Court in State vs. Tower, 185 Mo. 79, as ap- 
plicable to the City of St. Louis, and the right of the legislature to declare 
smoke as a nuisance although not such at common law per se, fully maintained, 


a 


ART. IV.] SMOKE AND SMOKE ABATEMENT. 893 


(see this act ante page 209, “State Laws for St. Louis,’ Chap. .30, sec. 569-571 
and cases) distinguishing Heitzeberg vs. Packing Co., infra. 


The former smoke ordinance (when there was no state law or charter pro- 
vision permitting same to the city) was held void as unreasonable in St. Louis 
vs. Heitzeberg Packing Co., 141 Mo. 375; this case held that smoke alone was 
not a nuisance per se at common law, nor is it so declared by statute, and the 
city cannot declare that to be a nuisance which is not so in fact, and since the 
ordinance declared the emission of smoke into the air a nuisance irrespective of 
quantity and length of time it was unreasonable and void. See cases cited in the 
opinion. 


ra) Ordinances 20583 and 20802 both enact in the respective first sections thereof, 
the provision herein appearing as the first sentence in sec. 1619, but the other 
parts of those ordinances differ, as appears from the sections succeeding. 


As to when smokestacks are nuisances see Whalen vs. Keith, 35 Mo. 87; Bank 
vs. Kennett, 101 Mo. App. 370. It is held that a statute may declare emission of 
thick black or grey smoke from chimneys a nuisance fer se and punish the act 
as an offense: See Moses vs. U. S., 16 ADD Cote. ae RewAn bozeand -discus= 
sion and citation of authorities in the opinion. 


Engines and locomotives using the Poplar street track must be so constructed 
as to prevent offensive or dangerous emission of smoke or cinders by R. C., 
sec. 1859. 


See. 1619. Dense smoke a public nuisance—who responsible 
for emission of smoke and when owners, agents, etc., of build- 
‘ings.—The emisson or discharge into the open air of dense smoke within the 
corporate limits of the City of St. Louis, is hereby declared to be a public 
nuisance. The owners, lessees, occupants, managers or agents of any build- 
ing, establishment or premises from which dense smoke is so emitted or dis- 
charged, shall be deemed guilty of a misdemeanor, and, upon conviction 
thereof, in any court of competent jurisdiction, shall pay a fine of not less 
than twenty-five dollars nor more than one hundred dollars. And each and 
every day whereon such smoke shall be emitted or discharged shall consti- 
tute a separate offense; provided, however, that in any suit or proceeding 
under this section it shall be a good defense if the person charged with the 
violation thereof shall show to the satisfaction of the jury or court trying 
the facts, that there is no known practicable device, appliance, means or 
method by application of which to his building, establishment or premises, 
the emission or discharge of the dense smoke complained of in that proceed- 
ing could have been prevented. (Ord. 20583, part of sec. 1501.) 


The first clause of ord. 20583, making emission of smoke a nuisance, is the 
same as sec. 1 of ord. 20802, and hence is not duplicated here. This ord. repeals 
Mun. Code, sec. 1501-1504 inclusive, substituting other sections in lieu thereof. 
See also preceding note. 


Sec. 1620. Same—steamboat—locomotive—exce ption —The 
owners, lessees, occupants, managers or agents of any steamboat, tug, or 
other water craft, or locomotive engine from which dense smoke is emitted 
or discharged within the corporate limits of St. Louis to the damage, in- 
jury, annoyance or detriment of any portion of the inhabitants of said city, 
or to the damage, injury, annoyance or detriment of any person or persons 
within said city, or to the damage, injury 6r detriment of any property 
within said city, shall be guilty of a misdemeanor and upon conviction 
thereof in any court of competent jurisdiction shall pay a fine of not less 
than twenty-five dollars nor more than one hundred dollars. And each and 
every day whereon such smoke shall be emitted or discharged shall consti- 
tute a separate offense; provided, however, that in any suit or proceeding 
under this section it shall be a good defense if the person charged with the 
violation thereof shall show to the satisfaction of the jury that there is no 
known practicable appliance, device, means or method by application of 


894 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18 


which to his steamboat, tug or other water craft or locomotive engine, the 
emission of the dense smoke complained of in the proceeding could have 
been prevented. (Ord. 20802, sec. 2.) 


See. 1621. Smoke abatement department.—In order to carry out 
the provisions hereof and the provisions of the act of the general assembly 
of the State of Missouri relating to smoke abatement in cities of one hun- 
dred thousand inhabitants, approved March twenty-first, nineteen hundred 
and one, there is hereby created a department to be known as the Smoke 
Abatement Department of the City of St. Louis. (Ord. 20583, sec. 1502.) 


Sec. 1622. Smoke inspector and deputy inspectors.—For the 
purpose of carrying out the work of the Smoke Abatement Department the 
mayor is hereby authorized to appoint, subject to confirmation of a ma- 
jority of the members of the council, a chief smoke inspector and such dep- 
uty smoke inspectors, not to exceed five in number, as may in the judgment 
of the mayor be necessary, to properly perform the work of the Smoke 
Abatement Department. (Ord. 20583, sec. 1503.) 


Sec. 1623. Same—tenure.—Said smoke inspector and deputy 
smoke inspectors shall hold their respective positions during the pleasure 
of the mayor. (Ord. 20583, sec. 1504.) 


Sec. 1624. Same—record of appointment and removal of in- 
spectors—certificate of authurity.—The appointments and remov- 
als of smoke inspectors under the provisions hereof shall be made matter of 
official record. [Each smoke inspector when appointed shall be furnished 
with a certificate or written evidence of his appointment signed by the 
mayor, which certiticate or written evidence such smoke inspector shall ex- 
hibit if required by any person upon whose premises he proposes to enter 
for purposes of inspection. (/b., sec. 1504a.) 


See. 1625. Sam e—salaries. —For all services contemplated by the 
provisions hereof the chief smoke inspector shall receive from the city com- 
pensation at the rate of one hundred and fifty dollars per month, and each 
of said deputy smoke inspectors shall receive compensation at the rate of 
one. hundred dollars per.month, all payable monthly at the expiration of each 
month. (Ord. 21422, amending ord. 20583, sec. 1504b.) 


Sec. 1626. Hours of smoke inspectors—removal by mayor. 
Said chief smoke inspector and deputy smoke inspectors shall devote on 
each day to the discharge of their duties at least the number of hours pro- 
vided by section eleven of article four of the City Charter, and for failure . 
to do so or for any, other reason satisfactory to the mayor they may be re- 
moved by him at any time. (Ord. 20583, sec. 1504c.) 


Sec. 1627. Chief smoke inspector controls department—re- 
ports by inspectors to mayor.—Under the supervision of the mayor 
the chief smoke inspector shail direct and control the work of the Smoke 
Abatement Department and the deputy smoke inspectors and shall furnish 
the mayor with reports and information whenever he shall be required to do 
so, as herein provided. (J/b., sec. 1504d.) 


Sec. 1628. Powers and duties of chief and deputy inspectors 
—reports of deputies.—Said chief smoke inspector and said deputy 
smoke inspectors are hereby authorized in the performance of their duties 
to enter at all reasonable hours, upon and into any and all buildings, estab- 


ART. VI.] OF VAGRANTS. 895 


lishments, premises and enclosures, in or from which they may believe that 
the provisions hereof, or the said act of the general assembly of Missouri, 
has been or is being violated; and to inspect or examine such buildings, es- 
tablishments, premises or enclosures in order to ascertain whether or not 
there is any known practicable device, appliance, means or method by the 
application of which to said building, establishment or premises the emis- 
sion or discharge of dense smoke therefrom into the open air could have 
been or can be prevented. Said chief and deputy smoke inspectors shall 
collect and preserve evidence of all facts touching violation of this article, 
or said act of the general assembly, and said deputy smoke inspectors shall 
make reports of their examination and investigation to the chief smoke in- 
spector at such times and in such manner as the mayor or chief smoke in- 
spector may direct. (J/b., sec 1504e.) 


Sec. 1629. Police department to assist in smoke abatement. 
It is hereby made the duty of all patrolmen and officers of the police force 
of the city to assist said smoke inspectors in the performance of their duties 
and to report to the chief of police all violations of the laws directed against 
the emission of dense smoke coming to their knowledge. (J/b., sec. 1504f.) 


Sec. 1630. Same—chief of police to report to smoke in- 
spector.—When reports of violations of the law are made to the chief of 
police by patrolmen and officers of the police force it shall be the duty of 
said chief of police, and as soon as practicable after such reports are re- 
ceived by him, to report such violations to the chief smoke inspector, whose 
duty it shall be to consider the same without delay. (JD., sec. 1504g.) 


Sec. 1631. Interference with inspectors misdemeanor—pen- 
alty.—Any person who shall interfere with any of the smoke inspectors here- 
inbefore provided for in the discharge of their duties, or shall hinder or pre- 
vent any of said inspectors from entering into or upon, or from inspecting 
any buildings, establishments, enclosures or premises in the discharge of 
their duties, shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be subject to a fine of not less than twenty-five dollars nor 
more than one hundred dollars for each offense. (J/0b., sec. 1504h.) 


ARTICLE VI. 
OF VAGRANTS. 


See. 1632. Vagrant defined.—A vagrant under the meaning and 
provisions of this article shall be deemed to be: 


First.—Any male or female person over the ages of fourteen and sixteen 
(females fourteen and males sixteen) years, whom there is reason to believe 
live idly, without proper and diligent effort to procure employment, and 
without any visibie means to maintain themselves, and without any settled 
place of abode, and are of vicious character and depraved habits, or who 
shall be found loitering or rambling abroad, or wandering and lodging in 
groceries, tippling houses, beer houses, out houses, bawdy houses, houses of 
bad repute, sheds, stables, market houses, lumber yards, or in the open air, 
or who shall be found trespassing on the private premises of others and not 
give a good account of themselves, or who shall be found begging or going 
from door to door begging. or appearing in any street, thoroughfare, or 
other public place, begging or receiving alms. 


896 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


Second.—Any male or female person who shall be the keeper, propri- 
etor or exhibitor of any gaming table or device, or gamblers, or who shall 
be any assistant or attendant at any such gambling table or device. 


Third.—Any person who, for the purpose of gaming or gambling, trav- 
els about from place to place, or frequents steamboats or other vessels at 
the wharf of the city, or railroads, or goes from place to place in this city 
for that purpose. 


Fourth.—Any person upon whom shall be found any instrument or 
thing used for the commission of burglary, or for picking locks or pockets, 
and who shall fail to give a good account of the possession of the same. 


Fifth.—Any person who shall be found engaged in pigeon dropping, as 
hereinafter defined. 


Sixth.—Any person who, having once been convicted of being a va- 
grant, or who has the reputation of being a vagrant, shall be found in the 
possession of any Mexican puzzle, patent safe, strap, thimble and balls, or 
any other instrument or device used for pigeon dropping. 


Seventh.—Any prostitute, courtesan, bawd or lewd woman, or any fe- 
male inmate of any bawdy house, or house of prostitution or assignation, 
brothel, or house of bad repute, who shall be found wandering about the 
streets in the night time, or frequenting dram shops or beer houses, or any 
female who shall be found employed as a beer carrier, either in day or night 
time, or who may be found employed in singing or dancing in any such 
house or place. 


Kighth—_ Any male or female person who shall knowingly associate 
with persons having the reputation of being thieves, hurglars, pickpockets, 
pigeon droppers, bawds, prostitutes or lewd women, or gamblers, or any 
other person, for the purpose or with the intent to agree, conspire, com- 
bine or confederate: first to commit any offense; or second, to cheat or de- 
fraud any person of any money; or third, to cheat or defraud any person of 
any money or property by any means which, if executed, would amount to 
a cheat or to obtaining money or property by false pretenses: or fourth, to 
commit any act injurious to the public morals, or for the perversion or ob- 
struction of justice, or the due administration of the laws or ordinances; 
or fifth, who lodges in or frequents houses or other places having the repu- 
tation of being the resort of thieves, burglars, pickpockets, pigeon droppers, 
bawds, prostitutes or lewd women, or gambling houses, or places for the 
reception of stolen property. (M. C., sec. 1533.) 


Under that part of clause referring to trespass “without giving a good ac- 
count” there can be no conviction if defendant can give a good account of him- 
self: St. Louis vs. Babcock, 156 Mo. 148. 


As to clause seventh, see a somewhat similar ordinance, R. C., sec. 1518 and 
note thereto. 


The eighth clause is unconstitutional and void, because an invasion of per- 
sonal liberty; no legislative body in this country has power ‘‘to choose for our 
citizens whom their associates shall be’ and ‘human acts and agencies have not 
vet arrived at such a degree of perfection as to be able without some overt act 
done, to discern and to determine by what intent or purpose the human heart is 
actuated’: Ex parte Smith, 135 Mo. 223, 227-228, citing St. Louis vs. Roche, 128 
Mo. 541, and overruling St. Louis vs. Fitz, 53 Mo. 582. 


The first clause of the ordinance was held to be unconstitutional and void by Judge 
Allen of the St. Louis circuit court, in so far as permitting a conviction for merely id- 
ling, in case No. 44628a, In re Knox. AndaState statute authorizing an alleged vag- 
rant not convicted of crime to be hired out to involuntary servitude ona verdict of 
vagrancy by a justice of the peace jury is void as violative of State and Federal 


ART. VII.] OF DOGS. 897 


Constitution: In re Thompson, 117 Mo. 83. Where a municipal charter gives 
power to “regulate the police” of the city, it authorizes an ordinance to punish 
vagrants, and it does not conflict with the general law concerning vagrants: St. 
[louis vs. Bentz, 11 Mo. 61; a fortzor¢t where the charter gives express authority 
to restrain and punish vagrants and to define who shall be such: Kansas City 
vs. Neal, 49 Mo. App. 72. 


See. 1633. Pigeon dropping defined.—Pigeon dropping, under 
the meaning and intent of this article, shall be deemed the winning or ob- 
taining money or property, or things representing money or property, by 
its being bet or staked on any game, instrument, contrivance or device, 
under the control of any person concerned in the game, bet or stake, or of 
any confederate of such person, and so contrived and constructed that the 
result of any game, bet or stake, can be determined by either of such per- 
sons, or the borrowing of money or property, or anything representing 
money or property, to be bet on any such games, instrument, contrivance 
or device, or the inveigling, enticing or persuading any persons to be let 
or lend money or property, or anything representing money or property 
to be bet or staked on any such game, instrument, contrivance or device, 
or borrowing money or property on petitions or worthless notes, checks or 
drafts, or having them in their possession for a fraudulent purpose. (M. C., 
sec. 1534.) 


Sec. 1634. Joint trials—when.—Two or more persons found act- 
ing together or in concert for the purpose of pigeon dropping, may be tried 
jointly. (M. C., sec. 1535.) 


Sec. 1635. Vagraney—on charge of—what evidence com- 
petent.—On the trial before the police justice of any person charged with 
being a vagrant, it shall be lawful for the city to introduce testimony as to 
the character and reputation of the defendant, touching any of the matters 
set forth in section 1632, and the defendant may resort to testimony of a 
like nature for the purpose of disproving said charges. (M. C., sec. 1536.) 


Sec. 1636. Vagrancy—penalties upon conviction.—Any person 
who shall be convicted of being a vagrant, under the provisions of section 
1632 shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
be fined as follows: If under the first clause, not less than ten nor more 
than one hundred dollars; if under the second or third clauses, not less 
than one hundred nor more than five hundred dollars; if under the fourth, 
fifth, sixth, eighth or ninth clauses, five hundred dollars; and if under the 
provisions of the seventh clause, not less than ten nor more than fifty dol- 
lars, and the police justice may, in addition, require the defendant to give 
a bond to the City of St. Louis, with good and sufficient security in a pen- 
alty of five hundred dollars, conditioned that said defendant will, for the 
space of six months next ensuing the execution of said bond, be of good 
behavior towards all citizens, and in default thereof it shall be the duty of 
the police justice to commit said defendant to the workhouse, until such 
security be given, not exceeding six months. (M. C., sec. 1537.) 


ARTICLE VII. 


OF DOGS. 


Sec. 1637. Dogs—not permitted in city unless tax paid. 
No dog shall be permitted to be and remain within the limits of the city 


898 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 18. 


unless the owner thereof shall have caused such dog to be registered and 
the tax imposed by this article to be paid. (M. C., sec. 1538.) 


A city has power to impose a fine upon a person for Keeping a dog 
within its limits without having obtained a license to do so, in violation of the 
city ordinances: Carthage vs. Rhodes, .101 Mo. 175. 


Sec. 16388. Amount of tax.—The tax on every dog in the City of St. 
Louis shall be one dollar per year, payable to the license collector for the 
use of the city. (Ord. 20442, amending M. C., sec. 1539.) 


See. 1639. Tax plates to be 
nually procure such number as may be required of metallic plates of con- 
venient size and shape, the shape to be changed every year, and having cast 
thereon in raised letters, the respective letters “C. T. P.” and the figures 
indicating the year for which the tax has been paid; and he shall also cause 
to be prepared printed blanks, bound in book form and arranged in such 
manner that one certificate can be cut out and a stub or duplicate thereof 
left in the book, and the register shall, on or before the first day of January 
in each year (or as soon thereafter as may be), deliver to the comptroller 
the metallic plates aforesaid, and also an equal number of blank certificates, 
with stub or duplicates, as aforesaid, signed by the register, and shall 
charge the comptroller therewith; the comptroller shall deliver and charge 
such plates and certificates to the license [coilector] commissioner, and the 
license [collector] commissioner shall account to the comptroller for every 
plate and certificate so furnished to him. (M. C., sec. 1540.) 


Under act of 1901 creating the office of license collector, the duties and powers 
of the license commissioner. are imposed upon the license collector; the act, in 
effect, abolishes the office of license commissioner, Laws 1901, pp. 80-82. As to 
penalty for unauthorized dog license plate see R. C., sec. 1618. 


Sec. 1640. Delivery of tax plates—certificate.—In every case 
wherein_application shall be made to the license [collector] commissioner 
for a license for any dog, that officer shall deliver to the applicant a metallic 
plate having the number corresponding with that of the license stamped 
thereon, and shall also deliver to such party a certificate from the book 
furnished to him by the comptroller, which said certificate as well as the 
margin or part thereof remaining in the book after cutting out the cer- 
tificate shall contain the number of the license, the year for which the same 
is granted, the name and residence of the owner of the dog, and the sex, and 
a correct description of the dog for which the license is paid, and the 
amount of tax paid therefor. (M. C., sec. 1541.) 


Sec. 1641. shall be the duty of the owner 
of every registered dog to put around the neck of such dog a collar not less 
than three-quarters of an inch in width, to which shal! be attached with a 
metallic fastening the metallic plate aforesaid. (M. C., sec. 1542.) 


Sec. 1642. When dogs 
of the city marshal and his deputies and assistants to take up and impound 
in a suitable place—of the location of which place he shall give notice by 
posting a card or notice in some conspicuous place in his office, and by 
posting a similar card or notice in the office of the license |colector] com- 
missioner—all dogs found in the City of *t. Louis without a collar around 
their neck, marked as herein provided, or which may be found running or 
being at large unmuzzled, contrary to the provisions of any order issued by 
the board of health, as hereinafter provided in section 1644 shall be im- 
pounded. (M. C., sec. 1548.) 


te 


ART. VII.] OF DOGS. 899 


Sec. 1643. Penalty for failure to pay tax.—Every owner of 
a dog, and every person who shall suffer or permit a dog to remain upon any 
premises under his immediate control without having caused such dog to be 
registered and the tax thereon to be paid as provided by this article, shall 
be guilty of a misdemeanor, and fined not less than five nor more than fifty 
dollars. (M. C., sec. 1544.) 


See. 1644. Dogs—running at large, when prohibited.— 
Whenever the board of health shall deem it necessary, on account of the 
prevalence of hydrophobia, or for sanitary purposes, it shall be their duty to 
make an order prohibiting for a certain time, all dogs from running at 
large on any street or other public place in this city, unless such dog be 
securely muzzled or led by a line, so as to effectually prevent them from 
biting any person or animal, which order shall be published in the papers 
having the contract for the city printing, and all dogs found running at 
large unmuzzled, contrary to the provisions of such order, shall be taken 
up and impounded as in section 1642 provided; and all dogs taken up and 
being impounded for being at large in violation of such order, may, if the 
owner satisfy the city marshal, by his own oath or other testimony, that 
no blame attaches to him for permitting such dogs to go at large in viola- 
tion of the provisions of such order of the board of health, be redeemed as 
unregistered dogs are redeemed from the dog pound, and upon the payment 
to the city collector [license collector] of three dollars for the use of the 
city and the fee of the pound keeper. (M. C., sec. 1545.) 


Sec. 1645. Redemption fee, amount of.—For every dog taken up 
and confined in the dog pound, as provided in sections 1642 and 1644 of this 
article, for which no tax has been paid, a redemption fee of three dollars, 
together with the amount of the license, shall be paid to the city [license] 
collector for the use of the city, and upon procuring the certificate of the 
city [license] collector, stating that said amount has been paid, and paying 
further sum of fifty cents to the pound keeper for taking up such dog, the 
owner thereof, within three days after the impounding, or any other person 
after three days shall be entitled to redeem such dog, and if the dog shall 
not be and is not redeemed within three days after being taken up he shall 
be slain by the pound keeper; and the person taking up such dog shall re- 
ceive therefor the sum of fifty cents, and the pound keeper the sum of twen- 
ty-five cents, to be paid out of the city treasury; but if it shall be made to 
appear to the satisfaction of the city [license] collector by the affidavit of 
the owner or by other sufficient testimony, that any person claiming to re- 
deem a dog confined in the dog pound has registered such dog and has put 
uround his neck a collar stamped and marked as provided in section 1641, 
but that such collar has been accidentally displaced or lost, the city [license | 
collector may deliver to him a metallic plate, as described in section 1640, 
to correspond with the registry, without any additional charge therefor, 
except the fee of twenty-five cents, to be paid to the city [license] collector 
for the use of the city. (M. C., sec. 1546.) 


See. 1646. Dogs to be killed—when.—lIt shall be the duty of 
the city marshal and his assistants to kill any dog which may be found in 
the City of St. Louis without an owner, and without a collar stamped: or 
marked as provided in section 1641, or found at large contrary to the or- 
ders of the board of health; provided, such dog cannot be safely taken up 
and impounded. But it shall not be lawful for any officer of the City of 
St. Louis or other person to shoot or use poison for the purpose of killing 
any such dog, or to shoot or use poison for the purpose of killing 


900 REVISED CODE OR GENERAL ORDINANCES. (CHAPAAE, 


any dog at any other place than the dog pound; and any officer of the City 
of St. Louis, or other person, who shall entice any dog so collared out of the 
inclosure of the possessor of such dog, or who shall molest or seize any dog 
while held or led by any person, or who shall bring into the city any dog 
for the purpose of taking up and impounding the same, shall, on conviction, 
be fined in a sum not less than five nor more than fifty dollars. (M. C., 
sec. 1547.) 


Sec 1647. Dangerous dogs—may be killed.—If any fierce or 
dangerous dog shall be found at large in the streets of St. Louis, or upon 
any public place, or upon the private premises of other persons than those 
of the owner of the dog, and shall there annoy or endanger any person there- 
in, the owner thereof shall forfeit and pay to the City of St. Louis a sum 
of money not exceeding fifty dollars for the first offense on the part of said 
owner, in permitting such fierce or dangerous dog to go at large; and more- 
over, it may be part of the sentence upon such conviction, that such fierce or 
dangerous dog be immediately killed, and this sentence shall be forthwith 
executed by the city marshal, for which he shall receive the further sum of 
five dollars, to be paid by the owner of said dog, which sum shall be in- 
cluded in said judgment. (M. C., sec. 1548.) 


Sec. 1648. Word “dog” defined.—The word “dog,” whenever used 
in this article without qualification, is intended to mean a female as well 
as a male dog. (M. C., sec. 1549.) 


Sec 1649. Moneys to be paid into treasury.— The city [license] 
collector shall, on the Monday of every week, pay to the city treasurer all 
moneys by him collected under the provisions of this article, during the 
preceding week, and all orders for the redemption of impounded dogs, and 
all receipts given by the city [license] collector for redemption fees or other 
moneys received by him under the provisions of this article, shall be signed 
by the city register, and countersigned by the comptroller, and charged to 
the city {license] collector. (M. C., sec. 1550.) 


ARTICLE VIII. 


OF PENALTIES, FINES AND FORFEITURES.* 


Sec. 1650. Punishment where no _ specific penalty pre- 
seribed.—Any person who shall be convicted of any misdemeanor under 
any provision of this chapter, in a case where no special penalty is pre- 
scribed, shall be fined not less than five nor more than five hundred dollars 
for the first offense; for the second offense of a like nature, he shall be 
fined not less than double the minimum penalty aforesaid; for the. third 
offense of a like nature, not less than treble said minimum; and so on, in- 
creasing the minimum five dollars upon each additional conviction. (M. C., 
sec. 1551.) 


See. 1651. Misdemeanor defined.—The word misdemeanor when- 
ever it occurs in this chapter, shall be construed to mean and to stand in 
lieu of “violation of ordinance.” (M. C., sec. 1552.) 


*Charter, Art. III, sec. 26, clause 10. For general note on misdemeanors see 
note to R. C., sec. 1265, referring also to the various charter provisions authoriz- 
ing and limiting the city’s authority by ordinance to provide for fines, penalties, 
forfeitures, and the remission or stay thereof, and the enforcement by confine- 
ment, etc.; also discussing the nature of the proceeding for violation of an ordi- 
nance, to what extent civil or criminal, how brought, their function in the mu- 
nicipality, procedure at the trial, their constitutionality, etc. And see note to 
sec. 1279 as to the form and sufficiency of the statement or information. 


CHAP. 19.] OF MULLANPHY EMIGRANT RELIEF FUND. 901 


Sec. 1652. Amount of fine, when none declared.—When- 
ever, in the ordinances of the City of St. Louis, or either of them, the do- 
ing of any act, or the omission to do any act or duty, is declared to be a 
breach of any, or either of said ordinances, and there shall be no fine or 
penalty declared for any such breach, any person or persons convicted of any 
such breach shall be fined not less than five dollars and not exceeding three 
hundred dollars. (M. C., sec. 1553.) 


Sec. 1653. Maximum of fine, when not preseribed.—When- 
ever, in any ordinance of the city heretofore or hereafter passed, a fine, for- 
feiture or penalty is, or may be prescribed, at not less than a given sum, but 
the maximum of such fine, forfeiture or penalty is not likewise fixed, such 
maximum shall be as follows, to-wit: If the minimum of such fine, forfeiture 
or penalty shall be less than one hundred dollars, the maximum shall be 
three hundred dollars; if the minimum be one hundred dollars or above that 
sum, the maximum shall be five hundred dollars, and it shall be lawful in 
any such case to recover the maximum aforesaid in like manner as if the 
Same were specially set forth in any such ordinance. (M. C., sec. 1554.) 


PA Pea Ree Lot 
OF MULLANPHY EMIGRANT RELIEF FUND.* 


Sec. 1654. Board commissioners established.—There is hereby 
constituted and established a board of commissioners to be styled ‘The 
Board of Commissioners of the Mullanphy Emigrant Relief Fund,” which 
shall be composed of thirteen members, not more than five of whom shall 
reside in one congressional district. (M. C., sec. 1555.) 


See Charter, Art. XVI, sec. 3, and the preceding note. 


See 1655. Commissioners—how elected—terms.—The council 
shall elect said board by ballot. Five members of said board shall be 


*These ordinances relating to the Mullanphy Emigrant Relief Fund grow out 
of the following provision in the will of Bryan Mullanphy, who died June 15, 
1851: “One equal undivided third of all my property, real. personal and mixed, 
I leave to the City of St. Louis, in the State of Missouri, in trust, to be and con- 
stitute a fund to furnish relief to all poor emigrants and travelers coming to St. 
Louis on their way, dona fide, to settle in the west.” The bequest was accepted 
by ordinance 2724. This provision in the will was upheld as valid in Chambers 
vs. St. Louis, 29 Mo. 543, and the charity has ever since been administered by the 
city, (subject to the control of a court of equity). The intended objects of the 
bequest becoming largely obsolete by the changed conditions, ord. 19237 was 
enacted, providing that the mayor institute legal proceedings to obtain author- 
ity to apply the fund to charitable purposes other than those directed by the 
testator. This litigation attained the peculiar results commented on in St. Louis 
vs. Crow, 171 Mo. 272. Since the legal title as trustee only is in the city, and 
the real use of the fund is not for municipal purposes, but for the benefit of a 
particular class, the fund is not exempt from taxation under the constitution: 
St. Louis vs. Wenneker, 145 Mo. 230. The tax should be assessed against the city 
as trustee, not to the “Mullanphy Emigrant Fund”: 78., p. 239. 


Where there is no competent evidence to show that a surveying company was 
employed by the board, as such, nor that it accepted the fruit of plaintiff’s work, 
there can be no recovery; and evidence that individual members of the board 
unofficialiy directed the work, is inadmissible in a suit against the city as trustee 
of Mullanphy bequest: Surveying Co. vs. St. Louis, Trustee, etc., 68 Mo. App. 182, 
holding that the only proper evidence of the acts of the board, outside of those 
falling within the scope of authority vested in its officers, is the record of the 
board. 


902 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 19. 


elected to hold their office for a term of three years, and until their suc- 
cessors are duly elected and qualified, four to hold for two years, and until 
their successors are duly elected and qualified, and four to hold for one 
year, and until their successors are duly elected and qualified. And on the 
second Tuesday in June in each year, thereafter the council shall elect 
by ballot, persons to fill the vacancies existing in said board, caused by the 
expiration of term of office; and the members thus elected shall hold their 
office for three years, and until their successors are duly elected and quali- 
fied. (M. C., sec. 1556.) 


Sec. 1656. Wacancies—how filled.—In case of a vacancy occur- 
ring in said board otherwise than by the expiration of the term of office, 
the board shall immediately notifiy the council, if in session, or if not, then 
at the next ensuing session thereof, of the vacancy existing in said board; 
stating from what congressional district the member causing such vacancy 
was elected, and the cause of such vacancy, if known, whereupon the coun- 
cil shall proceed to elect by ballot, a commissioner of said board, to fill the 
vacancy for the balance of the term. (M. C., sec. 1557.) 


Sec. 1657. Mayor—ex-officio member.—The mayor of the City 
of St. Louis, for the time being, shall be ex-officio a member of the board of 
commissioners. (M. C., sec. 1558.) 


See. 1658. Commissioners to receive no compensation.—The 
members of said board shall receive no compensation for their services. 
(M. C., sec. 1559.) 


See Charter, Art. XVI, sec. 3. 


Sec. 1659. Officers of board.— The board shall elect a president, 
vice-president, secretary, assistant secretary and such other officers as may 
be deemed necessary to carry out the purposes for which the fund was con- 
stituted by its founder, namely to furnish relief to all poor emigrants and 
travelers coming to St. Louis on their way, bona fide, to settle in the west. 
The officers of this board shall be elected for one year, except the secretary 
and assistant secretary, who shall be elected every three years. (M. C., 
sec. 1560.) 


See note at head of this chapter. 


Sec. 1660. Board—duties of.—The board of commissioners shall 
take and hold in trust for the City of St. Louis, for use of the emigrant re- 
lief fund, all lands, moneys, bonds, notes and other evidence of indebtedness, 
and all property of whatever description, to which the City of St. Louis 
may now, or shall hereafter, be entitled, by virtue of the will of the late 
Byran Mulianphy, deceased, or which may be given or bequeathed, to be 
applied to the benefit of said “emigrant relief fund.” The said board shall 
have the right to institute suit in the name of the City of St. Louis, trustee 
of the Mullanphy bequest, for the lands, moneys or other property due, or 
of right belonging to said fund. (M. C., sec. 1561.) 


See. 1661. Board—powers of.— The board of commissioners are 
invested with the control, management and direction of the property and 
affairs of said fund, and shall have full power to make all needful regula- 
tions and by-laws for its governance, not in conflict with this article or any 
city ordinance. They shall appoint from their own number an auditing 
committee and other committees, and shall conduct the concerns of the fund 


CHAP, 19.] OF MULLANPHY EMIGRANT RELIEF FUND. 903 


agreeably to the requirements of its founder and the ordinances passed for 
the management of this fund. (M. C., sec. 1562.) 


See. 1662. Board—meetings of.— The board shall meet at least 
once every:month, on any day and hour, to be fixed by resolution of the 
board. The president may, and upon written request of three members shall, 
call special meetings, give due notice in writing to the other members of 
the board, and at all meetings seven members shall constitute a quorum to 
do business, but a less number may adjourn from day to day and compel 
the attendance of absentees. (M. C., sec. 1653.) 


See. 1663. Board—records and reports of.—The board shall 
keep a full and correct account of its proceedings, and shall make reports 
semi-annually to the municipal assembly, giving detailed statements of the 
operations of the board, of all receipts and expenditures, showing all 
amounts paid out, to whom paid and for what paid, and the general con- 
dition of the fund. The officers appointed by the board shall make reports 
to the same, as it may from time to time require; and it shall be the duty 
of the auditing committee of the board to examine the accounts, books and 
vouchers of the officers, and to make report thereof to the board of com- 
missioners once every month; and the said reports, as well as the books of 
the board, shall be subject to inspection by any member of the muhicipal 
assembly. (M. C., sec. 1564. ) 


See Surveying Co. vs. St. Louis, 68 Mo. App. 182. See opening note of this 
chapter. 


Sec. 1664. Officers—duties of, bonds and salaries.—The board 
shall, in their by-laws, prescribe the duties of the respective officers and fix 
their salaries, which shall not exceed two thousand dollars per annum for 
the secretary and fifteen hundred dollars for the assistant secretary, who 
shall be able to speak the English and German languages. The board shall 
require and take from its officers proper and sufficient bonds, with at least 
two good securities; that of the secretary to be in the amount of twenty- 
five thousand dollars, and that of the assistant secretary to be in the 
amount of five thousand dollars; said bonds being conditioned for the faith- 
ful discharge of their duties, and for the safe-keeping and proper expendi- 
ture of all money and property that may come into their hands. But no 
member of the board or of the municipal assembly shall be taken as a bonds- 
man or security on any bond or writing obligatory for the fund, nor shall 
any of the board become a lessee of any lands or property of the fund, either 
as contractor, subcontractor, for work or material, or in any other way; and 
whenever it shall come to the knowledge of the board that any member there- 
of is in anywise pecuniarily interested in said fund, his office shall be vacated, 
and the president of the board shall report the same to the council for their 
action as soon as practicable.* The board may, from time to time, prescribe 
such additional duties to their respective officers as they shall deem proper, 
and may at their pleasure suspend or remove from office any of their ap- 
pointed officers, and the salary of such officers, when suspended or removed, 
shall cease from the date of their suspension or removal, and every officer 
shall, upon going out of office, deliver to the board or his successor, all books, 
papers, furniture and other things appertaining to his office. (M. C., see. 
1565.) 

*See Charter, IV, sec. 10, and notes, as to city officers interested in city con- 
tracts. 


Sec. 1665. President—duties and powers of.—The president 
shall be the chief executive officer of the Mullanphy Emigrant Relief Fund, 


° 


904 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 19. 


and shall have care and control of everything connected therewith; he shall 
see that the secretary and other officers diligently discharge their respective 
duties, and upon failure thereof, shall make report of facts to the board. 
He shall sign all deeds, leases, contracts and orders for money exceeding 
the amount of ten dollars, and shall aid and advise the officers in giving 
relief to poor emigrants; provided, that he shall at all times exercise the 
powers and perform the duties herein mentioned according to the by-laws, 
rules and regulations adopted by the board. The president shall receive 
no compensation for his services. (M. C., sec. 1566.) 


Sec. 1666. Vice-president—duties of.—The vice-president shall 
perform the duties of the president in case of his absence from the city or 
inability to serve. (M. C., sec. 1567.) 


See. 1667. Secretary—duties of.—The secretary shall be a man 
of experience, possessing the necessary general qualifications. He shall 
not, while secretary, engage in any other business, but shall devote him- 
self exclusively to the duties of his office. He shall keep a record of the 
proceedings of the board, which shall be published within five days after 
each meeting in the newspapers doing the city printing. He shall keep 
accurate accounts by double entry, of all transactions, shall have in charge 
and keep in order all books and papers pertaining to his office. He shall 
follow and carry out the instructions of the board, and shall keep the same 
informed of all matters relating to its affairs. He shall be responsible for 
all rents and other revenue of the fund coming into his possession, and 
every day as collected, shall deposit the money on hand in some banking in- 
stitution designated by the board; the said bank receiving the deposit ac- 
count of this fund shall give bond in the sum of fifty thousand dollars, to 
be approved as all other bonds, by the board of commissioners. The secre- 
tary may retain in his possession a sum not exceeding one hundred dollars, 
to pay claims, or to grant relief in amounts of not more than ten dollars 
each, and for all such payments he shall keep strict account and submit the 
same to the auditing committee for approval. He shall use his best endeavs 
ors to collect all information needful for the benefit of emigrants and travel- 
ers, and to enable them to find suitable locations for settlement, and work 
and employment. He shall keep registered for this purpose, as far as possi- 
ble, the names of manufacturers, farmers, etc., who may be in want of hands, 
and he is to give emigrants all aid, advice and information free of charge. 
(M. C., sec. 1568.) 


See. 1668. Assistant secretary—duties of.—The duties of the 
assistant secretary shall be to assist the secretary in the performance of his 
duties, and, under the order of the board, he shall visit all the boats, trains 
of cars, etc., arriving with emigrants and travelers, make himself known to 
them and give them such information on the spot as they may need; and 
when they need assistance he shall, under regulations to be adopted by the 
board, take them to such place as may be provided for that purpose. When 
the emigrants are poor and in want they shall be relieved under regulations 
to be prescribed by the board, and it shall be the special duty of the assistant 
secretary to protect emigrants and travelers from impositions and false in- 
formation attempted by runners, and upon their departure this officer shall 
procure their tickets and superintend their shipment for their point of desti- 
nation; but in all this he shall act as the assistant of the secretary only; 
shall keep the same fully informed and shall not pay out money except under 
the instructions or at the written order of the president. The assistant sec- 
retary shall not be permitted to engage in any other business, nor to receive 


* 


ART. 1.] OF OFFICERS, QUALIFICATIONS AND DUTIES. 905 


any compensation from emigrants, nor from employes, nor from any hotel, 
boarding-house or transportation line, or from persons engaged in any other 
business whatever. (M. C., sec. 1569.) 


Sec. 1669. Poor emigrants—how provided for.—In order that 
relief may be furnished to poor emigrants and travelers coming to St. Louis 
on their way, bona fide, to settle in the west, and who may not be able to 
proceed at once to their point of destination, or to find employment, they 
shall be provided for under such regulations as may be prescribed by the 
board. (M. C., sec. 1570.) 


See. 1670. Officers—where located—hours.—The officers of 
the board of commissioners of the Mullanphy Emigrant Relief Fund, and 
that of the secretary and assistant secretary, shall be located in some con- 
venient point in the city, within the following limits, to-wit: North of Chou- 
teau avenue, south of Washington avenue and east of Kighth street. This 
office shall be open from nine o’clock a. m., to four o’clock p. m. each day 
in the week, Sunday and the usual legal holidays excepted; and on these 
exceptional days the office may be open for one hour, as the board may 
determine by its by-laws. No real estate or other private business shall 
be permitted to be carried on in the office. (M. C., sec. 1571.) 


Sec. 1671. Real estate—how sold or leased.—No real estate 
of the fund shall be sold without express permission by ordinance of the 
municipal assembly. No real estate of the fund shall be leased for a 
longer period of time than ten years, renewable for two terms of ten years 
each, upon the value and rental to be fixed by the board, with all taxes 
excepting special taxes for public improvements, which shall be paid by the 
said board. No member or officer of said board shall be interested directly 
or indirectly in the purchase of any property of said fund, or in the leasing 
of any property owned by said fund; and no member shall receive any com- 
pensation for his service either directly or indirectly. (M. C., sec. 1572.) 


Sec. 1672. Vaecaney—when deemed to exist.—The seat of any 
member of said board, who shall fail to attend three successive monthly 
meetings without good and sufficient excuse for absence, shall be deemed 
thereby to be vacated, and the president and secretary shall give imme- 
diate notice to the council as soon as practicable, of the existence of such 
vacancy, and thereupon the council shall proceed to fill it. (M. C., sec. 
1573.) 


CHAPTER 20. 
OF OFFICERS. 


ART: I. Of their appointment, qualifications and duties. 
II. Of their suspension and removal. 
III. Of public property in their charge. 
IV. Of private watchmen. 


ARTICLE I. 


OF THEIR APPOINTMENT, QUALIFICATIONS AND DUTIES.* 


. 


*Officers must personally devote time to duties; Const., Art. II, sec. 18; Chart., 
Art. IV, sec. 11 and see note thereto. : 


906 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20, 


Sec. 1673. Qualifications—shall hold only one office.— 
Every person elected or appointed to an office under the city shall possess 
the qualifications enumerated in section ten of article four of the charter, 
as well as such other qualifications as may be prescribed; and no such per- 
son shall hold any state office other than notary public, or officer of the 
militia, nor any federal office. (M. C., sec. 1574.) 


See Charter, Art. IV, sec. 10 and discussion in the note thereto. 


Sec. 1674. Commission required.—No person shall perform the 
duties of an office to which he is elected or appointed until commissioned 
as hereinafter provided. (M. C., sec. 1575.) 


See,sec. (1679. 

Sec. 1675. Oath to be taken. —Every person so elected or ap- 
pointed shall, before entering upon the duties of his office, take and sub- 
scribe an oath or affirmation before some judge or justice of the peace or 
the register, that he possesses all the foregoing qualifications, that he will 
support the constitution of the United States and of the State of Missouri 
and the charter and ordinances of the City of St. Louis, and that he will 
faithfully demean himself in office. (M. C., sec. 1576.) 


See Chart. “ArteLv,)sec:.4374also Arte covils sects: 


Sec. 1676. Bond to be given.—tEvery officer of the corporation, 
when so required by law or ordinance, shall, within fifteen days after his 
election or appointment, and before entering upon the discharge of the 
duties of his office, give bond to the city in such sums as shall be desig- 
nated by ordinance, with at least two sufficient securities, conditioned for 
the faithful performance of his duties as such officer and that he will pay 
over all moneys that belong to the city as provided by law. (M. C., sec. 
1577.) 


All officers required to give bond; Chart., IV, secs. 4 and 43. 


See. 1677. Approval of bond.—The form of such bond shall be 
approved by the city counselor, or, in his absence or inability to act, by 
the next ranking associate or assistant city counselor, and the sufficiency 
of the security thereon by the mayor and council; provided, that no person 
shall be accepted as security on such bond who at the time is a member 
of the municipal assembly or an officer of the city. (M. C., sec. 1578.) 


As to approval see next section. An officer may bring mandamus to compel 
approval of a bond where such approval is unlawfully withheld: State ex rel. 
vs. Shannon, 133 Mo. 139. Approval by city counselor, where there is no ordi- 
nance to that effect, is not necessary: 176. 


See. 1678: Mayor to approve official bonds, ete.—The Mayor 
shall approve the bonds of all appointed and elective officers; also bonds 
of constables in the city and all other bonds to the City of St. Louis, except 
in such cases as may be otherwise provided for by ordinances or charter, 
and he shall execute all appeal bonds and other bonds which, by law or 
ordinance, are required to be executed by the city. (M. C., sec..1579.) 

Approval of bonds of city officers: See Charter, Art. IV, sec. 4; also Rev. Code, 
sec. 1506; as to appeal bonds by city see 7s., Art. XVI, sec. 6, and note thereto. 


As to bonds of constables see R. S. 1899, sec. 6532 (herein appearing under “Laws 
Specially Applicable to St. Louis” as sec. 197); also Scheme, sec. 15. 


Sec. 1679. Commission—conditions of—issue of.—The bond 
and oath herein required, when executed and approved, shall be filed with 


PO Sa ee a OF OFFICERS, QUALIFICATIONS AND DUTIES. 907 


the register and thereupon the register shall deliver to the person elected 
or appointed, except members and officers of the municipal assembly, a 
commission in the name of and signed by the mayor, and under the seal 
of the city, authorizing and empowering such person to discharge the duties 
of the office for the term for which he has been elected or appointed, and 
until his successor shall have been duly elected or appointed and commis- 
sioned. (M. C., sec. 1580.) 


See. 1680. New bond—to be given when.—Whenever any 
surety of any officer of the city shall die, remove from the city, or become 
insolvent, and the mayor shall have reason to believe the sureties on the 
bond of said officers are likely to, or have become insufficient, the mayor 
shall require such officer at a time to be appointed, to show cause why a 
new bond shall not be given, and unless cause be shown, the officer shall 
be required within twenty days to enter into a new bond, and in default 
thereof, the office shall be vacant and shall be so declared by the mayor 
bv vroclamation. (M. C., sec. 1581.) 


See. 1681. Foregoing section—to whom to apply. 
The provisions of the next foregoing section shall apply to all elective and 
appointive officers of the city who are by law or ordinance required to give 
an official bond to the city. (M. C., sec. 1582.) 


See. 1682. Bond examining board established.—There is here- 
by created and established a board to be known and called ‘‘the Board for 
the Examination of Official Bonds,” to be composed of the comptroller, the 
auditor and city counselor; and the comptroller shall be president thereof. 
(M. C., sec. 1583.) 


Sec. 1683. Duties of board.—lIt is hereby made the duty of said 
board, on the first Mondays of January, April, July and October of each 
year, to carefully examine all official bonds held by the city, and as soon 
as practicable after each of such examinations, not exceeding ten days after 
said first Mondays, to report in writing to the mayor, any and all bonds 
which are not in due form of law, or of whose solvency there is any reason- 
able doubt. (M. C., sec. 1584.) 


See 1684. Duties—neglect of, penalty.—Any failure or neglect 
on the part of any one of said board to perform the duties imposed by the 
next two preceding sections, shall be a misdemeanor, and upon conviction 
thereof, the offender shall be punished by a fine of not less than twenty-five 
dollars nor exceeding five hundred dollars. (M. C., sec. 1585.) 


Sec. 1685. Officers—when to be nominated.—On or before 
the third day of the annual session of the municipal assembly, in the year 
one thousand eight hundred and eighty-seven, and every four years there- 
after, the mayor shall nominate to the council for confirmation the names 
of suitable persons to fill the several offices under the city government 
which are required to be filled by his appointment and confirmed by the 
council: (M. C., sec. 1586.) 

See enumeration of certain officers, ante sec. 1509 of R. C. See for officers ap- 


pointed by Mayor under ordinances, index to Rey. C. under “Mayor’’; for officers 
appointed by Mayor under charter provisions, index to charter, same title. 


Sec. 1686. Mayor’s approval of appointment of deputies, as- 
sistants, clerks—their removal.—The mayor shall approve the ap- 
pointment of all the deputies, assistants and clerks of all city officers, as 


908 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20. 


are required by charter or ordinance to be so approved, before such depu- 

ties, assistants and clerks shall be qualified for the positions for which they 

have been appointed, and for cause may remove any deputy, assistant or 
clerk employed in any of the city departments. (M. C., sec. 1587.) 

The assistants of any officer may be removed for cause by the mayor, or by 

the officer under whom they work; at his pleasure: Charter, Art. IV, sec. 14; 

State ex rel. vs. Longfellow, 93 Mo. App. 364; State ex rel. vs. Longfellow, 95 


Mo. App. 660; Magner vs. St. Louis, 179 Mo. 495, 498. As to removal and suspension 
of officers see next article. 


In some cases appointments so far as the public are concerned may be implied 
from acts by the city: Kiley vs. Forsee, 57 Mo. 390; and an approval by the 
mayor implied: State ex rel. vs. Edwards, 136 Mo. 360; Westberg vs. K. C., 64 
Mo. 493. 


See. 1687. Office—change of residenece—when to vacate. 
—Any officer of the city who shall leave the same, with the intention of 
residing thereout, shall thereby vacate his office, and thereupon the pro- 
ceedings provided in case of vacancy shall be had. (M. C., sec. 1588.) 


All municipal officers must reside in the city: Charter, IV., sec. 19. 


Sec. 1688. Leave of absence may be granted by mayor. 
—The mayor may grant in writing a temporary leave of absence to any 
officer for a term not exceeding twenty days, which shall be filed with the 
register, and any officer absenting himself from the city for the period of 
one week without such leave, shall thereby vacate his office, and no officer 
shall receive any salary during the time he is absent from the city without 
leave. (M. C., sec. 1589.) 


But the salary deduction does not apply to the mayor: See note to sec. 1487. 


See. 1689. Office—elective—vacancy in, how filled.—If any 
vacancy, other than by removal from office, occur, in an elective office, 
within six months from the expiration of the time for which its incumbent 
shall have been elected, the council shall, except where otherwise provided 
by ordinance, by election fill the vacancy for the unexpired term, except in 
case of the mayor’s office, which, if it becomes vacant within six months 
from the expiration of the mayor’s term, shall be filled by the president of 
the council, who shall be ex-officio and acting mayor for the unexpired 
term. (M. C., sec. 1590.) 


See Charter, Art. IV, secs. 12 and 13, and Art. III, sec. 26, clause 8, and notes 
to each, and see R. C., sec. 1518, 1514, as to removal of mayor. 


“An office is vacant within legal intendment, and for all purposes of election 
or appointment, as well when the official term of the occupant has expired, as 
in case of his death, resignation or removal’: State ex rel. vs. Thomas, 102 Mo. 
85, 91, overruling State vs. Lusk, 18 Mo. 333. An appointee for a designated term 
who holds over because of a failure by the appointing power to name a successor 
is a mere locum tenens, removable at will; and his successor when appointed only 
holds for the balance of the unexpired term reckoning from the time of the ex- 
piration of the regular term of the former incumbent: State vs. Stonestreet, 99 
Mo. 361. 


See. 1690. Special election—when held.—A vacancy occuring 
in an elective office more than six months before the expiration of the 
term thereof, shall be filled by a special election, which shall be immedi- 
ately ordered by the mayor for the purpose, and five days’ public notice of 
the time and place of holding any special election shall be given. (M. C., 
sec. 1591.) 


Charter, Art. III, sec. 26, clause eighth, authorizes this ordinance: State ex 
rel. vs. Thomas, 102 Mo., 85, 89 (upholding the validity of this section as being 
within the charter powers of the city.) See also note to Charter, Art. IV, sec. 13. 


ee eS ee 


MeL LL. | OF SUSPENSION AND REMOVAL OF OFFICERS. 909 


ARTICLE II. 


OF THEIR SUSPENSION AND REMOVAL.* 


See. 1691. Officers—what conduct misdemeanor entailing re- 
moval. —Any officer of the city who shall refuse or wilfully fail or neg- 
lect to perform any duty enjoined upon him by law or ordinance, or shall 
in the discharge of his official duties be guilty of any fraud, extortion, op- 
pression, favoritism, partiality or wilful wrong or injustice, shall be 
deemed guilty of a misdemeanor, and shall be removed from office. (M. C., 
sec. 1592.) 


See State ex rel. vs. Walbridge, 119 Mo. 383, and note to Charter, Art. IV, sec. 5. 


Sec. 1692. Elective officer—when may be suspended by 
mayor. —The mayor shall have power to suspend from office for cause 
any elective officer of the city, and he shall immediately notify the council 
of such suspension and the causes thereof. (M. C., sec. 1593.) 


Sec. 1693. Suspension— how effected.—Such suspension shall be 
effected by an order filed by the mayor with the register, accompanied by a 
statement of the charges upon which the same is founded, a copy of which 
order and charges shall be immediately delivered to the officer suspended, 
who shall thereupon cease to exercise any of the duties of the office from 
which he shall have been suspended. (M. C., sec. 1594.) 


Sec. 1694. Vacaney by | suspension—how filled.—Immedi- 
ately upon the suspension of an officer the mayor shall appoint a person 
to fill the office for the time being. (M. C., sec. 1595.) 


Sec. 1695. Charges—transmission to council—special ses- 
sion.—The charge preferred as aforesaid shall be immediately laid by the 
mayor before the council, if in session, and if the council is not in session, 
he shall by proclamation, call a special session of the council, giving not 
less than three days’ notice, and stating the object for which the council is 
convened, and for the purposes of the special session of the council thus 
convened. It shall not be necessary to convene the house of delegates. (M. 
C., sec. 1596.) 


See Charter, Art. IV, sec. 6. 


Sec. 1696. Committee of prosecution to be appointed.— 
The council shall appoint a committee to inquire into the truth of the 
charges, and if the committee deem the same well-founded, they shall frame 
and report charges against the officer, and the council shall appoint a day 
for hearing the same. (M. C., sec. 1597.) 


See. 1697. Charges and notice to be served.—A copy of 
the charges and specification, with a notice of the day set for hearing the 
same, shall be served on the accused at least five days before the day of 
hearing. (M. C., sec. 1598.) 


See. 1698. Procedure upon trial.—Upon the day set, the council 
shall meet and proceed according to its rules and hear the evidence against 


*For Charter provisions on suspension and removal of officers, etc., see Art. 
III, sec. 26, clause 8; and especially Art. IV, secs. 5, 6, 7, 8, 11 and 14 and notes 
thereto. See discussion and authorities insnote to Charter, Art, IV; sec. ‘6. 


910 REVISED CODE OR GENERAL ORDINANCES. (CHAP, 20. 


and for the accused, adjourning from time to time, as may be necessary, 
until all the evidence shall be given, and within three days after the evi- 
dence is closed, shall vote by yeas and nays upon each charge and specifica- 
tion separately. The question upon each charge shall be “Is the accused 
guilty?” If the council, by a majority vote of all the members elected shall 
find the accused guilty of any of the charges, and shall, by resolution, 
sanction the action of the mayor and resolve that the accused be removed 
from office, the suspended officer shall thereby be removed from office and 
a new election shall be ordered to fill the vacancy. But if a majority dis- 
agree with the mayor, the accused shall be immediately reinstated. (M. C., 
sec. 1599.) 


Sec. 1699. Proceedings to be entered on journal.—The pro- 
ceedings of the council as aforesaid, shall be entered at large on the jour- 
nal. (M. C., sec. 1600.) 


Sec. 1700. Subpoenas—by whom issued, ete.—Subpoenas may 
be issued by the president of the council, and served and returned by the 
city marshal, and any witness who shall neglect to obey such subpoenas 
or appearing, shall refuse to testify, may be punished by imprisonment or 
fine, or both. (M. C., sec. 1601.) 


See. 1701. Depositions—when may be taken,—Depositions of 
witnesses beyond the jurisdiction of the council, or disabled by sickness 
or other causes from attendance, may be read on the trial, if taken in con- 
formity to the laws of the state; when taken on behalf of the accused, 
notice shall be served on the city attorney or city counselor, if the latter be 
representing the prosecution. (M. C., sec. 1602.) 


Sec. 1702. Accused and city—how represented.—Upon the 
trial, the accused shall be entitled to be heard by himself or counsel in his 
defense, and the city attorney shall prosecute, on behalf of the city, unless 
he be the accused, in which event the counselor shall prosecute. (M. C., 
sec. 1603.) 


Sec. 1703. Removal of appointive officer—proceedings in 
ease of.—Whenever the mayor shall remove any appointed officer from 
office, he shall immediately notify the council of such removal and the 
causes therefor; and said council shall fill the vacancy by electing a suit- 
able person to fill the place. If the council be not in session, the mayor 
shall temporarily fill the vacancy and shall report the fact of the removal 
at the next session of the council. The mayor shall have the same power 
of removing an officer so elected as if he had been appointed by the mayor. 
Whenever the council shail remove any officer appointed by the mayor, the 
mayor shall fill the vacancy by another person and no confirmation by the 
council shall be required. (M. C., sec. 1604.) 


See on subject of removal of officers, discussion in note under Charter, Art. 
IV, sec. 5. 


Sec. 1704. Officers—appointed, may be removed by council 
—mayor fills vacancy—special session.—All officers appointed by 
the mayor shall be subject to a removal by a majority of the elected mem- 
bers of the council, and if so removed the mayor shall fill the vacancy by 
another person and no confirmation of the council shall be required. When- 
ever the removal of any officer by the council be proposed, and the same is 


i ae 


ART. III. J OF PUBLIC PROPERTY IN CHARGE OF OFFICERS. 911 


not in session, the president thereof shall, upon a request, in writing, of 
five of its members, call a session thereof for the consideration of such re- 
moval. (M. C., sec. 1605.) 


See Charter, Art. IV, secs. 8 and 12. 


See. 1705. In ease of suspension no salary allowed.—No 
officer shall receive any salary during the time he is suspended by the 
mayor, nor until the council shall decide the case. (M. C., sec. 1606.) 


In State ex rel. vs. Carr, 3 Mo. App. 6, it was held under this section by the 
court of appeals that one suspended for trial who is afterwards acquitted may 
recover the salary for the time suspended; but in general it is held that one 
legally suspended from office cannot recover compensation during the period of 
suspension, whether afterward acquitted or not; but, (until removed or suspended 
for cause) the salary is an incident to the office and is to be paid an officer of 
the city whether or not he neglects his duties: See on these and similar points 
Hoterto  @harter, Art. + Vy Lrseca li falso noterto 76), ‘Art. LV, ‘sec 5: 


See. 1706. Officers—removal of, by council—condition of. 
Whenever the council shall, of their own motion, proceed to remove or con- 
sider the removal of any elected city officer, as provided in section twelve 
of article four of the charter, a committee of the council appointed for that 
purpose shall frame and submit charges, and the trial thereof shall be had 
as provided in sections 1697, 1698, 1699, 1701 and 1702, except that upon 
such trial a two-thirds vote of all the members of the council is required 
for the removal of the officer. (M. C., sec. 1607.) 


ARTICLE IIT. 


OF PUBLIC PROPERTY IN THEIR CHARGE. 


See. 1707. Return lists of property to be made.—On 
the first Mondays of April and October of each year the several elected and 
appointed officers, clerks, employes, and all persons holding office in the 
corporation of the City of St. Louis, shall make a full and accurate return 
list of all property of whatever kind or nature in their said office, or that 
may come into their possession, during their term of office, or that comes 
to them in any way after they have become qualified and taken charge of 
their said office; and which return list shall embrace, in tabular form, the 
name, number, kind of article, for what purpose used, condition and full 
description and general remarks attached to each entry in order to render 
full satisfaction as regards the same. Said return list shall embrace a 
statement of all condemned, surplus or refuse property that may have 
been had or reported during the preceding year in the department or office 
and the disposition made thereof. (M. C., sec. 1608.) 


See. 1708. Return list—how disposed of.—Said list when 
fully completed shall be returned to the office of the comptroller, whose 
duty it shall be, and said officer is hereby required, to provide a book of 
proper size, regularly printed, ruled, indexed, paged, numbered, indorsed as 
“public property, record number—and year,” in which shall be entered and 
written in a legible hand the contents of each and every list so returned, 
giving the name of the officer and his official position, the date and year 
the return was made, and such other facts connected with the same as 
may be deemed necessary and of importance. (M. C., sec. 1609.) 


912 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 20. 


Sec. 1709. Estimates for supplies—when to be made.— 
All officers requiring supplies shall, on or before the first of each month, 
make an estimate of what articles are required for use in their department 
for the coming month, and shall make but one requisition per month for 
any one article needed. (M. C., sec. 1610.) | 


See. 1710. Property unfit for service—disposition of. 
Every officer before making requisition for any article needed, shall care- 
fully examine all the articles he may have under his charge, and if the 
articles, such as tools, furniture, etc., are unfit for service, they shall be 
turned over to the comptroller on receipt of the new articles. (M. C., sec. 
1611.) 


See. 1711. Vehicles of city, how marked.—All vehicles be- 
longing to the city shall have the word “city” painted on each side thereof 
in Roman letters, at least one and one-quarter inches long. In addition to 
the above the vehicles used by the police department shall have the letters 
“P. D;” those used by the health department shall have the letters “H. D;” 
and those used by the fire department shall have the letters “F. D.” painted 
on each side thereof, and each department shall number their vehicles con- 
secutively, beginning with number one. (M. C., sec. 1612.) 


See. 1712. Duty of officers—having vehicles,—It shall be the 
duty of every city officer having vehicles under his charge to have said 
vehicles marked in accordance with the section next preceding. (M. C., 
sec. 1613.) 


Sec. 17138.  Same—penalty.—Any person using, or having in his 
possession, or under his control any vehicle belonging to the city, not 
marked as required by the next two foregoing sections of this article, shall 
be deemed guilty of a misdemeanor, and on conviction thereof, shall be 
fined not less than twenty-five nor more than one hundred dollars for each 
offense. (M. C., sec. 1614.) 


ARTICLE IV. 


OF PRIVATE WATCHMEN. 


Sec. 1714. Private watchmen, etce.—conditions of employ- 
ment. —The police commissioners of the City of St. Louis shall have power 
to regulate and license all private watchmen, private detectives and pri- 
vate policemen, and’ no person shall act as private watchman, private de- 
tective or private policemen in this city without the written license of the 
president or acting president of the police board; provided, however, that 
no charge shall be made for the issue of such license or permit; provided, 
further, that in case of the disability of a licensed watchman, a substitute 
may be employed without license, for a term not exceeding one week. Every 
violation of this section shall be a misdemeanor and shall be punished by a 
fine of not less than fifty dollars nor more than five hundred dollars for 
each offense. (M. C., sec. 1615.) 


ART. I.] OF THE COMMISSIONERS. 913 


CHAPTER 21. 
PENAL AND CHARITABLE INSTITUTIONS, DEPARTMENT OF. 


ART. I. Of the commissioners. 
the OF roundilinges: 
III. Of the jailer. 
IV. Of the workhouse. 
V. Of St. Louis Industrial School. 


ARTICLE I. 
OF THE COMMISSIONERS.* 


See. 1715. Appointment of.—The appointment of five commission- 
ers on charitable institutions provided for in section two of article four of 
the charter shall be made in such a manner that as far as practicable there 
shall not be a majority belonging to any one religious sect or political party. 
(M. C., sec. 1616.) 


See. 1716. Rooms for use of.—The mayor shall assign a suitable 
room in the city hall for the use of the commissioners, in which they shall 
meet at least once in each month. (M. C., sec. 1617.) 


Sec. 1717. President—rules.—The commissioners shall elect from 
their number a president, who shall hold his office during the time for 
which the commissioners are appointed, or until his successor is elected, 
and qualified. They may make such rules and regulations for the trans- 
action of their business as they may deem expedient not inconsistent with 
the charter and ordinances. (M. C., sec. 1618.) 


Sec. 1718. Secretary.—The assistant secretary of the council shall 
act as secretary of the commissioners, and shall perform all clerical duties 
necessary for the transaction of their business. (M. C., sec. 1619.) 


See. 1719. General powers and duties—interference with— 
misdemeanor.—The commissioners on charitable institutions shall have 
a general visitorial supervision over all penal and charitable institutions 
supported wholly or in part by the city, and shall have full authority at all 
times to inspect and examine the conditions of such institutions, financially 
and otherwise; to inquire and examine into their methods of instruction, 
and the government, treatment and management of their inmates; the offi- 
cial conduct of managers, superintendents, and all other officers and em- 
ployes of the same; the receipts and expenditures of money; the condition 
of the buildings, grounds, and the other property connected therewith, and 
into all other matters pertaining to their usefulness and good management; 
and for these purposes they shall have free access to the grounds, buildings, 
and all books and papers relating to said institutions, and all persons now 
or hereafter in any manner connected with the same are hereby directed and 
required to give such information and afford such facilities for inspection 
as the said commissioners may require, and any neglect or refusal on the 


*Hor Charter provisions relating to commissioners of charitable institutions see: 
as to appointment and term: Charter, Art. IV, sec. 2; excepted from prohibition 
that officers cannot hold more than one office: 74., Art. IV, sec. 10; and from pro- 
vision that officers must devote whole time to duties: Art. IV, sec. 11; duties 
and powers, and right to remove appointees: Art. IV, sec. 49, and see note there- 
to; to visit institutions monthly, recommend ordinances, receive no compensa- 
mon. 6tLC.:  ATt. LV, sec: 50, 


’ 


914 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 21. 


part of any officer or person connected with such institution to comply 
with the requirements of this section shall be deemed a misdemeanor, and 
upon conviction thereof, before either of the police justices of the City of 
St. Louis shall subject the offender to a penalty for each and every refusal 
of a sum equal to one-tenth of the amount annually paid such person as 
wages or salary. (M. C., see. 1620.) 

See Charter, Art. IV, secs. 49 and 50. 


Sec. 1720. Hearing in ease of removal.—When in the judg- 
ment of the commissioners, it becomes necessary to exercise the power of 
removal conferred by section forty-nine of article four of the charter, be- 
fore any removal shall be made, the person accused shall have a full, open 
and impartial hearing before the commissioners. (M. C., sec. 1621.) 

This section was passed in furtherance of a clear and explicit delegation of 
power to that end. It is not inconsistent with the Charter, laws or constitution. 
Under it, and the general law there can be no removal by the commissioners of a 
superintendent of the poor house except for cause, nor without notice, charges 


and specifications and an opportunity to be heard: State ex rel. vs. Brown, 57 
Mo. App. 199. 


Sec. 1721. Duties of board—visits and report to assem- 
bly. —The said commissioners are hereby authorized and required, at least 
once in each month, and as much oftener as they may deem necessary, to 
visit all the charitable, penal, reformatory and correctional institutions 
supported wholly or in part by the city, and ascertain whether the moneys 
appropriated for their use are, or have been, judiciously and economically 
expended; whether the objects of the several institutions are being accom- 
plished, and the inmates humanely and properly treated; whether the laws 
and ordinances in relation to them are fully complied with, and the various 
other matters referred to in section 1719. Such visitations shall be made 
at irregular intervals, and without previous notice or information to any 
of the officials or employes of the institutions visited. They shall report 
in writing through the mayor, to the municipal assembly at the opening 
of each annual session of the same, or oftener if they deem it necessary, 
the result of their investigations, together with such other information and 
recommendations as they may deem proper, and they shall recommend to 
the municipal assembly such ordinances as they may deem necessary for 
the welfare of the persons under their supervision and in the interests of 
the city. (M. C., sec. 1622.) : 

Chart, (Art. iL Vise.) 50: 


See. 1722. Books and blanks to be furnished.—Until an 
appropriation is made for this purpose, the comptroller shall furnish to 
the said commissioners necessary account books, blanks and stationery. 
(M. C., sec. 1623.) 


Sec. 1723. Commissioners to appear before committees. 
The said commissioners, or any one of them, shall appear before any com- 
mittee of either house of the municipal assembly that may require their 
attendance. (M. C., sec. 1624.) 


Sec. 1724. Inquiries to be made, when appropriations de- 
sired. —Whenever any of the institutions under the supervision of the 
commissioners desire an appropriation for any purpose other than their 
usual expenses, they shall inquire carefully and fully into the ground of 
such want, the purpose or purposes for which it proposes to use the same, 
the amount which will be required to accomplish the desired project, and 


ART. II. ] OF FOUNDLINGS. 915 


into any other matters connected therewith, and shall report to the munici- 
pal assembly the result of such inquiries, together with their own opinions 
and conclusions relating to the whole subject. (M. C., sec. 1625.) 


Sec. 1725. Commissioners not to be interested in con- 
tracts—w ho ineligible.—No one of said commissioners shall be direct- 
ly or indirectly interested in any contract for building, repairing or fur- 
nishing any of the institutions under their supervision, nor shall any officer 
of such institutions be eligible to the office of commissioner herein created. 
No money shall be paid by any city officer, nor shall the city be in any 
manner liable on any contract made in violation of this section, or in which 
either of said commissioners shall, after the making thereof, become direct- 
ly or indirectly interested, and any commissioner violating the provisions 
of this section shall thereby vacate his office. (M. C., sec. 1626.) 


See Charter, Art. IV, sec. 10 and notes. 


See. 1726. Failure to attend meetings, how treated.—The 
failure on the part of any commissioner appointed under this chapter to 
attend any three successive regular meetings during any calendar year, ex- 
cept in case of sickness or absence from the city, may be treated by the 
mayor as a resignation of such non-attending commissioner and the va- 
cancy be filled. The annual reports of the commissioner shall give the 
names of each commissioner present at each of the regular meetings. (M. 
C., sec. 1627.) , 


Sec. 1727. Compensation not allowed.—The commissioners shall 
receive no compensation for their time or services, but the actual expenses 
of each while engaged in the performance of the duties of their office, and 
any actual outlay required in examinations or investigations on being made 
out and certified to by a majority of the commissioners at a regular meet- 
ing, if approved by the mayor, shall be paid out of a fund appropriated for 
that purpose. (M. C., sec. 1628.) 


GHarrern Lvs sec.150; 


ARTICLE II. 
OF FOUNDLINGS. 


Sec. 1728. Mayor may contract for care of foundlings. 
|That] the mayor [be and he] is hereby authorized to contract with Beth- 
esda, St. Anne’s Widows’ Home, Infant Asylum and Lying-in Hospital, and 
in case of colored children with St. Louis Colored Orphans’ Home, at a rate 
not exceeding twelve dollars per month per head for those foundlings 
which may hereafter be admitted under permit of the mayor, such compen- 
sation to be in full for every charge of every nature for the clothing, lodg- 
ing, care, medical attendance and maintenance of the child. (Ord. 18067, 
ord. 18084 and ord. 13525.) 


Ord. 13525 makes provision for St. Anne’s Widow’s Home and Infant Asylum 
and Lying-in Hospital; ord. 18067 (which is the only one of these three referred 
to in Mun. Code, being sec. 1629 thereof) provides for Bethesda Home, and ord. 
18084 for St. Louis Colored Orphans’ Home (for colored foundlings). In as much 
as the provisions for terms, supervision, etc., aS per next three sections, in each 
of these ordinances are identical, they are all included in the same sections. 


Sec. 1729. Children three years or under only included— 
contracts may be abrogated. —Nothing herein contained shall ap- 


916 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 21. 


ply to any child over the age of three years. And provided further that 
the contract may at any time be abrogated by an ordinance. (J/D.) 


Sec. 1730. City given supervision of foundlings.—All found- 
lings admitted to said institution under the terms of this article and said 
contract shall be subject to the supervision and administration of the 
mayor, or of any officer of the city government by him designated for the 
purpose, and the mayor and commissioners on charitable institutions of 
the City of St. Louis shall have a general visitorial supervision over said 
institution during the existence of the contract herein specified, and this 
article shall be set forth in full in said contract. (JD.) 


Sec. 1731. Pay for foundlings ceases when child is three 
years old—legal appropriation required.—No money shall be pay- 
able under said contract for any foundling after the same shall have ar- 
rived at the age of three years; provided, that no contract shall be made 
or entered into by the mayor until the money necessary to pay for the main- 
tenance and support of said foundlings shall be set apart and appropriated, 
as required by the charter of the city. (JD.) 


ARTICLE III. 
OF JAILER. 


Sec. 1732. Jailer—office of created—qualifications.—There 
is hereby established the office of jailer of the City of St. Louis. Said jailer 
to be appointed by the mayor and approved by the council, and to hold his 
office for four years, and until his successor is appointed and duly quali- 
fied. No person shall be appointed to the office of jailer who is not a citi- 
zen of the United States, and who has not been a resident of this city for 
at least two years previous to his appointment. (M. C., sec. 1633.) 


See. 1733. Jailer—his superintendence and authority. 
The jailer shall have under his control and superintendence, the jail, deputy 
jailer and guards, and shall, with the advice and consent of the mayor, pre- 
scribe all needful and proper rules and regulations for the government 
and management thereof, and the treatment of the persons therein confined, 
not inconsistent with the provisions of the general laws of the state or 
charter of the city concerning jails and jailers. (M. C., sec. 1634.) 


Sec. 1734. Jailer—requisition of, for supplies.—The commis- 
sioner of supplies, shall, upon the requisition of the jailer, to be approved 
by the mayor and comptroller, supply all necessaries for the jail, either 
in the way of food, clothing, medicine, bedding, fuel, [or] lights, and all 
other necessaries for the care, confinement and treatment of prisoners, and 
the proper management and conduct of the jail. (M. C., sec. 1635.) 


Sec. 1735. Jailer—quarters and hours of.—The mayor shall 
cause quarters to be assigned to the jailer in the building or square upon 
which the jail is located, and it shall be the duty of said jailer, or his dep- 
uty to be on hand during the day and night to enforce all rules and regula- 
tions in relation to the confinement of prisoners and all other needful meas- 
ures that may be necessary to prevent any infringement of the rules. (M. 


C., sec. 1636.) 


ART. III.] OF JAILER. 917 


Sec. 1736. Jailer—bond and compensation.—The jailer shall 
give bond to the City of St. Louis in the sum of ten thousand dollars, with 
not less than three good and sufficient securities, who shall be owners of 
unincumbered real estate in the City of St. Louis, to be approved by the 
mayor and council, for the faithful performance of his duties; said bond 
shall be filed in the register’s office. The jailer shall receive as compensa- 
tion for his services the sum of fifteen hundred dollars per annum, payable 
monthly. (M. C., sec. 1637.) 


See. 1737. Deputy, guards and cooks—compensation— 
discharge, —The jailer shall appoint, by and with the approval of the 
mayor, a deputy, who shall be the bookkeeper of the jail, and possess the 
same power as the jailer, and shall receive a salary at the rate of one 
thousand dollars per annum, payable monthly. The jailer shall also ap- 
point by and with the approval of the mayor one clerk, who shall receive 
a salary at the rate of six hundred dollars per annum, payable monthly. 
The jailer shall also appoint, by and with the approval of the mayor, the 
following guards, whose compensation shall be as follows, viz.: twenty- 
four guards, three of whom shall be women, so that the women in the jail 
shall be all the twenty-four hours continuously under the care of a woman 
guard. Said guards shall be paid at the rate of seven hundred and twenty 
dollars each per annum, and also one chief cook, one first assistant cook, 
two second assistant cooks whose compensation shall be as follows: chief 
cook at the rate of six hundred dollars per annum; one first assistant cook, 
at the rate of four hundred and eighty dollars per annum; two second as- 
sistant cooks, who shall each receive a salary at the rate of three hundred 
and sixty dollars per annum, all of which shall be paid monthly upon pay- 
rolls certified to the auditor by the jailer. Any of the appointees under 
this section may be discharged at the pleasure of the jailer, with the ap- 
proval of the mayor. (M. C., sec. 1638.) 


See. 1738. Bonds to be given.—The deputy jailer shall give 
bond to the City of St. Louis in the sum of five thousand dollars, and the 
guards shall each give bond to said city in the sum of two thousand dol- 
lars, with two or more securities, who shall be the owners of unincumbered 
real estate in the City of St. Louis, to be approved by the mayor and coun- 
cil, for the faithful performance of their duties. (M. C., sec. 1639.) 


Sec. 1739. Jailer—duties of.—The jailer appointed under this 
ehapter shall do and perform all the acts and duties heretofore discharged 
by the jailer of St. Louis County. He shall be responsible for the manage- 
ment of the jail, the care.and custody of all prisoners and property, and 
any collections of money made by him shall be deposited in the city treas- 
ury, taking triplicate receipts therefor, one of which shall be filed with the 
auditor and one with the comptroller. (M. C., sec. 1640.) 


Sec. 1740. Jail—location of.—The building erected. by the late 
County Court of St. Louis County, on Clark avenue, Eleventh, Twelfth and 
Spruce street, and known and designated as the Four Courts, is the build- 
ing wherein shall be established and located the jail of the City of St. 
Louis. (M. C., sec. 1641.) 


Sec. 1741. Children how confined.—Hereafter all children under 
the age of fifteen years confined in the jail and in the calaboose shall be 
kept separate and apart from the other inmates of said institution. (M. C., 
Sec. 1642.) 


918 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 21. 


ARTICLE IV. 


OF THE WORKHODUSE.* 


Sec. 1742. Location of workhouse.—The houses, inclosures and 
fixtures erected on that portion of the northeast quarter of block number 
eighty-five in the city commons which Hes between Jefferson avenue and 
the macadamized Carondelet road [now corner Broadway and Meramec 
streets] be, and they are hereby declared to be the workhouse of the City 
of St. Louis, and shall be so known and designated. (M. C., sec. 1643.) 


See. 1748. Duties of superintendent enumerated.—tThe super- 
intendent of the workhouse shal! have the control and management of said 
_ workhouse, and it shall be his duty: First—To see that all laws and ordi- 
nances relating to said workhouse are fully and faithfully enforced. Second 
—To exercise a general supervision over the officers and employes con- 
nected with the workhouse and the management thereof. Third—To pre- 
scribe the kind of labor at which and the place where all the prisoners in 
the workhouse shall be employed. Fourth—To establish such rules and 
regulations generally for the government and management of the work- 
house as he may deem proper, not contrary to or inconsistent with the pro- 
visions of this chapter, and to cause the same to be printed and posted in 
each and every department of the workhouse. Fifth—To reside in the tene- 
ment erected for his residence within the workhouse inclosure, and to have 
the care and custody of the workhouse and the grounds, inclosures, fixtures, 
appurtenances and tools, and all property pertaining thereto, and of all 
persons pertaining thereto, and of all persons confined therein, and daily to 
visit all departments thereof and see if the same is properly cleaned and 
in good order. Sixth—To attend to the management of the prisoners and 
guards; to see personally that the prisoners are employed. at the places 
and the work directed by the board of public improvements; to see per- 
sonally that the guards do their duty; to attend to the safe-keeping of the 
prisoners; to see that the prisoners are’ properly lodged and fed, and to 
report to the mayor at the end of each month the amount and description 
of work done by the prisoners, the amount of the stock on hand produced 
by their labor, the amount produced during the month and the amount: 
sold during the month; the condition of the property of the city connected 
with the workhouse and such other facts as may be required. Seventh—To 
deliver to his successor in office all prisoners confined in the workhouse 
and all property of the city connected therewith. (M. C., sec. 1644.) 


*See Charter, Art. I, sec. 1; Art. III, sec. 26, clause third; but special authority 
is found in Art. III, sec. 26, clause tenth; see also authorities and discussion in 
note to R. C., sec. 1265, treating of police courts, punishments and penalties, pro- 
visions applicable to workhouse, etc., to which may be added Ulrich vs. St. Louis, 
112 Mo. 1388, 144: “‘The city defendant in conducting its wor-chouse cannot be re- 
garded as doing so as a means of profit or private municipal gain or revenue. 
It is obvious beyond question that the workhouse in this case was erected and 
conducted for the public good, and imprisonment therein was only the legitimate 
exercise of suitable police regulations such as the city undoubtedly had the power 
to enact.” Hence it was held that the city was not liable for alleged negligence 
of the superintendent. 


Persons under certain age may be sent to the House of Refuge (now called 
St. Louis Industrial School) instead of the workhouse: see references in note to 
next article of this chapter. 


By the Charter, Art. VI, sec. 1 (paragraph on “Construction—Culverts—Par- 
tial Grading,” etc) there is a proviso that such work may be done by the city 
“by the labor of prisoners at the workhouse.”’ 


ART. IV.] OF THE WORKHOUSE. 919 


Sec. 1744. Record of prisoners to be kept.—The superin- 
tendent shall also receive all persons committed to the workhouse by the 
marshal and register in a book, to be kept for that purpose, the name, age, 
height, color, place of birth of each prisoner received, and such other facts 
as may be necessary, and the number of times said prisoner has been com- 
mitted. (M. C., sec. 1645.) 


Sec. 1745. Account of days worked and _ prisoners.—He 
shall also keep an accurate account of days worked by each prisoner, and 
also keep a daily account of the number of prisoners on hand and the work 
at which they have been employed. (M. C., sec. 1646.) 


Sec. 1746. Termination of confinement to be noted.—The 
superintendent shall note when the time of any prisoner is out, or he is 
otherwise legally entitled to his discharge, upon his books. (M. C., sec. 
1647.) 


Sec. 1747. Books to.be kept by superintendent.—The super- 
intendent shall have prepared and.kept in his office a set of books, in 
which shall be entered all receipts and expenditures on account of the 
workhouse, and all clothing, tools, provisions and other articles procured 
for the same, and he shall report to the comptroller, at the end of each 
month, a detailed statement of all such receipts and expenditures. (M. C., 
sec. 1648.) 


Sec. 1748. Monthly requisitions for supplies to be made. 
—It shall further be the duty of the superintendent of the workhouse to 
prepare and submit at the end of each month to the commissioner of sup- 
plies a fuli and detailed requisition of the necessary supplies for the work- 
house, such as provisions, clothing, tools, provender for horses, and such 
other articles as may be required for the use of said institution for the 
next ensuing month. (M. ©., sec. 1649.) 


See. 1749. Supervision of food and apartments—other 
duties.—The superintendent shall also supervise the cooking and pro- 
viding of meals for the prisoners, and see that they have sufficiently good 
and wholesome food, and that their sleeping apartments are properly 
cleaned and ventilated, and to attend to all other duties that may be re- 
quired of him by the board of public improvements. (M. C., sec. 1650.) 


See post R. C., sec. 1766. 


See. 1750. Food to be provided for guards and employes. 
—The superintendent shall provide suitable food for the guards and em- 
ployes of said workhouse, and the requisitions for said food shall be made 
in the same manner as prescribed in section 1748, but separate accounts 
shall be kept by the commissioner of supplies and superintendent of work- 
house of the supplies furnished under this section, but no compensation 
therefor shall be allowed the said superintendent or other officer of said 
institution other than their lawful salaries. (M. C., sec. 1651.) 


See. 1751. Record to be made in cases of commitment, 
—Whenever the marshal shall commit any person to the workhouse, he 
shall indorse upon the execution the amount of money or other property 
that he may have in his hands, belonging to such prisoner, and shall de- 
liver to the superintendent a copy of the execution under which the cou- 


920 REVISED CODE OR GENERAL ORDINANCES. [CHAPS 2I. 


mitment takes place, and the indorsement thereon, and the superintendent 
shall indorse a receipt for the prisoner on the execution held by the mar- 
shal. The superintendent shall then enter in a book the executions and 
indorsements thereon, and the number of days’ labor which the prisoner 
must give to discharge the execution and costs, with the costs of boarding 
added, at the rate of thirty cents per day. (M. C., sec. 1652.) 


See. 1752. Disposition of effects of prisoners.—Upon receipt 
of any prisoner the superintendent shall divest him of all articles of value, 
and all unnecessary wearing apparel, and all such articles shall be regis- 
tered in a book and returned to the owner upon his being discharged. ({M. 
C., sec. 1653.) 


Sec. 1753. Employment of prisoners,—The superintendent shall 
keep all prisoners committed to the workhouse employed at such useful and 
profitable labor as their health and strength will permit, ten hours each 
day; but no prisoner shall be required to work before sunrise or after sun- 
set, except in extraordinary cases, and then he shall be allowed extra pay 
at the rate of fifteen cents per hour. (M. C., séc. 1654.) 


See Charter, clause 10 of sec. 26 of Art. III. The city has no authority under 
the charter to let the prisoners by contract to a private party to be worked by 
him for a consideration to be paid the city; but neither is such action expressly 
prohibited; hence if such contract be in fact made the city can recover for work 
done by the prisoners, and the contractor is estopped, after deriving benefits un- 


der his contract, from setiuing up its invalidity: St. Louis vs. Davidson, 102 
Mo. 149. 


By Charter, Art. VI, sec. 1, end of paragraph on Construction, Culverts, Par- 
tial Grading, it is provided that the city may do such work “by the labor of 
prisoners at the workhouse.” 


Sec. 1754. Superintendent—receipt to be taken by for 
bills.—Whenever the superintendent shall deliver any bill to the collector 
for collection, for work done by the prisoners or material sold from the 
workhouse, he shall take triplicate receipts from the collector, one of which 
he shall file in the office of the comptroller, one in the office of the auditor, 
and one shall be filed in the office at the workhouse; said receipts shall 
specify the name of the party indebted to the city, the amount due, the 
character of the work done or materials furnished, and the date of contract. 
(M. C., sec. 1657.) 


Sec. 1755. Daily accounts of prisoners and work—bills— 
accounts of superintendent—auditing.—The superintendent shall 
cause to be kept in proper books, a daily account of the number of prisoners 
on hand, and the work at which they have been employed. All bills against 
said workhouse shall be signed by the superintendent; and his accounts so 
certified shall be audited by the auditor, in the same way other accounts 
are audited, and he shall draw his warrant on the treasurer for such 


amounts, payable out of the appropriation for the workhouse. (M. C., 
sec. 1658.) 


Sec. 1756. Treatment of disorderly prisoners,—<Any person who 
shall refuse to work, or who shall behave in a riotous or disorderly manner, 
or shall resist or attempt to escape from the workhouse, may be committed 
to close and solitary confinement, and may be fed on bread and water until 
he consents to perform his duty; and may, if necessary, be put in irons; but 
the mayor shall have power to control the superintendent in the extent and 
manner of punishment. (M. C., sec. 1659.) 


“That the city may make reasonable rules of discipline for the government of 


Od ES Be OF THE WORKHOUSE. 92} 


the inmates of the workhouse is beyond question. Ulrich vs. St. Louis, 112 Mo. 
138. A rule of discipline requiring the prisoners in that institution to labor, is a 
reasonable rule both for discipline and for sanitary reasons’: Bland, P. J. in St. 
Louis vs. Karr, 85 Mo. App. 613. 


Sec. 1757. Notice to be given of escapes.—Whenever any 
prisoner shall escape from the workhouse the superintendent shall imme- 
diately notify the mayor and the chef of police thereof and shall furnish 
the latter with a description of the fugitive, and a statement of the man- 
ner of escape, and if he fails so to do within twenty-four hours after such 
escape, he shall be liable for the amount of fines and costs due from such 
prisoner. (M. C., sec. 1660.) 


See. 1758. Penalty for escapes.—Any prisoner escaping from the 
workhouse shall forfeit the time he may have labored therein; and, upon 
being retaken, shall work out the whole amount for which he was originally 
committed, and the cost of boarding for the whole time. (M. C., sec. 1661.) 


The validity of this section in thus lengthening the original term without a 
trial and conviction is by no means clear. 


Sec. 1759. Prisoners—forfeitures and credits.—Any prisoner 
who may be placed in solitary confinement, or may refuse to perform his 
task, shall not be allowed a credit for the time of such confinement or re- 
fusal; and the cost of his boarding during the time of such confinement or 
refusal shall be added to the amount for which he was committed; and 
worked out by him. If any prisoner shall be sick and unable to work, he 
shall be allowed his time as though he had worked, but the amount of his 
board shall be charged to him. If the weather should be so inclement that 
the prisoners cannot work, those who cannot be kept at work for that rea- 
son shall, nevertheless, be allowed a credit as though they had worked, but 
their board for such time shall be charged to them. (M. C., sec. 1662.) 


This section in effect confers upon the superintendent of the workhouse the 
power, under the guise of enforcing a rule of discipline, to judicially convict, sen- 
tence and confine a prisoner in that institution beyond the maximum period of six 
months, prescribed by the Charter (Art. III, sec. 26, clause 10); and so much 
thereof as authorizes the superintendent to not a1iow credit for any days of serv- 
ice in the workhouse against the time of imprisonment for which the offender 
was convicted, violates the Charter, and section sv of tne Biil ot Rights, in that 
it authorizes deprivation of liberty without due process of law, and is for that 
reason void: St. Louis vs. Karr, 85 Mo. App. 608, 614. 


Sec. 1760. Rules of confinement of prisoners.—Prisoners shall 
be confined within the appropriate apartments within one hour after sun- 
set, and all lights in such apartments shall be extinguished by nine o’clock 
p- m., between the first of April and the first of October, and by eight 
o'clock p. m., during the remainder of the year, and no lights shall be al- 
lowed in the sleeping apartments of any prisoner, except in case of sickness, 


and then only under the direction of the physician in attendance. (M. C., 
sec. 1663.) 


Sec. 1761. Prisoner may obtain discharge, when.—Any pris- 
oner may at any time pay the superintendent the amount of execution and 
costs, or balance due thereon, after deducting such credits as he or she 
may be entitled to; and, upon such payment, or upon any prisoner work- 
ing out their fine and costs, or if he or she should be otherwise legally en- 
titled to their discharge, the superintendent shall give the prisoner a printed 
or written discharge and set the same at liberty. The prisoners shall each 


922 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 21. 


be allowed fifty cents per day for their work, exclusive of board. (M. C., 
sec. 1664.) 

Chart., III, sec. 26, clause 10. See note above that term cannot be lengthened. 

And in the case of In re Larkowski, 94 Mo. App. 623, it is held that a prisoner 

sentenced from the Court of Criminal Correction for misdemeanor, is entitled to 


work out his fine at one dollar per day, and that a provision crediting him only 
fifty cents per day is void as in conflict with State statutes. 


Sec. 1762. Restriction of intercourse with prisoners,—No 
person, except the mayor, members of the municipal assembly and officers 
of the workhouse, shall hold any intercourse with any prisoner, unless per- 
mitted by the superintendent or mayor. (M. C., sec. 1665.) 


Sec. 1763. What prisoners to occupy separate apartments. 
—The superintendent shall not permit male and female, or white and col- 
ored persons, to occupy the same apartments. (M. C., sec. 1666.) 


See. 1764 Treatment of sick prisoners,—Whenever any pris- 
oner is sick the superintendent shall notify the superintendent of the city 
hospital of the fact, who shall thereupon detail one of the assistant phy- 
sicians to visit the sick prisoner, and furnish the prisoner with proper med- 
icines and medical attendance, and the superintendent shall see that the 
prisoner is properly nursed and attended, and the cost of all medicines, 
nursing, and attendance shall be allowed as other expenses of the work- 
house. (M. C., sec. 1667.) 


Sec. 1765. Physician for workhouse.—The superintendent 1s 
hereby authorized to employ a physician subject to the approval of the 
mayor, for the compensation of fifty dollars per month, to render all the 
medical treatment necessary to the inmates of the workhouse and to attend 
said institution every day for said purpose. Said employment shall be from 
month to month and may be terminated at the end of any month without 
previous notice. The expense created by the above employment shall be 
allowed as other expenses of the workhouse, and during said employment 
it shall be unnecessary to detail a physician from the city hospital, as pro- 


vided in section 1764. (M. C., sec. 1668.) 


Sec. 1766. Same—duty respecting food of prisoners.—lIt shall 
be the duty of the physician employed under the authority of section 1765 
to visit the eating rooms of the prisoners of the workhouse during meal 
time, at least once each week, or oftener if he shall deem it necessary, and 
he shall make a careful examination of the food furnished the prisoners, and 
if, in his opinion, the food of the prisoners be not sufficient or of the proper 
quality, he shall make such recommendations for a change of diet as may 
be requisite for the health of the prisoners, and he may direct the superin- 
tendent to change the diet of the prisoners in accordance with this recom- 
mendation. The physician shall also forward to the mayor a copy of his 
order to the superintendent of the workhouse in relation to the diet of the 
prisoners, and he shall also report to the mayor any failure on the part of 
the superintendent of the workhouse in carrying out his instructions. (Ord. 
21508.) 


Prior to this amendment this duty was imposed upon the health commissioner. 
It was held that a failure to attend to the same warranted proceedings for his 
removal by the mayor: State ex rel. vs. Walbridge, 62 Mo. App. 162, 165; as to 
duty of superintendent respecting food see R. C., sec. 1749. 


ART. IV.] OF THE WORKHOUSE. 923 


See. 1767. When prisoners removed to hospital.—Whenever 
the superintendent of the workhouse is of the opinion that any prisoner 
confined in the workhouse is sick or injured, and cannot receive proper 
treatment while so confined, he shall notify the health commissioner of the 
fact, who thereupon shall give the superintendent of the workhouse a re- 
ceipt for said prisoner and have said prisoner removed to the city hospital 
for treatment, provided in his judgment it is proper so to do, and should 
such prisoner recover his health or recover from his injuries sufficiently 
to be able to work, he shall be recommitted to the workhouse and shall work 
out the remainder of his time. (M. C., sec. 1669.) 


See. 1768. When guards, ete., may be discharged.—The 
superintendent may, on account of neglect of duty or upon other good 
cause, discharge any of the guards or other employes of the workhouse 
and appoint others in their stead, in the manner hereinafter provided for 
appointments by him. (M. C., sec. 1671.) 


Sec. 1769. Intoxication or neglect of duty to cause discharge 
of guards.—Any guard who shall, while on duty, be in a state of intoxi- 
cation or shall otherwise fail in the discharge of any of his duties, shall be 
discharged forthwith by the superintendent, and the facts in the case re- 
ported to the mayor. (M. C., sec. 1672.) 


See 1770. Employment of prisoners on public work—short- 
ening term of imprisonment for good behavior.—The board 
of public improvements, by and with the approval of the mayor, may em- 
ploy any of the prisoners on any public work, under such rules and regula- 
tions as they may prescribe; and to encourage good behavior on the part 
of the prisoners thus employed, the board of public improvements shall 
have the power, by and with the approval of the mayor, to offer and give 
such rewards as they may deem proper; provided, however, that such re- 
ward shall only be in the nature of a deduction of the time for which such 
prisoners may have been sentenced to the workhouse. And said prisoners 
may be employed in the above manner in grading any duly established 
street or alley in the city, at the instance and request of the board of pub- 
lic improvements, which is hereby vested with authority to cause any pub- 
lic street or alley to be graded in the manner aforesaid; provided, however, 
the approval of the mayor shall first be had and obtained. (M. C., sec. 1673.) 


See. 1771. Prisoners—may be employed elsewhere than at 
workhouse.—The superintendent shall, upon the direction of the board 
of public improvements, work any portion of the prisoners not actually re- 
quired at the workhouse, or on the work of the city, on any public or private 
work, and the amount of such work shall be collected in the manner here- 
inbefore provided, and paid into the city treasury, and placed to the credit 
of the workhouse fund. (M. C., sec. 1674.) 


See. 1772. Superintendent to report to assembly.—The super- 
intendent shall, at the opening of each stated session of the municipal as- 
sembly report to that body a detailed statement of the operations and 
affairs of the workhouse during the preceding year; setting forth the num- 
ber of prisoners received; the number then at the institution; the age, sex 
and place of birth of all the prisoners; the value and description of the 
work performed by them in detail, and the expenditures and receipts on 
account of the workhouse. (M. C., sec. 1675.) 


924 REVISED CODE OR GENERAL ORDINANCES. ([CHAPe 721. 


Sec. 1773. Precautions against escapes—arrests.— The 
superintendent shall have power to take all necessary measures to guard 
the workhouse, and to prevent the escape of the prisoners, and he or any 
city officer, or other person, is authorized to arrest, without warrant, any 
person who shall have escaped from the workhouse. (M. C., sec. 1676.) 


Sec. 1774. Trespassing on workhouse premises—helping 
escapes—penalty. —The superintendent, or any officer of the workhouse, 
may arrest, without warrant, any person trespassing upon the workhouse 
premises, or attempting to rescue any prisoner, or assisting or attempting 
to assist any prisoner to escape, or hindering or attempting to hinder the 
superintendent or any afficer of the workhouse in the lawful discharge of 
any of his duties, and any person so doing shall be deemed guilty of a 
misdemeanor, and on conviction thereof, shall be fined not less than five 
nor more than one hundred dollars. (M. C., sec. 1677.) 


Sec. 1775. Clothing of prisoners.—Prisoners shall be furnished 
with suitable clothing, when necessary, at cost, provided, that they agree 
that the expense thereof shall be worked out by them in like manner as the 
amount of fine and costs for which they were committed. (M. C., sec. 1678.) 


See. 1776. Officers forbidden to deal in supplies.—The 
superintendent, or any officer of the workhouse, shall not be permitted to 
trade in, or sell any articles of any kind to the city for the use of the work- 
house. (M. C., sec. 1679.) 


Sec. 1777. Officers to be appointed.—The superintendent shall, 
with the approval of the mayor, appoint the following officers, to-wit: An 
officer to be styled clerk, one foreman in the quarry, one foreman in the 
yard, two street grading foremen, and one macadam foreman, a blacksmith, 
and such guards and other employes as may be necessary. (M. C., sec. 
1680.) 


See. 1778. Clerks and gate keeper—duties.—The duties of 
clerk and gate keeper of the workhouse shall be performed under the direc- 
tion of the superintendent, and he shall assist the superintendent in keeping 
the books, and no person shall be appointed that is not competent to the 
task. (M. C., sec. 1681.) 


See. 1779. Salary and bond of superintendent.—The super- 
intendent shall receive a salary of twelve hundred dollars a year, payable 
monthly, and he shall be furnished by the city, in addition thereto, with 
the necessary furniture for the tenement erected for his residence within 
the workhouse inclosure, and all the provisions, etc., necessary for the 
maintenance and support of himself and family; and shall before entering 
upon the duties of his office, give a good and sufficient bond in the sum 
of ten thousand dollars, with two or more securities, owners of unincum- 
bered real estate in the City of St. Louis, conditioned as the bond of other 
city officers, and to be approved by the mayor and council. (M. C., see. 
1682.) 


See. 1780, Salaries and bond of employes.—The salary of the 
clerk shall be nine hundred dollars per annum, and he shall give bond in 
the sum of two thousand five hundred dollars, conditioned as the bond of 
other city officers, to be approved by the mayor and council. The salary of 


J da a OF THE ST. LOUIS INDUSTRIAL SCHOOL. 925 


the foremen and blacksmith shall be each seven hundred and twenty dollars 
per annum, of the guards six hundred dollars per annum, hostler four hun- 
dred and eighty dollars per annum, and one cook at seven hundred and 
twenty dollars per annum. The salary of such other employes as may be 
found necessary shall be, excepting day laborers, three hundred sixty dollars 
per annum. (M. C., sec. 1683.) 


See. 1781. Engineer and assistant.—There shall be appointed by 
the superintendent of the workhouse, with the approval of the mayor, an 
engineer and an assistant engineer, who shall be pyt in charge of the heat- 
ing apparatus at the workhouse. They shall be regularly licensed engi- 
neers, and shall possess the qualifications prescribed in section ten, article 
four of the charter. Said engineer and assistant engineer shall be employed 
only during the season that such heating apparatus is required to be used. 
(M. C., sec. 1684.) 


See. 1782. Salaries of engineer and assistant.—The compen- 
sation of. the engineer shall be at the rate of sixty dollars per month, and 
that of the assistant engineer at the rate of fifty dollars per month, said 
salaries to be paid monthly, and they shall also receive their board and 
washing at the workhouse. (M. C., sec. 1685.) 


See. 1788. Record to be Kept of articles received and 
sent.—It shall be the duty of the superintendent to cause to be kept in a 
proper book a daily record of all articles received at said workhouse, and 
from whom received; also a daily record of every article sent from said 
workhouse, and the name of the person to whom said article was furnished. 
(M. C., sec. 1686.) 


See. 1784. When prisoners to be used for loading.—lIt shall 
not be lawful to employ the prisoners confined in the workhouse in loading 
materials sold from the workhouse, except in such cases as may be specially 
provided for by contract. (M. C., sec. 1687.) 3 


ARTICLE V. 


OF THE ST. LOUIS INDUSTRIAL SCHOOL.* 


Sec. 1785. Name of House of Refuge changed to St. Louis 
Industrial School. —The institution known as the St. Louis House 
of Refuge shall hereafter be known by the title “St. Louis Industrial 
School.” (Ord. 22145, sec. 1.) 


*This institution is the St. Louis House of Refuge, the name of which by or- 
dinance 22145 approved Nov. 21, 1905, was changed to St. Louis Industrial School. 
The House of Refuge, its organization, functions and management, is governed by 
the provisions of Laws 1873 (now Rev. St. 1899, pages 2553-2556, secs. 1 to 13, set out 
under ‘‘Laws Specially Applicable to St. Louis,’ with notes thereto, Chap. 14, secs. 
355-367.) See also for Charter authority, Chart., Art. I, sec. 1; for building, 2zé., 
Art. III, sec. 26, clause 3; the mayor appoints superintendent subject to confirma- 
tion’ by council: Charter, Art: IV, secs. 2 and 9; also R. C. 1509; also four mem- 
bers as board of managers, of which he is ev officio a member: R. S. 1899, p. 
25538, sec. 1; R. C., sec. 1510. As to imprisonment for crime in this institution see 
In re Larkowski, 94 Mo. App. 623; for the charitable and valuable functions of 
the institution see State ex rel. vs. Walbridge, 69 Mo. App. 1. c. 667; also In re 
Larkowski, supra. By Laws 1905, p. 301, the board of managers of the House 
of Refuge is authorized to arrange with the Public School Board for the educa- 
tion of the inmates of that institution. See notes and comments contained in 
notes to the statutes (above referred to) which are set out in Laws Specially 
Applicable to St. Louis, Chap. 14, secs. 355 to 367, pages 162-164. 


926 REVISED CODE OR GENERAL ORDINANCES. LCHAP 22. 


Sec. 1786. Change of name not to affect law regulating 
same.—The change of name of said institution hereby ordained shall in no 
wise be construed to change, impair or otherwise affect existing provisions 
of law regulating to said institution, except so far as to change the name 
thereof. (Jb., sec. 2.) 


CHAPTER 22. 


PLUMBING AND DRAINAGE DEPARTMENT.* 


Sec. 1787. Board of public improvements given supervision 
of.—The board of public improvements is hereby charged with the supervision 
of plumbing and drainlaying, and of all matters pertaining thereto. (M. 
C., sec. 1688.) 


See. 1788. Drainlayers and plumbers to be registered.—Said 
board is hereby authorized and directed to register, in a book kept for that 
purpose, the full name, residence and place of business of all persons, firms 
or corporations, who may desire to engage in the business or trade of 
[plumbing orf] drainlaying in the city, either as masters or workmen, and 
to issue to such parties as are found competent, certificates of authority to 
do [plumbing ort] drainlaying connected, or to be connected with the water 
supply or drainage system of the city» provided, such persons, firms or cor- 
porations shall have fully complied with the conditions prescribed in this 
chapter. (M.C., sec. 1689.) 

+The words “plumbing or’’ indicated in brackets in the above section are elim- 
inated therefrom by an amendment made by ordinance 23007, approved April 1, 
1907, after the Revised Code. The amendment is made because by that ordinance 


the Plumbers’ Board of Examiners is created which makes provision for the reg- 
istration of plumbers, ete. (See ord. 23007 set out in appendix.) 


See. 1789. Suspension or cancellation of certificate.—Said 
board shali have power, and is directed to suspend for a definite time, or 
to cancel, at the discretion of the board, any certificate of authority granted 
hereunder, if, after notice and opportunity to be heard, the party named 
therein is found guilty of violating the terms and conditions of this chap- 
ter, or the rules and regulations established by the board of public improve- 
ments, under the authority of the charter or ordinances of the city. (M. 
C., sec. 1690.) 


Sec. 1790. Authority of board. —Said board is further authorized 
to establish rules and regulations for the government of plumbing and drain- 
laying, and of the persons doing such work, and to do all other acts neces- 
sary to carry out the provisions of this chapter. (M. C., sec. 1691.) 


Sec. 1791. Supervisor of plumbing—subordinates.—The presi- 
dent of the board of public improvements, with the approval of the mayor, 


*For regulations as to attachments with the water works pipes, etc., see R. C., 
secs. 2204 ef seg. 


Ordinance 23007, approved April 1, 1907, (after the Revised Code) creates the 
Board of Examiners of Plumbers, defines its duties and powers, regulates exam- 
inations and registration of plumbers, ete., and amends secs. 1689 and 1697 of 
the former Municipal Code, corresponding to sections 1788 and 1796 of this Re- 
vised Code. See that ordinance set out in full in Appendix to Rev. Code. 


CHAP. 22.] PLUMBING AND DRAINING DEPARTMENT. 927 


shall appoint a supervisor of plumbing and drainlaying, who shall be, by 
training and experience, competent to design and execute plumbing work. 
His official title shall be “Supervisor of Plumbing,’ and he, with the ap- 
proval of the president of the board of public improvements, shall appoint 
one clerk, one bookkeeper , one messenger, and such number of inspectors as 
may be necessary to do the work required or authorized by this chapter. 
Said inspectors shall be skilled and experienced in the kind of work they 
are to inspect. (M.C., sec. 1692.) 


Sec. 1792. Bonds and salaries.—The Supervisor of Plumbing so 
appointed, shall give a bond in the sum of ten thousand dollars and_ shall 
receive a salary of two thousand dollars per annum. The clerk shall give 
a bond in the sum of two thousand dollars and shall receive a salary of 
twelve hundred dollars per annum. The bookkeeper shall give a bond in the 
sum of fifteen hundred dollars, and shall receive a salary of one thousand 
dollars per annum. Inspectors shall give bonds in the sum of one thousand 
dollars, and shall receive the sum of one hundred twenty dollars each per 
month for their services and for the use of a horse vehicle, which shall be 
furnished and kept by them. The messenger shall receive sixty dollars per 
month. All bonds required to be given under this chapter shall be ap- 
proved by the council and mayor, and all salaries shall be payable monthly. 
(M. C., sec. 1693.) 


See. 1793. Supervisor—duties of—under whose control— 
inspection.—It shall be the duty of the Supervisor of Plumbing to receive 
and examine all plans of plumbing and drains submitted for approval. If 
he finds them in accordance with the ordinances, rules and regulations for 
the government of plumbing and drainlaying he shall indorse the original 
plan or plans as approved and issue a permit for the construction thereof, 
and shall file in convenient form for reference the duplicate plan or plans. 
If the plans submitted are not in accordance with ordinances, rules and 
regulations, he shall reject them, and, if requested, he shall state the grounds 
of rejection. Approval or rejection of plans shall be made within two days 
after the date of filing. He shall give general information and advice as 
to the meaning and requirements of the ordinances, rules and regulations to 
persons desiring the same. He shall investigate cases reported, or referred 
to him of bad or imperfect work or material, old or new, and report the same 
to the board of public improvements when called for, or to the board of 
health if the matter falls within the jurisdiction of the latter board. He 
shall report all cases of violation or attempted violation of the ordinances, 
rules or regulations on the part of plumbers, drainlayers, builders, owners 
or agents, and under the instructions of the board of public improvements, 
prosecute the offending party. He shall have charge of all employes ap- 
pointed by him, and shall see that they perform their duties faithfully. He 
Shall issue all notices and certificates of registration, and keep a record of 
all inspections made, and when the plumbing or drainlaving of any premises 
shall be satisfactorily completed, he shall issue to the party doing the work, 
a certificate that the same is lawfully and properly done. He shall super- 
vise water and sewer connections and all excavations for the purpose of mak- 
ing or repairing the same, and in so acting he shall be the agent and repre- 
Sentative of the street, water and sewer commissioners, and shall act under 
their instructions in matters pertaining to the several departments, in the 
manner and to the extent necessary to carry out this chapter and the provis- 
ions of the revised ordinances (Revised Code) of the city. He shall charge 
to the account of each plumber and drainlayer the fees for inspections herein 
authorized to be charged for and shall certify to the president of the board 


928 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 22. 


of public improvements, to the comptroller and to the auditor, monthly, the 
amounts charged against each deposit made by plumbers, and drainlayers, 
so that such may be transferred to the proper fund. The supervisor of 
plumbing shall be under the control of the board of public improvements and 
said board shall have the power to remove him at its pleasure. Inspectors 
shall, under the direction of the supervisor of plumbing, inspect all buildings 
in course of erection, alteration or repair, as often as may be necessary, and 
shall see that all plumbing, drains and sewer work is done in accordance 
with the rules and regulations herein established or authorized, and that the 
work is done by persons authorized to do such work. They shall report all 
of their acts and such details as to imperfect or unlawful work, as the 
supervisor of plumbing may require. The supervisor of plumbing may, 
with the approval of the board of public improvements, divide the city into 
districts and assign an inspector to a single district. (M. C., sec. 1694.) 


See. 1794. Registration of plumbers—bonds.—It shall be the 
duty of every person, firm or corporation desiring to engage in the business 
of plumbing or drainlaying in the City of St. Louis, to have his, her or their 
full name, residence and place of business registered in the book kept for 
that purpose by the supervisor of plumbing, and in’ case of removal or 
change in the firm to have such change made in the register without delay. 
It shall be the duty of every such party to give a bond in the sum of two 
thousand dollars as plumber, and in the sum of one thousand dollars as 
drainlayer, if the party desires to engage in both departments of business, 
otherwise only for the particular department engaged in. Said bonds shall 
be signed by two good and sufficient securities, holders of unincumbered 
real estate in the City of St. Louis, to be approved by the mayor, and shall 
be filed with the register, and shall be conditioned that they will faithfully 
observe all ordinances of the city pertaining to plumbing, drainlaying or 
excavations, and of all rules and regulations established under the auther- 
ity of such ordinances; that all plumbing or drainlaying work done by them, 
or under their control, shall be executed in a workmanlike manner; that 
they will employ no workmen but such as have certificates of registration 
as herein required; that they will indemnify and save harmless the City 
of St. Louis from all accidents and damages caused by any negligence in 
protecting their work, or by any unfaithful or inadequate work done by 
themselves or their employes, and the bond shall be for the benefit of all 
persons injured or aggrieved by any violation or neglect to observe the 
ordinances of the city or the rules and regulations established under the 
authority of such ordinances. Said bonds shall be renewed at intervals of 
four years or oftener, if the security should be impaired, at the demand of 
the board of public improvements. (M. C., sec. 1695.) 


Sec. 1795. Plumbers, etc.—registered—duties of.—It shall be 
the duty of every registered plumber or drainlayer to display at his place 
of business, in a conspicuous position, a sign with the full registered name, 
and the words “registered plumber (or drainlayer)” in letters not less than 
three inches in size. It shall be unlawful for any person, firm or corpora- 
tion, not so registered, or whose certificate of registration has been sus- 
pended or canceled, to exhibit the sign herein described, or in any way to 
represent himself or itself to be registered and authorized to do plumbing 
or drainlaying. No person, firm or corporation not so registered, or whose 
certificate of registration has been suspended or canceled, shall be given a 
permit to make or repair any sewer, drain or connection therewith, or to 
do any work upon pipes or appurtenances connected with the waterworks 
of the city. Registered plumbers and drainlayers shall furnish, when re- 


CHAP. 22.] PLUMBING AND DRAINING DEPARTMENT. 929 


quired by the supervisor of plumbing, the full names of the workmen em- 
ployed upon any job or piece of work at any time within one year of the 
completion and acceptance of such work. It shall be the duty of every 
registered plumber or drainlayer, before commencing the construction of 
new or the re-construction of old work, to file in the office of the supervisor 
of plumbing duplicate plans of all work proposed to be done, showing the 
whole course of the drains, soil, supply and waste pipes, the arrangements 
and connections of all fixtures, the position of all traps and of their ven- 
tilation, and such other details as the supervisor of plumbing may be au- 
thorized by the board of public improvements to require. Said plans may 
be returned for amendment until made satisfactory. Approval shall be at- 
tested by indorsement on the copy of the plans which shall be returned to 
the party filing the same, the duplicate copy being filed in the office of the 
supervisor of plumbing. The plans approved shall not be varied from, ex- 
cept an amended plan is first submitted and approved. (M. C., sec. 1696.) 


Sec. 1796. Plumbers—journeyman—certificate to be obtained. 
—It shall be the duty of every person employed, or working at the trade 
or vocation of [plumber*], drainlayer or sewer builder, to secure a certificate 
of registration as [practical plumber*], drainlayer or sewer builder, from 
the supervisor of plumbing, [and to show such certificate to any inspector 
of plumbing or policeman on demand.*] The certificate shall specify the 
kind of work the person to whom it is given is authorized to do. Said 
certificate shall be given without charge, for one year from the date thereof, 
to all persons who furnish satisfactory evidence of their skill and experi- 
ence in the kind of work the applicant desires to do. Persons to whom a 
certificate is refused shall have the right to appeal to the board of public 
improvements, and in prosecuting such appeal, to present oral and docu- 
mentary evidence of fitness. The board of public improvements may, after 
notice and opportunity to be heard, suspend any certificate for a definite 
period, or cancel the same, if the party is found guilty of violating the ordi- 
nances or rules and regulations duly established, or is shown to be negli- 
gent, unskillful or unfaithful in his work, or to be a person unfit or un- 
worthy of being trusted or employed in the work of plumbing or drainlay- 
ing. Work done by any uncertified workman, or one whose certificate has 
expired, been suspended, or canceled, shall not be inspected and accepted. 
Inspectors and policemen are authorized to take up and return to the super- 
visor of plumbing, any certificate found in the possession of persons other 
than he to whom it was issued, and inspectors shall mark certificates as 
expired, suspended or canceled, when directed by the supervisor of plumb- 
ing so to do. (M. C., sec. 1697.) 


*The section was amended in the ordinance creating the Plumbers’ Board of 
Examiners, which affected those parts indicated in brackets in the above sec- 
tion. Said ordinance is No. 23007, approved April 1, 1907, (after the Revised Code). 
The amendment, so far as relating to section 1796 (which was sec. 1697 of the 
old Mun. Code) consisted in striking out the words “plumber” in line two, and 
“practical plumber” in line three, and by striking out the words “and to show 
such certificate to any inspector of plumbing or policeman on demand” and in- 
serting in lieu thereof the words: “and it shall be the duty of every person em- 
ployed or working at the trade or business of plumbing or drainlaying or sewer- 
building to show on demand his license or certificate to engage in such work to 
any inspector of plumbing or policeman.” (See this ordinance No. 23007 set out 
in appendix.) 


See. 1797. Deposit—of whom required—inspection.—It shall 
be the duty of every registered plumber and drainlayer to keep on deposit 
with the city treasurer, to the credit of “contract and other deposits,” at all 
times a sum sufficient to pay the fees for inspecting the work done by such 


930 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 22. 


plumber or drainlayer. For each inspection of such work the supervisor of 
plumbing shall charge the sum of one dollar against said deposit, and the 
supervisor of plumbing shall be the judge, subject to the board of public 
improvements, of the number of inspections to be made and charged for in 
any case. No permits for sewer or water connections shall be given to par- 
ties who have not made the deposit herein required, or who shall neglect to. 
renew the deposit for five days after being notified so to do. It shall be 
the duty of every registered plumber and drainlayer to rotify the super. 
visor of plumbing when work is ready for inspection, and no work shall be 
covered up or in any way concealed until it has been inspected and approved. 
Plumbers shall also notify the supervisor of plumbing of all extensions or 
alterations of fixtures and pipes made by them, so that the same may be in- 
spected. (M. C., sec. 1698.) 


Sec. 1798. Sewerand water connections, without permit, for- 
bidden—conditions.—No house, building or premises shall be connected 
with water mains or sewers, or excavation made in streets or alleys there- 
for, without permits issued under the authority of the street, water and 
sewer commissioners. The conditions of such permits must be strictly com- 
plied with, as part of the rules and regulations governing plumbing and 
drainlaying. <All work must be done by the plumber and drainlayer, in: 
whose name ihe permits given under this chapter are issued. The provisions 
of this chapier shall apply to all sewers and water pipes, whether the same 
are on private property or in public streets or alleys. ( M. C., sec. 1699.) 


As to obtaining connections with the city water works pipes, see post R. C.,. 
Chap. 39, secs. 2504 to 2527; see also R. C., sec. 145. 


Sec. 1799. Plumbing and drainlaying defined. —Drainlaying as. 
herein regulated, is hereby defined to include the connection, with the public 
district or private sewers, and such pipes as may be laid beneath the sur- 
face, and more than five feet outside of the foundation walls of the 
building drained, if such building contains plumbing; or which may be 
intended solely to drain the foundations, cellars and roof water of build- 
ings which do not contain plumbing. Plumbing is hereby defined to in- 
include the pipes, fixtures and all appurtenances thereto, which are used to 
conduct water to and distribute it in or about any premises or building for 
any use whatever; and all pipes and appurtenances used or to be used for 
conveying liquid water within and to a distance of five feet outside of the 
foundation walls of any building and all pipes and appurtenances used to 
ventilate the drains, fixtures and traps in any building; also all pipes and 
connections through which gases, vapors or wastes of any kind may be 
discharged into drains or sewers. (M. C., sec. 1700.) 


See. 1800. Right of entry.—The supervisor of plumbing, or his 
duly authorized agents, shall have the right to enter upon any premises: 
containing plumbing or drains, at all reasonable hours, to ascertain 
whether the provisions of this chapter have been or are being complied 
with. (M.C., sec. 1701.) 


See. 1801. Penalty.—Any person who shall violate any of the pro- 
visions of this chapter shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall pay a fine of not less than ten nor more than one 
hundred dollars for each offense. (M. C., sec. 1702.) 


CHAP. 22a.] PUBLIC BATHS AND PLAY-GROUNDS. 931 


CHAPTER 22a. 


PUBLIC BATHS AND PLAY-GROUNDS.* 


Sec. 1802. Sites for public bath houses.—The board of public 
improvements is hereby authorized and directed to construct two or more 
free public bath houses on sites selected by said board of public improve- 
ments. (Ord. 21391, sec. 1, amending ord. 20820.) 


See note to chapter heading in note at foot of this page. 


Sec. 1803. Publie bath commission—authority—appoint- 
ment of members—term—no compensation.—The management, 
direction and care of all free public baths constructed and equipped by the 
City of St. Louis under the term of this chapter, shall be vested in a com- 
mission of five members who have been more than three years residents of 
the City of St. Louis, to be known as “The Public Baths Commission,” to 
be appointed by the mayor to serve without compensation. The commission 
for the first year shall be appointed within thirty days after the approval 
of this ordinance and of the first commission appointed by the mayor, two 
members shall be appointed to serve until December thirty-first, nineteen 
hundred four, two until December thirty-first, nineteen hundred five, and 
one to serve until December thirty-first, nineteen hundred six, and on or be- 
fore December thirty-first of the year nineteen hundred five, and of each 
year thereafter the mayor shall make appointment to fill vacancies as they 
occur, and commissioners so appointed shall serve for terms of three years 
each respectively. (Jb., sec. 2.) 


Sec. 1804. Control and employment of attendants—pow- 
ers of commission—regulations.—The number of attendants, the con- 
ditions of their employment and the wages to be paid them, shall be deter- 


*Ord. 21074 provides for one of the authorized free public bath houses, to be 
the South Market Free Public Bath, at the South Market; ord. 22378 provides for 
another on east side of Tenth street near and north of Carr street; ord. 22380 
authorizes the construction by the B. P. I. of a free public swimming pool (on 
the property leased in ord. 21541, below referred to as the Mullanphy Play- 
Grounds), under the management of the Public Baths Commission; ord. 22924 
directs the construction of an outdoor swimming pool at Hleventh and Mullanphy 
streets; ord. 21827 authorizes the Mayor and Comptroller to buy two lots for 
free public baths, one of which to be north of Franklin avenue and east of Jef- 
ferson avenue, the other south of Chouteau and east of Jefferson; ord. 21170 
provides that the city furnish free water to the Civic Improvement League for’ 
free shower baths for the children upon its open-air public play-grounds; ord. 
21541 authorizes the Mayor and Comptroller to lease the Mullanphy play-grounds 
at Tenth and Mullanphy streets and adjoining grounds, as free play-grounds, 
with baths, under the direction of the Public Baths Commission, etc., and to 
buy the equipment on said grounds; ord 21108 authorizes lease of a certain lot 
to Civic Improvement League as an open-air play-ground for children in vicinity 
of lot; ord. 22379 provides for the purchase of the property used as the open-air 
play-ground. The Free Baths Commission and its powers were first created by 
ord. 20820, but this was amended by ordinance 31391 as herein set forth. Ord. 
21103, providing for location of one of the baths, was repealed by ord. 21193. 
Ord. 21796 relates to the World’s Fair Model Play Ground and Nursery, but the 
conditions were not performed. Ord. 22541 authorizes the Public Baths Commis- 
sion, in conjunction with the Park Commissioner, to recommend sites for small 

4 parks, in pursuance of ord. 22366 (bond ordinances); ord. 22869, approved March 
11, 1907 (too late for this Code), provides for the management, direction and care 
of all public playgrounds, public baths, and public recreation buildings, and pro- 
vides for a commission for that purpose, to be known as the Public Recreation 
Commission. (See Appendix for this ordinance.) Ord. 23171, approved Aug. 19, 
1907, after this Code, authorizes the Public Rec. Com. to furnish towels and soap 
for use at public bathhouses, fixing a fee therefor, designating the fund out of 
which the cost shall be paid, and makes it a misdemeanor for failure to return 
rented towels. 


932 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


mined by the public baths commission, subject to the approval of the mayor. 
Said commission shall also determine and provide the equipment of the 
public baths, and the board of public improvements shall provide for the 
letting of all public work upon said public baths as provided under the 
Charter of the City of St. Louis. The public baths commission is hereby 
empowered to prescribe such rules and regulations as in its judgment are 
necessary for the successful operation of said public baths. (Jb., sec. 3.) 


See note to chapter heading, preceding page. 


CHAPTER 23. 
OF PUBLIC CARRIERS; AND THE LICENSING OF VEHICLES.* 


ART. 1. Of public porters. 
Il. Of rates of license and regulations for vehicles. 
Ill. Of regulations and penalties. 
IV. Of stands for vehicles. 
V. Of steam cars and steam railroads. 
VI. Of street cars and street railways. 


ARTICLE I. 


OF PUBLIC PORTERS. 


Sec.-1805. Public porters to procure license.—Any person de- 
Signing to exercise the business of a public porter shall make proof to the 
mayor that he is a man of good moral character and sober habits, and, upon 
obtaining the certificate of the mayor that such proof has been made to him, 
shall pay to the license collector the sum of two dollars, and execute to the 
city a bond, with sufficient security, to be approved by the license collector, 
in the sum of two hundred dollars, conditioned for the faithful perform- 
ance of his duties, and the delivery of all property and things intrusted to 
him to be transported, and the payment of all damages which may accrue 
to any person by his negligence in the discharge of his duties or his fail- 
ure or refusal to perform them; and the license collector shall deliver to 
him a license to act as a public porter for one year, and designate the num- 
ber which he shall use in his said business. (M. C., sec. 1703.) 


Sec. 1806. Badge, to be. worn. —Every licensed public porter shall 
wear a badge, in a conspicuous place about his person, on which shall be 
printed his name and number. (M. C., sec. 1704) 


See. 1807. Rates of fare.—tTEvery licensed public porter shall be 
entitled to receive for conveying a load on a wheelbarrow, handbarrow or 
hand cart, any distance not exceeding six blocks, twenty cents; any distance 
more than six blocks at the rate of twenty cents for six blocks. (M. C., 
sec. 1705.) 


*For the general subject of licensing various occupations, and the subjects 
and objects of license and license taxes, see Chap. 31 of this Code, Article 1 to 20. 


Arta. LI.) OF VEHICLE LICENSE AND REGULATIONS. 933 


See. 1808. Penalty for violation of duty.—Any public porter 
who shall neglect or refuse, when required, to transport any article, unless 
such porter shall be at the time actually otherwise employed, or who shall 
fail to wear the badge provided for in this article shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, be fined not less than one 
nor more than twenty dollars. (M.C., sec. 1706.) 


See. 1809. Barrow, cart, or badge—not to be used by 
others.—Any public porter who shall suffer or permit any other person 
than himself to carry any article in his wheel or handbarrow or handcart, 
or to wear his badge, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than one nor more than twenty dollars. 
PMy C., sec. 1707.) 


ARTICLE II. 
FOR RATES OF LICENSE AND REGULATION FOR VEHICLES.* 


See. 1810. License taxes on public and private vehicles—regu- 
lations—tires.—There shall be annually levied and collected a license 
tax upon all kinds of vehicles, including bicycles, tricycles and velocipedes, 
used in the streets or public ways of the city for trade, traffic, pleasure or 
any other purpose, public or private, except vehicles for pleasure, owned and 
used by non-residents of the city, and bicycles, tricycles and velocipedes 
owned and used solely by children under twelve years of age, the following 
sums, to-wit: On each wagon or truck used for hauling boilers, engines, 
cable ropes, safes or stone, and drawn by eight or more horses, thirty dol- 
lars; on each wagon drawn by six horses, twenty dollars; on each wagon 
drawn by four horses, fifteen dollars; on each omnibus drawn by four 
horses, ten dollars; on each drag, tally-ho coach or lighted vehicle drawn by 
four horses, ten dollars; on each stage coach drawn by four horses, ten dol- 
lars; on each wagon drawn by three horses, seven dollars; on each omnibus 
drawn by two horses, five dollars; on each wagon drawn by two horses, five 
dollars; on each wagon or cart drawn by one horse, two dollars; on each 
hack or hackney carriage drawn by two horses, five dollars; on each ba- 
rouche, drag, coach, coupe, rockaway, surrey, wagon, landau, or other like 
vehicle drawn by two horses, three dollars; on each cab drawn by one horse, 
two dollars and fifty cents; on each barouche drawn by one horse, two dol- 
lars and fifty cents; on each four-passenger surrey drawn by one horse, two 
dollars; on each four-passenger park wagon drawn by one horse, two dol- 
lars; on each buggy, one dollar and fifty cents; on each driving cart or sulky, 
one dollar and fifty cents; on each bicycle, tricycle or velocipede, one dollar; 
on each vehicle not specifically mentioned, one dollar and fifty cents. 


*For right to impose vehicle tax and regulate width of tires, etc., regulate 
fares for carriage, etc., see Charter, Art. III, sec. 26, clause 5, and notes thereto. 
The validity of license taxes under the Charter on vehicles, public and private, 
for using the streets, was upheld in (amongst other cases) St. Louis vs. Green, 
7 Mo. App. 468 (affirmed on this point in s. c. 70 Mo. 562), with a full discussion 
of the powers of the city under the charter. See also St. Louis vs. Weitzel, 130 
Mo. 600, holding likewise, the court saying, on p. 619: “Under its charter powers 
the city may levy these taxes: first, a tax on property. Second, a vehicle tax 
for use of the streets. TJZhird, a tax on the business,” all at the same time. But 
under charter authority to license, tax and regulate certain vehicles which are all 
of a class doing public business, ‘and other vehicles,’ will not authorize a license 
tax on private vehicles: St. Louis vs. Grone, 46 Mo. 574; Hannibal vs. Price, 29 
Mo. App. 280. 

But no license tax can be required of non-residents: St. Charles vs. Nolle, 51 
Mo. 122. (See sec. 1813 of Rev. Code.) 

A sprinkling cart is a ‘public vehicle’ when used to sprinkle the streets for 
pay, and subject to the tax: St. Louis vs. Woodruff, 71 Mo. 92. 


934 REVISED CODE OR GENERAL ORDINANCES, [CHAP. 23. 


Provided, that from and after the first day of January, eighteen hun- 
dred and ninety-nine, no vehicle of any kind or description shall be used on 
the streets of this city for any purpose whatever, unless all the wheels of 
such vehicles shall be constructed with a width of tire corresponding to the 
size of axle on the following scale, to wit: 


IRON OR STEEL AXLES. 


Vehicles having axles of iron or steel, the wheel shall have width of 
tires as follows, to wit: If the axle is of a width of thickness or diameter 
of one and one-fourth inches, the tires must be at least one and one-fourth 
inches wide; if the axle is of a width or thickness or diameter of one and 
three-eighths inches, the tire must be at least one and one-half inches wide; 
if the axle is of a width or thickness or diameter of one and one-half inches, 
the tire must be at least one and three-fourths inches wide; if the axle is of 
a width or thickness or diameter of one and five-eighths inches, the tire must 
be at least two inches wide; if the axle is of width or thickness or diameter 
of one and three-fourths inches, the tire must be at least two and one-fourth 
inches wide; if the axle is of a width or thickness or diameter of one and 
seven-eighths inches the tire must at least be two and one-half inches wide; 
if the axle is of a width or thickness or diameter of two inches, the tire 
must be at least two and three-fourths inches wide; if the axle is of a width 
or thickness or diameter of two and one-eighth inches, the tire must be at 
least three inches wide; if the axle is of a width of thickness or diameter 
of two and one-fourth inches, the tires must be at least three and one-half 
inches wide; if the axle is of a width or thickness or diameter of two and 
one-half inches, the tires must be at least four inches wide; if the axle is of 
a width or thickness or diameter of two and three-fourths inches, the tires 
must be at least four and one-half inches wide; if the axle is of a width or 
thickness or diameter of three inches, the tires must be at least five inches 
wide; if the axle is of a width or thickness or diameter of three and one- 
half inches, the tires must be at least five and one-half inches wide; if the 
axle is of a width or thickness or diameter of four inches, the tires must be 
at least six inches wide. 

WOODEN AXLES. 


Vehicles having axles of wood shall have widths of tires as follows, to 
wit: If the axle is of a width or thickness of three and one-half inches, 
the tires must be at least two and one-half inches wide; if the axle is of a 
width or thickness of three and three-fourths inches, the tire must be at 
least two and three-fourths inches wide; if the axle is of a width or thick- 
ness of four and one-quarter inches, the tires must be at least three and 
one-half inches wide; if the axle is of a width or thickness of four and one- 
half inches, the tires must be at least four and one-half inches wide; if the 
axle is of a width or thickness of five inches, the tire must be at least five 
inches wide; if the axle is of a width or thickness of five and one-half inches, 
the tires must be at least five and one-half inches wide; if the axle is of a 
width or thickness of six inches, the tires must be at least six inches wide. 


MISCELLANEOUS. 


Trucks used for hauling boilers or engines, safes or dimension stones, 
shall have tires at least six inches wide, and those used for hauling cable 
rope shall have tires at least eight inches wide, and such trucks shall be 
constructed with axles of such lengths that the hind wheels shall be placed 
at least eight inches further apart than the front wheels thereof. Drays 
shall have tires at least four inches wide. All carts used for sprinkling, of 
the streets, public ways or park ways, shall have tires at least six inches 
wide. If any axle, iron, steel or wooden, is of a width or thickness or di- 


ART, ITs) OF VEHICLE LICENSE AND REGULATIONS. 935 


ameter exceeding one and one-fourth inches and shall be of a different 
thickness, width or diameter than those described in this ordinance (arti- 
cle), then the tires of such vehicles using such axle shall be in conformity 
with the next larger axle in diameter. 


EXCEPTIONS. 


Provided, further, however, that any vehicle having rubber tires on all 
its wheels shall not be required to conform to the above rule as to width of 
tires. 

EXEMPTIONS. 


Any vehicle which shall, prior to the first day of January, eighteen 
hundred and ninety-nine, be made to conform in respect to its tires to the 
requirements and provisions hereof, shall from the date when the use of 
such tires begin, and so long as such use continues until said first day of 
January, eighteen hundred and ninety-nine, be exempt from payment of 
the license tax prescribed by this section, but from and after said date all 
vehicles shall be subject to the provisions of this section, and it shall be 
unlawful to use on the streets or public ways of the city after said first 
day of January, eighteen hundred and ninety-nine, any vehicle unless the 
tires of such vehicle conform to the requirements hereof. 


SWORN STATEMENT REQUIRED. 


From and after the taking effect hereof, no license shall be issued for 
any vehicle except on the sworn statement of the applicant showing the 
width or thickness or diameter of the axle and the width of the tires of the 
vehicle for which such license is to be used, and after said first day of Jan- 
uary, eighteen hundred and ninety-nine, such sworn statement shall show 
a compliance with the provisions of this section. 


DOUBLE TAX—PENALTY. 


The annual license tax herein provided shall be doubled on the first 
day of April of each year for every license not issued and paid for before 
said day, and any person or persons, partnership or corporation, who shall 
after the first day of June of each year, drive or use, or permit or cause to 
be driven or used, on any of the streets or public places of the City of St. 
Louis, any unlicensed vehicle, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall in addition to all other penalties and re- 
quirements, be fined as in this section hereinafter provided for the violation 
hereof. 

PENALTY. 


Any person violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined 
not less than ten dollars nor more than two hundred dollars, and each day’s 
violation hereof shall be and constitute a separate offense. 


VEHICLE INSPECTORS—SALARIES—DUTY. 


Immediately after the passage of this ordinance there shall be ap- 
pointed by the license commissioner [now license collector] four deputies, 
to be known as inspectors of vehicles who shall each be paid a salary of nine 
hundred dollars a year. It shall be the duty of said inspectors to ascertain 
whether the ordinances of the city relating to vehicles and to license taxes 
on vehicles are observed, and to report any violation of the same, and gen- 
erally to aid the license commissioner [now license collector] in the collec- 


936 REVISED CODE OR GENERAL ORDINANCES. | [CHAP. 23. 


tion of the vehicle license and in the enforcement of the ordinances relating 
to vehicles, and under the direction of the license commissioner [now license 
collector] to report to the city attorney all cases of violation of said ordi- 
nances, and to aid him in the prosecution of the violation of said ordinances, 
and perform such other duties as the license commissioner [now license col- 
lector] may direct. 


LICENSE PLATE. 


The license plate for bicycles, tricycles and velocipedes shall be of the 
size and form prescribed by the register, and shall be attached to the front - 
part of the steering head at a point above the front fork. (M. C., sec. 1708.) 


See note to heading of this article, supra. The city may require a license 
plate to be attached to a vehicle for use in a particular occupation, notwith- 
standing such vehicle already has a license plate for street use attached, and 
the reasonable expense may be charged: St. Louis vs. Weitzel, 130 Mo. 600. 


Sec. 1811. License tax on automobiles and other horseless ve- 
hicles.—There shall be annually levied and collected on all kinds of auto- 
mobiles and locomobiles and on all horseless vehicles propelled or moved by 
the use of electricity, gasoline, steam or other artificial power, by whatever 
name said vehicles may be known, and whether used for purposes of busi- 
ness or pleasure, a license tax of ten dollars on each such vehicle. (Ord. 
20580. ) 


But see next section. Under the state law of 1903 (Acts 1903, p. 162), the 
owner of an automobile was required to take out a license in each county over 
whose roads he runs the same: State vs. Cobb, 113 Mo. App. 156. But under 
the new act of 1907, the city is authorized to require a license of such owners 
of automobiles as reside therein, and (on complying with the state law) no other 
licenses can be required anywhere in the state: Acts 1907, p. 78, sec. 19. 


Sec. 1812. License tax on motor cycles, bicycles, etce.—There 
shall be annually levied and collected on all kinds:of motor cycles, motor- 
bicycles, by whatever name said vehicles may be known, and whether used 
for purposes of business or pleasure, a license tax of two dollars on each 
such motor cycle. (Ord. 22161.) 


Sec. 1813. Vehicles exempt. —The provisions of the foregoing sec- 
tions of this article shall not be so construed as to embrace private buggies, 
barouches and carriages belonging to persons living outside the city and 
used for private purposes only. (M. C., sec. 1709.) 


Sec. 1810, supva, was the section immediately preceding this one in the Mun. 
Code, there numbered sec. 1708. And section [R. C. 1813] was section 1709 in 
the Mun. Code’‘immediately following, and read so as to exempt only “the fore- 
going section” so as to strictly refer only to what is now 1810. But the Mu- 
nicipal Assembly passed ordinances 20530 and 22161 after the Mun. Code and 
carefully enacted that the same should be inserted in the Mun. Code between 
1708 and 1709, and should be known, respectively, as 1708a [now 1811] and 1708b. 
Hence present section 1813 is placed after the former two and the wording 
changed slightly, so as not to render it meaningless because of the insertion of 
two new sections. 


Vehicles of non-residents cannot be taxed: See St. Charles vs. Nolle, 51 Mo. 
122. 


Sec. 1814. Registered number, how kept—penalties.—There 
shall be placed and kept conspicuously to view on every vehicle mentioned 
in this article, the registered number of such vehicle, so that the same can 
easily be read from the sidewalk. Such numbers shall be in plain, distinct 
and legible figures, each plate to be not less than one, two or three inches 


7. 504 We © OF VEHICLE LICENSE AND REGULATIONS. 937 


in width, and placed on each vehicle in the following manner: On drays 
and carts, the number shall be cast on metallic, plates and placed on the 
outer side of the right shaft three inches in front of the body or bed of the 
cart or the dray; on wagons, the numbers shall be cast on metallic plates, 
and placed on the hind axle, or where a body is used on such wagons, said 
numbers shall be placed on the right outer side thereof; on baggage wagons 
and furniture cars, the - number shall be cast or painted on metallic plates, 
and placed on the right outer side of the body; on hackney carriages and 
cabs that occupy stands, the number shall be painted on the outer glass of 
the lamps in red color not less than two inches in length; and on omnibuses, 
the number shall be placed on some conspicuous place on the right outer 
side of the body thereof, so that it can be easily read from the sidewalk ; 
and on private carriages, barouches and buggies, the numbers shall be cast 
or painted on neat metallic plates, and placed upon said vehicles upon the 
spring bar [or foot board*] or rear end of said vehicles, or owners of 
vehicles so desiring it may place the number plate on the outer side of the 
trace of the off horse, not more than ten inches from the collar of the horse, 
the same to be kept conspicuously in view. Painting or covering over the 
plates, or placing the plate upon any other vehicle than the one for which 
the same was issued, except as hereinafter provided, will be deemed a misde- 
meanor, and upon conviction, the owner of the vehicle shall be fined as pro- 
vided in section eighteen hundred and thirty-one. A copy of this section shal] 
be furnished by the license commissioner [license collector] to each and 
every person taking out a license under the provisions of this article; pro- 
vided, any person or persons who shall be the owner or owners of more than 
one vehicle belonging to either class aforesaid, and who shall use but one of 
said vehicles at any one time upon the streets of the city, and who shall have 
complied with the provisions of this article, and in accordance therewith 
paid his license under said classification, shall be permitted to place the 
number of said license upon the harness of the horse or horses intended to 
be used in connection with said vehicle and a registered number of a higher 
grade may be issued on or for a vehicle taxed for a less amount by the same 
person; and provided further, [that all vehicles kept at hotels for the use 
of hotel patrons shall be exempt from the provisions of this section; and* | 
that all vehicles belonging to the City of St. Louis, or claimed as exempt 
from license by reason of being in the service of the city, shall have the word 
“city” painted on both sides of the outside of the bed or body of said vehicle. 
(M. C., sec. 1710.) 


*Those parts of above section 1814 as are enclosed in brackets were not en- 
acted with the Revised Code, but are amendments to the old section, enacted in 
ordinance 22899, approved March 13, 1907, after the revision ordinance had been 
introduced and while it was pending, and hence was not included therein. 


Sec. 1815. Plates with numbers—by whom furnished—how 
furnished. —The register shall furnish the metallic plates to the license 
[collector], who shall issue them without charge to the applicant for license, 
on such vehicles as are required to have the number on metallic plates, and 
the figures shall be case upon plates and raised so as to be easily distin- 
guished. The metallic plates shall be punched or perforated in such a man- 
ner that they may be fastened with wood screws on the vehicle or with 
leather straps to the trace of the harness.’ (M. C., sec. 1711.) 


Penalty for using stolen, counterfeit or unauthorized license plate, see R. C., 
1618. 


Sec. 1816. License collector—duty of.—It shall be the duty of the 
license commissioner [now license collector] when the annual tax of any 


938 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


vehicle mentioned in this article has been paid, to register the same, and 
give the party applying for the license the number to be put thereon. (M. 
C., sec. 1712.) ; 


Sec. 1817. Bond to be given—conditions.—[The party applying 
for a license for a public vehicle shall, before the same shall be issued, enter 
into a bond with the city, with sufficient security, to be approved by the 
license [collector], in a sum not‘less than three hundred dollars, conditioned 
for the safe delivery of all property delivered to him, or his servant or agent, 
to be conveyed, and for the payment of all damages which may accrue to 
any person by his negligence or that of his servants, agents or employes, in 
and about the use and management of the vehicle licensed, and the said 
bond may be sued upon in the name of the city by any person injured by a 
breach of the conditions thereof.] (M. C., sec. 1713.) 


These provisions in sec. 1817-1820, relating to bonds, were of doubtful validity, 
and they are all repealed by ordinance No. 22595, approved Oct. 15, 1906, too late 
to be omitted from this revision ordinance, which was submitted to the Assembly 
prior thereto. 


Sec. 1818. Additional bond required.— [Whenever applica- 
tion is made to the license collector by the owner of any baggage wagon or 
hackney carriage [or other vehicle,| for a license, and bond shall have been 
given by such person as provided in the preceding section, the license col- 
lector shall, before issuing the license to such person, certify to one of the 
police justices the name of the person applying for the license, the kind of 
vehicle, and the number thereon, and such person shall enter into additional 
bond, with good and sufficient security, to be approved by the police justice, 
in a sum not less than one hundred dollars, conditioned, that he will strictly 
observe and abide by all requirements, provisions and penalties of this ar- 
ticle; and the police justice, after approval thereof, shall transmit said bond 
to the license collector, who shall file the same in his office, whereupon the 
license collector may issue the license to such person.] (M. C., sec. 1714.) 

Repealed. See preceding note. But apparently in ignorance of the repeal, 
and not noticing the same, an amendment was sought to be made by ordinance 


22899, approved March 13, 1907, by adding the words, “or other vehicle,” above 
indicated in brackets. Ord. 22899 is therefore, it seems, of no validity. 


See. 1819. Form of bond.—[Such bond may be in the following 
form: Know all men by these presents, that we, .... as principal, and 

. as security, acknowledge ourselves indebted to the City of St. Louis, 
in the sum of .... dollars, to be levied of our goods and chattels and tene- 
ments, and for the payment of which, well and truly to be made, we bind 
ourselves, our heirs, executors and administrators, firmly by these presents. 
The condition of the above obligation is such, that whereas the above 
bounden .... has this day applied to the license collector to be numbered 
as the .... thereof. Now, if the said .... shall strictly observe and abide 
by the requirements, provisions and penalties of the ordinance under which 
he is to be licensed as the .... of said vehicle, then this obligation is to be 
null and void; otherwise to remain in full force and effect in law. In testi- 
mony whereof, we have hereunto set our hands and seals, this..... day of 

/ A.D. nineteen hundred .... ....: , police justice.] (M. C., sec. 1715.) 


Repealed: See note to sec. 1817. 
Sec. 1820. [Bond—when may be declared forfeited—pen- 


alties. —Any person, the owner or driver of any public vehicle, as provided 
herein, who shall be convicted of violation of any of the provisions of this 


ART. II.] OF VEHICLE LICENSE AND REGULATIONS. 939 


article, shall suffer the fines and penalties as set forth and provided, therein, 
and the police justice may, in addition, declare his bond forfeited, give 
judgment'for the full amount of bond, against the principal and his security, 
and issue execution thereon. The police justice shall direct the execution to 
the marshal, commanding him forthwith to levy the same of the goods and 
chattels of the defendant, and his security, within the City of St. Louis, 
and expose the same for sale, agreeably to law. And the marshal shall make 
return of the execution to the police justice, with his return thereon in- 
dorsed, how he executed the same, within thirty days from its date; and in 
all cases where the police justice has declared any bond forfeited, and given 
judgment thereon, as herein provided, he shall have final jurisdiction, and 
all these cases shall be tried and disposed of in a summary manner, without 
delay, and upon the first appearance of parties in court.| (M. C., sec. 1716.) 


Repealed: See note to sec. 1817. 


Sec. 1821. Vehicles subject to license—returns to be made 
—penalty—exceptions.—Every keeper, owner, proprietor or agent of 
any livery or boarding stable, and the owner or owners of all vehicles, shall 
in January of each year state under oath to the license collector how many 
vehicles of every description are owned, used or kept by him or them, and the 
license collector may examine every such person on oath touching the num- 
ber of such vehicle owned, used or kept by him during the year next pre- 
ceding the date of making such statement, and also the number owned, used 
or kept by him or them, at the time of making such statement; and if it 
shall appear to the license collector that any person has, at any time during 
said year, owned, used or kept a greater number of such vehicles than the 
number upon which he shall have paid the license required by ordinance, 
the license collector shall forthwith institute proceedings to recover from 
such person or persons the amount of such license, together with all the 
penalties and costs prescribed by this article; provided, that a person who 
purchases a vehicle subsequent to the first day of April shall not be subject 
to any penalties in regard to such vehicles if he takes out a license thereon 
before using such vehicle on the streets. And should the license collector at 
any time find that any party has made any false statements under oath as 
to matters embraced within the provisions of this article, it shall be the duty 
of the license collector to forthwith report the same to the circuit attorney 
for his action thereon. (M. C., sec. 1717.) 


Sec. 1822. Vehicles—lights at night—penalty for violation. 
—On every hackney carriage, cab or cabriolet, when driven in the night, 
shall have [be] fixed on some conspicuous part of the outer side thereof, two 
lighted lamps, with plain glass front and sides, on which shall be painted 
in red and legible figures, at least one inch long, the registry number thereof. 
All omnibuses, when driven in the night, shall have lighted lamps or can- 
dles inside thereof, with number of said omnibus in front of said lamp or 
light. All wagons, trucks, automobiles, bicycles and all other wheeled ve- 
hicles [except as below specified], while in use on the streets at night, shall 
display one or more lights or lanterns. [AI] trucks, wagons or other ve- 
hicles intended for heavy hauling, and whose ordinary use is during the 
daylight hours, shall while in use on the streets at night, display one or 
more lights between the hours of eight p. m. and five a. m.| A fine of not 
less than five nor more than twenty-five dollars shall be assessed for a vio- 
lation of any of the provisions of this section. (Ord. 21471 and 22899, 
amending M. C., sec. 1718.) 


Amended by ord. 22673, approved Nov. 15, 1906, and No. 22899, approved March 
13, 1907, too late to appear in the Reyised Code. See Appendix. The amended 
portions are indicated by being inclosed in brackets to sec. 1822 above. 


As to lights on automobiles, see also sec. 1556. 


940 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


Sec. 1823. Rates of fare allowed—for hackney carriage. 
—For the use of any hackney carriage licensed as aforesaid the owner shall 
be entitled to charge, demand and receive the following compensation, and 
no more: For conveying one or more passengers a distance of not exceeding 
one mile, one dollar, and every additional mile fifty cents; all public hackney 
carriages shall be entitled to charge and collect one dollar and fifty cents 
for the first hour, and one dollar for each additional hour. (M. C., sec. 
L192) 


For Charter authority to fix rates, see Charter, Art. III, sec. 26, clause 5. 


Sec. 1824. Same—for cab or one-horse vehicle.—For use of 
any cab or cabriolet or one-horse vehicle licensed as aforesaid the owner shall 
be entitled to charge, demand and receive the following compensation, and 
no more: For one mile or less, for each passenger, twenty-five cents; for 
each additional mile, for one or two passengers, twenty-five cents; for an 
additional one-half mile after the first mile, fifteen cents for one or two 
passengers; for the first stop of five minutes no charge shall be made; for 
any subsequent stop ten cents shall be charged for each ten minutes or 
part thereof; for any package too large to carry inside, ten cents; for one 
or two persons within the limits of three miles from the court-house, seventy- 
five cents per hour; for each quarter of an hour additional or fraction 
thereof, twenty cents; for one or two persons outside of said three-mile 
limit, one dollar per hour; for each quarter of an hour additional or frac- 
tion thereof, twenty-five cents; for a continuous stop of one-half hour or 
more when carrying any person at the last named rate, seventy-five cents 
per hour may be charged while waiting. (M. C., sec. 1720.) 


Sec. 1825. Rates by hour for cabs, ete.—In all engagements 
made by the hour of said cabs, cabriolet or one-horse vehicles, when dis- 
charged more than a half mile from the stand from which they start, the 
time necessary to return thereto shall be charged for at the rate of seventy- 
five cents or one dollar per hour, as the case may be. (M. C., sec. 1721.) 


Sec. 1826. When rates may be doubled.—The above rates for 
all services between twelve o’clock midnight and six o’clock a. m. may be 
doubled. (M. C., sec. 1722.) 


Sec. 1827. Posting of rates required in cabs, ete.—The 
above rates and conditions must be posted in plain, legible type, in a con- 
Spicuous place in every cab, cabriolet or one-horse vehicle aforesaid, and the 
driver thereof shall be provided with printed slips bearing the name of the 
owner of the vehicle, the number of it and the rates of fare, and shall deliver 
one to each passenger on his first entry into the vehicle. (M. C., sec. 1723.) 


See. 1828. Omnibus rates to stations.—The owner or driver of 
any omnibus licensed to run to the several railroad depots, hauling passen- 
gers to and from such railroad depots within the city limits, shall be en- 
titled to demand and receive no more than fifty cents for each passenger and 
ordinary baggage, and shall convey such passengers to any part of the city, 
within the limits defined as follows: Hebert street on the north, Arsenal 
street on the south, Grand avenue on the west and the river on the east, 
in any direction from said railroad depot he or they may require. The owner 
or driver of any baggage wagon shall be entitled to demand and receive for 
ten blocks, fifty cents; for any distance over ten blocks shall be according to 
agreement, if there is no agreement, the charge shall be at the rate of fifty 
cents for every ten blocks. (M. C., sec. 1724.) 


ART. II.] OF VEHICLE LICENSE AND REGULATIONS. 941 


Sec. 1829. Furniture car rates.—The owner or driver of any li- 
censed furniture car or wagon shall be entitled to charge, demand and re- 
ceive for putting a load upon his car or wagon, transporting the same and 
putting the same off, one dollar and twenty-five cents for the whole. (M. C., 
sec. 1725.) 


See. 1830. Posting of rates in carriages, regulations, 
ete. —The owner or driver of any hackney carriage, or other vehicle used 
for the transportation of persons for hire, shall keep on the inside of each 
carriage or vehicle, hung up in a conspicuous and prominent manner so as 
to be easily seen and read, a printed copy of the rates of established fare by 
this article. Said copy shall be printed in black ink, on thick white card 
paper, not less than ten inches square, and the type used for printing said 
rates shall be Roman type, not less in size than that known as double primer, 
and passengers or other persons employing such carriage or other vehicle 
shall have the right to examine such copy before paying their fares. Said 
cards to be furnished by the license collector [commissioner ; provided that 
the provisions of this section shall not apply to private carriages or to car- 
riages owned and used by livery stables.] (M. C., sec. 1726.) 


The proviso, indicated in brackets above, was not enacted with the Revised 
Code, but is an amendment added by ord. 22899, approved March 13, 1907, after the 
Revised Code was submitted to the Municipal Assembly and before its passage. 
hence too late to be included therein. 


Sec. 1831. Violations of article—penalties.—Any owner or 
driver of any vehicle mentioned in this article, who shall fail or refuse to 
place and keep the number of such vehicle in a prominent place thereon, 
as herein required, or shall fail to pay the license specified in section 1810, 
or shall in any other respect violate or fail to comply with any of the pro- 
visions of this article shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than ten nor more than two hundred 
dollars. (M. C., sec. 1727.) 


Sec. 1832. Penalties—refusal to carry passengers, or pay 
fare, etc., frauds on owners of vehicles. —Any owner or driver of 
a cab, hackney carriage or omnibus, who, when required, shall fail, neglect 
or refuse to carry any passenger or his baggage, and any such person who 
shall ask, demand, or receive for conveying persons or property more than 
the sum allowed by this article, or shall in any other manner violate or fail 
to comply with any of the provisions of this article, a penalty for which is 
not herein expressly fixed; also any person who shall hire any licensed cab, 
hackney carriage or omnibus by the hour or by the mile or for any other 
special services and who shall refuse or evade or attempt to evade a pay- 
ment to the driver or owner thereof the charges authorized by this article 
for such services, or any such person who, by use and by means of any trick, 
deception or device, commonly called the ‘‘confidence game,” or by means of 
any fraud, false statement or pretense, shall defraud or attempt to defraud 
the driver or owner of any of the aforesaid vehicles out of the authorized 
charges for the services thereof, shall be deemed guilty of a misdemeanor, 
and on conviction thereof, shall be fined not less than five nor more than 
one hundred dollars. (M. C., sec. 1728.) 


For overcharging, see infra, secs. 1839 ef seg. 


Sec. 1833. What vehicles deemed to be hired out.—All 
vehicles used for the transportation of property, which property does not 
belong to the owners of the vehicles so used shall be deemed to be hired out, 
and shall be subject to license accordingly, and the owners or possessors of 


942 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


the property may be examined under oath by the inspector touching the 
ownership of such property and vehicles, and they shall also appear before 
the license collector when cited by him, and he may examine them under 
oath touching the ownership of such property and vehicles. (M. C., sec. 
1729.) 


See. 1834. License collector to perform duties of vehicle 
inspectors. —It shall be the duty of the license collector and his deputies 
to perform all duties heretofore performed by the vehicle inspectors and 
their assistants, and to carry out all the provisions of ordinances pertaining 
to collection of the revenue from vehicles, except the receipt of the license 
fee. (M. C., sec. 1780.) 


Sec. 1835. License to drive public vehicle.—The license col- 
lector is hereby authorized and directed to. issue a license to any person of 
good moral character to drive any public vehicle without any charge, which 
said license shall authorize the person therein named to drive the vehicle or 
vehicles therein named and specified for the period of one year, but no such 
license shall be transferable, and no person other than the one so licensed 
shall be allowed to act under said license; provided, that but one person 
shall be allowed to drive or solicit business for any one wagon or vehicle, 
whether it be the proprietor or an employe, and the license collector shall 
issue but one driver’s license to each wagon or vehicle, whether it be issued 
to the proprietor or employe; provided, also, that the license collector 
shall immediately upon the passage of this article, recall and cancel all 
drivers’ licenses now in force, and issue new ones in lieu thereof, in con- 
formity with this article; provided that no vehicle license shall be issued 
for less than one year, except when necessary to make all vehicle licenses 
expire on the same day. And any person applying for a license after the 
date fixed for the expiration of such licenses, shall pay for the full year 
from said fixed date. Any person or persons, other than the one herein 
authorized, who shall drive or solicit business for any wagon or vehicle, 
shall be deemed guilty of a misdemeanor, and upon conviction, shall be 
fined not less than ten nor more than fifty dollars for each offense. (M. C., 
sec. 1731.) 


Sec. 1886. Badge and number to be worn.—tThe license is- 
sued, as provided in the foregoing section, shall correspond in number with 
the licensed vehicle, authorized thereby to be driven, and the person so 
licensed as driver shall procure a leather or metallic badge, upon which shall 
be painted or engraved, in conspicuous figures, the number of the vehicle 
such person is then engaged in driving, which badge shall be worn at all 
times when engaged in driving such vehicle, or when endeavoring to procure 
persons or property for transportation, in a conspicuous place upon the hat 
or cap, So as to be easily seen by all persons transacting business with him; 
and no person, not so licensed as such driver, shall wear such badge or num- 
ber. (M. C., sec. 1732.) 


See. 1837. Drivers—to what ordinance applicable—duty of 
owners of sprinkling carts.—The provisions of the next preceding sec- 
tion, except so much thereof as relates to the numbering of the license, shall 
apply only to the driver having charge of any hackney carriage, cab or 
cabriolet, occupying any stand upon the levee, or at any railroad station in 
the city, or that are used specially to convey passengers to and from said 
railroads or levee. It shall be the duty of the owner or owners of every cart 
or vehicle, used in sprinkling streets in the city, or in hauling water for 


ART. III.] OF REGULATIONS AND PENALTIES. 943 


other purposes, to cause the name or names of such owner or owners to be 
prominently placed on such cart or vehicle, in large, distinct letters, such 
as the assessor and collector of water rates shall direct. (M. C., sec. 1733.) 


Sec. 1838. Produce wagons exempt—license of manure carts. 
—AIl] vehicles used exclusively for bringing to market any produce or pro- 
visions of the owners’ own raising shall be exempt from the provisions of 
this article, and all vehicles used by agriculturists for the purpose of hauling 
manure shall pay a license of one dollar each per annum. (M. C., sec. 1734.) 


ARTICLE ITI. 


OF REGULATIONS AND PENALTIES.* 


See. 1839. Overcharge—penalty for.—Every owner, driver or 
other person having charge of any hackney carriage, cab, cabriolet, bag- 
gage wagon, or other vehicle, who shall extort, exact, charge, demand or re- 
ceive aS compensation any sum for the use or hire of any such vehicle, ex- 
ceeding the compensation allowed by ordinance, shall be deemed guilty of a 
misdemeanor, and on conviction thereof, be fined not less than twenty-five 
nor more than one hundred dollars, and in addition thereto the license of 
such vehicle, in whosoever name the same may have been granted, shall be 
declared forfeited to the use of the city. (M. C., sec. 1735.) 


See also R. C., sec. 1832. 


Sec. 1840. Overcharge—denial of license for five years. 
Any owner, driver, or other person convicted of a violation of section 1839, 
shall not be again entitled to obtain a new license for any vehicle mentioned 
in this chapter, of which he may be the owner or driver, or of which he may 
have control, for the term of five years from the date of such conviction. (M. 
C., sec. 1736.) 


See. 1841. Overcharge—reports of convictions for—to whom 
made—examination before issuing license.—It shall be the 
duty of the clerks of the police courts upon any person being convicted of a 
violation of the provisions of this article to make a written return within 
two days thereafter to the license collector, giving the date and name of the 
person so convicted, also the number of the vehicle of which he may be the 
owner or driver, and thereupon it shall be the duty of the license collector 
to enter the same in a book to be by him kept for that purpose, which book 
shall be open at all times to public inspection, on application and upon any 
person or persons applying for a license for any hackney carriage, cab, cab- 
riolet, baggage wagon, or vehicle, it shall be the duty of the license collector 
before issuing a license to such person or persons, to examine such person 
or persons under oath; and if it be found, on such examination, that such 
person or persons were, at any time within five years before making such 
application convicted of violating any of the provisions of this chapter, the 
license collector shall refuse to issue a license to such person or persons. 
ee w., sec. 1737.) 


Sec. 1842. Officers—penalties against.—Any officer whose duty 
it shall be to enforce the provisions of this chapter, and who shall wilfully 
connive, refuse or fail to perform the same, shall be deemed guilty of a mis- 


*For penalty for using stolen, counterfeit or unauthorized license plate, see 
a C.. Sec. 1618. 


944 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


demeanor, and on conviction thereof, be fined not less than fifty nor more 
than one hundred dollars. (M. C., sec. 1788.) 


Sec. 1843. Drivers—duties of—penalty.—It shall be unlawful for 
the driver or other person having charge of any hackney coach, omnibus, 
carriage, coupe, cab, cabriolet or one-horse or other vehicle (licensed to 
carry passengers for hire in St. Louis), to be off or away from the same 
while it is passing along the streets and public places of the city; and it 
shall be unlawful for such driver or person aforesaid to stand, while wait- 
ing for employment at any other place than that assigned for his vehicle, 
or to snap or flourish his whip, or to be away from his vehicle, or to sit or 
stand about the doorsteps or platforms, or in front of any house, store or 
other building, to the annoyance of the occupants thereof, and for every vio- 
lation of this section he shall be fined not less than ten dollars for each of- 
fense. (M. C., sec. 1739.) 


[Sec. 1848a. Hackney carriage defined.*] 


*After submission of the Revised Code ordinance and just before its passage, 
hence too late for insertion therein, ordinance 22899, approved March 13, 1907, 
was enacted, which amongst other things enacted a new section, which if in time, 
would have been sec. 1848a of the Revised Code, hence attention is directed there- 
to in this note. Said enactment is as follows: 


“Section Two. Article Two of Chapter Twenty-three of the Municipal Code 
is hereby further amended by adding thereto a new section to be known as Sec- 
tion Seventeen Hundred and Thirty-nine A, as follows: Section Seventeen Hun- 
dred and Thirty-nine A. Wherever the term hackney carriage is used in the 
preceding sections it shall be understood to mean a carriage that stands on the 
public streets or at public hack stands, soliciting public patronage, and it shall 
not be understood to mean a carriage kept by a livery firm for private use or for 
private orders only. Approved March 18th, 1907.” 


ARTICLE IV. 
OF STANDS FOR VEHICLES. 


Sec. 1844. Stands for vehicles—police commissioners to 
select. —It shall be the duty of the police commissioners of the City of St. 
Louis to select and designate suitable and convenient places and parts of 
streets and avenues as stands for coal wagons, wood carts, furniture cars, 
hackney carriages, cabs, cabriolets and other vehicles, which usually occupy 
parts of the public streets and avenues by their owners, temporarily, for the 
purpose of making sales or seeking employment. (M. C., sec. 1740.) 


Sec. 1845. Stands, when and how designated.—tThe selection 
or designation of stands, required to be made in the preceding section, shall 
be made in writing on or before the first day of January in each year, and 
be submitted to the mayor for his approval; and if such selection and desig- 
nation shall be approved by the mayor, a copy thereof shall be filed in the 
office of the street commissioner, and any changes that the police commis- 
Sioners may find it necessary to make in their respective districts, with a 
view to public convenience, shall in like manner be submitted to the mayor, 
and if approved the copy shall be filed in the office of the street commis- 
sioner. (M. C., sec. 1741.) 


Sec. 1846. Stands—duty of police commissioners.—lIt shall be 
the duty of the police commissioners to publish twice each year, by at least 
fifty hand-bills, posted in conspicuous and most public places throughout 


ART. IV.] OF STANDS FOR VEHICLES. 945 


the city, a list or brief description of the streets, parts of streets or places 
selected and designated as stands for the purposes specified in the preceding 
sections of this article. (M. C., sec. 1742.) 


Sec. 1847. Stands excluded from certain streets.—No stand 
for any coal wagon, cart or other vehicle used for the carrying of coal, or 
for any wood cart, shall be selected on any street, lane or avenue of this 
city east of Sixth street, and between Franklin avenue and Elm street; nor 
on any street east of Broadway, and between Cherry street and Biddle 
street; nor on Broadway between Franklin avenue and Biddle street; nor 
on any street, lane or avenue east of Fourth street between Elm street and 
Plum street; nor shall any stand be selected for furniture cars, hackney 
carriages, cabs or cabriolets, on any street, lane or avenue east of Fourth 
street between E]m street and Franklin avenue. (M. C., sec. 1748.) 


Sec. 1848. Stands—as designated, to be occupied.—lIt shall 
be the duty of all owners, drivers or other persons in charge of any wood 
cart or coal wagon, or other vehicle used for the conveyance of coal, or 
offering the same for sale in the city to occupy with their wagons, carts or 
vehicles the stand or stands which shall be selected and designated by the 
police commissioners in pursuance of this article; and such coal wagons, 
carts or other vehicles shall not be allowed to stand, nor shall coal be offered 
for sale or sold from any wagon, cart or other vehicle, in any street, lane or 
avenue, except such as shall be designated as aforesaid; nor shall any 
furniture car, hackney carriage, cab or cabriolet occupy any part of any 
street, lane or avenue as stands, except the places selected and designated 
for that purpose, and every owner of any such wagon, cart or vehicle, or 
his agent, driver or person in his employ, or the owner, agent, driver or 
person in charge of any furniture car, hackney carriage, cab or cabriolet, 
within the purview hereof, who shall violate any of the provisions of this 
article, or any of the rules and regulations made in pursuance thereof, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof be fined 
not less than five nor more than fifteen dollars for each and every offense; 
provided, that nothing in this article shall be so construed as to prevent the 
selling of any coal while at the weigh scales, or while passing to and from 
any of the stands which may be selected in pursuance hereof. (M. C., sec. 
1744.) 


See. 1849. Stands for coal, wood and long feed, where 
located.—So much of Broadway as lies between the north side of Bates 
street and the south side of Howard street is hereby set apart and estab- 
lished as a stand for vehicles used in carrying wood or coal, or long feed for 
horses and cattle, to wit: Hay, straw, fodder and similar articles; that 
part of Twelfth street lying between Olive street and St. Charles street is 
hereby set apart and established as a stand for said vehicles; and that part 
of the Soulard market place between Fulton and Decatur streets is hereby 
set apart and established as a stand for said vehicles. All persons bringing 
such long feed in vehicles to this city for sale are required to occupy one of 
Said stands. (M. C., sec. 1745.) 


See. 1850. Stands—around court house’ established— 
regulations.—The streets bounding the court house and in front thereof, 
to wit: On Fourth, Fifth, Chestnut and Market streets, are hereby estab- 
lished as hack stands in the City of St. Louis. An open space of not less 
than fifty feet shall be left free and clear on Fourth and Fifth street wings, 
opposite the entrance thereof, and an open space of not less than fifty feet 


946 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


shall be left free and clear on the Chestnut and Market street wings, oppo- 
site the entrance thereof. The horses and hacks on the north line of the 
space on Fourth and Fifth street shall front to the north, and those on the 
south of said space on the streets last aforesaid shall front to the south, 
and those on the west line of the space on Chestnut and Market streets 
shall front to the west, and those on the east line of the space last afore- 
said shall front to the east. Any person violating the provisions of this 
section shall be deemed guilty of a misdemeanor, and on conviction thereof, 
be fined not less than five nor more than twenty dollars. (M. C., sec. 1746.) 


See. 1851. Stands in front of private premises—how 
regulated. —Occupants of premises in front of which it is desired to stand 
for employment cabs, cabriolets, carriage, coupe or one-horse vehicle, may 
give permission in writing to the owner or driver so to do, which permis- 
sion shall not be effective until it is approved by the mayor, and it may be 
revoked by the mayor at any time, whereupon all rights under it shall at 
once cease and be ended. (M. C., sec. 1747.) 


ARTICLE V. 


OF STEAM CARS AND STEAM RAILROADS.* 


Sec. 1852. Gates at crossings required—watchman. — Every 
person, association or corporation running or operating engines or cars 
propelled by steam power upon its railroad track or tracks, along or across 
any street, avenue or road in the City of St. Louis [which is] now, or which 
may hereafter be, used for wagon travel, shall erect at all cross or intersect- 
ing streets, avenues or roads so used, or which may hereafter be used, a gate 
or gates made of wood or iron or other suitable material, and unless said 
gates are opened and closed automatically, such person, association or cor- 
poration shall keep a watchman to operate said gate or gates, who shall close. 
the same immediately before the passage of any engine, car or train of cars, 
and open the same immediately after such passage. Such gate or gates shall 
be so erected on such improved streets, avenues or roads within thirty days 
after such person, association or corporation shall be notified so to do by 
the street commissioner of the city. Provided, however, that this article 
shall not apply to any cross or intersecting avenue, streets or roads that are 
now or may hereafter be bridged over and across the railroad tracks; and 
provided, further, that this article shall not apply to any cross or intersect- 
ing streets, avenues or roads on which are laid tracks used exclusively for 
switching purposes, or for switch tracks. (M. C., sec. 1748.) 


Secs. 1852 and 1858 are authorized by the Charter, and gates erected in pur- 
suance thereof in the streets are not nuisances: Seibert vs. Railroad, 188 Mo. 
657. If the ordinance has been complied with, its admission, if error, is harm- 
less: Mulderig vs. Railroads, 116 Mo. App. 655, 665. The failure to station a 
watchman at a crossing when required by ordinance has been held negligence 
per se: Thomas, J., in Dickson vs. Ry., 104 Mo. 491, 501, citing a number of cases 
as so holding. 


Sec. 1853. Penalty.—Any person, association or corporation failing 
to observe and comply with the provisions of this article shall be deemed 
guilty of a misdemeanor, and upon conyiction thereof in the police court of 
the city, shall be fined not less than one hundred dollars, nor more than five 


—— 


*See Charter, Art. III, sec. 26, clause 11; as to difference respecting the au- 
thority of municipalities in conferring the use of streets upon street railways 
and steam railways, see State ex rel. vs. Corrigan Street Ry., 85 Mo. 263-275. 


ART. V.] OF STEAM CARS AND STEAM RAILROADS. 947 


hundred dollars for each and every offense, and every day’s violation thereof 
shall constitute a separate offense. (M. C., sec. 1749.) 


See. 1854. Duty of police.—It is hereby made the special duty of 
the police to enforce the provisions of the two preceding sections, and to 
this end each patrolman shall report any violation thereof coming to his 
knowledge to his superior officer daily, and shall arrest all employes, watch- 
men or persons guilty of a violation. of section one thousand eight hundred 
fifty-two. (M. C., sec. 1750.) 


See. 1855. Definition of term ‘“streets,’? ete.—When- 
ever the words “streets, avenues or roads used for wagon travel” are used 
in this article they shall be construed to mean streets which have been 
opened by ordinance. (M. C., sec. 1751.) 


Sec. 1856. Rate of speed.—It shall not be lawful within the limits 
of the city for any person, association or corporation to run any engine, 
car or train of cars propelled by steam power at a rate of speed exceeding 
six miles per hour, over, along or across any cross or intersecting improved 
street, avenue or road, which is now or may hereafter be used for wagon 
travel, if such person, association or corporation shall have failed to comply 
with a notice from the street commissioner, specified in section one thousand 
eight hundred fifty-two. But after compliance therewith it shall be lawful 
for any person, association or corporation to run its engines, car or train of 


cars at a rate of speed not exceeding twenty miles per hour. (M. C., sec. 
1752.) 


Rate of Speed. 


Ordinances of cities regulating the speed of railway trains are police regula- 
tions, and the municipalities have such power, though not given in express terms, 
as it may be implied from the power to abate nuisances or provide for the gen- 
eral welfare, etc.: Bluedorn vs. Ry., 108 Mo. 439; Jackson vs. Ry., 157 Mo. 621, 
639; Merz vs. Ry., 88 Mo. 672; Sluder vs. Transit Co., 189 Mo. 107, 131-132 (also 
holding that no acceptance by the company is required to make it amenable to 
police regulations, and citing a large number of cases on cognate points); Neier 
vs. Mo. Pac. Ry., 12 Mo. App. 25, 34 (holding also that it makes no difference 
that the company obtained its charter direct from the legislature, when such 
course was permigted prior to the present constitution, nor that the company laid 
its track with so short a curve and at such grade that it cannot conveniently 
move its trains at the speed fixed by the ordinance, which in this case was six 
miles per hour, and the rails along Poplar street): Gratiot vs. Mo. Pac., 116 Mo. 
450, 467. 


But, where power to legislate is given a municipality, but the mode of its 
exercise is not prescribed, an ordinance in pursuance thereof, though prima facie 
valid, is subject to judicial review as to its reasonableness or oppressiveness as 
applied to existing conditions, which is a question for the court and not the 
jury, and it may be declared void on the ground of its being oppressive or un- 
reasonable: Zumault vs. K. C. Air Line, 71 Mo. App. 670, 676 et seg., and cases 
cited; White vs. St. L. & S. F. Ry., 44 Mo. App. 540; Plattsburgh vs. Hagenbush, 
98 Mo. ‘App. 669. 


But a clear case of unreasonableness or oppressiveness must be established 
before the court will declare the ordinance void: Gratiot vs. Mo. Pac., 116 Mo. 
450, 467, and cases cited; Neier vs. Mo. Pac. Ry., 12 Mo. App. 25 (both being St. 
Louis cases where ordinances limiting speed to six hours were upheld). 


The running of a railroad train through the corporate limits of a city in 
excess of the speed prescribed by ordinance is negligence ser se and a cause of 
action results to any person injured by such violation: Per Gantt, J., for the 
court in banc in Sluder vs. Ry., 189 Mo. loc. cit. 135, referring to numerous cases 
so holding and expressly affirming Jackson vs. Ry., 157 Mo. 621, 641 and cases 
following same, (and overruling Fath vs. Ry., 105 Mo. 1. c. 545 and the line of 
numerous cases following the latter); Gratiot vs. Mo. Pac., 116 Mo. 450, 463; 
Hutchinson vs. Railroad, 161 Mo, 246. 


948 REVISED CODE OR GENERAL ORDINANCES. . [CHAP, 22. 


But no rate of speed is negligence per se unless contrary to the DEOYS EAE of 
express law or ordinance. Maher vs. Ry., 64 Mo. 267. 


The ordinance need not be limited in its application to public highways, but 
may apply as well to private grounds or switch yards: Prewitt vs. Ry., 134 Mo. 
615, 626, approving Merz vs. Ry., 88 Mo. 672, 677, s. c. 14 Mo. App. 459; Bluedorn vs. 
Ry., 108 Mo. 439, 445-446. 


The original ordinance corresponding to sec. 1856, R. C., was not invalid be- 
cause of defective title: Bergman vs. Ry., 88 Mo. 678. 


Sec. 1857. Cars—streets not to be obstructed by—bell to 
be rung—danger signals to be given.—It shall not be lawful 
within the limits of the City of St. Louis for any car, cars or locomotives 
propelled by steam power to obstruct any street crossing by standing thereon 
longer than five minutes, and when moving the bell of the engine shall be 
constantly sounded within said limits, and if any freight car, cars or loco- 
motives propelled by steam power be backing within said limits, a man shall 
be stationed on top of the car at the end of the train farthest from the en- 
gine, to give danger signals, and no freight train shall at any time be moved 
within the city limits unless it be well manned with experienced brakemen 
‘at their posts, who shall be so stationed as to see the danger signals and 
hear the signals from the engine. The steam whistles of danger shall in no 
case be sounded except in giving the usual signals for running trains. (M. 
C., sec. 1753.) 


As to violations of these provisions as connected with actions for damages 
from violation thereof, see Diekson vs. Mo. Pac., 104 Mo. 491 (watchman and 
ringing of bell); Rafferty vs. Mo. Pac. Ry., 91 Mo. 33 (ringing bell and absence 
of experienced brakeman); Bergman vs. St. L., I. M. & S. Ry., 88 Mo. 678, 682 
(absence of brakeman); Mulderig vs. Railroads, 116 Mo. App. 655, 665 (holding 
this ordinance admissible without being specially pleaded). 


Failure to ring bell as required by ordinance is negligence per se: Gratiot 
vs. Mo. Pac. Ry., 116 Mo. 450, 464; Reed vs. Railroad, 107 Mo. App. 238, 245 and 
cases cited. Unless such failure does not contribute to the injury: Hutchinson 
vs. Ry.,° 161 Mo. 246, 258. 


A city under charter provisions to control the streets and general welfare 
clause may by ordinance limit the time that railway trains may block a street: 
Berger vs. Mo. Pac. Ry., 112 Mo. 238, 250. 


As to obstruction of streets by railroads to the extent of destroying the use 
of the street for the public, and the consequences of the same, see note under 
Charter, Art. III, sec. 26, clause 2, where the subject isefully discussed. 


Sec. 1858. Penalty. persons or corporation violating 
the provisions of the next two preceding sections, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof, in the police court in this 
city, shall be fined not more than five hundred dollars nor less than one 
hundred dollars for each and every offense. (M. C., sec. 1754.) 


See. 1859. Poplar street—locomotives on to use coke.—No 
engine or locomotive run or operated on Poplar street shall use any fuel 
other than coke; and such engine or locomotive shall moreover, be so con- 
structed as to prevent any offensive or dangerous emission of smoke or cin- 
ders. (M. C., sec. 1755.) 


See. 1860. Poplar street—obstruction of cross streets for- 
bidden.—No locomotive, car or train of cars propelled by steam power 
shall be permitted or suffered to obstruct the crossing of any street inter- 
secting Poplar street between Ninth street and the levee by stopping or 
backing for a-longer time than two minutes. (M. C., sec. 1756.) 


See Berger vs. Mo. Pac. Ry., 112 Mo. 288, 250, as to right to pass ordinance 
against obstruction of streets for longer than certain time fixed. See as to rail- 
road track on Poplar street authorized by state enactments, Atl. & Pac. Ry. vs. 
St. Louis, 66 Mo. 228. 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 949 


See. 1861 Penalty.—Any person, persons or corporation violating 
any provision of the next two preceding sections shall be deemed guilty of 
a misdemeanor, and upon conviction thereof, in any police court of this 
city, shall be fined not less than one hundred dollars and not more than 
five hundred dollars for each and every such offense. (M. C., sec. 1757.) 


See. 1862. Locomotives, ete.—climbing on when in motion 
forbidden.—Any person, minor or adult, who shall climb upon, hold to, 
or in any manner attach himself to any locomotive engine or car while the 
same shall be in motion or running into or through this city, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, shall be fined not 
less than five dollars nor more than one hundred dollars for each and every 
offense; provided, that this section shall not apply to any employe of the 
railroad company, nor to any passenger, nor to any other person who may 
be acting by permission or under the rules of the company then operating 
the road. (M. C., sec. 1758.) 


ARTICLE VI. 


OF STREET CARS AND STREET RAILWAYS.* 


Sec. 1863. Application of article.—Every person, corporation, 
company, co-partnership or association, having any street railway franchise 


*By the present constitution of the State the General Assembly is forbidden 
to grant street railway franchises in a city without first acquiring the consent of 
the local authorities, nor can such franchise, when acquired, be transferred with- 
out similar assent: Const., Art. XII, sec. 20; St. L. & Mer. Riv. Ry. vs. Kirkwood, 
159 Mo. 239, 252; Moorshead vs. United Rys. Co., 119 Mo. App. 541 (certified to 
Sup. Ct. and decided there in Feb., 1907, but not as yet reported). State ex rel. 
vs. Lindell Ry., 151 Mo. 162, 182; Grand Avenue vs. Lindell, 148 Mo. 637, 645. See 
more fully on this point, note to Charter, Art. X, sec. 1. 


For the Charter provisions conferring authority over street railways, see Art. 
X, secs. 1-7 and authorities cited in notes to said provisions. See also Art. III; 
sec. 26, clause 11, as well as cases above cited. 


The power to license, tax and regulate street railway cars is conferred in 
Chart., Art. III, sec. 26, clause 5. 


For ordinances upon the licensing of street railway cars, see R. C., sections 
236% tetiseq: (OChap.'31, Arty ES.) 


For state laws, see collection of statutes on the subject relating to St. Louis, 
“Laws Specially Applicable to St. Louis,’ pp. 213-219, secs. 591 et seq. (Chap 33). 


The act of 1860 or Third Parallel Law is repealed by virtue of the provisions 
of the constitution of 1875 and the provisions of the Charter: State ex rel vs. 
Lindell Ry., 151 Mo. 162 (discussing the history of street railway legislation af- 
fecting St. Louis and the development of the home-rule principle respecting same, 
and reviewing the cases). 


For the prior application of the Third Parallel street law, see St. Louis Ry. vs. 
South St. L..Ry., 72 Mo. 67; St. Louis Ry. vs. Northwestern Ry., 69 Mo. 65; s. c., 
2 Mo. App. 69. 


The state statute of 1895 (Julian law), providing for sales at public auction 
of all franchises involving the use of streets of cities or public corporations, is 
void because too uncertain and indefinite in its provisions to permit of intelli- 
gent enforcement: State ex inf. vs. Street Ry. Co., 146 Mo. 155. 


A street railway having its tracks on a public street without authority in 
law, is a nuisance: See authorities in note to headline, Art. XII, Chapter 11, on 
“Nuisances.”’ 


As to the relations between the St. Louis Transit Co. and United Rys. Co., see 
Moorshead vs. United Rys., 119 Mo. App. 541, certified to Supreme Court and 
there decided in Feb., 1907 (not at this writing reported). 


950 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


or connected with or engaged in the business of transporting passengers 
from any one point to any other point within the City of St. Louis, for hire, 
on street railways, shall be subject to all the conditions, stipulations, pro; 
visions and requirements of this article. (Ord. 21118, amending M. C., sec. 
1759.) 


An ordinance promulgating rules for street railways applies to all, no matter 
what kind of motive power is employed: Lamb vs. Cable Road, 33 Mo. App. 489. 
See also, Blair vs. Chicago, 201 U. S. l. c. 4838. As to what constitutes a street 
railway as distinguished from a railroad, see Hannah vs. Street Ry., 81 Mo. App. 
78. See also Jerman vs. Benton, 79 Mo. 148; Ruckert vs. Grand Ave. Ry., 163 Mo. 
iS Weel PANAty. 


Sec. 1864. Rules, regulations and provisions for running 
street cars.—The following rules, regulations and provisions concerning 
the running and management of street railway cars shall be binding upon 
every person, corporation or co-partnership taking out license under the pro- 
visions of this article, or managing, controlling or operating street cars in the 
City of St. Louis. 


) 
First: No cars, when not in actual use for passenger travel, shall be 
kept standing in any street or public thoroughfare, except for the conven- 
ience of the public and when manned by motormen and conductors. 


Second: No car shall be allowed to stop in front of any intersecting 


street, except to avoid collision or to prevent danger to persons in the 
street. 


Third: No car shall be allowed to stop on a crosswalk except when 
signaled or required to stop to receive or discharge passengers, in which case 
it shall be stopped so as to leave the rear platform partly over the crossing . 
or crosswalk, and except to avoid collision or to prevent danger to persons 
in the streets. 


Fourth: The conductor, motorman, gripman, driver, or any other per- 
son in charge of each car shall keep a vigilant watch for all vehicles and 
persons on foot, especially children, either on the track or moving towards 
it, and on the first appearance of danger to such persons or vehicles, the car 
shall be stopped in the shortest time and space possible. 


Fifth: Conductors shall not allow women or children to leave or enter 
the cars while the same are in motion. 


Sixth: Conductors shall announce to passengers the names of the 
streets about to be crossed, and the places where the cars connect with or 
intersect any railway track or any other line, division or branch of street 
railways. 


Seventh: The cars, after sunset, shall be provided with signal and 
headlight, and shall be properly illuminated within. 


Eighth: The cars shall be entitled to the track, and any vehicle upon 
the track shall turn out when any cars come up, so as to leave the track 
unobstructed ; and the driver of any vehicle refusing to do so when requested 
by the motorman, gripman, driver, or any person in charge of any car, shall 
be deemed guilty of a misdemeanor; provided, that persons moving any 
article from or to any vehicle shall be, in cases where such vehicle cannot 
be so placed as to permit the car to pass, allowed a reasonable and sufficient 
time to load or unload the same, but not so as to delay any one car exceeding 
ten minutes. If longer time be required such vehicle shall be loaded or un- 
loaded between midnight and five-thirty a. m. 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 951 


Ninth: All street railroad companies shall operate their roads accord- 
ing to the provisions of their respective charters, except in so far as the 
same may be inconsistent with, or in conflict with, the requirements and 
provisions of this ordinance or article. 


Tenth: All cars shall be kept comfortably heated whenever the tem- 
perature without is below forty degrees Fahrenheit. All cars shall be kept 
in a cleanly condition, and free from filth or rubbish. Each car shall be 
identified by the number of the car plainly appearing thereon. At all times 
while being operated every car shall indicate the line to which the same 
belongs, or if there be divisions of such line, then the particular division 
thereof, by signs or lettering plainly legible to persons on the street, or 
sidewalk, said signs, after sunset, to consist of illuminated transparencies. 


Eleventh: It shall be the duty of the motorman or other person con- 
trolling the running of a street car to reduce the speed of the same when 
approaching and passing a fire engine house to not exceed six miles an 
hour. (Ord. 21113, amending M. C., sec. 1760.) 


Charter, Art. X, secs. 1 and 2, confers full authority over street railroads and 
their regulation and control. See note thereto. 


In General: 

It is not to be questioned that the City of St. Louis, under the comprehensive 
grants in its Charter, has the police power to regulate the use of its streets by 
street car companies (to whom it has granted prior franchises), for the protec- 
tion of the public which uses them for the paramount purpose for which they 
are established, to-wit, for travel thereon: Sluder vs. Transit Co., 189 Mo. 107, 
130; Springfield Ry. vs. Springfield, 85 Mo. 674. 


Where an ordinance is in the exercise of the police power of the city, and 
not of its proprietary right to contract for its municipal advantage, the ordi- 
nance does not depend upon the acceptance of the street car companies to make 
it obligatory upon them to obey it, but it is a municipal law of which all are 
required to take notice, and it has the full force and effect of law within the 
city’s limits: Sluder vs. Transit Co., 189 Mo. 107, 132, reviewing the authorities 
in this state; Riska vs. Ry., 180 Mo. 168, 193; Gebhardt vs. Transit Co., 97 Mo. 
App. 373. 


Where the ordinance is contractual with the company, its acceptance must be 
shown, to bind the company: Springfield Ry. vs. Springfield, 85 Mo. 674. 


As to what is an acceptance, see U. D. Ry. vs. Southern Ry., 105 Mo. 562; 
Campbell vs. Ry., 175 Mo. 161, 176; Schmidt vs. Ry., 163 Mo. 645; Holwerson vs. 
Ry., 157 Mo. 216. 


Where in the ordinance conferring the franchise, the rate of speed is limited, 
no further acceptance need be shown than the operation thereunder of the cars: 
Chouquette vs. Ry., 152 Mo. 257, 265. 


The violation by a street car company of an ordinance passed as a police regu- 
lation for the protection of the safety and property of the citizens, is negligence 
per se, and affords the basis for recovery by a person injured in consequence of 
such violation: Sluder vs. Transit Co., 189 Mo. 107, (following Jackson vs. Rail- 
road, 157 Mo. 621, Hutchinson vs. Railroad, 161 Mo. 246, Karle vs. Railroad, 55 
Mo. 476, Prewett vs. Railroad, 134 Mo. 615, Riska vs. Ry., 180 Mo. 168, 193, and 
other cases holding the doctrine stated, and again overruling Fath vs. Railroad, 
105 Mo. 537, 545 and the line of cases following that case, including Byington vs. 
Railroad, 147 Mo. 673, Murphy vs. Railroad, 153 Mo. 252, Sanders vs. Railroad, 147 
Mo. 411, Holwerson vs. Railroad, 157 Mo. 216, and others, which announced the 
doctrine that no cause of action arose to a person injured by such an ordinance). 
Marshall, J., dissents in the Sluder case, in a lengthy opinion, citing many Mis- 
souri decisions pro and con, on the ground that the city could not, by ordinance, 
alter the general rights and liabilities between private persons inter ses¢ so as 
to create a cause of action otherwise not existing by general law. 


Where the company publishes its reasonable regulations as to where its cars 
shall stop for leaving passengers, the latter must take notice thereof; and the 
company may introduce an ordinance prohibiting it from stopping at the place 
plaintiff sought to alight and was injured: Jackson vs. Ry., 118 Mo. 199; but 


952 ~ REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


not if in conflict with the ordinances: Maguire vs. Transit Co., 103 Mo. App. 
459, 472. 


Clause Third of section R. C. 1864: See somewhat similar ordinance referred 
to in Jackson vs. Ry., 118 Mo. 199. 


Clause Fourth in above section R. C. 1864 (Vigilant Watch ordinance), is a 
valid police regulation, based on the same principle as an ordinance regulating 
speed; it is binding on the companies independently of acceptance: by them, and 
its violation is negligence per se, which affords ground for. recovery of damages 
by one injured thereby: Sluder vs. Transit Co., 189 Mo. 107 (with an elaborate 
discussion of the authorities in the majority and dissenting opinions, and authori- 
tatively overruling that line of cases holding that a city could not by ordinance 
create a civil duty enforceable at common law between private persons, of which 
Fath vs. Ry. Co., infra, was the leading case, followed by others); Riska vs. Ry., 
180 Mo: 168,°193; Gebhardt.vs. Transit’ Co., 97 Mo. App. 373; latson: vs.) Transit 
Co., 192 Mo. 449. 


Independently of the question of furnishing a private cause of action, the 
. validity of the ordinance has been frequently sustained: Fath vs, Ry., 105 Mo. 
53%: Liddy vs. Ry.; 40 Mo...506, 519; Holwerson vs. Wy..7lo? Mo. 21625 Senn evs abaya 


124 Mo. 621; Schmidt vs. Ry., 149 Mo. 269, 284; Conrad Grocer Co. vs. St. Louis, 
etc., Ry., 89 Mo. App. 391. 


Where the action is founded on common law negligence, proof of violation of 
the vigilant watch ordinance is admissible, even though not specially pleaded: 
Meng vs. Railway, 108 Mo. App. 553, 564; because the ordinance when properly 
construed is but declaratory of the common law duty of corporations operating 
street cars in populous cities, and when pleaded is in effect nothing more than an 
inartificial averment of that duty that should be stated in more apt language 


than is expressed by the ordinance: Sepetowski vs. Transit Co., 102 Mo. App. 
TAO al 3 


Clause Fifth: See Shareman vs. Transit Co., 103 Mo. App. 515, 520, 529. 


Clause Eighth: As to right of way between street cars and vehicles, see Lat- 
son vs. Transit Co., 192 Mo. 449, 457; Oates vs. Street Ry., 168 Mo. 535, 544; Schof- 
stete vs. Ry., 175 Mo. 142; and see infra R. C., secs. 1886-1888; and as to right of 
way of ambulances of Health department, see ord. 23068. 


Clause Eleventh: Fire department not to be interfered with: See R. C., sec. 
1885. 


Sec. 1865. Regulations as to rate of speed.—No car shall be 
drawn or propelled at a speed greater than the rate of ten miles per hour 
in that part of the city bounded by the Mississippi river on the east, Arsenal 
street on the south and Grand avenue and its prolongation to said river on 
the west and north, inclusive of both said streets, said district so bounded 
to be known as the Central District; and no car shall be drawn or propelled 
at a speed greater than at the rate of fifteen miles per hour in that part of 
the city not included in the said Central District above bounded and de: 
scribed, to be known as the outer district. 


But nothing in this section shall be construed as sanctioning or allow 
ing any car at any time or any place to run at any rate of speed which may 


be dangerous to the safety of passengers or persons on the streets. (Ord. 
21113, sec. 1760a.) 


Effect of above ordinance 21113 on speed legislation. Prior to the enact- 
mest of ord. 21118, there was no general law applicable to the speed of street 
car lines in St. Louis, because these were held to be governed by the rates of 
speed permitted in the numerous various sfeczal ordinances under which the re- 
spective franchises of the companies or their assignors were conferred (so that 
almost every line and after the consolidation, each of the several divisions, was 
permitted a different rate): Ruschenberg vs. Southern Elec. Ry., 161 Mo. 70. 
To avoid this condition of affairs and the confusion and uncertainty on the part 
of the public growing out of it, and substitute a harmonious law, ord. 21113 
fixed the general rate of speed and made it applicable throughout the city by 
the repeal, in express terms, of the speed provisions in the special ordinances, 
(as a police regulation which could not be contracted away in the special ordi- 
nances.by the city); ord. 211138, in clause 3 of sec. 1760a thereof, therefore ex- 
pressly repealed the inconsistent provisions in the following special ordinances: 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 953 


Nos. 19738, 19429, 19393, 19392, 19352, 19350, 18231, 18677, 18050, 18049, 18048, 
18047, 18010, 17693, 17375, 17185, 17184, 17183, 17072, 17048, 17047, 17021, 17010, 
17009, 17008, 17004, 16704, 16641, 16640, 16639, 16169, 15954, 158038, 15802, 15801, 
15642, 15606, 15605, 15604, 15603, 15602, 15601, 15600, 15547, 15445, 15160, 15023, 
14600, 13282, 12652 and 4564. 


As to rate of speed of company whose cars are by law permitted to run over 
the tracks of another company, see R. C., sec. 1899. 


Ordinances regulating the speed of street railway companies are very clearly 
within the police powers of the City of St. Louis, and are binding on all who 
come within the scope of their provisions, regardless of any question of accept- 
ance by the companies, and their violation is negligence which, when resulting 
in injury to a private person, is ground for a civil action (the later cases over- 
rule a line of former cases holding that a private cause of action was not cre- 
ated by violation of an ordinance): See authorities in preceding note; also 
Sluder vs. Transit Co., 189 Mo. 107, 130; Riska vs. U. D. Ry. Co., 180 Mo. 168, 194. 
See also Story vs. Transit Co., 108 Mo. App. 424, 430. 


And see authorities to same effect in note to regulation of speed of steam 
roads, supra, sec. 1856. 


But in a suit by a conductor against the company, the latter cannot defend 
that its servant obeyed the rules, even in violation of the ordinance: 
Transit Co., 193 Mo. 411, 420. 


Moore vs. 


Authority by ordinance to run at certain speed does not confer on the com- 
pany the right to do so, where it is dangerous under the particular circum- 
stances: Schmidt vs. Ry., 149 Mo.: 269; Holden vs. Ry., 177 Mo. 456; Beier vs. 
Transit: Co. 197) Mo. 2153 Story. vs. Transit Cox 108 Mo. App. 424, 430. 


As to speed in absence of ordinance or statute, see Petty vs. Ry., 179 Mo. 666; 
Holden vs. Ry.,/177 Mo. 456; Warner vs. Ry., 178 Mo. 125; Theobald. vs. Transit 
Co., 90 So. W. (Sup.) 354; Latson vs. Transit Co., 192 Mo. 449. 


See. 1866. Regulations where street car tracks intersect steam 
or street car tracks—right of way as between street cars. 
At all points where the street car tracks may intersect or cross any steam 
railroad track every street car shall be brought to a full stop not less than 
ten nor more than twenty-five feet from nearest point of intersection, and 
shall not proceed to cross said railroad track until, upon sufficient investi- 
gation, the conductor or other proper agent appointed by the company for 
that purpose is assured there is no danger of collision, whereupon the person 
in control of said car shall be signaled to proceed. And at all points where 
the street railway track intersects or crosses other street railway tracks, 
the car shall be stopped immediately before crossing the same, so as to 
avoid danger of collision. The car going in an eastwardly or westwardly 
direction over, on or crossing any intersecting street upon which other street 
cars are run shall be entitled to the right-of-way to pass before any car 
going in a northwardly or southwardly direction at the point of intersec- 
tion of such streets. And it shall be the duty of the conductor, motorman, 
gripman, driver, or any other person in charge of the car going a north- 
wardly or southwardly direction to run the car when approaching the in- 
tersection of other street railways so as to stop in due time and give the 
right-of-way to the car going in an eastwardly or westwardly direction on 
the intersecting line. But in no event shall this clause be so construed as 
to sanction or allow a willful or wanton collision by the conductor, motor- 
man, gripman, or driver of a car running in an eastwardly or westwardly 
direction. (Ord. 21113, sec. 1760a, par. 2.) 


See similar statutory provision R. S. 1899, sec. 1180 (ante “Laws Applicable 
to St. Louis,” sec. 618). 


See. 1867. Time schedules—how changed.—All persons, corpo- 
rations or associations running, operating or controlling the regulation or 
operation of street cars, or the time schedule for the same, shall be required 
to observe and conform to the following requirements and regulations: 


954 REVISED CODE OR GENERAL ORDINANCES. LCHAP. 23. 


First: Unless, and until, amendments or alterations to be effected as 
provided in clause fourth of this section, the cars of each and every line, 
corporation or association, operated or running in whole or in part within 
the Central District, or that bounded by the Mississippi river, Arsenal street 
and Grand avenue and its prolongation to the river, said streets inclusive, 
shall be so operated, managed, regulated and scheduled that in the start- 
ing of the successive cars from the starting points for the trips over the 
route, there shall never, from half-past five forenoon, to half-past: eight 
forenoon, nor from half-past four o’clock to half-past six o’clock in the 
afternoon, be an interval of time exceeding three minutes, except on Sun- 
days and legal holidays, when such intervals shall not exceed four minutes; 
and from half-past eight o’clock forenoon to half-past four o’clock after- 
noon of every day, such intervals shall not exceed six minutes; and from 
half-past six o’clock afternoon to midnight, such intervals shall not exceed 
six minutes, and from midnight to half-past five o’clock forenoon such inter- 
vals shall not exceed one hour. In every case successive cars having started 
within the respective periods of time above indicated, no greater interval 
of time than the maximum interval for starting shall be permitted to elapse 
between the passing of any such cars at any point along the route until the 
trip is completed. 


Second: Unless, and until, amendments or alterations be effected as 
provided in clause fourth of this section, the cars of each and every line, 
corporation or association, operated or running wholly within the outer 
district, namely, all that portion of the city not included in the Central 
District above bounded, shall be so operated, managed, regulated and 
scheduled that in the starting of the successive cars from the starting point 
for the trips over the route, there shall never from half-past five to half- 
past eight forenoon, nor from half-past five to seven o’clock afternoon, be 
an interval of time exceeding six minutes; and from half-past eight fore- 
noon to half-past five afternoon of every day, and also from seven o’clock 
afternoon to midnight, such interval shall not exceed seven minutes; and 
from midnight to half-past five o’clock forenoon, such intervals shall not 
exceed one hour. In every case successive cars having started within any 
of the respective periods of time above indicated, no greater interval of time 
than the maximum interval for starting shall be permitted to elapse between 
the passing of such cars at any point along the route until the trip is com- 
pleted. 


Third: Where any person, corporation or association operates or runs 
cars all of which do not pass over the same route throughout, but which 
partly or wholly cover the different routes, then the two next foregoing 
clauses of this section shall be so construed as to apply to each division, 
branch or route of such line as if the same were operated as a distinct and 
separate line, corporation or association. 


The provisions in said two preceding clauses fixing the maximum in- 
tervals of time allowed between the running of the cars shall not be so con- 
strued as being violated in any case where the same cannot be complied 
with by reason of circumstances beyond the control of those upon whom 
such duty is imposed. 


Fourth: The time schedule or maximum intervals provided for in 
clauses first and second of this section may be amended and altered by the 
street car companies or associations operating the cars as occasional exi- 
gencies or the public convenience may, from time to time, require; provided, 
however, that no such contemplated amendment or alteration can be made 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 955 


or become effective unless and until on written application submitted to the 
Mayor and President of the Council, and, if there be one, to the Street Rail- 
way Supervisor, such proposed amendment or alteration shall have received 
the sanction and approval of at least two of said officials, to be evidenced 
by their endorsement thereon, and said document shall have been filed with 
the Register; and in every case of amendment or alteration a new and com- 
plete time schedule of the operation of the cars shall be filed with the Reg- 
ister. Any permit for a change in the time schedule or maximum intervals 
between cars may be revoked by the Mayor and President of the Council and 
the Street Railway Supervisor, if there be one, or by any two of said offi- 
cials, and upon such revocation of such permit or sanction the time schedule 
or maximum intervals between cars herein provided shall thereupon again 
become effective in lieu of those for which the sanction or permit has been 
revoked. 


Fifth: Ninety days from and after the time of approval of this ordi- 
nance shall be allowed all persons, corporations or associations affected by 
the foregoing three clauses to comply with the provisions thereof. (Ord. 
21113, sec. 1760b.) 


By clause sixth in ord. 21113, sec. 1760b, the provisions of special ordinances, 
‘so far as they may be inconsistent with the time schedule fixed in ord. 21113, 
are specifically repealed, such special ordinances being numbered 19429, 19393, 
19392, 19352, 18231, 18049, 18048, 18047, 17693, 17375, 17185, 17047, 17021, 17010, 
17009, 17008, 16641, 16640, 16068, 15954, 15606, 15605, 15547, 15164, 15038, 15023, 
14837, 14485, 14484, 13282, 12976, 12888, 12713, 12513, 11692, 11580, 11528, 11321, 
11287, 10824, 8982; 8701; 6023, 5735, 5427, and 53809; and sec. 1780 and 1781 of 
M. C. are repealed also. 


As to the right of the city to fix such time schedule, see Charter, Art. X, sec. 
1, conferring power concerning “all questions arising with reference to street 
railroads, whether such questions involve construction, granting right of way 
or regulating and controlling them after their completion,” etc.; and 76., sec. 2, 
conferring power “to regulate the time and manner of running cars,” etc. (same 
as by statute conferred on cities of the first class: R. S. 1899, secs. 5439-5440). 
And Chart., Art. III, sec. 26, clause 11, giving power to grant right to construct 
railways “subject to the right to amend, alter or repeal any such grant in whole 
or in part, and to regulate and control the same, as to their fares, hours and 
frequency of trips,” etc. 


In State ex rel. vs. Corrigan Street Ry., 85 Mo. 263, 282, in denying the right 
of the city by subsequent ordinance to increase contractual burdens imposed in 
the franchise, the court also suggested that a provision in such subsequent 
ordinance that “Cars on such regular lines shall be run at intervals not exceed- 
ing five minutes” was a “proper exercise of the police power.” 


Sec. 1868. Violation of speed or time schedule or other regula- 
tion made misdemeanor—preparation or promulgation of sched- 
ule or order, etc.—penalty.—Kvery person or corporation which may 
do any act in violation of any of the provisions of sections 1864, 1865, 1866 
or 1867, or of any section relating to the regulation or operation of street 
cars where no different provision is made for a violation thereof, and every 
president, superintendent, manager or other officer of any corporation or 
association who in any way aids or participates in the preparation of any 
schedule or order, or the promulgation thereof to any employe, the terms of 
which contemplate and result in a violation of any of the provisions of sec- 
tions 1865, 1866, or of any other section of this article where no different 
provision is made for a violation thereof, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined not less than five dol- 
lars nor more than five hundred dollars for each and every offense; every 
day during which any unlawful order or schedule remains unrevoked shall 
be considered a separate offense. (Ord. 21113, sec. 1760c.) 


956 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


Sec. 1869. Each ear to run over entire route —passengers not 
to be required to change cars—exceptions—how routes 
changed.—Except in case of unavoidable accident or when a car is about 
to turn in according to a schedule at a car shed, or where extra cars are 
required to run temporarily under exceptional circumstances to a particular 
point for the accommodation of the public and are plainly placarded to that 
effect, every street car company or association operating, managing, con- 
trolling or running any line of cars, shall be required to run each of its cars 
that may be carrying one or more passengers, to the end of the entire route, 
and shall not require any passenger to alight from any one of its cars and 
take a preceding or succeeding car traveling over the same route in order 
to continue to his or her destination. 


This section shall not be construed to prohibit the reasonable transfer 
of passengers from one line to another line, or from one division to another, 
at any reasonable point from which said lines or divisions do not continue 
on the same route; but no such company or association shall under any 
existing charter or franchise establish any new route or routes which re- 
quire the transfer of passengers to another car in order to reach any point 
accessible without a transfer on August twenty-eighth, nineteen hundred 
and two, and all routes as then operated shall so continue to be operated 
without abridgement. Provided, that in case of emergency, such as the 
blocking of the tracks caused by conflagrations or under similar exigencies, 
the cars may in order to accommodate public convenience, temporarily be 
run over other tracks until the regular route can again be covered; and pro- 
vided further, that such companies or associations may make all lawful 
changes in the routes when public convenience requires, on condition that 
the proposed changes first receive the written approval and sanction of the 
Mayor, President of the Council, and Street Railway Supervisor, if there be 
one, or any two of the said officials, and said written approval has been 
filed with the Register. And provided further, that said written approval 
may at any time be revoked by any two of the officials above named, and 
upon such revocation of such approval or sanction, as aforesaid, the route 
originally existing before such sanction or permit shall forthwith be re- 
established, subject to the provisions of this article. (Ord. 211138, sec. 
1760d.) 


See this section construed in Dryden vs. Transit Co., 120 Mo. App. 424, 427, 
429, holding in effect that it is an ‘‘unavoidable accident” when the car is be- 
hind time’ resulting from a jammed switch, and that to divert the car from its 
regular route and make a loop, so as to give it the usual space ahead of the fol- 
lowing car, is not a violation of the ordinance. . 


Sec. 1870. Regulations for receiving and discharging pas- 
sengers—when and where cars must be stopped—slow down at 
crossings when meeting other cars—ring gong—red light. 
The following rules and regulations concerning the running of street rail- 
way cars shall be binding upon every company, co-partnership and corpora: 
tion operating or running street cars in the City of St. Louis, and also upon 
their employes: 

First: Street cars shall be stopped for taking or discharging passen- 
gers as follows: Those going southward shall stop on the south side of the 
intersecting streets; those going northward shall stop on the north side of 
the intersecting streets; those going eastward shall stop on the east side of 
the intersecting streets; those going westward shall stop on the west side 
of the intersecting streets. 


Second: It shall be the duty of every driver, motorman, gripman, or 
other servant running any car to bring his car to a full stop at the corner 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 957 


of the streets as herein provided, whenever requested, signaled or motioned 
by any person standing on such appropriate corner desiring to board such 
ear, or by the conductor of such cars, or whenever so requested, signaled or 
ordered by the conductor or any passenger on such car desiring to leave 
such car, and in every instance such car shall remain stationary for a suf- 
ficient length of time to enable passengers safely to board or leave the car; 
provided, that a car in which there are no unoccupied seats need not stop 
to receive passengers when such passengers may board a succeeding car 
which is at the time within three hundred feet of the first car and bound 
over the same route throughout. 


Third: Whenever any car is about to pass another car going in the 
opposite direction, at a point where it is permissible to passengers to alight 
from or to board a car, said car shall proceed at a rate of speed not over 
three miles an hour, and the motorman, driver, or person in control shall 
ring a warning gong or bell. All cars running on a route any portion of 
which is not lighted by street lamps shall carry on the rear end car a red 
lantern containing a coal oil light. (Ord. 21113, sec. 1761.) 


While street car companies may make rules respecting the stopping of cars, 
yet such rules must not be inconsistent with the city ordinances; hence a rule 
that cars need not stop to take on passengers when the cars are eight minutes 
or more behind time is of no effect in law, as it is contrary to the ordinance 
provision: Maguire vs. Transit Co., 103 Mo. App. 459, 472. 


And a company sued by its own servant cannot set up the defense that the 
latter obeyed the company’s rules instead of a speed ordinance: Moore vs. 
Transit Co., 193 Mo. 411, 420. A street car company is liable for negligence, 
where by its custom it stops to discharge passengers at the point where plaintiff 
is injured by a premature starting, although such point is not one where the 
ordinance requires it to stop: Gilroy vs. Transit Co., 117 Mo. App. 663, 668. 


Sec. 1871. Penalty for violating last section.—Any driver, con- 
ductor, motorman, gripman or other servant of any street car company, co- 
partnership or corporation who shall violate any of the provisions of the 
next preceding section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not less than five dollars, 
nor more than one hundred dollars, or be imprisoned in the city jail not 
less than one, nor more than thirty days, or by both such fine and impris- 
onment, for each and every offense. (M. C., sec. 1762.) 


Perhaps only so much of the penalty as provides for a fine (and in case of 
failure to pay same, to be worked out at the work-house, as in case of other 
fines), is authorized by the Charter, if the section contemplates imprisonment 
even if there be no default in paying a fine: Charter, Art. III, sec. 26, clause 10. 


Sec. 1872. Printed copy of ordinance to be posted in each 
ear, —Any- company, copartnership or corporation operating or running 
street cars in the City of St. Louis, whether propelled or drawn by horses, 
mules, cable or electricity, shall be required to expose to plain view to each 
passenger entering their cars inside of each of their cars, a printed copy of 
sections 1870 and 1871. Any violation of the provisions of this section 
shall be deemed a misdemeanor, and on conviction thereof the said company, 
copartnership or corporation shall be fined not less than five dollars, or 
not more than one hundred dollars for each and every offense. The non- 
compliance with the provisions of this section shall for each day and for 
each car, when and where such violation exists, constitute a separate of- 
fense. (M. C., sec. 1763:) 


Sec. 1873. Fenders to be provided —approval of.—All persons, 
associations or corporations now or hereafter owning or operating street 
railways in the City of St. Louis, either by cable or electricity, shall pro- 


958 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 238. 


vide all of their grip or motor cars now or hereafter in use, with fenders 
projecting beyond the front platforms of such cars, and designed to catch 
and sustain any human being who may be in the way of such car, and also 
provide and equip all their street cars with front and rear wheel guards; 
such fenders and wheel guards shall be of a design which the board of 
public improvements shall have certified in writing meets the approval of 
such board. All such cars shall be equipped with such fenders and wheel 
guards by September first, eighteen hundred ninety-five, and such fenders 
and guards shall be placed on all street cars in use thereafter. (M. C., sec. 
1764.) 


In the absence of a statute or ordinance there is no duty requiring the use 
of fenders, and their absence is not negligence, at least not per se: Hogan vs. 
Ry., 150 Mo. 36, 48. 


Sec. 1874. Same—revocation of certificate of approval—time 
for furnishing new fender plans — penalty for operating there- 
after without new fender—use of broken or ineffective fenders 
misdemeanor, ete.—lt shall be the duty of the Board of Public Improv- 
ments to examine and pass upon all designs for fenders and guards submit- 
ted to such board by any street railway company, and to give a written cer- 
tificate to such company of the approval or disapproval of such designs by 
said board. If at any time the board shall, upon investigation, determine 
that a fender or guard which it has previously approved is ineffective or 
unsuitable as a life-saving device, it may cancel and revoke the certificate of 
approval theretofore issued by it. Upon such cancellation or revocation the 
board shall cause to be served a notice thereof upon the president or other 
chief officer of the company using such fender or guard, or in the event of 
the absence of the president or other chief officer from the office of the 
company, then upon some person employed by the company and in charge 
of its business office, and sixty days after the service of such notice upon 
such company shall be allowed said company within which to provide new 
fenders or guards meeting the approval of the board; and any company 
using a fender or guard after the lapse of sixty days from the service of 
such notice of cancellation or revocation of its approval as aforesaid, shall 
be deemed guilty of a misdemeanor, and upon conviction in a police court 
of the City of St. Louis, shall be fined not less than one hundred dollars nor 
more than five hundred dollars for each and every offense, and every day’s 
violation of this provision shall constitute a separate offense. If any com- 
pany shall use on any of its cars any fender or guard which has become 
broken, dilapidated or ineffective by reason of lack of repair for more than 
one round trip, although such fender or guard may be of a pattern or de- 
sign approved by the Board of Public Improvements, such company shall 
be deemed guilty of a misdemeanor and upon conviction thereof shall be 
liable to the same penalties provided above. (Ord. 20540, amending M. C., 
sec. 1765.) 


Sec. 1875. Penalty for operating cars without fenders.—Any 
person, corporation or employe, operating any street car in the City of St. 
Louis, after October first, eighteen hundred ninety-five, not equipped with 
fenders and guards as hereinbefore provided, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof in the police court of the City of 
St. Louis, shall be fined not less than one hundred dollars for each and every 
offense, and every day’s violation thereof shall constitute a separate offense. 
(M. C., sec. 1766.) 


Sec. 1876. Getting on fenders, forbidden, except.—Any person 
who, when not in danger of injury, shall get upon such fender attached to 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 959 


any car, as hereinbefore provided, whether such car be standing still or 
in motion, shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than ten dollars nor more than fifty dollars. (M. C., 
sec. 1767.) 


Sec. 1877. Brakes to be provided—how approved—certificate 
of approval—penalty for operation of motor cars without 
brakes.—All persons, associations or corporations now or hereafter own- 
ing or operating street railways in the City of Saint Louis, shall provide all 
their motor cars, now or hereafter in use, with brakes to stop the cars, of a 
design which the Board of Public Improvements shall have certified in 
writing meets the approval of the board. It shall be the duty of said board 
to examine and pass upon all designs for brakes submitted to it by any 
street railway company, and to give a written certificate to such company 
of the approval or disapproval of such design by said board. After the 
approval by said board of a particular kind of brake, there shall be allowed 
to such person or corporation operating such cars, the space of sixty days 
to equip the cars with the kind of brakes so approved; after which time 
any person, corporation or employee operating any street car, contrary to 
the provisions hereof, shall be deemed guilty of a misdemeanor and upon 
conviction thereof in the Police Court of the City of Saint Louis, shall be 
fined not less than one hundred dollars, nor more than five hundred dollars, 
for each and every offense, and every day’s violation of this provision shall 
constitute a separate offense. The said board shall approve only of such 
designs of brakes that are more effective in quick stopping of cars, and 
conducive to the geatest safety to the public. (Ord. 20653, sec. 1.) 


See. 1878. Revocation of approval— notice—new brakes there- 
after—penalty for using disapproved brake.—lIf at any time the said 
board shall upon investigation determine that a brake, which it has previ- 
ously approved, is ineffective or unsuitable as a device for the quick stop- 
ping of cars, it may cancel and revoke the certificate of approval thereto- 
fore issued by it. Upon such cancellation or revocation, the board shall 
cause to be served a notice thereof upon the president or other chief officer 
of the company using such brake, or in the event of the absence of the 
president -or other chief officer from the office of the company, then upon 
some person employed by the company and in charge of its business office, 
and sixty days, after the service of such notice upon such company, shall be 
allowed said company within which to provide new brakes, meeting the 
approval of the board; and any company or person using a disapproved 
brake after the lapse of sixty days from the service of notice of cancellation 
of its approval, as aforesaid, shall be deemed guilty of a misdemeanor, and 
upon conviction in a Police Court shall be fined not less than one hundred 
dollars nor more than five hundred dollars for each and every offense, and 
every day’s violation of this provision shall constitute a separate offense. 
(Ib., sec. 2.) 


If any company shall use on any of its cars any brake which has be- 
come broken, dilapidated or ineffective by reason of lack of repair for more 
than one round trip, although such brake may be of a pattern or design ap- 
proved by the Board of Public Improvements, such company shall be deemed 
guilty of a misdemeanor and upon conviction thereof shall be liable to the 
penalties above provided. (Jb., sec. 3.) : 


- 


Sec. 1879. Rails—gauge, shape or width.—All street railroads 
shall be constructed and reconstructed with tracks of iron or steel rails, the 
head or tread flanges of which shall be laid and maintained on the grade of 


960 : REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


the streets as near as practicable, through which the line of rail forming a 
track passes. The grade of the street shall be determined by the street 
commissioner. The inner sides or edges of the head or tread flange of the 
rails forming a track at the point where they join the lower flange shall be 
four feet ten inches apart and no more. The rails shall be five inches in 
width. The lower flange of the rail shall be in the inside of the head or 
tread flange, and shall be level or within one-sixteenth of an inch of level 
on the upper surface and extend not less than two and one-half inches from 
the inside of the head or tread flange so as to accommodate ordinary ve- 
hicles of four feet and ten inches outside gauge. The head or tread flange 
of the rails shall have a surface of not less than two inches wide and not 
more than one and one-tenth of an inch above the lower flange measured 
from the top of the head or tread flange. Each rail shall be made so that 
the inside of the head or tread flange and the upper surface of the lower 
flange shall form an obtuse angle of ninety-five degrees. No rail shall have 
any flange, rib or other contrivance outside of the heart or tread flange that 
would prevent the paving of the street up to and level with the surface 
head or tread of the rail; provided, however, that there may be a groove of 
not more than one-half of one inch in depth and one-half of one inch in 
width at the junction of the inside flange with the head or tread flange. 
The board of public improvements may approve for use a pattern of rail, of 
which the flat portion of the inner flange shall be on a level with the head 
or tread flange; the head or tread flange and the level part of the inner 
flange being separated by a groove or channel for the wheel flanges. All 
curves when laid shall be of the “U” or gutter pattern, or such other im- 
proved pattern as may be approved by the board of public improvements. 
(M. C., sec. 1768.) 


See Charter, Art. X, sec. 4. 


Sec. 1880. Penalty.—Any failure, refusal or neglect of any street 
railroad company or corporation or any officer thereof to comply with the 
provisions of section 1879, shall be deemed a misdemeanor, and upon con- 
viction of said company, or corporation or officer thereof, he or it shall be 
fined not less than fifty dollars nor more than five hundred dollars for each 
and every rail so laid by said company not in compliance with the provisions 
of this and the next preceding section. (M. C., sec. 1869.) 


Sec. 1881. Tracks—how constructed and reconstructed—pen- 
alty. —Whenever, by authority of an ordinance of the city, the carriageway 
of any street upon which one or more railway tracks are laid, is to be con- 
structed or reconstructed, the street commissioner shall notify the railroad 
company whose track is laid on such street, to construct or reconstruct in 
like manner, and with the same kind of material as specified in said ordi- 
nance, the space between the rails and the space between the tracks where 
there is a double track or more, and twelve inches outside of each rail; pro- 
vided, however, that a better material may be used between the rail, if ap- 
proved by the street commissioner, and said work shail be executed and com- 
pleted as rapidly as the street improvement is executed and completed. A 
failure to observe this section shall, as to each block or part of block of the 
street improved, constitute a separate offense, and the person, corporation, 
company, copartnership, or president, superintendent or manager thereof 
offending, shall, on conviction, be deemed guilty of a misdemeanor, and be 
fined not less than five dollars nor more than five hundred dollars for each 
offense. (M. C., sec. 1770.) 


Sec. 1882. Streets—between rails and tracks to be kept in 
repair.—aAll street railroad companies shall keep in repair the space be- 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 961 


tween the rails and the space between the tracks where there is a double 
track or more and twelve inches outside of each outside rail. Said repairs 
shall be made and maintained with such material as the street is paved 
with; provided, however, that a better material may be used with the ap- 
proval or by the direction of the street commissioner. Every failure to ob- 
serve this section shall constitute an offense, and the corporation, company, 
or the president, superintendent or manager thereof, offending, shall be 
deemed guilty of a misdemeanor, and on conviction, shall be punished by a 
fine of not less than five dollars nor more than five hundred dollars for each 
offense. Each day a given location remains unrepaired after the expiration 
of twenty-four hours from the time a written or printed notice to repair the 
same iS issued by the street commissioner and is delivered at the office of 
the company in the city, shall constitute a separate offense. (M. C., sec. 
1771.) 


See Charter, Art. X, sec. 5, and note thereto. 


An obligation to repair only, does not require the company to reconstruct: 
State ex rel. vs. Corrigan Street Ry., 85 Mo. 263; or to pave: Kansas City vs. Cor- 
rigan Ry., 86 Mo. 67. See also as to when companies are, or not, exempt from 
repair of tracks, etc., St. Louis vs. Mo. Ry., 13 Mo. App. 524; St. Louis vs. Mo. 
Ry., 87 Mo. 151. As to authority to pass such ordinances generally, see Spring- 
field vs. Ry., 69 Mo. App. 514. 


See. 1883. Penalty.—Any person, corporation, company or copart- 
nership, or the president, superintendent or manager thereof, violating or 
failing to comply with any of the foregoing provisions of this article, ex- 
cept as otherwise provided for, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, be fined not less than five nor more than five 
hundred dollars. (M. C., sec. 1772.) 


Sec. 1884. Railway companies—liability of—city not liable. 
—The City of St. Louis shall not be held liable to any railway company or 
individuals for any damage resulting from the breaking of any sewer, or 
any water or gas pipes, or from any delay in the transportation of per- 
sons that may be caused thereby, or from delays or damages caused by 
fire or otherwise; but any such railway company or individuals shall be 
liable for any loss or injury that any person may sustain by reason of any 
carelessness, neglect or misconduct of their servants or agents in the man- 
agement, construction or use of their track or cars. (M. C., sec. 1773.) 


Sec. 1885. Fire department—not to be interfered with.— 
No privilege or authority hereby granted shall be so construed as in any 
manner to interfere with the operation of the fire department of the city; 
but in all instances in cases of fire, the use of the streets where railroad 
tracks are laid shall be subservient to the necessities of the fire department. 


(M. C., sec. 1774.) 
See R. C., sec. 1864, clause 11. 


Sec. 1886. Vehicles—when entitled to use of track. —Vehicles 
driving in the direction of the cars upon any street railway shall be entitled 
to the track used by the cars running in that direction. (M. C., sec. 1775.) 


Sec, 1887. WVehicles—when not entitled to use of track. 
No vehicle driving in a contrary direction shall use such track except for 
the purpose of crossing or avoiding other vehicles that may be in the way ; 
and any driver violating the provisions of this section shall be deemed guilty 
of a misdemeanor, and on conviction thereof be fined not less than five dol- 


lars. (M. C., sec. 1776.) 


962 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


Sec. 1888. Cars—entitled to preference on tracks.—Nothing 
contained in the next preceding two sections shall be construed as in any 
manner interfering with the rights of passenger cars upon such track, or 
as entitling any vehicle to any track in preference to any such car, without 
regard to the direction. (M. C., sec. 1777.) 


As to the respective rights of street cars and other vehicles, see Oates vs. 
Street Ry., 168 Mo. 535, 544, et seg.; Latson vs. Transit Co., 192 Mo. 449, 457 and 
eases cited; Winters vs. Ry., 99 Mo. 509; Moore vs. Rapid Transit, 126 Mo. 265: 
Conrad Grocer Co. vs. St. L. & M. R. Ry., 89 Mo. App. 391; Klockenbrink vs. 
Ry., 172 Mo. 678; Linder vs. Transit Co., 103 Mo. App. 574; Degel vs. Transit Co., 
101 Mo. App. 56. (As to paramount right of Health Department ambulances, see 
ord. 23068, enacted after the R. C.) 


Sec. 1889. Periodical reports from street railways—what to 
contain—penalty for failure.—It shall be the duty of each and all of 
the street railroad companies in the City of St. Louis to report, under oath, 
to the City Register, between the first and fifteenth days of the months of 
April, July, October and January of each year, by their president, secre- 
tary or superintendent, the number of trips made, the distance in miles 
traversed thereby, the number of passengers carried over the road of which 
the person making the report is an officer, the number of cars operated, 
and the number of revenue or pay passengers carried on each car respect- 
ively, during the preceding three months ending on the last day of the 
months of March, June, September and December; and any street railway 
company failing to make the report required by this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined not less 
than five nor more than five hundred dollars, and every day that the said 
report remains delinquent shall be considered a separate offense. (Ord. 
211135, BCC LI 182) 


Provisions of this kind are authorized under the Charter: St. Louis vs. Rail- 
way, 89 Mo. 44, affirming 1]. c. 14 Mo. App. 221. 


See. 1890. Streets and approaches to be kept clean—penalty 
for failure.—aAll street railroad companies in St. Louis shall keep free 
from mud, snow and dust the approaches to their cars in use at the termini 
of their lines, whether main lines or extensions, and at the stables and 
power houses of the companies, and all other places where the cars stop, 
otherwise than momentarily to receive or discharge passengers, and shall 
maintain clean and proper footways between the cars of the main line and 
the extension where passengers are transferred; and shall keep the streets 
occupied by them between the rails and between the track where there is a 
double track or more, and for a space of twelve inches outside of each rail. 
in clean condition by the removal of all snow, dust, dirt, mud, offal, there- 
from. The snow, dust, dirt, mud and offal shall be hauled away by the rail- 
road companies and shall not be deposited on the streets. Every day upon 
which any company fails to comply with this section shall constitute a sep- 
arate offense, and the corporation, company, or the president, superintend- 
ent or manager thereof, offending, shall, on conviction, be deemed guilty of 
a misdemeanor, and be fined not less than five dollars nor more than five 
hundred dollars for each offense. (M. C., sec. 1779.) 


Sec. 1891. Motive power—improved, may be used.—The street 
railroad companies in the city are hereby authorized and empowered to 
use any improved motive power or motor for the traction or propelling of 
cars over their respective lines, such permission to be subject to such re- 
structions and conditions as may be imposed by ordinances of the city, and 
subject to revocation by ordinance. (M. C., sec. 1782.) 


ART. VI.] OF STREET CARS AND STREET RAILWAYS. 963 


Sec. 1892. Preceding section—limitation of operation.—Sec- 
tion 1891 shall have force and effect only upon and as to such street railroads 
and street railroad companies as may file with the City Register a written 
acceptance of sections 1891, 1892 and 1893, as an amendment to their re- 
spective charters. (M. C., sec. 1788.) 


See, 1893. Fare not to be increased—freight traffic, ete., pro- 
hibited.—Nothing contained in this article shall be construed to author- 
ize an increase of the rate of fare as now established, nor to allow the trans- 
portation of freight over street railroads, nor to allow the use of the ordi- 
nary dummy or box car, engine, or locomotives of the kind now used upon 
steam railroads in this state. (M. ©., see. 1784.) 


Right. to réeruinte) fare: See Art, Til; ‘sec, 26, clause1l; ¢4..° Art) Xiesece 3 


See as to power of city to cut down fares under charter conferring less au- 
thority on the city: Detroit vs. Detroit Citizens Ry., 184 U. S. 368; San Antonio 
vs. Altgelt, 200 U. S. 304, 308; Cleveland vs. Electric Ry., 201 U. S. 529; Cleveland 
Vo Ie LOCtricGultya. thao) Ue Sar OLit. 


Sec. 1894. Tracks--when may be used by other than operat- 
ing company. —Any street railroad company which is or may be here- 
after authorized by ordinance of the city to operate a line of street railroad 
cars, along, across or upon any street or streets of said city, along, across or 
upon which street or streets any other street railroad company then owns a 
street railroad, said first-mentioned company may operate and run its cars 
over the track of said other company across, along and upon such streets as 
it may by ordinance aforesaid be authorized to run and operate its road, 
upon the payment of just compensation, to be ascertained under the rules 
and regulations hereinafter prescribed. (M. C., sec. 1785.) 


Charter, Art. X, sec. 6, and note thereto. 


See. 1895. Procedure to determine rate of compensation.— 
When any street railroad company shall desire to operate a line of street 
cars over the track of any other street railroad company, or part thereof, 
as provided in section 1894 of this article, [and] an agreement cannot be 
had between such companies as to the compensation to be paid therefore by 
the company so desiring, said compensation shall be ascertained by a com- 
mission of three disinterested freeholders of the city, to be chosen and ap- 
pointed in the following manner, to-wit: The company desiring to use said 
track may make written application to that effect to the mayor of said city, 
accompanied by plans and specifications showing the extent of track it de- 
sires to use, first giving ten days’ notice in writing to the railroad company 
whose track it is designed to use, of the time and purport of such applica- 
tion. On receipt of the same, with evidence of notice aforesaid, the mayor 
shall forthwith give notice to each of said companies to report to him in 
writing within ten days thereafter, the name and address of one disinter- 
ested freeholder of the city, to act as its chosen commissioner. Upon the 
expiration of the ten days aforesaid, the mayor shall forthwith appoint a 
third disinterested freeholder of the city to act as commissioner, and shall 
also appoint one such freeholder to represent either of such companies which 
shall have refused or neglected to appoint a commissioner within the time 
aforesaid. Thereupon the mayor shall forthwith give notice to the commis- 
sioners so appointed of their appointment, and shall turn over to them all 
papers in his possession, relating to the matter in controversy, and in case 
of vacancy in such board of commissioners, caused by death or refusal to 
serve of any of said commissioners, or for any other cause whatever, the 
mayor shall appoint a commissioner to fill such vacancy. All the commis- 


964 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 23. 


sioners provided for under the provisions of this section shall be freeholders, 
residents of the city, and shall not be interested in any manner as stock- 
holders, bondholders, lenholders, or officers or employes of either of the 
street railway companies in question. When appointed, said commissioners 
shall proceed to determine the compensation to be paid and the time and 
manner of its payment; provided, that in case one or more street railroad 
companies shall thereafter be authorized to operate, and do cause to be op- 
erated, a line of street railroad cars upon said track, the compensation paid 
by the company or companies already occupying said track may, upon ap pl- 
cation of either of said companies to the mayor, be revised and readjusted 
by a commission of three disinterested freeholders, chosen and appointed in 
the manner herein prescribed. And either party may apply for a readjust- 
ment of the terms of compensation once in each period of two years, to be 
determined as herein prescribed. (M. C., sec. 1786.) 


See note to sec. 6 of Art. X of Charter. 


These and the following ordinance sections on the same subject are construed 
and upheld in the following cases: Grand Ave. Ry. vs. Lindell Ry., 148 Mo. 6387; 
Grand Ave. Ry. vs. Citizens Ry., 148 Mo. 665; Union Dep. Ry. Co. vs. Southern El. 
Ry., 105 Mo. 562; Railway Co. vs. Railway Co., 132 Mo. 34. These cases are more 
fully set out in the said note to sec. 6 of Art. X of the Charter. 


Sec. 1896. Qualification of commissioners — proceedings — 
powers and duties—report—compensation.—The said commis- 
sioners, before proceeding to hear any testimony, shall take and subscribe 
an oath before some officer duly authorized to administer an oath, that they 
possess all the qualifications required in the next preceding section, and 
that they will faithfully and fairly hear and examine the matter in contro- 
versy, and make a just award to the best of their understanding, which oath 
shall be filed and returned with the award. They shall meet together and 
view the track or parts of track proposed to be used by the company making 
the application, and shall hear testimony of witnesses, and the proofs and 
allegations of the parties to the proceedings, as to the value of said tracks 
and as to the compensation to be paid to the company whose track is to be 
used, and such damages as the commissioners may deem just, and upon the 
close of the testimony shall, without unnecessary delay, make a report in 
writing of their decision and award, which report shall be signed by them 
or a majority of them, and addressed and delivered to the mayor forthwith 
upon its completion; such commissioners shall be entitled to ten dollars 
each per day for their expenses and services for the first ten days they are 
actually engaged in performing their duties, and one dollar for each suc- 
ceeding day actually employed thereafter, to be paid by the company making 
the application. (M. C., sec. 1787.) 


See. 1897. Procedure on report of commissioners—bond— 
payment of indemnity.—On the reception of said report of the commis- 
sioners by the mayor, he shall file the same, together with the original appli- 
cation and all papers pertaining to the proceedings, with the city register, 
and shall immediately notify the parties of the decision of the commission- 
ers, and of the filing of their report, and thereupon, and on payment by the 
company making the application of the amount of the compensation award- 
ed in said report, or after paying the same into the circuit court for the 
company whose track it is proposed to use, and upon payment of the costs 
and expenses of the commissioners, and upon filing with the city register 
a bond in the sum of twenty thousand dollars, with two good and sufficient 
securities, owners of unincumbered real estate in the city, which bond shall 


Py a OF STREET CARS AND STREET RAILWAYS. 965 


be approved by the mayor and council; said bond shall be conditioned for 
the payments to the company whose track or tracks are to be used, of such 
additional compensations as may be ordered to be paid by the circuit court 
on any proceeding therein as provided in section 1898; the first named com- 
pany shall be entitled without further delay to enter upon and run its cars 
over the track or part or parts of the track mentioned and described in the 
report of such commissioners. (M. C., sec. 1788.) 


Sec. 1898. Appeal—provision for and procedure.—Upon the 
filing of such report of said commissioners, the register shall duly notify 
both parties to the controversy of the filing thereof, and either party to 
such controversy may, at any time within ten days after the service of such 
notice as aforesaid, appeal to the circuit court of the City of St. Louis for 
a review of the report of said commissioners, by filing with the clerk of said 
court written exceptions to said report, and serving a copy of said excep- 
tion upon the opposite party, together with notice of the time of filing the 
same, and the court may thereupon make such order therein as right and 
justice may require, and may order a new appraisement in the manner 
hereinbefore prescribed, upon good cause shown; but notwithstanding such 
appeal, the company may operate its cars over such track or parts of the 
track as the report of the commissioners may designate, and any subsequent 
proceedings shall affect only the amount of compensation to be paid and the 
manner and time of payment. (M. C., sec. 1789.) 


See cases cited, supra, in note to Rev. Code, sec. 1895. 


Sec. 1899. Use of tracks—limitations upon.—The company 
using the track, or part or parts of the track of another company, under the 
provisions of this and the five next foregoing sections, shall run its cars 
while on said track at the same rate of speed as the cars of the company own- 
ing said track, and shall construct and keep its connections with the track of 
the company so as not to delay or interfere with the cars of the company 
owning the track. Any company using the track of another company, in 
whole or in part, shall charge no more than one passage over its whole line. 
(M. C., sec. 1790.) 


See. 1900. Surrender of franchise—how and when —irre- 
voeability.—Any street railway company unable or indisposed to carry 
forward its business may notify the Mayor of such indisposition, and sur- 
render thereby all of its chartered rights or franchises; but such company 
desiring so to do, shall first give not less than sixty days’ notice in writing 
to the Mayor of such intention and intended action, and, after giving said 
notice the surrender contemplated or referred to therein shall not be revoked 
or withdrawn except by permission of the Mayor given before the expiration 
of the time limited in said notice for said surrender to take place and no 
such company shall be authorized to surrender a part only of its chartered 
rights or franchises and retain the remainder, unless sanctioned by ordi- 
nance duly enacted as required by law. (Ord. 21113, sec. 1790-a.) 


See Charter X, sec. 3, authorizing this section. As to non-user as ground for 
forfeiture, and proper procedure in such case, see State ex. rel. vs. Railway, 140 
Mo. 539, and additional authorities cited in note to Charter, Art. X, sections 1, 7. 


See. 1901. Street railways to sprinkle tracks.—In order to 
promote and preserve the public health, and as a police regulation, all street 
railway companies or persons or corporations owning or operating street 
railway cars upon the streets, avenues, highways or public places of this 


966 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 24, 


city shall, from and after ninety days after the approval of this ordinance, 
for the purpose of laying the dust which may be created by the movement 
of said cars, sprinkle with water such portions of the streets, avenues, high- 
ways or other public places occupied by them with their tracks and the 
space or the spaces between such tracks. Said sprinkling shall be done be- 
tween the hours of 6 o’clock in the morning and 9 o’clock in the evening of 
each and every day of the year, except on such days or parts of days as the 
dust shall be laid by dampness, rain, snow or other natural causes, and ex- 
cept on such days when the weather shall be so cold that sprinkling would 
be imprac ticable by reason of the freezing of the water. (Ord. 20401, see. 1.) 


Sec. 1902. Same—what device to be used—B. P. IL. to ap- 
prove same.—The sprinkling above provided for shall be done by means 
of an apparatus or device placed upon railway trucks and so constructed as 
to be run and operated over the tracks of such railway company, person or 
corporation as may own the same or operate cars thereon, and said sprink- 
ling shall be done by such companies, persons, or corporations at their own 
expense. The device or apparatus and the design and plan of such sprink- 
ling car shall be first submitted to the Board of Public Improvements for its 
approval before any such sprinkling car, apparatus or device is put into 
operation. (/b., secs. 2 and 3.) 


Sec. 1903. Same—penalty for failure to sprinkle.—Any per- 
son, persons, firm, company or corporation failing to comply with the fore- 
going two sections shall be fined not less than ten dollars nor more than five 
hundred dollars for each offense, and each day’s failure to sprinkle as is 
herein required shall constitute an additional and separate offense under this 
ordinance. (Jb., sec. 4.) 


CHAPTER 24. 


PUBLIC IMPROVEMENTS, DEPARTMENT OF. 


ART. T. Of board of public improvements. 
Il. Of president of board of public improvements. 
Ill. Of street commissioner. > 


IV. Of sewer commissioner. 
V. Of water commissioner. 
VI. Of harbor and wharf commissioner. 
VII. Of park commissioner. 
VIIL Of regulations concerning the advertising of public improvements 
and the awarding of contracts 
IX. Of salaries and bonds of members of the board of publie improve- 
ments and their employes. 


\ 


ARTICLE I. 
OF BOARD OF PUBLIC IMPROVEMENTS.* 


Sec. 1904. Regular meetings.—The board of public improvements, 
as constituted by the charter, shall meet at least once in each week at its 
office, on such day and hour as it may determine, to consider and take under 
advisement such business as may come before it. (M. C., sec. 1791.) 


See Charter, Art. IV, sec. 33 and notes. 


*See Charter, Art. IV, secs. 33-42, and Art. VI; and annotations. 


ART. I] OF BOARD OF PUBLIC IMPROVEMENTS. O67 


See. 1905. Special meetings may be called by president, 
—The president may at any time call special meetings of the board by writ- 
ten notice delivered to or left at the office of each commissioner not less 
than twenty-four hours before the time of such meeting; such notice shall 
specify the business for the consideration or transaction of which the meet- 
ing is called. (M. C., sec. 1792.) 


Sec. 1906. When special meetings may be called by secretary. 
—Any two or more commissioners may request the president to call a spe- 
cial meeting of the board, and in the event of his refusal or neglect to do so, 
when so requested, the secretary of the board, upon a request addressed to 
him and signed by any two or more commissioners, shall call such meeting, 
provided that each member of the board shall be notified of such meeting 
in the manner specified in the last preceding section. (M. C., 1793.) 


Sec. 1907. Special meeting in case of inability of presi- 
dent. —In case of sickness, absence from the city or other inability to act 
of the president of the board, the secretary shall, as soon as the fact comes 
to his knowledge, call a special meeting of the board. (M. C., sec. 1794.) 


Sec. 1908. Same—election of president pro tem.—powers. 
At such special meeting the commissioners shall elect one of their number 
president pro tem., who, when so elected, shall have full authority to act 
for and shall perform all the duties of the president during the continu- 
ance of his sickness, absence or inability to act, except the authentication of 
special tax bills. (M. C., sec. 1795.) 


See. 1909. When subordinates to commissioners may act for 
principals.—In case of sickness,absence from the city or other inability to 
act of any one of the Commissioners composing the Board of Public Im- 
provements, the following subordinates shall have authority to act for and 
fully represent them as chiefs of their respective departments, having first 
been officially notified to that effect by the President or President pro tem. 
of the Board, but such representative shall in no case have a vote in the 
Board or receive any additional compensation for the performance of any 
duty or service, viz.: For the Street Commissioner, the Assistant Street 
Commissioner; for the Water Commissioner, the Assistant Water Commis- 
sioner; for the Sewer Commissioner, the Assistant Sewer Commissioner ; for 
the Harbor and Wharf Commissioner, the Assistant Harbor and Wharf 
Commissioner; for the Park Commissioner, the General Superintendent. 
(Ord. 22002, amending M. C., sec. 1796.) 


See Art. IV, sec. 33 of Charter: Construction Co. vs. Loevy, 64 Mo. App. 430, 
435, before the amendment of this section. (See this case in Sup. Ct., 179 Mo. 455, 
without discussion on this point.) 


See. 1910. By-laws and regulations to be adopted, re- 
corded and printed.—The board of public improvements shall make 
- such by-laws and regulations of its order of business, and, its own govern- 
ment, not inconsistent with the city charter or ordinances, as it may deem 
expedient, which shall be duly entered of record and printed in pamphlet 
form. (M. C., sec. 1797.) 


See. 1911. -Secretary—salary and bond.—tThe president of the 
board of public improvements shall, with the approval of said board, ap- 
point a secretary of said board, who shall receive a salary of twenty-five 
hundred dollars per annum, and shall file a bond in the sum of five thousand 
dollars. (M. C., sec. 1798.) 


968 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


Sec. 1912. Duties of secretary.—The secretary of the board shall 
keep in suitable books a record of the proceedings of all meetings of said 
board, and the same shall be kept fully indexed; also a record of all their 
acts and orders, and shall cause to be safely and properly kept and filed all 
petitions, documents and papers belonging to the board, or that may be re- 
ferred to it. He shall also prepare an abstract of the proceedings of the 
board, to be published in the papers doing the city printing and shall also 
have them printed in pamphlet form, from same type as in the newspapers, 
similar to the journal of the proceedings of the municipal assembly. (M. C., 
sec. 1799.) 


The Keeping of a record of its proceedings by the board is not expressly di- 
rected by the Charter, but it is necessarily implied by the importance of the 
functions exercised; such record is admissible to show the actions of the board, 
but the finding of fact by the board on a jurisdictional matter is not conclu- 
sive: Bambrick Co. vs. Geist, 37 Mo. App. 509 Ioc. cit. 515. 


Sec. 1918. General duties of board of public improvements. 
The duties of said Board shall be: 


First—To furnish, through its President, to the Mayor, the Municipal 
Assembly, or either Heanch thereof, such data and information as may be 
required, or which it may from time to time deem necessary to impart. 


Second—To prepare, consider and recommend to the Municipal As- 
sembly all ordinances required for the establishment of the opening, loca- 
tion and graduation of streets, avenues, alleys, highways and public places, 
other than parks, and the construction of crosswalks: the establishment and 
opening of boulevards, or changing of existing streets into boulevards, fixing 
the width of such boulevards, the manner of laying out and improving the 
same, the regulation of traffic thereon, or the exclusion of heavy driving 
thereon or any kind of vehicle therefrom ; the exclusion of any business house 
or the carrying on of any business vocation on any property fronting on 
such boulevard; the establishment of a building line to which all buildings, 
fences or other structures shall conform; also the grading, improving, con- 
structing, reconstructing, maintaining, cleaning and sprinkling of such 
boulevard, and the planting of trees, shrubbery and other things of that na- 
ture and description thereon, and for the improving, constructing, recon- 
struction, repairing, cleaning, sprinkling and lighting of streets, avenues, 
highways, alleys and public places; for the construction, repairing and 
cleaning of public, district and joint district sewers, and for the establish- 
ment of sewer districts and joint sewer districts and the extension of the 
sewerage system of the city into the extended limits; for the laying of water 
pipes; the extension, repairs or reconstruction of the water works; for the 
improvement, protection, repairing and cleaning of the levees, wharf and 
harbor; for the improvement and maintenance of the public parks, and for 
the erection, extension and repairs of public buildings. 


Third—To recommend to the Municipal Assembly ordinances estab- 
lishing regulations for making connections with sewers, water, gas, heating, 
refrigerating or other pipes; and the stringing or installing of electric 
wires, conductors or apparatus, and their maintenance; also, the excava- 
tions for and the laying of all water, gas, heating, refrigerating or other 
pipes and conduits for electric wires or conductors and for the erection of 
poles for electric wires or conductors in the public streets and alleys; and 
for all excavations made by private parties in public highways. : 


Fourth—To advertise and let all public works ordered by the city, and 
to prescribe all needful rules and forms to govern such lettings and to make 


ART, I.] OF BOARD OF PUBLIC IMPROVEMENTS. 969 


contracts, agreements and specifications for the same, in such manner as 
may be required by ordinance and subject to the approval of the Council. 


Fifth—To preserve and keep on exhibition in its office a general plan 
of the city as established by the Assembly, showing the location and grad- 
uation of streets and alleys as far as the same has been established by ordi- 
nance and to endorse, through its president, on all plats of new streets, 
alleys, highways or public grounds proposed to be dedicated, donated or 
granted to the public use which may be submitted to the Board that the 
‘same is in accordance with the general plan aforesaid, if the fact be so. 
(Ord. 20549, amending M. C., sec. 1800.) 


Amended to conform to Charter amendments. See Charter IV, sec. 38. 


Sec. 1914. Quorum—final action—absence—notice.—A major- 
ity of said board shall form a quorum for the transaction of business, but 
no final action shall be taken on any matter concerning the special depart- 
ment of any absent commissioner, unless this business has been made the 
special order of the day and previous written notice having been given to 
such commissioner. (M. C., sec. 1801.) 


See Charter, Art. IV, sec. 33; Construction Co. vs. Loevy, 64 Mo. App. 430, 435. 


Sec. 1915. When vote by yeas and nays required.—Upon all 
questions before the board of recommending ordinances to the municipal 
assembly, or of advertising and letting public work or of such that in any 
manner involves the expenditure of money by the city or of the approval of 
pay-rolls, the vote shall be taken by yeas and nays, which shall be duly re- 
corded by the secretary in the proceedings. (M. C., sec. 1802.) 


Sec. 1916. Members responsible for acts of employes, —EKach 
member of the board of public improvements shall be held responsible for 
the acts of all the employes of his particular department. (M. C., see. 
1803. ) 


See Chart., Art. IV, sec. 34. 


Sec. 1917. Plans of dedications—approval—what plans to 
contain, ete. All plans of subdivisions, additions, of partitions, con- 
taining dedications of streets, avenues, boulevards or alleys, shall be sub- 
mitted to the Board of Public Improvements, and after having been ex- 
amined and approved by said Board, said subdivision, addition or partition 
shall be a part of the general plan for the location and graduation of the 
streets within the city, and the Board of Public Improvements, through the 
President thereof, shall endorse thereon that the same is in accordance with 
the general plan of the city; provided, however, that in all cases where any 
lands within the city are subdivided or laid out in blocks, lots or sub-lots, 
the map or plat thereof shall bear the certificate of a responsible surveyor to 
the effect that the streets thereon represented are correctly shown and. lo- 
cated, and they shall be designated as streets, if they have been or are dedi- 
cated or opened according to law, or as proposed streets if such opening is 
incomplete. (Ord. 20549, amending M. C., sec. 1804.) 


See Charter, Art. VI, sec. 1, and notes thereto. But approval of such a plat 
filed in pursuance of a statutory provision, as being in conformity with the gen- 
eral plan of the city, is not an acceptance, of a proposed dedicated street there- 
on, by the city as a street: Downend vs. Kansas City, 156 Mo. 60, 67. 


Sec. 1918. Procedure and proceedings for proposed street or 
alley improvements—how conducted—remonstrances—prepara- 
tion of ordinance by board—repair of streets.—The Board of Public 


970 REVISED CODE OR GENERAL ORDINANCES LCHAP 24. 


Improvements, of its own motion, may, and upon the petition of any 
reputable freeholder of property on any street, avenue, boulevard, alley 
or public highway shall, designate a day on which it will hold a public 
meeting to consider the improvement of any designated streets, avenues, 
boulevards, alleys or public highways, and shall give two weeks’ public no- 
tice in the papers doing the city printing of the time, place and matter to 
be considered, stating in such notice the kind of material and manner of 
construction proposed to be used for the wearing surface of such improve- 
ment, naming in such notice more than one kind of material or manner of 
construction, if the board deems it advisable so to do, and also the class of 
specifications and plan for such work, which specification and plan shall be 
approved by said board and filed in its office. If within fifteen days after 
such public meeting the owners of a major part of the area of the land tax- 
able for such improvement shall file in the office of the board their written 
remonstrance against the proposed improvement, or against the material or 
manner thereef, the board shall consider such remonstrance and if the board 
shall by a two-thirds vote at a regular meeting approve of the improvement, 
material or manner remonstrated against, they shall cause an ordinance for 
the same to be prepared and report[ed| the same with the reasons for their 
action and with the remonstrance, to the Municipal Assembly. If such ma- 
jority fail to remonstrate within fifteen days after such public meeting, or 
shall petition the board for the improvement, the board may, by a majority 
vote, approve the same, and shall thereupon cause an ordinance to be pre- 
pared and reported to the assembly therefor. In all cases the board may 
include in such ordinance a provision that the work and material must be 
guaranteed and kept in repair by the contractor doing the work for a term 


of years to be specified in such ordinance. (Ord. 2); 949, amending M. C., 
sec. 1805.) 


A contract guarantee to maintain a street in repair for five years means that 
the work is sufficiently good to last that length of time when the street is used 
for ordinary street purposes: Asphalt Co. vs. St. Louis, 188 Mo. 576; Barbar Asp. 
Co. vs. Ulman, 137 Mo. 543; Bank vs. Woesten, 147 Mo. 478; Barber Asp. Co. vs. 
Hezel, 155 Mo. 391; St. L. Quarry Co. vs. Frost, 90 Mo. App. 687. Such provision 
{ts authorized by Art. VI, sees. 14, 15 of Charter. See notes of cases to that sec- 
tion, on this subject; also as to remonstrances, etc. 


-Sec. 1919. Ordinances advised by board, to EEN what 
—contracts for necessary work or repair. es recom- 
mended by said board shall specify the character of the work, its extent, the 
material to be used, the manner and general regulations under which it 
shall be executed, and the fund out of which it shall be paid, and shall be 
indorsed with the estimate of the cost thereof said indorsement to be signed 
by the president of the board; provided that no improvement or repairs 
shall be ordered upon any future street, alley or highway, which shall not 
have been opened, dedicated or established and grades fixed according to the 
provisions of the charter and law; [and provided, further, that nothing in 
this article shall be so construed as to prevent the board of public improve- 
ments, through the president thereof, from annually letting and entering into 
contracts from the first day of July, of every year, for the grading, con- 
str ucting, reconstructing and repairing of sidewalks and crosswalks, and 
repairing street, alley and gutter paving, and such other similar work which 
may be ordered by ordinance or may become necessary to be done during 
the year.] (M. C., sec. 1806. ) 


All ordinances for public work must originate with the B. P. I.: Charter, Art. 
VI, secs, 14,-16 and 17, and notes thereto; {(see-also Rev, C., sec. 1913), #7 The peas 
viso contained in the above section of the Rev. Code (in brackets) referring to 
letting of annual contracts, ete., is no longer in use, being without Charter au- 


thority since the amendments of 1901. In connection with this section see spe- 
cally, “See: al bwot “ATi Vile on ches Gharter: 


toy hil OF BOARD OF PUBLIC IMPROVEMENTS. 97] 


See. 1920. Ordinance to contain specific appropriation— 
estimate of cost to be indorsed — exceptions.—H very ordinance re- 
quring work to be done shall contain a specific appropriation from the 
proper revenue fund for such part thereof as may be payable by the city, 
based upon an estimate of cost to be endorsed by the president of the board 
of public improvements in said ordinance for the whole of the cost of the 
proposed work. Provided, however, that when the work contemplated by 
such ordinance is of such magnitude that the total cost thereof would ex- 
ceed the amount of money then in the city treasury and available for such 
purpose, the ordinance may provide for the whole work, and shall prescribe 
that it shall be contracted for and done in sections or parts, as the Municipal 
Assembly shall, from time to time, appropriate money to pay for the same. 
But in all such cases the work to be done in sections or parts shall be lim- 
ited to the amount appropriated for the doing of such sections or parts, and 
in this manner the work specified shall ultimately be completed. (Ord. 
20549, amending M. C., sec. 1807.) 


See Charter VI, sec. 15, and as to specific appropriation, see Charter, Art, VI, 
sec. 28 and note; Art. V, sec. 10 et seq. 


Sec. 1921. Conditions of contract for public work.—Every 
contract for public work shall contain a clause to the effect that it is sub- 
ject to the provisions of the charter, that the aggregate payments shall be 
limited by the amount of the special appropriation, and that on ten days’ 
notice the work under said contract may, without cost to or claim against 
the City of St. Louis, be suspended by the board of public improvements, 
with the approval of the mayor, for want of means or other substantial 
cause. (M. C., sec. 1808.) 


As to certain conditions to be inserted in all contracts in which the city is a 
party, see, Kh. Cy sec? 27.0. 


Ordinance 18960, approved April 7, 1897, provided that all ordinances and 
contracts for public work involving the use of dressed rock, granite or stone 
should stipulate that the work of dressing should be done in Missouri; this pro- 
vision was held void in St.- Louis Quarry Co. vs.:Von Versen, 81 Mo. App. 519, 
and was omitted from the Mun. Code 1901, and was perhaps thereby regarded as 
repealed; and is disregarded by the municipal authorities; but its validity when 
embodied in the contract seems to be recognized in the later case in the Su- 
preme Court of Allen vs. Labsap, 188 Mo. 692, 698. And so in St. Louis Quarry 
Co. vs. Frost, 90 Mo. App. 677, 689, it is held that a tax bill is not avoided by 
insertion of the requirements of that ordinance unless it is shown to have re- 
sulted in restricting the bidding so as to increase the price. See note to Char- 
ter, Art: VI, secss:27 and 28; 


Sec. 1922. Complaints against defective character of work 
being done—duty of board in such case.—<Any citizen and tax- 
payer of the City of St. Louis may make complaint to the board of public 
improvements that any public work is being done contrary to contract, or 
that the work or material used is imperfect or different from what was stip- 
ulated to be furnished or done; and said board shall entertain and examine 
into such complaint, and may appoint two or more members of said board 
to examine and report on said work, and after such examination or after 
considering report of the commissioners so appointed, the board shall make 
such order in the premises as shall be just and reasonable and in accord- 
anee with what the public interest seems to demand, and such decision of the 
board shall be binding on all parties. (Ord. 20549, amending M. C., sec. 
1809. ) 


Secs. 1922-1932 according to Charter, Art. VI, sec. 28 (last clause). See same 
and reference in note thereto. 


972 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


Sec. 1923. Same—cost of examination.—The entire cost of mak- 
ing the examination, including the taking of testimony, when necessary, ex- 
amining the work, testing the material and of replacing work disturbed in 
the examination shall be borne by the contractor if the complaint is decided 
to be well founded, or by the complainant if found to be groundless. (M. C., 
sec. 1810.) 


See. 1924. Same—contents of complaint.—Such complaint shall 
be made in writing to the president of the board, shall give the full name, 
residence and business address of the complainant, and shall specify the 
work complained of and general nature of the complaint and of the eyvi- 
dence to be offered. (M.C., sec. 1811.) 


Sec. 1925. Same—estimate of cost of consideration—deposit 
required.—Upon the receipt of any complaint the board of public improve- 
ments shall make an estimate of the cost which would arise from considera- 
tion of the complaint, including that of replacing work injured by the ex- 
amination and the taking of testimony when necessary, and the complain- 
ant shall be required to deposit with the city treasurer the sum so estimated, 
which sum shall be a special fund, out of which shall be paid, upon the cer- 
tificate of the president of the board, the cost incurred by consideration of 
the complaint and of replacing the work if the complaint shall be found 
groundless. Any residue of the special fund shall be returned to the com- 
plainant, or the whole sum if the complaint is well founded. If the com- 
plainant fails to make the required deposit within five days after notice of 
the amount required the complaint may be dismissed by the board. (M. C., 
sec. 1812.) 


Sec. 1926. Time for consideration of complaint to be fixed 
—testimony—when commissioners to examine work. 
the deposit shall have been made the board at its next meeting shall con- 
sider, whether the complaint may be determined upon oral ow documentary 
testimony only, in which case the board shall fix the day and hour for re- 
ceiving such testimony and consideration of the complaint; but if the nature 
of the complaint is such as to require examination of work done or material 
furnished, the board shall appoint two or more of its members as commis- 
sioners to make examinations and tests and report the facts found to the 
board. When such commissioners make a report the board shall fix a day 
and hour for the consideration of the complaint. (M. C., sec. 1813.) 


Sec. 1927. Service of notice of hearing.—Notice of the day 
and hour fixed for consideration of a complaint shall be served by mailing 
a notice and copy of complaint to the address given by the complainant and 
to the business or residence address of the contractor whose work is com- 
plained of, or by delivery in person. (M. C., sec. 1814.) 


Sec. 1928. Contents of notice of hearing.—Said notice shall 
state the day, hour and place of hearing the complaint, and be signed by the 
secretary of the board, and the copy of pea shall be attested by the 
secretary. (M. C., sec. 1815.) 


Sec. 1929. Process for witnesses—deposit required. 
president of the board shall have full power and authority to issue all needful 
process for the attendance of witnesses and the production of papers, and 
subpoenas may be issued and served in like manner as provided in section 
1700, provided that the party applying therefor shall deposit with the city 


ART. II.] Ol PRESIDENT OF BOARD OF PUBLIC IMPROVEMENTS.- 973 


treasurer an amount equal to two dollars for each witness as a special fund 
to pay cost of service and attendance of witness. (M. C., sec. 1816.) 


Sec. 1930. The hearing—testimony to be given under oath. 
—The board shall proceed with the hearing of the complaint on the day 
fixed as above provided. The complainant and contractor shall be entitled 
to be heard by himself or by counsel. All testimony of witnesses shall 
be given under oath, and the president or president pro tem. of the board is 
hereby authorized to administer such oath. (M. C., sec. 1817.) 


Sec. 1931. The decision and vote on.—After full hearing the 
board shall render its decision as soon thereafter as practicable, which de- 
cision shall be concurred in by 4 majority of the members thereof present 
at the hearing. Said decision, with the names of the members voting for or 
against, shall be set out in the records of the board. (M. C., sec. 1818.) 


Sec. 1932. Mayor to be given copy of record of decision. 
—Immediately upon the rendition of such final decision the president shall 
furnish the mayor with a copy of the records of the board relating to the 
complaint and of the final decision. (M. C., sec. 1819.) 


Sec. 1933. Vaults and sign-posts—permission to erect may 
be given.—The board of public improvements may, when requested, grant 
permits for the construction of vaults under sidewalks, and for the erection 
of sign-posts, and lanterns, subject to such regulations and conditions for 
the same, as may be established by ordinance. (M. C., sec. 1820.) 


See. 1934. Weighing scales—conditions of construction —It 
shall not be lawful for any person or persons to construct scales for the 
weighing of hay, coal or other articles upon any public street or highway, 
unless permission be granted by an ordinance passed by the Municipal As- 
sembly, and to be erected under the control and to the satisfaction of the 
board of public improvements. (M. C., sec. 1821.) 


ARTICLE II. 


OF PRESIDENT OF BOARD OF PUBLIC IMPROVEMENTS.* 


Sec. 1935. General duties.—The president of the board of public 
improvements shall preside at all meetings of the board, and shall see that 
a correct record is kept of its proceedings. He shall have charge of the 
erection, alteration and repairs of public buildings, of all public work for 
the abatement of nuisances, which may be ordered by the board of health, 
and of all other improvements not especially assigned to other members of 
the board of public improvements, except as otherwise provided by ordi- 
nance. (M. C., sec. 1822. 


Sec. 1936. Supervision over other departments.—He shall have 
a general supervision over the departments of the other members of the 
board, and shall inform the mayor and Municipal Assembly of any derelic- 
tion of duty of any commissioner. (M. C., sec. 1825.) 


See. 1937. Shall make out special tax bills, ete.—He shall 
make out all special tax bills against property owners chargeable with 


*See Charter, IV, sec. 41, and annotations. 


974 REVISED CODE OR GENERAL ORDINANCES, [CHAP. 24. 


special taxes for work performed or materials furnished under ordinances 
of the city, which special tax bills shall be registered by him in his office 
in full, and certified and delivered to the comptroller and said comptroller’s 
receipt taken therefor. (M. C., sec. 1824.) 


See as to special tax bills, Charter, Art. VI, secs. 24-26 and Art. IV; sec 415 
and annotations thereto. 


Sec. 1938. Shall pass on pay-rolls.—All pay-rolls and all ae- 
counts for work done or materials furnished under the direction of any 
member of the board of public improvements shall be submitted to the 
preside nt of the board, who shall examine them, and if found correct, shall 
certify them to the auditor. (M. C., see. 1825.) 


Sec. 1939. May appoint assistant, assessor and deputy of 
special taxes.—The president of the board of public improvements may 
appoint, with the approval of the mayor, an assistant, an assessor and a 
deputy assessor of special taxes. (M. C., sec. 1826.) 


See. 1940. Duties of assist assistant shall, under the 
direction of the president, have supervision over all the office business of 
the president’s department. He shall examine and certify to the president 
for his approval all vouchers and pay-rolls of the members of the board of 
public improvements and shall keep a record thereof. He shall examine and 
report to the president for his approval all contracts, let by the board of 
public LSet and shall keep a detailed account of all expenditures 
thereunder. (M. C., sec. 1827.) 


Sec. 1941. Salaries and bonds.—The assistant shall receive a 
salary of twenty-five hundred dollars per annum, and shall file a bond of 
five thousand dollars; the assessor of special taxes shall receive a salary of 
twenty-five hundred dollars per annum, and shall file a bond of five thousand 
dollars; the deputy assessor of special taxes shall receive a salary of eighteen 
hundred dollars per annum, and shall file a bond of three thousand dollars. 
(M. C., see. 1828.) 


Sec. 1942. Additional employes—salaries.—The president of the 
board of public improvements is hereby authorized to appoint, with the ap- 
proval of the mayor, one civil engineer, at a salary of one hundred and sey- 
enty-five dollars per month; one issue clerk, to be in charge of the issue of 
permits and such other duties as the president may assign at a salary of one 
hundred and fifty dollars per month; one surveyor at a salary of one hun- 
dred dollars per month; one stenographer, at a salary of seventy-five dollars 
per month; one clerk, who shall also act as messenger, at a salary of sixty 
dollars per month... He may, with the approval of the mayor, further ap- 
point such other clerks and draughtsmen, or other help, as may become nec- 
essary. The remuneration for ict services shall be established by ordinance. 
In addition to the force already authorized by ordinance to carry out the 
scheme of sprinkling the city he may appoint, with the approval of the 
mayor, one clerk at twelve hundred dollars per annum; and two clerks at 
nine hundred dollars each per annum, to perform such other duties in the 
above matter as he shall designate. (M. C., sec. 1829.) 


Ord. 21127, approved April 8, 1903, authorized the employment of draughts- 
men in the special tax department for a period of two vears after its approval, 
which expired; see next section for new provision. 


As to salaries and employes, in addition to those authorized in this article, 
see those provided for in Art. IX of this chapter, in sec. 1995 (salary of the 
President), and:in secs. 2003, 2004 (further employes and their salaries). 


ART. IIT. ] OF STREET COMMISSIONER. 975 


Sec. 1948. Draughtsmen for special tax department—tenure. 
—The president of the board of public improvements, with the approval of 
the mayor, is hereby authorized and empowered to employ three draughts- 
men for duty under the assessor of special taxes, who shall hold office during 
the pleasure of the president of the board of public improvements, and who 
shall be paid at the rate of one hundred dollars per month. - (Ord. 20554. ) 


Sec. 1944. Privileges, as to deeds, ete.—For the purpose of 
noting the changes of ownership of real estate in the city, upon the plats in 
the office of the president of the board of public improvements, the same 
privileges in regard to all deeds and instruments in writing, filed in the 
office of the recorder of deeds of the city, as are granted to the president of 
the board of assessors by section twenty-one of article five of the charter, 
are hereby granted to the president of the board of public improvements. 
(M. C., sec. 1830.) 


ARTICLE ITI. 


OF STREET COMMISSIONER, 
9 

Sec. 1945. General duties enumerated.—The street commissioner 
shall be the head of the street department, and shall have under his charge 
the surveying, construction, reconstruction, repairing, cleaning and sprink- 
ling of the public streets, alleys and places, excepting parks, and also the 
supervision and control of ail excavations, and refilling of same, made for 
the laying of gas and water pipes, sewers or. any other purpose whatever, 
and until the office of gas commissioner is established, also the lighting and 
cleaning of the public lamps. His duties shall be: 


First: To cause to be made all surveys and levelments and to prepare 
all plans and profiles necessary to the establishment of the location and 
graduation of streets, alleys and public highways. 


Second. Whenever the Municipal Assembly shall provide by ordinance 
for establishing, opening, widening or altering any street, avenue, alley. 
wharf, market place or public square, or route for a sewer or water pipe, or 
to condemn private property for other or different public uses than those 
aleady specified in this section, and it is necessary to take private property 
for the same, the street commissioner shall furnish the city counselor with 
all necessary plats, showing the property affected by the proposed improve- 
ments, and the metes and bounds and the names of the owners thereof. 


Third. To cause to be prepared plans, estimates and specifications for 
the construction, reconstruction and repairs of streets, alleys, and public 
highways, and of all bridges, culverts and appurtenances thereto; and to 
superintend the execution of all contracts and other work in his department, 
as may be provided for by ordinance. 


Fourth. To preserve in his office all maps, plans and surveys belonging 
to his department, with all records, books, papers and other things relating 
thereto. 


Fifth. To keep full, accurate and systematic accounts of all expendi- 
tures made under his supervision, properly “ledgerized” under appropriate 
heads; also, a systematic record of all transactions relative to his depart- 
ment, with full and complete index to all records. 

Sixth. To cause to be carried into effect all ordinances of the city con- 


cerning street railroads, streets, alleys, public highways and public places 
other than parks, properly falling within the scope of his department. 


976 REVISED CODE OR GENERAL ORDINANCES. (CHAP, 24, 


Seventh. To clear, and keep in good condition, in Such manner as may 
be prescribed by ordinance, the carriage way of all paved and macadamized 
streets, including gutters; also, all paved and macadamized aileys and 
crosswalks, the sidewalks around the public parks and such other sidewalks, 
the cleaning and keeping in good condition of which may be found impossi- 
ble or impracticable to enforce upon the occupants of the adjoining property. 


highth. To number all blocks within the city and to supervise and 
enforce the numbering of all houses fronting on the public street, in accord- 
ance with such system for the same as may be established by ordinance. 


Ninth. To do all other lawful acts relating to matters placed particu- 
larly under his charge which may be necessary for the efficient working of 
his department. 


Tenth. To give the grade and lines of streets, alleys and public high- 
ways and public places, other than parks, to all persons applying therefor, 
and being directly interested therein, free of cost; provided, that no such 
gerade or lines shall be given when the same has not been legally dedicated, 
opened and established by ordinance. (M. C., sec. 1831.) é 

Charter, Art. IV., sec. 35. For duties relating to highways see Chapter 
12 of Rev. Code. The disposal of garbage was formerly under the supervision of 
the Health Department, but soon after the decision in State vs. Butler, 178 Mo. 


272, was by ordinance conferred upon the street department: see R. C., secs. 1199 
af seg.” VC CNY. Ua, BATT sos) tae 


As to duty concerning the work of sweeping and cleaning streets see R. C.. 
sec. 940. 


See as to authority of street commissioner: Steffen vs. St. Louis, 135 Mo. 44, 
49 et seq. 


Sec. 1946. Employes of department—appointment, salaries, 
bonds and general duties.—The street commissioner may, with the ap- 
proval of the mayor, appoint the following subordinates in the street de- 
partment, who shall hold their respective offices during the pleasure of the 
street commissioner and who shall perform the duties hereinafter specified, 
and such other duties as pertain to their respective positions, and such as 
may be required of them by the street commissioner, and they shall each 
receive the following salaries and give the following bonds, to wit: One 
secretary, who shall receive a salary of one hundred and fifty dollars per 
month and shall give a good and sufficient bond, to be approved by the 
mayor and council, in the sum of five thousand dollars; one principal book- 
keeper, who shall receive a salary of one hundred and fifty dollars per 
month, and shall give a good and sufficient bond, to be approved by the 
mayor and council in the sum of twenty-five hundred dollars; one principal 
clerk, who shall receive a salary of one hundred and twenty-five dollars per 
month; two stenographers, who shall each receive a salary of seventy-five 
dollars per month; one principal draughtsman, who shall receive a salary 
of one hundred and fifty dollars per month; two draughtsmen of the first 
class, who shall each receive a salary of one hundred dollars per month; 
two draughtsmen, who shall each receive a salary of seventy-five dollars per 
month; one messenger, who shall receive a salary of twenty-five dollars per 
month; one engineer of surveys, who shall receive a salary of one hundred 
and fifty dollars per month, and shall give a good and sufficient bond, to be 
approved by the mayor and council, in the sum of five thousand dollars; 
two surveyors, who shall each receive a salary of one hundred dollars per 
month; one first-class draughtsman on grades and surveys, who shall re- 
ceive a salary of one hundred dollars per month; one first deputy street 
commissioner, who shall be a competent bridge engineer, and under the di- 
rection and control of the street commissioner, shall have charge, control 


wt. SAL. | OF STREET COMMISSIONER. 977 


and supervision of the erection, construction and maintenance of all street 
bridges and culverts in the City of St. Louis, and who shall have been a 
resident of the City of St. Louis for at least two years prior to his appoint- 
ment, and shall possess all the qualifications prescribed by the charter of the 
city for appointed officers, and who shall receive a salary of two hundred 
and eight dollars and thirty-three cents per month, and shall give a good 
and sufficient bond, to be approved by the mayor and council, in the sum 
of ten thousand dollars; one district engineer of bridge department, who 
shall receive a salary of one hundred and twenty-five dollars per month, and 
shall give a good and sufficient bond, to be approved by the mayor and coun- 
cil, in the sum of twenty-five hundred dollars; one first-class draughtsman, 
of the bridge department, who shall receive a salary of one hundred dollars 
per month; six rodmen, who shall each receive a salary of sixty dollars per 
month; three field hands, who shall each receive a salary of fifty dollars 
per month; one general superintendent of street construction, who shall be 
a competent civil engineer, and shall receive a salary of two hundred dollars 
per month, and shall give a good and sufficient bond, to be approved by the 
mayor and council, in the sum of five thousand dollars; one superintendent 
of maps and indexes, who shall receive a salary of one hundred and twenty- 
five dollars per month; one assistant commissioner, who shall receive a sal- 
ary of two hundred and eight dollars and thirty-three cents per month, and 
shall give a good and sufficient bond, to be approved by the mayor and coun- 
cil, in the sum of five thousand dollars, and in case of the absence, sickness 
or inability to act of the street commissioner he shall have all the powers 
and discharge all of the duties of the street commissioner, and he shall at his 
own cost and expense furnish his own horse and buggy, but the maintenance 
thereof, not to exceed the sum of twenty dollars per month, shall be paid 
by the city; one office superintendent, who shall receive a salary of two 
hundred and eight dollars and thirty-three cents per month, and shall give 
a good and sufficient bond, to be approved by the mayor and the council, 
in the sum of five thousand dollars; one district engineer, who shall receive 
a salary of one hundred and twenty-five dollars per month, and shall give 
a good and sufficient bond, to be approved by the mayor and the council, 
in the sum of twenty-five hundred dollars; one clerk of excavation depart- 
ment, who shall receive a salary of one hundred dollars per month; one 
engineer of construction and reconstruction, who shall have charge and 
supervision of the construction and reconstruction of the streets, alleys and 
public places of the city, subject to the power and supervision of the gen- 
eral superintendent of street construction, and who shall receive a salary 
of one hundred and fifty dollars per month, and shall give a good and suf- 
ficient bond, to be approved by the mayor and council, in the sum of twenty- 
five hundred dollars; four district superintendents, one for each of the four 
districts hereinafter created, who shall be at all times subject to the control 
and supervision of the street commissioner and in their respective districts 
shall supervise and have charge of the repairs, cleaning and sprinkling of 
the streets, alleys and public places of their respective districts, and of the 
sprinkling inspectors assigned to duty in their respective districts, and 
shall each receive a salary of one hundred and sixty-six dollars and sixty-six 
cents per month, and shall give a good and sufficient bond, to be approved 
by the mayor and the council, in the sum of five thousand dollars each, and 
shad] each furnish his own buggy and horse, but the subsistence and main- 
tenance thereof, not to exceed the sum of twenty dollars per month each, 
shall be paid by the city; one assistant superintendent for each of the said 
four district superintendents, who shall receive a salary of one hundred 
dollars per month, and who shall furnish his own buggy and horse, but the 
subsistence and maintenance thereof, not to exceed the sum of twenty dol- 
lars per month, shall be paid by the city; one clerk to each of the district 


978 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


superintendents, who shall receive each a salary of seventy-five dollars per 
month; forty inspectors, ten of whom shall be assigned to each of the four 
districts hereinafter created, who shall each receive a salary of seventy-five 
dollars per month, and shall in addition to all other duties herein provided 
and such as may be required by the street commissioner, shall perform such 
duties as may be required by the district superintendents. 


The offices of engineer of construction, general superintendent of re- 
pairs and cleaning streets, superintendent of excavations and superintendent 
of cleaning reconstructed streets, are hereby abolished, and the terms of the 
persons now holding said offices shall cease and determine upon the taking 
effect of this ordinance. (M. C., sec. 1832.) 


For other positions and salaries see infra, following sections, and reference 
in notes; and for employes in street sprinkling department, sec. 1076. Commis- 
sioner’s salary, see sec. 1996. 


See. 1947. City divided into four street districts.—For the 
purpose of enabling the street commissioner to carry into effect the pro- 
visions of section 1946, the City of St. Louis is hereby divided into four 
districts, to be bounded as follows: 


First District—Bounded on the south by the southern city limits; on 
the east by the Mississippi river; on the north by Soulard street, and its 
prolongation to the river, to Bro adway ; thence along Broadway to Allen 
avenue; thence along Allen avenue to Second Carondelet avenue; thence 
along Second Carondelet avenue to Gravois avenue; thence along Gravois 
avenue to Shenandoah street; thence along Shenandoah street to Grand 
avenue; thence along Grand avenue to Arsenal street; and thence along 
Arsenal street to western city limits. 


Second District—Bounded on the south by the northern boundaries of 
district number one, aforesaid, on the east by the Mississippi river, on the 
north by Pine street from the river to Compton avenue, thence along Comp- | 
ton avenue to Chouteau avenue, thence along Chouteau avenue to the New 
Manchester road, thence along New Manchester road to King’s highway, 
thence along Berthold avenue to western city limits. 


Third District—Bounded on the south by the northern boundaries of 
district number two, aforesaid, on the east by the Mississippi river, on the 
north by St. Louis avenue, from the river to Twenty-third street; thence 
along Twenty-third street to Hebert street, thence along Hebert street to 
Grand avenue, thence along Grand avenue to Easton ay enue, thence along 
Kaston avenue to King’s highway, thence along King’s highway to Ridge 
avenue, thence along Ridge avenue to western city limits. 


Fourth District—Bounded on the south by the northern boundaries of 
district number three, aforesaid, on the east by the Mississippi river, and 
on the north and west by the city limits. (M. Gh sec. 1833.) 


See. 1948. Additional employes of street department— 
salaries. —In addition to the officers hereinbefore specified, the street com- 
missioner shall, with the approval of the mayor, appoint such additional 
surveyors, draughtsmen, rodmen, field hands, and inspectors, overseers, 
clerks, mechanics, teams, carts and day laborers as may be required for the 
efficient working of his department, whose salaries and hire, excepting day 
laborers, teams and carts, shall be as follows: Surveyors, one hundred 
dollars per month; draughtsmen, seventy-five dollars per month; rodmen, 
sixty dollars per month; field hands, fifty dollars per month; inspectors, 
seventy-five dollars per month; overseers of street repairs and street cleaning, 
seventy-five dollars per month; clerk, seventy-five dollars per month. 


ACLs LE.) OF STREET COMMISSIONER. 979 


No teams, wagons or carts, belonging in whole or in part to the street 
commissioner, or to any officer in any of the departments, shall be used, 
directly or indirectly, for any work done or performed for or by the city. 
(M. C., sec. 1834.) 


For additional employes connected with the garbage division of the street 
department see Rev. C., sec. 1205-1207. And for employes in the city forester’s 
division see R. C., sec. 1252, 1253: and employes in street sprinkling division., 
EK. G. sea. 1076. 


See. 1949" Further subordinates and positions in street de- 
partment—tenure—duties—various superintendents, etce.—There 
are hereby created the following named subordinate offices in the street de- 
partment, to each of which the street Commissioner may, with the approval 
of the mayor, appoint the following subordinates, who shall hold their re- 
spective offices during the pleasure of the street commissioner, and who 
shall perform the duties hereinafter specified and such other duties as per- 
tain to their respective positions and such as may be required of them by 
the street commissioner, to-wit: One superintendent of street construction 
and reconstruction; four assistant superintendents of street construction 
and reconstruction; one superintendent of block patrol system of street 
cleaning; one superintendent of street sweeping; one superintendent of ex- 
cavations; and one permit clerk in excavation division. 


The superintendent of street construction and reconstruction shall have 
supervision over the work of constructing and. reconstructing streets and 
alleys; the four assistant superintendents of street construction and recon- 
struction shall assist in supervising the work of constructing and recon- 
structing streets and alleys; the superintendent of block patrol system of 
street cleaning shall have charge of the work of cleaning the paved streets 
by manual labor; the superintendent of street sweeping shall have charge 
of the work of cleaning the paved streets by machines; the superintendent 
of excavations shall have charge of all excavations, and the refilling of same 
made in all public streets and alleys of the city; the permit clerk in excava- 
tion division shall issue excavation permits under the direction of the su- 
perintendent of excavations. (Ord. 21498, sec. 1, amending ord. 20101, and 
repealing 20871.) 


See. 1950. Same—salaries.—The superintendent of street con- 
struction and reconstruction shall receive a salary of one hundred and 
twenty-five dollars per month; the four assistant superintendents of street 
construction and reconstruction shall each receive a salary of one hundred 
dollars per month; the superintendent of block patrol system of street clean- 
ing shall receive a salary of one hundred and fifty dollars per month; the 
superintendent of street sweeping shall receive a salary of one hundred and 
fifty dollars per month; the superintendent of excavations shall receive a 
salary of one hundred and fifty dollars per month; and the permit clerk in 
excavation division shall receive a salary of ninety dollars per month. (/b., 
sec. 2.) 


See. 1951. Same—bond of superintendents.—The superintend- 
ent of block patrol system of street cleaning, superintendent of street sweep- 
ing and the superintendent of excavations shall each file a bond in the sum 
of twenty-five hundred dollars, to be approved by the mayor and council. 
(1b., sec. 2.) 


See. 1952. Same—horse and buggy—cost how  paid.— 
The superintendent of block patrol system of street cleaning, the superin- 


980 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


tendent of street sweeping and the superintendent of excavations, shall fur- 
nish their own horse and buggy at their own cost and expense, but the cost 
of subsistence and maintenance thereof shall be paid out of the city treas- 
ury, provided, that the same do not exceed the amount of twenty dollars per 
month each. (JD.) 


See. 1953. Conveyance—what to be furnished by commis- 
sioner, ete.—The street commissioner, street superintendents, one assist- 
ant superintendent, and the street inspectors, employed as sidewalk inspect- 
ors (special tax repairs), not to exceed three, and the street inspectors em- 
ployed, as special inspectors, not to exceed three, shall furnish their own 
conveyance at their own cost and expense when such conveyance is neces- 
sary, but the cost of subsistence and maintenance thereof shall be paid out 
of the city treasury; provided, that the same do not exceed the amount of 
twenty dollars per month each. (M. C., sec. 1835.) 


See. 1954. Offices may be rented.—The street commissioner may 
rent suitable offices for each of the street superintendents within their re- 
spective districts, the monthly rental of the same not to exceed twenty-five 
dollars. (M.C., sec. 1836.) 


ARTICLE IV. 
OF SEWER COMMISSIONER.* 


See. 1955. Qualifications and duties.—The sewer commissioner 
shall be the head of the sewer department, shall be a civil engineer, and his 
duties shall be: 


Virst—To take cognizance of all matters pertaining to the drainage of 
the city. 


Second—To prepare all surveys, plans, specifications and estimates for 
all sewers to be constructed, and for the extension of the sewerage system 
of the city, as may be provided by ordinance. 


Third—To superintend the construction of all public, district and joint 
district sewers, and to see that the provisions and regulations in regard to 
private sewers and house connections are strictly observed and enforced. 


Fourth—To direct the cleaning of all public, district and joint district 
sewers with their inlets, manholes and other appurtenances. 


Fifth—To keep a full, accurate and systematie account of all the ex- 
penditures of this-department properly “ledgerized” under appropriate heads, 
and a systematic record of all transactions relating to his department with 
full and complete index to all records. 


Sixth—To grant permits to make connections with all sewers under 
such restrictions and regulations as the Municipal Assembly may, on the 
recommendation of the board of public improvements, establish. 


Seventh—To exhibit plans and surveys and furnish information upon 
publie sewerage matters free of cost to all parties having a legitimate right 
to, and need of, such information, as may apply for it. (Ord. 20668, amend» 
ing M. C., sec. 1837.) 


at 


*Charter provisions relating to sewer commissioner: Art. IV, section 36; also 
IV, secs. 2, 3, 34, 47. As to ordinance provisions concerning sewers see R. C., 
Chap. 34, being secs. 2302 and following. 


* wr 


BRT Vs) OF WATER COMMISSIONER. 98] 


Sec. 1956. Assistant and other employes.—The sewer commis- 
sioner, with the approval of the mayor, may appoint a suitable person, who 
shall be a civil engineer, as assistant, and may, with the approval of the 
president of the board of public improvements, appoint civil engineers, a 
secretary, draftsmen, clerks, a stenographer, a superintendent and overseers 
of sewer cleaning, inspectors, rodmen, field hands, sewer cleaners and la- 
borers, as may, from time to time, be found necessary for the efficient work- 
ing of the department, whose number, salaries and bonds, excepting day 
jaborers, shall be fixed by ordinance. (Ord. 21424, amending ord. 20668. ) 


As to salaries of employes in sewer department see R. C., secs. 2011, 2001. 
Sewer commissioner’s salary, sec. 1997. 


The above ordinance was again amended (after the enactment of the Revised 
Code) by ord. 23131, approved July 15; 1907. 


ARTICLE V. 
OF WATER COMMISSIONER.* 


See. 1957. Waterworks—work for to be let as other 
public work—subject to approval of coune The doing of all 
work and the furnishing of all material and supplies for the waterworks 
shall be let out by the commissioner in the same manner as other public 
work, except in cases where it is not practical to do such work or furnish 
such material by contract; and all contracts shall be submitted to the coun- 
cil for approval. (M. C., sec. 1839.) 


Same as Charter: Art. VII, sec. 3. A provision in a contract for water works 
improvements that “to prevent all disputes and litigation, the city’s commissioner 
shall determine the amount of the several kinds of work, which are to be paid 
for under the contract and that he shall decide all questions that may arise 
relative to the execution of the contract on the part of the contractor, and that 
his estimates shall be final and conclusive” is valid and the court will not set 
aside the estimate in the absence of fraud, partiality or misapprehension: Mc- 
Cormick vs. St. Louis, 166 Mo. 315. 


Sec. 1958. Water commissioner, qualifications—duties.—The 
water commissioner shall be the head of the water department, shall be a 
duly qualified engineer, and shall have under his special charge the pump- 
ing machinery, conduits, reservoirs, water pipes, and the operation of the 
same, the placing, repairing and maintenance of: meters, valves, fire plugs 
and all other appurtenances of the water distribution. He shall design and 
superintend the enlargement and extension of the waterworks, and shall 
superintend and direct the laying of water pipe, making shut- offs and tap- 
ping of mains. He shall enforce the performance of all ‘existing and future 
contracts, and, further, shall exercise a general supervision over the entire 
water supply of the city except the assessment of water rates and the col- 
lection of the revenue of the waterworks. (M. C., sec. 1840.) 


See Charter provisions followed by this ord‘nance: Art IV, sec. 37; and also 
PAPC VoL SGCyeL. 


See. 1959. Chief mechanical engineer—appointment—duties. 
—The water commissioner shall, with the approval of the mayor, appoint 
a suitable person as chief mechanical engineer, who shall be well skilled in 
machinery and in the running and management of pumping engines. Such 


*Charter provisions, Art. IV, sec. 37; also IV, secs. 2, 3, 34, 42, 47; see especially 
Art. Vil, secs. 1 to 6; and notes: 


As to other employes and salaries besides those mentioned in this article see 
secs. 2001, 2005 to 2010, and for comr’s. salary sec. 1997. 


982 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24, 
chief mechanical engineer shall have immediate charge of the engines and 
machinery, and of all matters pertaining to the pumping department. (M. 
C., sec. 1841.) 


+ 


Sec. 1960. Assistant—other necessary employes to be appoint- 
ed.—The water commissioner may also appoint, with the approval of the 
mayor, a suitable person to be assistant water commissioner, and may fur- 
ther appoint, with the approval of the president of the board of public im- 
provements, such civil and mechanical engineers, superintendents, machin- 
ists, tappers, inspectors, gate-keepers, oil men, firemen, coal-passers, field 
hands, clerks, draftsmen, laborers and mechanics, as may from time to time 
become necessary for the efficient working of this department, whose num- 
ber and compensation, except for day laborers, shall be established by ordi- 
nance. (Ord. 22003, amending M. C., sec. 1842.) 

Besides employes mentioned in this article see further employes and salaries 
in R. C., secs. 2001, 2005 to 2010. As to right to provide for additional employes 
see Charter, Art. IV, sec. 42. 


See. 1961. Certain employes for waterworks electric plant and 
railway—compensation.—The water commissioner is hereby author- 
ized to employ, subject to the approval of the president of the board of pub- 
lic improvements, for the operation of the Water Works Electric Plant and 
Railway, one electrician, who shall receive compensation at the rate of one 
hundred dollars per month; three dynamo tenders, who shall each receive 
compensation at the rate of sixty dollars per month; three motormen, who 
shall each receive compensation at the rate of sixty dollars per month; three 
conductors, who shall each receive compensation at the rate of sixty dollars 
per month, and such mechanics and engineers aS may be necessary, at not 
exceeding four dollars per day for each day of actual work. (Ord. 20483.) 


Sec. 1962. Locomotive for waterworks.—tThe board of public 
improvements is hereby authorized and directed to procure one steam loco- 
motive for the use of the water works. The cost of the same shall be paid 
by the City of St. Louis. (Ord. 21447.) 


See. 1963. Conveyance—provisions for.—The water commissioner 
shall furnish his own conveyance, to consist of a horse and buggy, and shall 
receive therefor compensation at the rate of twenty doliars per month. (M. 
C., sec. 1843.) 


ARTICLE VI. 


OF HARBOR AND WHARF COMMISSIONER.* 


Sec. 1964. His powers and duties.—The harbor and wharf com- 
missioner shall be the head of the harbor and wharf department, and shall 
be specially charged with the execution of all ordinances of the city which 
relate to dykes, wharf and levee, steamboats and all other vessels, and 
rafts, and scavenger dumps; his duties shall be: 


First—To cause to be made all surveys and levelments. and to prepare 
all plans, profiles and specifications necessary to the establishment, con- 
struction, reconstruction and repairs of the wharf. dykes and scavenger 
dumps, and to superintend the execution of all contracts and other public 
work in his department. 


*Charter provisions see: Chart., Art. IV, secs.-2, 3, 34, 38, 47; Art. IX, secs. 1 
to 10. For ordinances concerning Harbor and Wharf Department see R. C,, 
Chap. X, sections 345 to 436. 


ART. VI.] OF HARBOR AND WHARF COMMISSIONER. 983 


Second—To furnish the city counselor correct plans of all lands to be 
condemned for wharf purposes, in accordance with ordinances of the city. 


Third—To preserve in his office, all maps, plans and surveys belong- 
ing to his department, with all records, books, papers and other things re- 
lating thereto. 


Fourth—To carefully examine and, if found correct, certify all bills 
and claims against the city, pertaining to his department, and to keep a full, 
accurate and systematic account of all expenditures made under his super- 
vision, properly “ledgerized” under appropriate heads. This clause is not 
to be so construed as to authorize the employment of a bookkeeper. 


Fifth—To make out upon blanks furnished by the comptroller, and de- 
liver to the city collector for collection, all bills for wharfage dues, levee 
rates, and all other dues whatever to his department, as may be established 
by ordinance, immediately on the liability thereof accruing, taking dupli- 
cate receipts therefor, one of which he shall retain in his office, and the 
other he shall deliver at least monthly to the auditor for charge against the 
collector; also to furnish to the collector such information as will enable 
the said collector to collect said bills. 


Sixth—To direct the landing and stationing of all boats, vessels or 
rafts arriving at any point within the limits of the city, and to direct the 
discharge and removal of their cargoes; to superintend the disposition of 
freight, merchandise and materials for repairs on the river bank; to keep 
the wharf and river along the shore free from nuisances, wrecks and other 
improper obstructions; to provide and keep in repair ring bolts, dead men, 
posts and other facilities for fastening vessels or rafts and generally to ex- 
ercise complete supervision and control over the wharf, river bank, landing 
and Front street. 


Seventh—To see that the scavenger dumps established by ordinance are 
kept in good, clean and safe condition, and to direct and regulate the dump- 
ing of offal, manure or other matter therefrom. (M. C., sec. 1844.) 


See as to duties of commissioner, Charter, Art. IX (especially sec. 6 thereof); 
Art. IV, sec. 38. Ordinances Rev. Code, Chapter X, secs. 345-436. 


See. 1965. Deputies and employes—bonds—salaries and 
wages. —The harbor and wharf commissioner may, with the approval of 
the mayor, appoint three deputies, who shall each receive a salary of one 
thousand dollars per annum, payable monthly, and who shall file a bond of 
two thousand five hundred dollars, to be approved by the mayor and council, 
and he may further, with the approval of the mayor and president of the 
board of public improvements, from time to time, when necessary, appoint 
three overseers of paving on the wharf, at a salary of two dollars and twenty- 
five cents per day each, and two field hands to assist the engineer in making 
surveys, at a salary of two dollars per day each. (Ord. 22166, sec. 1845.) 


For other employes and their salaries of Harbor and Wharf Dept. see R. C., 
secs. 2012 to 2014, also sec. 411; as to comr’s. salary and bond, sec. 1999. 


Sec. 1966. Deputies to be sworn in as special police.—The 
deputies appointed under this article shall, at the request of the harbor and 
wharf commissioner, be sworn in as special policemen by the board of po- 
lice commissioners, and shall be vested with all powers and privileges now 
vested in the metropolitan patrolmen of the police force in the State of 
Missouri, and shall exercise said power and authority in the discharge of 
their duties as deputies to the harbor and wharf commissioner of the City 


of St. Louis. (M. C., sec. 1846.) 


984 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24, 


Sec. 1967. Commissioner to have charge of dump boats.— 
The street cleaning dump boats shall be under the control and management 
of the harbor and wharf commissioner, who shall provide for the care and 
maintenance thereof. (M. C., sec. 1847.) 


See. 1968. Dump boats, watchmen for.—The harbor and wharf 
commissioner is hereby authorized and directed to employ two day watch- 
men and one night watchman for each set of boats, whose compensation 
shall be fifty dollars per month. (M. C., sec. 1848.) 


See. 1969. Pay-rolls for dump _ boats—ceertification of.— 
All pay-rolls and vouchers for current expenses necessary for the manage- 
ment and maintenance of said floating dump boats shall be certified to by the 
harbor and wharf commissioner and presented for payment in the same 
manner as other vouchers of his office. (M. C., sec. 1849.) 


ARTICLE VII. 


OF PARK COMMISSIONER.* 


Sec. 1970. Commissioner to have charge of parks, ete.— 
The park commissioner shall be the head of the park department, and shall 
have under his special charge and control all the public parks, places and 
squares of the city, excepting such as are by the charter, or by their dedi- 
cation or other special provisions in the nature of a contract, excluded from 
the control of the city. (M. C., sec. 1850.) 


Charter, Art. IV, sec. 39. 


See. 1971. Superintendent of parks and Keepers.— 
The Park Commissioner shall have authority, with the approval of the 
mayor, to appoint one general superintendent, who shall be a well-qualified | 
landscape gardener, and also with such approval, may appoint keepers for. 
such of the different parks as may be provided by ordinance. (M. C., see. 
1851.) 


As to salaries of park employes see post R. C., secs. 2001, 2015, 2016, 2017. 


See. 1972. Engineers and other employes.—The park commis- 
sioner shall also have authority, with the approval of the mayor, to employ 
from time to time such engineers, draughtsmen and clerks, and with the 
approval of the president of the board of public improvements, such gard- 
eners, overseers, laborers and field hands as may be necessary, whose num- 
ber and salaries, excepting day laborers, shall be established by ordinance. 
(M. C., see. 1852.) . 


See. 1973. Superintendent of parks—duties.—The superintend- 
ent of parks shall, under the direction of the park commissioner, have gen- 
eral supervision of all the keepers of and gardeners, laborers, etc., employed 
at the several parks. He shall superintend the laying out and grading of 
said parks and the planting of trees, shrubs and flowers therein. He shall 
report to the park commissioner any neglect of duty or delinquencies on the 
part of the men under his control. No employe of any park shall directly 


*For Charter provisions concerning Park Commissioner see Art. IV, secs. 3, 
34, 39, 47; Art. VIII. For ordinances concerning public parks see post R. C 
secs. 2018 ef seg. of Chap. 25. 


be 


Employes and salaries see post sec. 2001, and especially secs. 2015 et seq. 


ART. VIII.] OF ADVERTISING IMPROVEMENTS AND CONTRACTS. 985 


or indirectly be engaged in the furnishing of any flowers, trees or plants 
for any park owned by the city. (M. C., sec. 1853.) 


Sec. 1974. Use of ponds for fish.—The use of ponds now existing 
in Forest Park, except “Pavilion Lake” and all such other ponds as may 
hereafter be constructed by the State Fish Commission with the approval of 
the board of public improvements of the City of St. Louis, is hereby granted 
to the fish commission of the State of Missouri for the purpose of hatching 
and propagating food fishes for the term of ten years, beginning on the 
first day of January, nineteen hundred and three; provided that the general 
ornamentation of the grounds adjacent thereto shall always be under the 
supervision of the park department of the City of St. Louis, as also the right 
to use said ponds for boating purposes whenever deemed desirable by the 
park commissioner. 


Within thirty days after this ordinance goes into effect the State Fish 
Commission shall file its acceptance of the provisions hereof in the office of 
the city register, and if not filed as herein provided the ordinance shall. be 
null and void. (Ord. 21060, amending M. C., sec. 1854.) 


Ord., approved March 17, 1903, but the acceptance is not found on file in the 
register’s office. 


See. 1975. Ponds—improvements in by fish commission. 
All improvements which said Fish Commission shall find it necessary or 
advisable to make, shall be made at its own expense and in strict accordance 
with plans and detail drawings first submitted to and approved by the board 
of public improvements, and any failure on the part of said Fish Commis- 
sion to properly care for and keep charge of said premises, shall cause a 
forfeiture of the privilege herein granted, of which due notice shall be given 
to the mayor by the board of public improvements, and in such case the 
fishes with which the ponds are stocked and all appurtenances and improve- 
ments made, shall become the property of the city. (M. C., sec. 1855.) 


ARTICLE VIII. 


OF REGULATIONS CONCERNING THE ADVERTISING OF PUBLIC IMPROVEMENTS 
AND THE AWARDING OF CONTRACTS.* 


See. 1976. Letting of work, to be numbered.—Each let- 
ting of work, by the board of public improvements, when advertised, shall 
be designated by a number, and shall be officially known by such number. 
(M. C., sec. 1856.) 


See. 1977. Advertisement of notice of letting.—The notice of let- 
ting of such public work shall be published in the newspapers doing the city 
printing three times, the last publication to be at least ten days before the 
day appointed for the opening of bids; but when so provided in the ordi- 
nance, authorizing or directing the work to be done, the advertising may be 
for a different period and in other papers than those provided above. (Ord. 
20543, amending M. C., sec. 1857.) 


See Charter, Art. VI, sec. 27, and notes appended thereto as to the validity 
and interpretation of this and other sections of this article. 


*See notes to Charter, Art. VI; especially sec. 27 thereof; see also R. C., secs. 
884-888; also R. C., sec. 1165. 


O86 REVISED CODE OR GENERAL ORDINANCES. [CHAP 2a: 


Sec. 1978. What such notice shall state.—Said notice shall state: 
First, the number of the letting. Second, the general nature of the work to 
be done. Third, the places where the plans and specifications and forms of 
contract may be seen. Fourth, the amount of certified check on some bank 
or trust company in the City of St. Louis, payable to the order of the city 
treasurer for the amount of deposit required, as hereinafter set forth, such 
check to accompany each bid and to be enclosed in the sealed envelope en- 
closing the bid. Fifth, the time and place when bids will be received; and, 
sixth, the hour and place of opening the bids. (/b., amending M. C., sec. 
1858. ) 


In accordance with Charter, VI, sec. 27. 


See. 1979. Bids how made.—Each bid for such work shall be made 
upon a blank form, to be furnished by the board of public improvements, 
and shall be placed in a sealed envelope, addressed to the “President of the 
Board of Public Improvements,” indorsed “Proposals for Public Work,” and 
with the number of the letting for which the bid is made. Each bid shall be 
signed by the bidder, or by an authorized officer or agent, where the bid is 
by a firm or a corporation. Said bid shall not be opened before the day and 
hour fixed in the notice. (M. C., sec. 1859.) 


Sec. 1980. Certified check deposit to accompany bid.—lKEach 
bidder shall enclose in the sealed envelope enclosing his bid a certified check, 
as required by section 1978. (Ord. 20543, amending M. C., sec. 1860.) 


See. 1981. Amount of deposit.—The amount of the deposit shall 
be equal to ten per cent of the total cost of the work as estimated by the 
board of public improvements if such estimated cost be three thousand dol- 
lars or less; if the estimated cost be more than three thousand dollars the 
deposit shall be ten per cent on three thousand dollars and two and one- 
half per cent on the excess above three thousand dollars; provided, that no 
deposit shall be less than fifty dollars. (M. C., sec. 1861.) 


Sec. 1982. How deposit conditioned—extension of time by 
majority B. P. I.—The deposit so made shall be conditioned that the 
successful bidder shall enter into written contract to do the work bid for 
according to the terms of his bid, and shall furnish approved security within 
five days after the award has been made and the bidder notified thereof; but 
an extension of time for furnishing security may be granted by a majority 
vote of the board of public improvements, not to exceed fifteen days. (Ord. 
20755, amending M. C., sec. 1862.) 


Sec. 1983. When deposit forfeited —new bids.—If any bidder to 
whom a contract shall have been awarded shall fail to enter into contract 
and to furnish approved security within the time specified, his deposit shall 
be forfeited to the city, and the board of public improvements shall advertise 
for new bids. (M. C., sec. 1863.) 


See. 1984. Disposition of deposits of successful and of unsuc- 
cessful bidders.—As soon as a contract for public work has been 
awarded the president of the board of public improvements shall return to 
each unsuccessful bidder the certified check accompanying his bid, as the 
amount of deposit. The certified check of the successful bidder shall be 
forwarded by the president of the board to the city treasurer as the deposit 
of such successful bidder, and the amount thereof shall be retained by the 


ART. VIITI.] OF ADVERTISING IMPROVEMENTS AND CONTRACTS. O87 


treasurer until the contract shall have been entered into and approved by 
the council. Until such disposition shall be made of such certified checks 
accompanying bids the same shall remain in the custody of the president of 
the board of public improvements. (Ord. 20543, amending M. C., sec. 1864.) 


See. 1985. Opening bids.—The bids shall be opened and read on the 
day and at the place indicated in the advertisement, by the president of 
the board of public improvements, at or about the hour of twelve m., in the 
presence of said board and of such bidders as desire to be present. (M. C., 
sec. 1865.) 


See. 1985. Rejection of bids for non-compliance with require- 
ments.—If in any bids blanks are not properly filled up so as to make a 
bid complete and without any ambiguity as to its intended meaning; or if 
a bid has any alteration or erasure upon it; or if it be not properly signed; 
or if the certified check has not been enclosed with the bid as hereinbefore 
provided—then said bid shall be rejected. (Ord. 20543, amending M. C., sec. 
1856.) 


Sec. 1987. Award to lowest responsible bidder—who such — 
rejection of all bids. —As soon as the canvass of the several bids shall 
have been completed the contract shall be awarded to the lowest responsible 
bidder. No person, firm or corporation shall be deemed such a responsible 
bidder who has failed or refused to fully carry out any prior contract let to 
him or them for doing any work contemplated by the charter; provided, 
however, that the board of public improvements shall have full power and 
authority to reject all bids advertised for and submitted, whenever, in its 
judgment, the interests of the city may require, and in such event shall in 
like manner readvertise for bids for such work. (Ord. 20543, amending M. 
C., sec. 1867.) 


See Charter, Art. VI, sec. 27, and note. 


Sec. 1988. Bonds—sureties. —The performance of all contracts 
made by the board of public improvements shall be secured by at least two 
sufficient and approved securities, giving bond to the City of St. Louis in 
amounts, as follows: When the estimated amount of the contract is five 
thousand dollars or less the bond shall be for the full amount of the con- 
tract, and when the estimated amount of the contract is over five thousand 
dollars the bond shall be for five thousand dollars and twenty-five per cent 
on the amount of the estimate in excess of five thousand dollars. No se-— 
curity on any bond shall be taken unless he shall pay taxes on property 
equal in the amount to his liability on all bonds on which he may be se- 
curity to the city. (Ord. 205438, amending M. C., sec. 1868.) 


See same reference as to preceding section; also note below. 


Sec. 1989. Conditions of bond.—Said bond shall be conditioneé 
that the principal therein will faithfully and properly perform the contract 
according to all the terms thereof, and that he will as soon as the work 
contemplated by said contract shall have been completed, pay to the proper 
parties all amounts due for material and labor used and employed in the 
performance thereof. Said bond may be sued on at the instance of any 
material man, laboring man or mechanic, in the name of the City of St. 
Louis, to the use of such material man, laboring man or mechanic, for any 
breach of the condition of said bond; provided that no such suit shall be 
instituted after the expiration of ninety days from the completion of the 
contract. (M.C., sec. 1869.) 


The city cannot sue as trustee of an express trust for the benefit of property 
owners, on the bond of a contractor who violates his contract, thereby com- 


988 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


pelling a reletting to another contractor at an increased. price, which the prop- 
erty owners are compelled to pay in special tax-bills: St. Louis vs. Wright Con- 
tracting Co, (decided March, 1907,101 So. West. 6.) 


But under the powers of the City of St. Louis granted in the Charter and neees- 
sarily implied therein, the city has the right to require in the contract, and as a 
condition in the bond, that laborers and material men shall be paid, and such 
provisions are a proper and reasonable incident to the express power to improve 
the streets by contract and to require a bond of the contractor. And the con- 
tract of improvement creates such a privity between the city and the laborer or 
material-men as entitle the latter to the benefits intended to be afforded them 
under the express conditions of the bond: St. Louis vs. Von Phul, 133 Mo. 561, 
(overruling K. C. Sewer P. Co. vs. Thompson, 120 Mo. 218). See note to sec. 28 
of Art. VI of Charter; see provision of sec. 27 of Art. VI. As to state law to that 
effect see R. S. 1899, sec. 6762. 


See. 1990. Signing and approval of contra ry con- 
tract entered into by the board of public improvements shalt be signed by 
the president of the board in the name of the City of St. Louis, and shall 
then be submitted to the city counselor for the approval of the form thereof. 
After such approval has been received the contract shall be submitted to 
the couneil for its approval, which, when giyen, shall be indorsed thereon ; 
it shall then be recorded, in the office of the president of the board of public 
improvements, and also of the commissioner having charge of the work. 
The original, after being countersigned by the comptroller, shall be depos- 
ited in the register’s ; office, a duplicate Shall be given to the contractor, and 
copies thereof shall be furnished to the comptroller and auditor. (M. Ce 
sec. 1870.) 

Ord. 16514, appearing herein as R. C., sec. 270, requires all contracts of certain 
Kinds, (including public work) to contain certain conditions and terms concern- 


ing labor, ete., and provides for cancellation of contracts of contractors for vio- 
lations and ineligibility for other contracts, ete. 


See. 1991. Deposit for special tax work—restoration of sur- 
face, ete.—Before a contract awarded by the board of public improve- 
ments for any work which is to be paid for by a special tax, is executed, the 
bidder, to whom the award was made, shall be required to pay into the city 
treasury the sum of two hundred dollars, regardless of the number of such 
contracts which may have been awarded to him, as a special fund to be used 
by the commissioner under whose charge the work is to be done to defray 
the expenses of necessary repairs on the work, removal of unnecessary ob- 
structions left by the contractor along the line of the work or the proper 
restoration of the surface of the evround along the line of the work where 
an excavation had been made, if ‘faid contractor shall be liable under his 
contract or contracts, and which repairs, removal of unnecessary obstruc- 
tions or restoration of the surface of the ground said commissioner shall or- 
der made by reason of a failure of said contractor to make such repairs, re- 
move such obstructions or restore such surface of the ground himself within 
the time specified by said commissioner. (Ord. 2057 33 amending M. C., sec. 
ike oe) | 

This provision (then sec. 1369, R. O. 1892) was held valid in Allen vs. Labsap, 
188 Mo. 692, 703. 


Sec. 1992. . Same—when additional deposit necessary.—W hen- 
ever the whole or part of said two hundred dollars shall have been expended 
for the purpose described in section 1991, the president of the board of 
public improvements shall notify said contractor to pay so much money 
into the treasury as will bring the fund again up to two hundred dollars; 
and until he shall have complied with said notice from the president of the 
said board, no new contracts for special tax work shall be awarded him, nor 
shall any special tax bills be deliverd to him. (M. C., sec. 1872.) 


ART. TX.] OF SALARIES AND BONDS OF MEMBERS AND EMPLOYES. 989 


Sec. 1993. Conditions of return of special tax de 
Whenever such contractor shall cease to be contractor for special tax work, 
or to be responsible under any of his contracts for repairs on special tax 
work done by him, the president of the board of public improvements shall 
certify this fact to the auditor, and, on presentation of such certificate, the 
auditor shall draw his warrant on the treasurer, in favor of said contractor, 
for the whole amount standing to the credit of the special fund created by 
the payment of said contractor, in accordance with the provisions of sec- 
tions 1991 and 1992, and shall take his receipt therefor, in full of all claims 
against the city on account of said payments. (M. C., sec. 1873.) 


Sec. 1994. Contracts for grading and repairs to be made 
annually.—The board of public improvements shall, in every year, enter 
into contract for one year, beginning on the first of July, for the grading, 
constructing, reconstructing and repairing of sidewalks and for the repair- 
ing of street and alley and gutter paving, and such other similar work as 
may be ordered by ordinance, or which may become necessary to be done 
during the year. (M. C., sec. 1874.) 

Under this section the owner of premises is liable for his pro rata of inter- 
secting streets even though he himself has caused the sidewalk “in front of his 


property” to be reconstructed, if his permit does not cover such intersections: 
Heman vs. McManus, 102 Mo. App. 649. 


Sec. 1994a. Annual emergency contracts by B. P. L. for work 
appertaining to sewers—materi he board of public 
improvements is hereby authorized and fea to let and enter into annual 
contracts from the first day of July of every vear for emergency work re 
quired for the maintenance of sewers, sewer inlets, manholes and appur- 
tenances, and for necessary repairs of sewers, sewer inlets, manholes and 
appurtenances requiring prompt attention. 


The aforesaid emergency work and necessary repairs shall be done with 
stone, brick, concrete, cement, iron, and other materials necessary for the 
proper performance of such work as aforesaid. 


The cost of such work as aforesaid shall be paid by the City of St. Louis, 
from the funds annually appropriated and set aside out of municipal reve- 
nue for “sewers, salaries, current expenses and repairs,’ to cover the cost 
of such work aforesaid. (Ord. 20902.) 


ARTICLE IX. 


OF SALARIES AND BONDS OF MEMBERS OF THE BOARD OF PUBLIC IMPROVE- 
MENTS AND THEIR EMPLOYES. 


See. 1995. President—salary and bond.—The president of the 
board of public improvements shall receive a salary of five thousand dollars 
a year, payable monthly, and shall give a good and sufficient bond in the 
sum of twenty-five thousand dollars, conditioned as the bond of other city 
officers, and to be approved by the mayor and council. (M. C., sec. 1877. ) 


See. 1996. Street commissioner—salary and bond.—The street 
commissioner shall receive a salary of four thousand dollars a year, payable 
monthly, and shall give a good and sufficient bond in the sum of twenty 
thousand dollars, conditioned as the bond of other city officers, and to be 
approved by the mayor and council. (M. C., sec. 1878.) 


For employes of street com’r. and salaries, see R. C., secs. 1946, 1948-195 
garbage department, R. C., sec. 1205-1207; City Forester’s dept., secs. 1252-125 


990 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 24. 


Sec. 1997. Sewer commissioner—salary and bond.—The sewer 
commissioner shall receive a salary of three thousand five hundred dollars 
a year, payable monthly, and shall give a good and sufficient bond in the 
sum of twenty thousand dollars, conditioned as the bond of other city offi- 
cers, and to be approved by the mayor and council. (M. C., see. 1879.) 


Other employes and salaries see R. C., secs. 1956, 2001, 2011. 


Sec. 1998. Water CO enue Haag ean and bond. 
commissioner shall receive a salary of four thousand five hundred dollars a 
year, payable monthly, and tel give a good and sufficient bond in the sum 
of twenty thousand dollars, conditioned as the bond of other city officers, 
and to be approved by the mayor and council. (M. C., sec. 1880.) 


Salaries of employes of Water Commissioner’s dept.: R. C., secs. 1960, 1961, 
2001, 2005 to 2010. 


Sec. 1999. Harbor and wharf commissioner—salary and 
bond.—The harbor and wharf commissioner shall receive a salary of three 
thousand dollars a year, payable monthly, and shall give a good and suffi- 
cient bond in the sum of ten thousand dollars, conditioned as the bond of 
other city officers, and to be approved by the mayor and council. (M. C., 
sec. 1881.) 


Salaries of Harbor and Wharf dept., secs. 2012 to 2014; 1965; 411. 


See. 2000. Park commissioner—salary 
commissioner shall receive a salary of three thousand dollars a year, pay- 
able monthly, and shall give a good and sufficient bond in the sum of ten 
thousand dollars, conditioned as the bond of other city officers, and to be 
approved by the mayor and council. (M. C., sec. 1882.) 

Employes of Park Com’r., secs. 1970-1973; salaries of employes, R. C., secs. 
2001.) 2015, to, 20D7:: Ordinancesm about) parks, see JR. Go secs 2018-203 te Glace 
Art. (Vik: 


Sec. 2001. Salaries and bonds of assistant to sewer cCommis- 
sioner, assistant to water commissioner, chief mechanical en- 
gineer to water department and par the 
purpose of continuing the offices of assistant to sewer commissioner, as- 
sistant to water commissioner, chief mechanical engineer water  de- 
partment and park superintendent, and preserving the status of the 
persons at present holding said positions and of preserving the 
ordinance regulations at present existing with respect to the salaries, duties 
and bonds of said officers, said officers and employes shall receive the fol- 
lowing compensation and shall each file the following bonds, to wit: As- 
sistant to sewer commissioner, twenty-five hundred dollars per annum, and 
shall give a good and sufficient bond, to be approved by the mayor and coun- 
cil, in the sum of five thousand dollars; assistant to water commissioner, 
twenty-five hundred dollars per annum, and shall give a good and sufficient 
bond, to be approved by the mayor and council, in the sum of five thousand 
dollars; chief mechanical engineer, water department, twenty-five hundred 
dollars per annum, and shall file a good and sufficient bond, to be approved 
by the mayor and council, in the sum of five thousand dollars; park super- 
intendent, eighteen hundred dollars per annum, and shall give a good and 
sufficient bond, to be approved by the mayor and council, in the sum of 
twenty-five hundred dollars. 


The above salaries shall be paid monthly. (Ord. 22004, amending ord. 
212833.) 
hed Dae OOD 


See note to sec. 2005. 


ART. IX.] OF SALARIES AND BONDS OF MEMBERS AND EMPLOYES. 99] 


See. 2002. Horse and buggy of park superintendent.—The 
park superintendent shall be required to furnish his own conveyance, con- 
sisting of horse and buggy, but the cost of subsistence and maintenance 
thereof, not to exceed the sum of twenty dollars per month, shall be paid 
by the city. (M. C., sec. 1884.) 


Sec. 2003. Salaries and bonds of clerks and employes of 
president of the board.—tThe salaries and bonds of employes in the 
office of president of the board of public improvements shall be as follows: 
The clerks in said office shall be divided into three classes, and their salaries 
shall be as follows: Clerks of the first class, not to exceed two in number, 
at the rate of fifteen hundred dollars per annum each, who shall give bond 
in the sum of twenty-five hundred dollars each; clerks of the second class, 
not to exceed five in number, at the rate of twelve hundred dollars per an- 
num each, who shall give bond in the sum of twenty-five hundred dollars 
each; and clerks of the third class, not to exceed five in number, at the rate 
of nine hundred and sixty dollars per annum each, who shall give bond in 
the sum of eighteen hundred dollars each; one draughtsman, at the rate of 
twelve hundred dollars per annum, and shall give bond in the sum of twen- 
ty-five hundred dollars. Said appointments shall be made subject to the 
approval of the mayor. The salaries of the above-named officers shali be 
payable monthly, and their bonds shall be approved by the mayor and coun- 
cil. (M. C., sec. 1885.) 


Sec. 2004. Salaries of other employes of president of 
the board.—The compensation for services of other help shall be as fol- 
lows: Civil engineers at the rate of five dollars per day; surveyors at the 
rate of four dollars per day; field hands at the rate of two dollars and fifty 
cents per day; draughtsmen of the second class at the rate of seventy-five 
dollars per month; and of the third class at the rate of fifty dollars per 
month. The help herein named shall be employed temporarily, and only for 
work ordered by the board of health, or other work not specially belonging 
to the department of any commissioner; and, provided that the different 
commissioners, on application to the president, shall have declared their 
inability to have the necessary surveys made, and drawings and estimates 
prepared by the force in their employ. (M. C., sec. 1886.) 


For further employes of Pres. of B. P. I. and salaries, besides those authorized 
in this article, see Art. II, secs. 1939 to 1943 inclusive. 


Sec. 2005. Salaries of employes in water commissioner’s of- 
fice.—The several employes in the department of the water commissioner 
(commissioner’s office) shall receive monthly compensation as follows: One 
secretary, one hundred and seventy-five dollars; one chief clerk and book- 
keeper, one hundred and fifty dollars; one stenographer and typewriter, 
seventy-five dollars; one clerk at seventy-five dollars; one janitor, sixty dol- 
lars. (Ord. 21888, sec. 1, amending M. C., sec. 1887.) 


Besides employes and salaries mentioned in this article see others, in secs. 
1960, 1961, 1959, 2001. 


Sec. 2006. Salaries of employes in distribution system.—The 
several employes in the department of the water commissioner, distribution 
system, shall receive monthly compensation as follows: One engineer in 
charge, two hundred dollars; one first assistant engineer, one hundred and 
fifty dollars; one second assistant engineer, one hundred and twenty-five 
dollars; one chief draftsman, one hundred and twenty-five dollars; one as- 


992 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


sistant draftsman, one hundred dollars; two stenographers and typewriters, 
seventy-five dollars each; one foundry inspector, ninety dollars; three pipe 
laying inspectors, ninety dollars each; one field hand, sixty dollars; one 
foreman, one hundred and twenty-five dollars; three assistant foremen, 
ninety dollars each; four assistant foremen, eighty-five dollars each; one 
bookkeeper, one hundred dollars; one assistant bookkeeper, eighty-five dol- 
lars; one station bookkeeper, ninety dollars; one station bookkeeper, seventy- 
tive dollars; three station bookkeepers, sixty-five dollars each; one machinist, 
seventy-five dollars; one blacksmith, seventy-five dollars; twenty-five section 
men, seventy dollars each; ten first-class laborers, seventy dollars each; thir- 
ty second-class laborers, two dollars and twenty-five cents per day each ; 
ten drivers, fifty-five dollars each; four telephone men, sixty dollars each; 
fifteen watchmen, fifty-five dollars each; two stable men, sixty-five dollars 
each; four stable helpers, fifty dollars each. (Ib., sec. 2, amending M. C., 
sec. 1888.) 


Sec. 2007. Salaries of employes in meter and tap department. 
—The several employes in the department of the water commissioner, meter 
and tap department, shall receive monthly compensation as follows: One 
superintendent, one hundred and twenty-five dollars; one tapper, one hun- 
dred dollars; one tapper, seventy-five dollars; two tappers’ helpers, sixty 
dollars each; three meter helpers, sixty-five dollars each; three meter help- 
ers, fifty-five dollars each; one clerk, eighty-five dollars. (J/b., sec. 3, amend- 
ing M. C., sec. 1889.) 


Sec. 2008. Salaries of employes in inspection department.— 
The several employes in the department of the water commissioner, inspec- 
tion department, shall receive monthly compensation as follows: One su- 
perintendent of supply inspectors, one hundred dollars; twenty-five inspect- 
ors, Sixty-five dollars each. (Jb., sec. 4, amending M. C., sec. 1890.) 


Sec. 2009. Salaries of employes in supply and purifying di- 
vision. —The several employes in the department of water commissioner, 
supply and purifying division, shall receive monthly compensation as fol- 
lows: One engineer in charge, two hundred dollars; one assistant engineer, 
one hundred and sixty-five dollars; one assistant engineer, one hundred and 
fifty dollars; one chief draftsman, one hundred and fifty dollars; one drafts- 
han, second class, one hundred and twenty-five dollars; one draftsman, 
third class, one hundred dollars; two inspectors, ninety dollars each; two 
rodmen, sixty-five dollars each; ‘two field hands, sixty dollars each; two 
stenographers, seventy-five dollars each; one chief clerk, one hundred and 
twenty-five dollars; one clerk, seventy-five dollars; one janitor, sixty dol- 
lars; two foremen, ninety dollars each; five foremen, seventy-five dollars 
each; nine gatekeepers, sixty dollars each; three gatekeepers, fifty dollars 
2ach; nine watchmen, fifty-five dollars each; one timekeeper, seventy-five 
dollars; one gardener, one hundred dollars; four assistant gardeners, sev- 
enty-five dollars each; one chemist, two hundred dollars; one assistant chem- 
ist, one hundred dollars; one messenger, sixty dollars; one electrician, one 
hundred and twenty-five dollars; three motormen, sixty dollars each; three 
conductors, sixty dollars each; ‘two linemen, eighty-five dollars each; one 
locomotive engineer, three and eighty- hundredths dollars per day each : one 
fireman, two and twenty- hundredths dollars per day; one switchman, two 
and eighty-hundredths dollars per day; one foreman for switching crews, 
three and six-hundredths dollars per day; one tower watchman, ‘seventy. 
five dollars; two tower watchmen, sixty dollars each. (Jb., sec. 5, amending 
M. C., sec. 1891.) 


BRT. IX]! s SALARIES AND BONDS OF B. P. I. AND EMPLOYEES. 993 

Sec. 2010. Salaries of employes in high and low service en- 
gines department,—The several employes in the department of water 
commissioner, high and low service engines, shall receive monthly compen- 
sation as follows: First—Construction department: One mechanical en- 
gineer in charge, two hundred dollars; one first assistant engineer, one hun- 
dred and fifty dollars; one second assistant engineer, one hundred and twen- 
ty-five dollars; one draftsman, one hundred dollars; one inspector, one hun- 
dred dollars. Second—Operating department: (A) Low service station, 
Chain of Rocks: One engineer in charge, one hundred and seventy-five dol- 
lars; eight assistant engineers, one hundred and fifteen dollars each; eight 
oilers, seventy dollars each; fourteen firemen, seventy dollars each; four- 
teen coal passers, sixty dollars each; one foreman of machine shop, ninety- 
five dollars; two first-class machinists, eighty-five dollars each; three second- 
class machinists, seventy-five dollars each; two machine shop helpers, sixty 
dollars each; one blacksmith, seventy-five dollars; one blacksmith’s helper, 
sixty dollars; one foreman, boiler room, seventy-five dollars; six screen keep- 
ers, sixty dollars each; one storekeeper, sixty-five dollars; two 
janitors, fifty-five dollars each; one clerk, seventy-five dollars. 
(B) High service station number three: One engineer in charge, 
one hundred and seventy-five dollars; eight assistant engineers, one 
hundred and fifteen dollars each; sixteen oilers, seventy dollars each; six- 
teen firemen, seventy dollars each; sixteen coal passers, sixty dollars each; 
one foreman, machine shop, ninety-five dollars; two first-class machinists, 
eighty-five dollars each; four second-class machinists, seventy-five dollars 
each; one blacksmith, ninety dollars; one blacksmith’s helper, sixty-five dol- 
lars; two machine shop helpers, sixty dollars each; two engineer’s helpers, 
_ sixty-five dollars each; one foreman of boiler room, seventy-five dollars; two 
janitors, fifty-five dollars each; three dynamo tenders, sixty-five dollars each ; 
one clerk, seventy-five dollars; one storekeeper, seventy dollars; one pattern- 
maker, one hundred dollars. (C) High service stations numbers one and 
two: One engineer in charge, one hundred and seventy-five dollars; eight 
assistant engineers, one hundred and fifteen dollars each; twelve oilers, 
seventy dollars each; sixteen firemen, seventy dollars each; sixteen coal 
passers, sixty dollars each; one foreman of machine shop, ninety-five dol- 
lars; three first-class machinists, eighty-five dollars each; two second-class 
machinists, seventy-five dollars each; one blacksmith, seventy-five dollars; 
one blacksmith’s helper, sixty-five dollars; one boilermaker, eighty-five dol- 
lars; one boilermaker’s helper, sixty-five dollars; two engineers’ helpers, 
sixty-five dollars each; two machinists’ helpers, sixty dollars each; one fore- 
man of boiler rooms, seventy-five dollars; one clerk, seventy-five dollars; one 
storekeeper, seventy-five dollars; three janitors, fifty-five dollars each. (J/b., 
see. 6, amending M. C., sec. 1892.) 


Ord. 21888 also repeals M. C., secs. 1893, 1894, and ordinances 14223 and 21522. 


For other salaries of water dept. see note to sec. 2005. 


Sec. 2011. Salaries and bonds of employes in sewer depart- 
ment not otherwise fixed.—The salaries of persons employed in the 
sewer department, whose compensation has not heretofore been fixed, and 
their bonds, shall be as follows: One civil engineer, one hundred and seven- 
ty-five dollars per month, who shall give bond in the sum of three thousand 
dollars; one secretary, one hundred and fifty dollars per month, who shall 
give bond in the sum of two thousand dollars; three assistant civil en- 
gineers, one hundred and twenty-five dollars per month each, and each shall 
give bond in the sum of two thousand dollars; one draftsman, one hundred 
and twenty-five dollars per month, who shall give bond in the sum of two 
thousand dollars; two assistant draftsmen, eighty-five dollars per month 


994 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 24. 


each; one permit clerk, one hundred and twenty-five dollars per month, who 
shall give bond in the sum of two thousand dollars; one clerk, one hundred 
dollars per month, who shall give bond in the sum of one thousand dollars; 
one stenographer, seventy-five dollars per month; one clerk, sixty dollars per 
month; one superintendent of sewer cleaning, one hundred twenty-five dol- 
lars per month, who shall give bond in the sum of two thousand dollars; 
three overseers of sewer cleaning, seventy-five dollars per month each; in- 
spectors, not exceeding thirty, eighty-five dollars per month each; three rod- 
men, sixty dollars per month each; three field hands, fifty dollars per month 
each, and twenty sewer cleaners, sixty-five dollars per month each. All of 
said salaries shall be payable monthly. (Ord. 21610, amending ordinances 
21424 and 20668.) 


See R. C., 1955-1956; 2001, 1997. The above section (2011) was again amended 
by ordinance 23132, approved July 15, 1907, after the Revised Code was enacted. 


Sec. 2012. Employes in harbor and wharf department—sal- 
aries and bonds.—The harbor and wharf commissioner is hereby author- 
ized and empowered to appoint the following officers, with the consent and 
approval of the mayor, to-wit: <A chief clerk, whose salary shall be sixteen 
hundred dollars per annum and who shall give bond to the City of St. Louis 
in the sum of two thousand dollars; one civil engineer, whose salary shall 
be two thousand dollars per annum, and who shall give bond to the City of 
St. Louis in the sum of five thousand dollars; one clerk for the levee office, 
whose salary shall be twelve hundred dollars per annum, and who shall 
give bond to the City of St. Louis in the sum of two thousand dollars. The 
salaries of the above-named officers shall be payable monthly, and their 
bonds shall be given with two or more good and sufficient securities, hold- 
ers of unincumbered real estate in the City of St. Louis, to be approved by 
the mayor and council. The harbor and wharf commissioner may also ap- 
point a messenger at the levee office, whose salary shall be one dollar and 
seventy-five cents per day. (Ord. 22166, amending ord. 21211, M. C., sec. 
1896.) 


For other employes and their salaries see secs. 411, 1965, 2014. Commission- 
er’s salary, sec. 1999. 


Sec. 2013: Employes for harbor and wharf-boat.—Ffor the pur- 
pose of operating the harbor boat in cleaning the levee and removing wrecks 
and other obstructions from the harbor, and for keeping said boat ready to 
assist the fire department in case of fire at or near the Ievee, the harbor 
and wharf commissioner is hereby authorized and empowered, with the ap- 
proval of the mayor, to appoint the following officers for said boat, to-wit: 
One captain, one pilot, one mate, one night watchman, one engineer, one as- 
sistant engineer, and two firemen; all of the above officers to have govern- 
ment licenses, excepting the night watchman and two firemen. (JD., ib., 
amending M. C., sec. 1897.) 


Sec. 2014. Same—salaries. —The compensation of said officers shall 
be as follows: The captain, one hundred dollars per month; the pilot, ninety 
dollars per month; the mate, sixty dollars per month; the night watchman, 
fifty-five dollars per month; assistant engineer, seventy dollars per month; 
the two firemen, sixty dollars per month each. (/b., ib., amending M. ©., 
sec. 1898.) 


Sec. 2015. Park commissioner employes and salaries.—The 
park commissioner may appoint, with the approval of the mayor, a chief 
clerk at a salary of fifteen hundred dollars per annum, and an assistant 


CHAP. 25] OF PUBLIC PARKS. 995 


clerk, who shall also act as overseer, at a salary of nine hundred dollars per 
annum, to be paid in monthly installments. (M. C., sec. 1899.) 


See rext note, 


Sec. 2016. Keepers of parks and public places-—salaries.— 
He may also appoint, with the approval of the mayor, keepers of the follow- 
ing named parks, whose salaries shail be paid out of the funds as set apart 
for said parks respectively, and which shall be as follows, to-wit: Keeper of 
Forest. Park, seventy-five dollars per month; keeper of Lafayette Park, 
seventy-five dollars per month; keeper of Carondelet Park, sixty-five dollars 
per month; keeper of O’Fallon Park, sixty-five dollars per month; keeper 
of Hyde Park, sixty-five dollars per month; keeper of Benton Park, sixty- 
tive dollars per month; keeper of St. Louis Place Number One, sixty dollars 
per month; keeper of St. Louis Place Number Two, sixty dollars per month ; 
keeper of St. Louis Place Number Three and Four, sixty dollars per month: 
keeper of Carr Square, sixty dollars per month; keeper of Laclede Park, 
sixty dollars per month; keeper of Lyon Park, sixty dollars per month: 
keeper of Jackson Place, fifty dollars per month; keeper of South St. Louis 
Square, fifty dollars per month; keeper of Gravois Park, forty-five dollars 
per month; keeper of Washington Square, sixty-five dollars per month; 
keeper of Gamble Place, fifty dollars per month. (Ord. 22377, amending 
20836, amending M. C., sec. 1900.) 


As to park employes and superintendents, etc., see R. C., secs. 1970-19738; also 
sec. 2001. As to provisions respecting public parks see R. C., secs. 2018, ef seq, 
As to other parks, and other sites being made parks, see note to Chapter 25 infra. 


Sec. 2017. Park commissioner—other appointments to be 
made by.—The park commissioner shall have authority, with approval of: 
the mayor, to employ from time to time such engineers, draughtsmen and 
clerks and with the approval of the president of the board of public improve- 
ments, such overseers, foremen, laborers, rodmen, first-class gardeners, sec- 
ond-class gardeners, carpenters, machinists, field hands, laborers and boys 
as may be absolutely necessary and within the appropriations for each park, 
whose salaries shall be as follows, to-wit: Civil engineers, one hundred dol- 
lars per month; draughtsmen, first-class, one hundred dollars per month; 
draughtsmen, second-class, eighty dollars per month; rodmen, sixty dollars 
per month; overseers, three dollars per day; foremen of laborers, two dollars 
per day; first-class gardeners, two dollars per day; second-class gardeners, 
one dollar and seventy-five cents per day; carpenters, three dollars per day ; 
machinists, three dollars per day; field hands, two dollars per day; labor- 
ers, one dollar and fifty cents per day; boys, one dollar per day. .(M. C., 
sec. 1901.) 7 


CAI itive. 
OF PUBLIC PARKS.* 


*As to the Charter powers of the city in’ general concerning parks and park 
commissioner, see Charter, Art. VIII, secs. 1-6, and notes thereto. See also ‘Art. 
TII, sec. 26, clause 3; Art. IV, sec. 39. State ex rel. vs. Schweickardt, 109 Mo. 496. 
For ordinances concerning same see Rev. Code, sees. 1970-1975, 2001, 2015-2017, 
2018-2035. The names of the various parks are enumerated in section 2016, ex- 
cept Tower Grove, Carnegie Place, Yeatman Square, Dakota Park, Page’ Avenue 
Place, Rose Hill Place, Lindell Boul, Triangle, Forest Park Boul. See’ for park 
employes and salaries, secs. 2015-2017, 2000-2002. As to prohibition of saloons, by 


996 


REVISED CODE OR GENERAL ORDINANCES. [CHAP. 25. 


ordinance, within 400 feet of Lafayette, Tower Grove, O’Fallon, Carondelet and 
Forest Parks, see Rev. Code, sec. 2157, and note thereto appended; and as to pro- 
hibition of certain catabiishientn within a mile and a quarter of Tower Grove 
Park see Session Acts 1871, p. 189, sec. 1 (“Laws Specially Applicable to St. Louis’ 
p. 173, sec. 426.) And as to eattle, see R. C., sec. 2023. 

Tower Grove is excepted by charter from the City Park Department and 
stands upon a special basis, having been donated on certain conditions, to the 
city, by Henry Shaw, and was created and is governed in pursuance of certain 
statutory provisions (see Laws Mo. 1867, pp. 172-175, Laws 1872, p. 469, Laws 
1871, p. 189, all of which are herein specifically set out under “Laws Specially 
Applicable to St. Louis,” pages 170-173, béing Chap. 23, secs. 400-426.) Missouri 
Botanieal Garden also stands upon a special! basis (Shaw will) and is not under 
the care of the Park Department. 

Lafayette Park is affected by Session Laws 1863-4, p. 467; Laws 1868, p. 293; 
ordinance 11973 (see also ord. 2917, 3070, 3847, 4164, 4471, 4490 and 7341). 

Forest Park, see acts 1872, pp. 255-259 (held void in State ex + vs. Lef- 
fingwell, 54 Mo. 458); act of March 25, 1874 (the latter held valid in Co. Ct. vs. 
Griswold, 58 Mo. 175), but ‘‘repealed’’ in Charter, Art. VIII, sec. 6; see State ex 
rel. vs. Schweickarat, 109 Mo. 496. 


O’Fallon Park: See Charter, Art. VIII, sec. 5 (old bonds); and 6., sec. 6, 
“repealing’’ acts of March 25, 1874. 

Carondelet Park, act of Feb. 25, 1874, “repealed” by Charter, Art. VIII, sec. 6. 
(For new site or prolongation of this park see ord. 22938.) 

Lindell Boulevard Triangle (by ordinance 18573, according to the provisions of 
ord. 18276, and bounded west by Vandeventer ave.) is made a park (Mun. C.; sec. 
1902); and so of 

Forest Park Boulevard (Mun. Code, sec. 1903) the central fifty feet thereof 
from Boyle to Kingshighway. These two sections appear in the Mun. Code, but 
are not carried into this revision because they are as much special ordinances 
as those creating the other parks, none of which have ever appeared in the re- 
vision of the general ordinances, 

Small Park Sites: Authority given to Public Baths Commission and Park Com- 
missioner to recommend same, see ord. 22541, approved July 13, 1906; and to the 
Mayor, Comptroller and Park Commissioner, subject to approval of ways and 
means committees of assembly, see ord. 22754, app. Feb. 5, 1907; park site at 
Dover and Broadway, see ord. 229387; at Kansas street and prolongation of Car- 
ondelet park: ord. 22938; site on tract bounded by Penrose street, Bircher street, 
Euclid ave. and Calvary ave.: ord. 22971. 


Compton Hill Reservoir Park is under charge of the water department. 


See. 2018. Park regulations—what prohibited. 


shall break, cut, mutilate, injure, remove or carry away any tree, shrub, 
plant, flower, stone or stonework, bench, chair, seat, bower, stand, structure, 
fence or property, or thing whatsoever, in, upon or near any park, square 
or place in this city, or any street, avenue or highway around the same; 
nor molest any birds, bird’s nests, or any fish or animal or anything belong- 
ing to or kept therein, or paste or affix or inscribe any handbill, poster, 
ecard, device or inscription to or upon or against any fence, structure or 
property of, or on such park, place or square, or highway surrounding the 
same, or disfigure: any sward, gravel, sand, turf or earth, or any tree, fence or 
structure therein or adjacent thereto, or fasten or hitch any animal to any 
tree, fence or structure in, around or upon the same, or the streets or ave- 
nues surrounding the same, or ride or drive any animal or vehicle therein, 
except on the proper roadways and drives of Forest, Carondelet, O’Fallon 
and Tower Grove parks and at a rate of speed not exceeding eight miles per 
hour; nor shall any person deliver any oration, address, speech, sermon or 
lecture therein, or walk or go upon any grass plot, lawn or other place pro- 
hibited by the park commissioner, or permit any domestic animal to go or 
run at large, or be without attendant within any such place, park or square, 
and all such animals shall be taken up and impounded, and if not claimed 
within ten days, sold, and the fact of such animal being found running at 
large shall be evidence of such permission by the owner thereof; no omnibus, 
herdic or express wagon with or without passengers, nor any cart, dray, 


CHAP. 25.] OF PUBLIC PARKS. 997 


truck or other vehicle carrying goods or articles of any kind (except when 
required in the service of the park department), nor any hearse or proces- 
sion of carriages, shall be permitted to use the drives or other roadways of 
Forest, Carondelet, O’Fallon and Tower Grove parks; dogs or pet animals 
of any kind shall not be permitted to be brought into any of the parks ex- 
cept the driving parks, and there only when fastened to or led by a cord 
or string not to exceed six feet in length. (M. C., sec. 1904.) 


Speed limit for automobiles, etc., in parks is six miles: See R. C., sec. 1551. 


See. 2019. Disorderly conduct, and games prohibited—ped- 
dlers exe All disorderly or indecent conduct, the use of threaten- 
ing, obscene or profane language, and all games, acts or demeanor caleu- 
lated or tending to mar or disturb the feelings or enjoyment of the visitors 
attending such parks, places or squares, are prohibited therein, nor shall 
ahy person parade, exhibit or distribute any advertisement, cir cular or hand- 
bill therein, nor any peddler or petty dealer sell or in any manner dispose 
of any article in or adjoining any public park, place or square. (M. C., 
sec. 1905.) 


See. 2020. Applications for picnics.—Picnics may be allowed in 
Forest, Carondelet and O’Fallon parks on written application to the park 
commissioner signed by some responsible party. (M. ©., sec. 1906.) 


Sec. 2021. Regulations as to driving parks.—The board of 
public improvements may from time to time make such further regulations 
for the driving parks as may become necessary. (M. C., sec. 1907.) 


Sec. 2022. Keep to the right of park roadway—penalty. 
—It shall be the duty of all persons driving vehicles of any kind on the 
park roadways, and of all persons riding horses, bicycles, or tricycles on 
such roadways, at all times to keep to the right of the center of such park 
roadways, except when prevented by obstructions. Any person violating 
this section shall be deemed guilty of a misdemeanor, and for each offense 
shall be fined not less than five dollars nor more than twenty-five dollars. 
And it shall be the duty of the keepers of the several parks to see that this 
section is strictly enforced. (M. C., see. 1908.) 


Sec. 2023. Limits within which cattle excluded.—No person 
shall be permitted to bring or drive any loose cattle or stock of any kind 
within two hundred feet of any publie park, place or square, and any per- 
son so offending shall, in addition to the penalty, hereinafter provided, be 
liable for all damages done to public property by such violation of this pro- 
vision; provided, that this provision shall not apply to Forest, O’Fallon, 
Hyde and Carondelet parks, except in regard to damage done by any such 
cattle. (M. C., sec. 1909.) 


See. 2024. Keepers to be sworn as special police.—The 
keepers of the se¥eral parks shall be sworn in as special police and be in- 
trusted with the enforcement of the provisions of this article, and shall at 
all times have the assistance of the regular police force in carrying out the 
same. (M. C., sec. 1910.) 


See. 2025. Park commissioner may lease certain buildings. 
—The park commissioner with the approval of the board of public improve- 
ments, is authorized in behalf of the city, to lease any building (other than 


998 REVISED CODE OR GENERAL ORDINANCES. [CHA PIA2ia 


the cottage and out-buildings connected therewith in Forest Park) in For- 
est, Carondelet and O’Fallon parks, for the period of one year or less, for 
residence purposes only, such lease to be subject to be terminated at any 
time for cause, by resolution of the board of public improvements, and in 
all cases the rents to be payable in advance. (M. C., sec. 1911.) 


Leasing park, see Charter, Art. VIII, sec. 4 and note. 


Sec. 2026. When comptroller and commissioner to lease. 
In case of failure to receive any bids after two successive advertisements 
therefor or when the lease for any cause shall have been forfeited, the park 
commissioner and comptroller with the approval of thexboard of public im- 
provements, are authorized on behalf of the city to lease out said premises 
for the purpose hereinbefore mentioned, for the term not exceeding one 
year, to such person or persons in good standing as may make the most 
advantageous offer for them; such lease to be terminated at any time for 
cause to be evidenced by a resolution of the board of public improvements, 
and after thirty days’ notice by the park commissioner, and all rents to be 
paid monthly in advance. (M. C., sec. 1912.) 


Sec. 2027. Leasing of boat privileges in park ponds.—The 
board of public improvements is hereby authorized and empowered to lease 
the privilege of keeping boats for hire on the ponds of the public parks of 
St. Louis to any private party for a term of one or more years, under rules 
and regulations drawn up by the park commissioner and approved by the 
board of public improvements. (Ord. 14435, sec. 1.) 


Sec. 2028. Privileges of games, ete., in certain parks.—The 
board of public improvements is authorized and empowered to lease the 
privilege of keeping implements for the games of base ball, croquet and 
lawn tennis, and so forth, for hire at Forest, O’Fallon and Carondelet Parks ; 
the locations for the games to be selected by the, park commissioner.  (Jb., 
sec. 2.) 


See. 2029. Proceeds of leases—how credited.—The receipts from 
the leases mentioned in the two preceding sections to be credited to the 
parks from which they were received. (Jb., sec. 3.) 


See. 2030. Commissioner to take charge of park dona- 
tions. —The park commissioner is hereby authorized, with the approval 
of the board of public improvements, to accept and take charge of, for and 
on behalf of the city, all donations made to the public parks, places or 
squares of the city by private individuals or societies, and it is hereby made 
his duty to devote: and apply such donations strictly to the purposes for 
which they were made. (M. C., sec. 19138.) 


See. 2031. Sites for statues to be allotted.—He shall be 
authorized, with the approval of said board on the submission of proper 
plans and sketches, to allot such space of ground in any of the public parks 
places or squares as may be required for the erection of any monument, 
statue or other work of art or utility in commemoration of the services or 
beneficence of any person or society which they may offer to put up at their 
own expense. (M. C., sec. 1914.) 


Sec. 2032. Sites improved by private donations— how des- 
ignated. —The park commissioner shall have authority in certain cases, 
to officially designate certain places in the public parks, places and squares, 


a) 


CHAP. 26.] OF PUBLIC PRINTING. 999 


which have been improved by private donations, by the name of the donor, 
and he shall in all such cases file a copy of the articles or stipulations of 
donation with the city register. (M. C., sec. 1915.) 


Sec. 2033. When park donations may be removed.—In case 
any public park, place or square, containing any monument, statue or other 
work of art or utility erected from private donations as aforesaid, shall 
hereafter cease to be the property of the city, the donor or his legal repre- 
sentatives shall have permission to remove the same from the premises with 
the consent of the park commissioner, previously obtained. (M. C., sec. 
1916.) 


Sec. 2034. Music in parks.—The park commissioner is hereby au- 
thorized, with the approval of the mayor, to provide music for the parks, 
between June first and October first, eighteen hundred and ninety-six, and 
every year thereafter, on such days and in such parks as shall be designated 
by the above officers, not exceeding seven entertainments in one week, of 
three hours’ duration each, two of these to be held in the music pavilion in 
Forest Park and all, except those held on Sundays, to be held between the 
hours of seven p. m. and ten p. m. The music shall be provided by an 
orchestra or band of not less than twenty-five skilled musicians, all of whom 
must be registered voters of St. Louis. The above work shall be let by the 
park commissioner, subject to the approval of the mayor, to the lowest and 
best bidder, and it may be let in sections. Before the above work is let the 
mayor and park commissioner shall establish a schedule giving the name of 
each park in which music is to be given and the date of the same during 
said season, and bidders may compete for the music in any one or more or 
all the parks. Payment for the above work shall be made monthly on 
vouchers approved by the mayor and park commissioner, and ten per cent 
of each payment shall be reserved to secure the fulfillment of the contract. 
All questions with reference to the satisfactory performance of the work 
shall be determined by the mayor and park commissioner, whose decision 
shall be final and conclusive. The letting shall be advertised for ten days 
in the papers doing the city printing; provided, that for good cause the 
date or dates may be changed by the mayor and park commissioner. (M. C., 
sec. 1917.) 


See. 2035. Penalty.—Any person violating any of the provisions of 
this article’shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than five and not exceeding five hundred dol- 
lars. (M. C., sec. 1918.) 


CHAPTER 26. 
OF PUBLIC PRINTING. 


Sec. 2036. Procedure for lettimg of contract for public print- 
ing. —The register shall on the second Monday in May in each year here- 
after, advertise in the newspapers published in the City of St. Louis, of a 
uniform daily circulation of over three thousand copies (so far as he may 
be informed thereof), a proposal for sealed bids in writing for doing the city 
printing, to be done in city newspapers of said daily circulation, for one 
year, one published in the English and one in the German language. The 
papers published in the English language bidding, shall also state in their 
bid at:what cost and price they will print two hundred copies of the pro- 


1000 ; REVISED CODE OR GENERAL ORDINANCES. [CHAP, £6. 


ceedings of the Municipal Assembly, as may be published in such papers, in 
pamphlet form, and furnish the same within two days after each meeting, 
to each house of the municipal assembly for distribution amongst its mem- 
bers. The advertisement shall state the size, character and name of the type 
to be used, the minimum length of the line, the minimum width of the col- 
umn required, the character of measurement to be employed, the amount 
of deposit required to accompany each bid (which in no case shall be less 
than five hundred dollars, and which deposit shall be absolutely forfeited to 
the City of St. Louis in the event such bidder is awarded such contract and 
fails or refuses to execute the contract and give the bond as hereinafter re- 
quired), and the place, day and hour of the opening of such bids, and shall 
be made [for] at least ten days next before such day. The bids shall be 
opened in the office of the register, and all bidders may be present thereat. 
No bids shall be considered in which there shall be an erasure or inter- 
lineation. In every case the printing shall be awarded to the lowest bidder. 
The register shall, without delay, report the bids and awards to the council. 
If the council reject any award the register shall proceed without delay, as 
above, to advertise for new bids for the kind of printing of the rejected 
award, and report as aforesaid upon the same, and so on until the council 
confirm the awards for all the aforesaid printing. In case any bidder to 
whom such puble printing may be awarded fails or refuses, within ten 
days after such award, to properly and legally enter into the contract there- 
for and give the bond required by law, and also in case any bidder fails or 
refuses to perform the contract herein required, and the same is declared 
forfeited by the mayor, it shall be the duty of the register to immediately 
enter into a temporary contract and bond, to be approved by the mayor, 
for doing the city printing until such time as a new contract shall be made, 
as hereinafter provided, and advertise a proposal for sealed bids for doing 
the city printing in the manner herein. provided, for such term or unexpired 
terma, as the case may be, and shall award the contract to the lowest bidder; 
provided, however, that no bid shall then be considered or accepted from 
such bidder who has failed or refused to execute such contract and give 
such bond, or who has failed to carry out his contract and the same has 
been declared forfeited by the mayor. In such cases, if the council be in 
session, the register shall, without delay, report such bids and awards to 
the council, when the same proceedings shall be had thereon as herein speci- 
fied. But if the council be not in session, the register shall award the print- 
ing to the lowest bidder, and shall enter into a temporary contract and re- 
quire a temporary bond and immediately upon the reconvening of the coun- 
cil, shall report such bid, award, temporary contract and bond to the coun- 
cil, and thereupon the same proceeding shall be had as is herein required, 
and if the council confirm the award, a regular contract and bond, as now 
provided, shall be entered into in the manner and within the time and sub- 
ject to the conditions hereof. If the council reject such award, the register 
shall proceed, without delay, to advertise for new bids in the manner herein 
set out. Every contract for printing in pursuance of any award shall specify 
the printing and the price therefor and require the doing thereof within a 
reasonable time, as the register may direct, or the law or ordinance provid- 
ing for such printing may require. The printing meant in this article in- 
cludes everything of labor, skill and materials for bringing the work to the 
condition for its intended use and purpose. If any bidder fails to perform 
the contract as herein required, the same shall be subject to forfeiture by 
the mayor. (M.C., sec. 1919.) 


This section is pursuant to the provisions of the Charter, Art. XV, sec. 1. For 
printing contracts relating to state matters (judicial proceedings, etc.) see Rev. 
St. 1899, sec. 4692 et seq. set out herein in “Laws Specially Applicable to St. 
Louis,” sections 1-4, page 78. 


CHAP. 2%.] OF PUBLIC PRINTING. 1001 


See. 2037. Publication of ordinances and public docu- 
ments.—Every ordinance passed by the municipal assembly shall be pub- 
lished in the papers doing the city printing within five days after its ap- 
proval. English papers, when bidding for the city printing, shall also state 
at what price they will furnish fifteen hundred printed copies of ordinances, 
as may be published in the newspapers, of a uniform size, suitable for bind- 
ing in customary pamphlet form. The assembly shall cause an abstract of 
its proceedings to be published within forty-eight hours after the meeting, 
at which they were had; such abstract shall briefly state the substance of 
all petitions, memorials, remonstrances, motions, propositions, bills, resolu- 
tions and orders and the yeas and nays in full, whenever taken; also all 
communications from the mayor and other city officers, unless otherwise 
directed by the municipal assembly. No expense for printing the same 
documents the second time shall be incurred, except when ordered by a vote 
of two-thirds of the members-elect to the assembly, t taken by yeas and nays. 
The annual message of the mayor shall be printed in the proceedings of one 
branch of the assembly only. The annual reports of the comptroller and 
other city officers shall be sent to the council, only, and shall not be printed 
in the proceedings of either house of the assembly, but shall be printed in 
pamphlet form, the number of copies to be determined by a majority of both 
houses of the municipal assembly by joint resolution. (M. C., sec. 1920.) 


This section tracks the Charter: Charter, Art. XV, sec. 2; and see note thereto 
that the publication required does not apply to a general revision of the ordi- 
nances. 


See. 2038. Job printing, how contracted for. 
ing and binding shall be let by contract, and with that view the register 
is required, when the cost of the work approximates more than one hundred 
and less than two hundred dollars, to solicit bids from at least five different 
parties or firms in the job printing and binding business. When the cost 
of the work is estimated at two hundred dollars and over proposals. shall 
be invited by advertisement in the papers doing the city printing. (M. C., 
sec. 1921.) 


See Charter, latter part of Art. XV, sec. 1; and see note to said section. 


See. 2039. Printing, proofs of, to whom submitte 
Proofs of all printing shall be submitted to the officer directly interested 
therein, and no publication or printing shall be done or paid for except when 
done in the manner herein prescribed. (M. C., sec. 1922.) 


Same as Charter, Art XV, sec. 3. 


See. 2040. German language—proposals for printing in, 
oposals for the city printing in the German 
language shall include the cost of translation, and all contracts for such 
printing shall be made to cover also all expenses for translation. (M. ¢ 
sec. 1923.) 


See. 2041. Bond to be given.—tThe register shall require all con- 
tractors under this chapter to give good and sufficient bond for the faithful 
performance of said contract, to be approved by the mayor. (M. C©., see. 
1924.) 


See. 2042. Contracts—clause to be inserted in.—In the con- 
tracts for printing pamphlets, bills and other work where the composition 
is estimated by the page, a clause shall be inserted that every necessary 
fraction of a page may be counted as a full page, but no entire blank page 
shall be counted or charged for. (M. C., sec. 1925.) 


1002 REVISED CODE OR GENERAL ORDINANCES. FCELAP, °27: 


See. 2043. Proceedings of assembly—to whom furnished. 
—Printed copies of the proceedings of both houses of the municipal assem- 
bly shall be promptly delivered by their respective sergeants-at-arms at the 
mayor’s, comptroller’s and other officers where needed in the transaction 
of business. (M. C., sec. 1926.) 


Sec. 2044. City register to supervise printing.—All printing 
required by law, ordinance, the officers of the city or the municipal assem- 
bly, shall be done and made under the supervision of the city register. (M. 
C., sec. 1927.) 


See. 2045. Imprint on printed matter required. 
and pamphlets and other printed matter in book or pamphlet form shall 
bear upon the cover or title page thereof the imprint of the “Allied Print- 
ing Trades Council, St. Louis, Missouri;” all blanks, such as contracts, 
bonds, notices or deeds shall have legibly inscribed thereon the imprint of 
said Allied Printing Trades Council, “of St. Louis, Missouri; all stationery, 
such as letter heads and envelopes, shall be procured from printers or sta- 
tioners possessing authority to use the imprint of said label, but it shall 
not be necessary that the said label be imprinted on stationery of that char- 
acter. (M. C., sec. 1928.) 


This and the succeeding section are void as special legislation; they were so 


held to be in the case of Haeussler vs. St. Louis (No. 17526a in room 1 of Circuit ~ 


Court) after full hearing on preliminary injunction; but the cause was subse- 
quently dismissed before final hearing. These sections have been since that time 
disregarded by the city authorities in letting contracts. 


Sec. 2046. Penalty—forfeiture, ete.—In case any person or ‘per 
sons, firm or corporation employed to do or furnish any of the foregoing 
work shall violate the provisions of the foregoing section, the city register 
is hereby authorized and empowered to cancel and forfeit such employ: ment 
or the contract under which such work, or any of it, is done or furnished, 
and may relet the.same in the manner provided for with respect to the 
original letting of such work; and the person, persons, firm or corporation 
whose employment or contract has been so canceled or forfeited shall be 
ineligible to bid upon or for any such work or stationery upon the relet- 
ting, and the difference in cost of doing such work or furnishing such sta- 
tionery under the contract or employment so canceled or forfeited, and 
under such reletting, if any difference there shall be, may be sued for and re- 
covered upon the bond given for the performance of such cancelled 
contract or employment. (M. C., sec. 1929.) 


See preceding section, 


CHAPTER 27. 
OF RECORDER OF DEEDS.* 


See. 2047. Recorder—qualifications, election and term.—The 
recorder of deeds of the City of St. Louis shall possess the qualifications 
prescribed in section ten, article four, of the charter of the City of St. Louis 


*Charter provisions: Art. IV, sec. 1 (term of office). It is the Recorder’s 
duty to deliver conveyances to President Board of Assessors: Chart., Art. V, 
sec. 21, and Rev. C., sec. 2097; and to Board Public Imp., Rev. C., sec. 1944. Duties 
as to recording plats: Chart... Art. VI, sec. 1. 


ne on Rees ea 


ie WS ig OF RECORDER OF DEEDS. 1003 


for elective officers of said city, and he shall be elected by the qualified vot- 

ers of said city at the general election when representativs are elected to 
the general assembly of the state, and shall hold his office for four years: 
and until his successor is duly elected and qualified. His official term ‘shall 
commence on the first of January next succeeding his election. (M. C., sec. 
1930.) 


Sec, 2048. Certificate of election to be given.—The regis- 
ter of the City of St. Louis shall give to the recorder a certificate of his 
election authenticated by the seal of the city. (M. C., see. 1951.) 


See. 2049. Bond to be given.—Before the recorder shall enter upon 
the duties of his office he shall give bond to the State of Missouri in the 
sum of five thousand dollars, conditioned for the faithful performance of 
the duties of his office, which bond, shall be approved by the mayor and 
council; said bond shall be signed by two or more securities who shall be 
holders of unincumbered real estate within the City of St. Louis. (M. ¢ 
sec. 1932:) | 


Sec. 2050. Office to be vacant on. failure to give 
bond. -ecorder neglect to give bond and qualify within twenty 
days after his election his office shall be deemed vacant, and the mayor shall 
by proclamation order an election to fill such vacancy for the unexpired 
term thereof, to be held upon some day named in such order, not less than 
twenty nor more than thirty days next after the issuing of the proclamation. 
(M. C., sec. 1933. 


See. 2051. Duties of recorder—regulations of office.—-The 
recorder shall have charge and control of the real estate records and per- 
sonalty records of the City of St. Louis, and all papers, maps, plats, and 
other records pertaining to his office as established by law, and may enforce 
all needful regulations for their care, use and management not inconsistent 
with the laws of the State. No record shall be removed from the office ex- 
cept with the approval of the recorder or upon the formal order of some 
court, and all improper interference with said records, misuse of same, or 
making thereon any alteration, erasure, interlineation or other writing of 
any kind, without the consent and approval of the recorder, shall be consid- 
ered a violation of this section and punishable as hereinafter mentioned. 
-The use of pen and ink in said office, except by the recorder and deputies 
and clerks under his supervision, is forbidden except with the knowledge 
and consent of said recorder. All loud talking or other disturbance in said 
office during business hours is also hereby forbidden. (M. C., see. 1954.) 


Duties as'to recording plats: Charter, Art. VI, sec. 1. 


Sec. 2052. Recorder’s s: The Seah shall receive a salary 
of four thousand dollars per annum. (M. C., sec. 1935.) 


Sec. 2053. Collecting and paying over fees.—He shall col- 
lect all fees as prescribed by law, and pay the same into the city treasury 
daily. (M. C., sec. 1936.) 


Sec. 2054. Employes.—He is authorized to appoint the following 
deputies, clerks and assistants: One chief deputy and five [six] deputies, 
one of whom shall be known as “releasing deputy,” one marriage license 
clerk, one assistant marriage license clerk. Each of the above employes 
shall be empowered to administer oaths. One superintendent of index folio 


1004 REVISED CODE OR GENERAL ORDINANCES. [CHAPS 2c 


department, one competent draughtsman, four [eight] comparers, [two in+ 

dexers], one delivery clerk, one [two] janitor, one watchman of records,. 

fone marriage indexer who shall be a competent stenographer], and such 

recording clerks in folio department as the business of this department may 
require. (Ord. 21569, amending M. C., sec. 1937.) 

That part of the above sections 2054 and 2055 which is indicated in brackets, 

is not a part of the Revised Code, but is the amendment passed in ordinance No. 


22883, approved March 13, 1907, too late to be included in the Revised Code. See 
this ordinance set out in the Appendix. 


Sec, 2055. Same—salaries—number of recording clerks.— 
The above named employes shall receive in full payment for their services 
the following salaries: The chief deputy, one hundred and seventy-five [two 
hundred] dollars per month; the deputies, each one hundred and twenty- 
five dollars per month; the superintendent of index and folio department, 
one hundred dollars per month; the draughtsman, one hundred dollars per 
month; the comparers, each ninety dollars per month; [the indexers, each 
one hundred dollars per month]; the delivery clerk, seventy-five dollars per 
month; the janitor, [janitors each] fifty dollars per month; the watchman 
of records, fifty dollars per month; the marriage license clerk, one hundred 
dollars per month; the assistant marriage license clerk, seventy-five dollars 
per month; the recording clerks shall be paid at the rate of five cents per 
folio of one hundred words. The number of recording clerks shall not ex- 
ceed ten unless the increase of business of the office renders additional re- 
cording clerks indispensable, and all recording clerks in excess of ten shall 
be appointed only with the approval of the mayor. (Ord. 21569, amending 
M. C., sec. 1938.) 


See preceding note. 


Sec. 2056. Discharge of employes.—aAll of the above-mentioned 
employes shall be subject to a discharge at the pleasure of the recorder, who 
shall report the facts in writing to the mayor, provided the recorder shall 
not at any time keep employed in his office more clerks and assistants than 
the business of his office actually requires. (M..C., sec. 1939.) 


Sec. 2057. Abstracter and indexer to be appointed.—The 
recorder is hereby authorized to employ in the recorder’s office an expert 
abstracter and indexer, who shall keep the books of the abstract and index 
of deeds, in accordance with the provisions of section three thousand eight 
hundred and sixteen, Revised Statutes of Missouri of 1879, [R. S. 1899, see. 
9067], and perform such other duties as may be directed by the recorder 
of deeds. Said abstracter and indexer of deeds shall receive a salary of one 
hundred dollars monthly, payable out of appropriation for the recorder of 
deeds. Said abstracter and indexer of deeds may be recorder of deeds at 
any time. (M.C., sec. 1940.) 


Sec. 2058. Penalty.—Any violations of the provisions of this chapter 
shall be considered a misdemeanor, and shall be punished as provided by 
law. . (M. C., sec. 1941.) 


Sec. 2059. General statutes to be complied with.—The 
recorder shall execute and carry out all provisions of the general statutes 
of Missouri relating to his office, and shall be responsible for all property 
in his charge. (M. C., sec. 1942.) 


Sec. 2060. Stationery and furniture to be supplied.—The 
books, stationery and furniture necessary for said office shall be supplied 


CHAP. 28.] : OF REGISTER. 1005 


as prescribed in the charter and ordinances of the city for other departments. 
(M. C,, sec. 1943.) 


Sec. 2061. Recorder to devote entire time to duties.—The 
recorder shall devote his whole time during office hours to business of his 
office. (M. C., sec. 1944.) 


CHAPTER 28. 


OF REGISTER.* 


Sec. 2062. General duties and powers. —The office of register is 
hereby created, and the duties thereof shall be as follows: The register 
shall have the custody of the city seal, the public records, the original rolls 
of ordinances of the municipal assembly, all original contracts, deeds and 
certificates relative to the title of any property of the city, all official penal, 
indemnity or security bonds, and such other records, papers and documents 
of value as are not required to be deposited with any other officer, all of 
which shall be registered by numbers, date and contents; he shall attest all 
public instruments or official acts of the mayor by his signature and the 
seal of the city, and shall also certify under his hand and the seal of the 
city all copies of such original documents, records and papers in his office 
as may be required by any officer, and he shall provide copies of all con- 
tracts in his office for the auditor and comptroller when requested so to do 
by them. The register shall charge all persons, except members of the mu- 
nicipal assembly and city officers, for certified copies of ordinances, records 
or other papers on file in his office, a fee of ten cents for every one hundred 
words, and for every certificate under seal an additional fee of fifty cents; 
said fees shall be paid daily to the city treasurer, who shall issue triplicate 
recipts therefor, one of which shall be filed with the comptroller, one with 
the auditor and the third shall be retained by the register. He shall have 
general supervision of the public printing, and shall see that it is executed 
as hereinafter provided, and shall cause to be printed, filed and. preserved 
in his office all ordinances passed by the assembly; shall register and pre- 
serve in his office all contracts, the oaths or affirmations, taken by the city 
officers, and may administer such oaths or affirmations. He shall appoint 
such clerks as he may require, subject to the approval of the mayor. He 
shall do and perform all duties now required of the clerk of the county 
court by any general or special law not inconsistent with the scheme and 
charter and shall exercise the same power, authority and jurisdiction as 
said clerk for the proper execution of all laws of this state. (M. C., see. 
1945.) 


General duty of Register: Chart., Art. IV, sec. 23; Scheme, sec. 9; as to public 
printing, see R. C., Chap. 26, secs. 2036 ef seg., execution, numbering and filing of 
contracts with Register, see note to Chart, Art. XVI, sec. 7. It is the duty of 


*Charter provisions: Art. III, secs. 25, 28; Art. IV, sec. 23 (especially), and 
also Art. V, secs. 5, 30; Art. XV, secs, 1, 2; Art. XVI, sec. 7; Scheme, secs. 9, 15, 17. 


Duties as to Dentistry: See Laws Mo. 1905, p.. 217, sec. 8535. Duties formerly 
of County Clerk to be performed by Register: Rev. St. 1899, p. 2562, sec. 4 (“Laws 
SpeciaMy Applicable to St. Louis,” sec. 372), R. S. 1899, sec. 4160, subd. 18, and 
see herein next succeeding note. Duties as to Liquors respecting County Clerk 
cast on Register: See R. S. 1899, p. 2563, sec. 10. Duties concerning Justices of 
the Peace and Constables, formerly of County Clerk, now in Register: Sec. 6536 
of R. S. 1899 (“Laws Specially Applicable to St. Louis,” sec. 202). 


1006 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 28. 


the Register to perform the duties of a county clerk in respect of the general 
laws of the State: State ex rel. vs. Tracy, 94 Mo. 217; Rev. St. 1899, p. 2562, sec. 
4; Statutes relating to county clerks to be construed as applying to register in 
St. Louis, where applicable: R. S. 1899, see. 4160, subdivision 18 (“Laws Spe- 
cially Applicable to St. Louis,” sec. 373; see also 372); R. S. 1899, page 2563, sec. 
10; so as to duties respecting Justices and Constables formerly performed by 
County Clerk: R. S. 1899, sec. 6536. See note introductory to Charter, Art. J: 
“General considerations respecting the Charter—transfer of old county functions,” 
ete., and cases and references there cited. 


Sec. 2063. To issue all blank licenses and forms.—All 
blank licenses, tickets, receipts, permits, certificates or other blank forms 
which are intended to facilitate or simplify the collection of the revenue, 
shall be issued by the register under the seal of the city, and delivered and 
charged to the comptroller, who shall countersign and deliver them to the 
proper officers respectively, and take duplicate receipts therefor, one of 
which shall be filed with the auditor, and the register shall perform such 
other duties as may be required of him by law or ordinance. (M. C., sec. 
1946. ) 


- 


CHARtCCr) ALi iniseCrwos . 


Sec. 2064. Deputy register, duties of.—The office of deputy reg- 
ister is hereby created. The deputy register shall be appointed by the reg- 
ister, by and with the approval of the mayor, and shall perform such duties 
as the register shall direct, and he shall also perform the duties of register 
in case of the absence or sickness of the register, and the register and his 
securities shall be responsible for the official acts of the deputy register. 
(M. C., sec. 1947.) 


Sec. 2065. Salaries, register and deputy.,—The annual salary 
of the register shall be three thousand dollars, payable monthly, and the 
annual salary of the deputy register shall be twenty-one hundred dollars, 
payable monthly. (M. C., see. 1948.) 


Sec. 2066. Salaries of clerks.—The salaries of clerks in the regis- 
ter’s office shall be as follows: Two clerks at twelve hundred dollars each 
per annum; one clerk at nine hundred dollars per annum; and all other 
clerks and employes employed permanently or temporarily at the rate of 
seven hundred and fifty dollars each per annum, all of said salaries payable 
monthly. The register shall prescribe such regulations defining their duties 
and for their government as may be necessary. (M. C., sec. 1949.) 


Sec. 2067. Register to give bond.—The register shall give ie 
the city a bond for the faithful performance of his official duties in the sum 
of ten thousand dollars, which bond shall be given at the time provided by 
the charter, and shall be approved of by the mayor and the council. (M. C., 
sec. 1950.) 


Sec. 2068. Place of deposit of bond,—The official bond of the 
register of the City of St. Louis, required by law, shall be deposited with 
the comptroller for safe keeping. (M. C., sec. 1951.) 


See. 2069. City seal—form of and place of deposit.— 
‘The city seal shall be in custody of the register and it shall be of a circular 
shape, one and a half inches in diameter with a device engraved thereon of 
‘a steamboat carrying a United States flag, surmounted with a scroll in- 
scribed with the words, “The common seal of the City of St. Louis,” in 
Roman capitals engraved upon the face thereof. No impression of such 
seal to any contract or other writing shall have any validity or binding 
obligation upon the city unless such impression be accompanied by the at- 
testation and signature of the register, and then only in case authorized by 
law and ordinance. (M. C., sec. 1952.) 

See Charter, Art. IV, sec, 23. 


SART 1 OF BOARD OF ASSESSORS. 1007 


REVENUE DEPARTMENT. 


Chapter 29. Of assessment of property. | Chapter 30. Of license collector. 
Art. I. Of board of assessors. Chapter 31. Of subjects and objects of 
Art. Il. Of board of equalization. license. 
Arto lie  Oretaxes. | Chapter 32. Of collector. 
CHAPTER 29. 
OF ASSESSMENT OF PROPERTY. 
A804 Be T. Of board of assessors. 


II. Of board of equalization. 
0B Res At ae ES ie eT ENC fe 


ARTICLE I. 
OF BOARD OF ASSESSORS. * 


Sec. 2070. Board of assessors created,—There is hereby created 
a board of assessors, consisting of a president and one assessor of each 
assessment district, as now constituted, or which may hereafter be estab- 
lished by the municipal assembly. (M. C., sec. 1953.) 


Sec. 2071. Bonds of president and district assessors.—The 
president of the board and each of the district assessors, before entering 
upon their official duties, shall give bond to the state, to the satisfaction 
of the mayor, with three or more solvent securities, freeholders of the city, 
the said president in the sum of twenty-five thousand dollars, and the dis- 
trict assessors each in the sum of twenty-five hundred dollars, conditioned 
for the faithful performance of the duties of their office, which bonds shall 
be executed in duplicate, one of which shall be forwarded to the state aud:- 
tor, and the other be deposited with the register of the City of St. Louis. 
(M. C., see. 1054.) 


Chart» Art. V, sec 16: 


Sec. 2072. Qualifications of members of board.—The president 
of the board of assessors shall be of the age of at least thirty years, and 
have been a resident of the city for at least seven years next before his quali- 
fication; and each district assessor shall have been a resident of the city 
for at least five years next before his qualification or competent for his 
duties from actual service as an assessor of real estate in the City of St. 
Louis for taxation. (M. C., sec. 1955.) 


= 


TB NV SOC UL te 


Sec. 2073. Appointment of deputies and clerks.—The presi- 
dent of the board of assessors is hereby authorized to appoint, with the 
approval of the mayor, one chief deputy, two deputies of the first class, two 


*See Charter, Art. V,.secs. 15 to 23, and notes thereto. 


1008 REVISED CODE OR GENERAL ORDINANCES. {CHAP. 29. 


deputies of the second class, and ten deputies of the third class, one ab- 
stract clerk, one principal draughtsman, one assistant draughtsman, one 
second assistant draughtsman, and such additional clerks as may be abso- 
lutely necessary for the per formance of the work of the office; provided that 
the number of such additional clerks shall not exceed six during the period 
from the first day of September to the first day of January, and twenty-one 
from the first day of January to the first day of September in each year, 
except in case of emergency, when an increase may be authorized by the 
mayor. (M. C., sec. 1956.) 


lo. V, sec. 18. 


See. 2074. Clerks as deputies.—The president may authorize such 
clerks as may be necessary to act as deputies, but they shall receive no 
additional compensation while so acting. (M. C., sec. 1957.) 


Sec. 2075. President may remove employes.—The president of 
the board of assessors shall have power to remove any of the clerks, draughts- 
men or other employes of the assessor’s office, excepting district assessors, 
and may, if necessary, appoint others in their place, subject, however, to the 
provisions of this article. (M. C., sec. 1958.) 


See. 2076. President’s salary.—The president of the board of as- 
sessors shall receive a salary of thirty-five hundred dollars per year, pay- 
able monthly. (M. C., sec. 1959.) 


See. 2077. Salary of chief deputy assessor.—The compen- 
sation of the chief deputy assessor shall be at the rate of two hundred dol- 
lars per month, payable monthly. (M. C., sec. 1960.) 


See. 2078. Compensation of district assessors.—The several 
district assessors shall receive an annual compensation of eighteen hundred 
dollars, to be paid in monthly installments. (M. C., sec. 1961.) 


| See, 2079. Salaries of deputies—clerks and draughtsmen. 
—The compensation of the deputies, draughtsmen and clerks shall be as 
follows: Deputies of the first class, one hundred and fifty dollars per 
month, payable monthly; deputies of the second class, one hundred and 
twenty-five dollars per month, payable monthly; deputies of the third class, 
one hundred dollars per month payable monthly; abstract clerk, one hun- 
dred and twenty-five dollars per month, payable monthly; principal 
draughtsman, one hundred and twenty-five dollars per month, payable 
monthly; assistant draughtsman, one hundred dollars per month, payable 
monthly; second assistant draughtsman, eighty-three dollars thirty-three 
and one-third cents per month, payable monthly; all other clerks, eighty- 
three dollars thirty-three and one-third cents per month, payable monthly; 
excepting such additional clerks as may be employed during the period from 
the first day of January to the first day of September, who shall receive 
compensation at the rate of seventy dollars per month, payable monthly. 
(M. C., sec. 1962.) 


Sec. 2080. Pay-rolls, to be. certified to auditor.—The 
president of the board of assessors shall certify to the auditor the pay-rolls 
of his department, whereupon the auditor shall draw his warrants upon the 


treasury, charging the same to appropriation for assessment of revenue. (M. 
C., sec. 1963.) 


ART, L] OF BOARD OF ASSESSORS. 1009 


See. 2081. Duties of president—may administer oaths— 
tax returns—assist in appeals desired from district assessor— 
hours — information.—lIt shall be the duty of the president of the 
board to superintend the work of the district assessors, and the assessment 
of the entire city; to see that they faithfully discharge their duty, and as far 
as possible make the assessment uniform and equal throughout the city. He 
shall take the entire charge of the assessor’s office, and all maps, plats, 
books, papers, furniture and other property belonging to the said office. He 
shall be accountable for all such plats, and shall not permit any one of 
them, under any pretense whatever, to be removed from the office, except 
those which may be required by the district assessors for the assessment 
of their allotted districts. He shall use all proper care and diligence to 
preserve all maps, plats, books and papers belonging to the office from in- 
jury, and shall hold the district assessors responsible for the return in good 
condition of all plats that may be furnished to them. He shall alter and 
correct the office plats, and all plats used by the district assessors as re- 
quired by law. He shall furnish the district assessors with all plats, blanks, 
stationery, instructions, and all information that may be needed by them 
for the proper assessment of their respective districts. He shall receive the 
return of property of those upon whom the district assessors have ordered 
notice except in those cases where the district assessors make person service 
and shall administer the oath required by law. He may appoint one or more 
of the clerks in his office as deputies, and he or they shall be authorized to 
administer the oath. He shall furnish paper, blanks, and all necessary in- 
formation to persons desiring to make appeal from the assessment of the 
district assessor. He shall in person be at his office every working day, dur- 
ing office hours, except when engaged in his duties as assessor, or absent 
on leave, and shall furnish information on all matters pertaining to the as- 
sessment of property. (M. C., sec. 1964.) 


The president of the board shall cause to be prepared plats covering all tracts 
and lots of land in the city: R.S. 1899, sec. 9169. 


See. 2082. Qualification and duties of chief deputy.—The 
chief deputy shall be, in all respects, qualified by attainments and experi- 
ence to conduct the operations of the office, and shall perform all duties 
devolved upon the president of the board by law or ordinance during the 
absence of the president from the office. (M. C., sec. 1965.) 


Sec. 2083. Assessments, when to be made—report, ete. 
—It shall be the duty of district assessors to assess the property within the 
districts for which they are appointed under the direction and superintend- 
ence of the president in the manner provided by law. They shall commence 
their assessment on the first day of June in each year, and. complete the 
same and make their final report to the president on or before the first Mon- 
day in January following. Each report shall be verified by the affidavit 
thereto of the assessor making it, that he made the assessment contained 
in his report impartially and correctly to the best of his ability and judg- 
ment, and uninfluenced by fear of, or favor by, or towards any one. (M. C., 
sec. 1966.) < 


GChart., Art. iV, sec: 16: 


Sec. 2084. Assessment district established.—The City of St. 
Louis is hereby laid off in ten assessment districts and the boundaries of 
the same are hereby established as follows:* (M. C., sec. 1967.) 

*The boundaries-.of all of the districts were altered by ord. 22930. approved 


March 21, 1907 (after the approval of the Revised Code, and hence too late to 
appear therein). See this ordinance set out in full in Appendix. 


1010 REVISED CODE OR GENERAL ORDINANCES. [CHAP 29. 


See. 2085. First district.*—Shall embrace all that territory bound- 
ed on the north by Cherokee street from Mississippi River to Grand avenue 
and McDonald avenue from Grand avenue to Bent avenue, thence nortli 
along west line of Bent avenue to Arsenal street, thence west along Arsenal 
street to Tower Grove avenue extended south through Tower Grove Park, 
thence north through Tower Grove Park and Tower Grove avenue to Mag- 
nolia avenue, thence west along Magnolia avenue to Kingshighway boule- 
vard, thence west along Columbia avenue to its Junction with Old Manches- 
ter road, thence west along Old Manchester road to city limits of eighteen 
hundred and seventy-six; east by the Mississippi River; south and west by 
city limits of eighteen hundred and seventy-six. (Ord. 21025, amending M. 
C., secs. 1968-1977.) . 


Sec. 2086. Second district.*—Bounded on the north by Trudeau 
street and North Trudeau street from Mississippi River to Broadway, and 
Shenandoah avenue from Broadway to Tower Grove avenue; on the east 
by the Mississippi River; on the south by Cherokee street and McDonald 
avenue; on the west by Bent avenue and Tower Grove avenue and its ex- 
tension through Tower Grove Park to Arsenal street. (Jb.) 


Sec. 2087. Third district,*—Bounded on the south by the north line 
of the Second district; north by Miller street from Mississippi River to 
Broadway and Park avenue, from Broadway to Tower Grove avenue; on the 
east by the Mississippi River, and on the west by Tower Grove avenue. (Jb.) 


Sec. 2088. Fourth district.*—Bounded on the south by the north 
line of the Third district; on the east by the Mississippi River; on the north 
by Clark avenue from the Mississippi River to junction of Clark avenue 
with Manchester avenue, thence west along Manchester avenue to south line 
of Clayton avenue, thence west along Clayton avenue to Sarah street, thence 
south along Sarah street to south line of Manchester avenue, thence west 
along Manchester avenue to Tower Grove avenue, thence south along Tower 
Grove avenue to Park avenue, point of beginning. (J/Db.) 


Sec. 2089. Fifth district.* —Bounded on the south by the north line 
of the Fourth district; on the north by Lucas avenue from Mississippi River 
to Grand avenue and Delmar boulevard from Grand avenue to Sarah street; 
on the east by the Mississippi River; on the west by Sarah street. (JD.) 


See. 2090. Sixth district.*—Bounded on the south by the north line 
of the Fifth district; on the north by Mullanphy street from Mississippi 
River to Broadway and Cass avenue, from Broadway west to its junction 
with Easton avenue, thence west along Easton avenue to Sarah street; on 
the east by the Mississippi River; on the west by Sarah street. (Jb.) 


Sec. 2091. Seventh district.* —Bounded on the south by the north 
line of the Sixth district; north by St. Louis avenue from Mississippi River 
to Tenth street, Hebert street from Tenth street to Prairie avenue, and Ash- 
land avenue from Prairie avenue to Sarah street; east by the Mississippi 
River, and west by Sarah street. (Jb.) < 


*The boundaries of each of the ten districts were changed by ordinance 22930, 
approved March 21, 1907, after the passage of the Revised Code. See ordinance 
set out in Appendix. 


ART, 1.) ' OF BOARD OF ASSESSORS. ‘ 1011 


Sec. 2092. Eighth district.*— Bounded on the south by the north line 
of the Seventh and Highth districts; east by the Mississippi River; north 
and west by city limits of eighteen hundred and seventy-six. (J/b.) 


See. 2093. Ninth district.* . south by the north lne 
of the Tenth district; east by Sarah street fr om Annee avenue to Ashland 
avenue, and Clay avenue from Ashland avenue to Natur al Bri dge road; north 
by Natural Bridge road from Clay avenue to city limits of eighteen hundred 
and seventy-six, and on the west by city limits of eighteen hundred and 
seventy-six. (Jb.) 


Sec. 2094. Tenth district.*—Bounded on the south by the north 
line of First district; north by Finney avenue from Sarah street to Taylor 
avenue, thence west along center line of Lewis place to Walton avenue, 
Fountain avenue from Walton avenue to Kingshighway boulevard, Cabanne 
avenue from Kingshighway boulevard to Union “boulevard, Maple avenue, 
from Union boulevard to city limits of eighteen hundred and seventy-six ; 
east by western line of Districts Two, Three, Four, Five and Six, and west 
by city limits of eighteen hundred and seventy-six. (J/D.) 


Sec. 2095. Additional duties of district assessors--notice 
of difference in tax assessments. —All district assessors appointed 
by the mayor and confirmed by the council shall hold their office in accord- 
ance with section two, article four, of the charter; shall be under the con- 
trol of the president of the board of assessors; shall obey all orders emanat- 
ing from said officer, and shall, in addition to all other duties. prescribed 
by charter and ordinances and after the first of January in each year, and 
until the adjournment of the board of equalization, continue to give their 
services to the city for the purpose of revising their assessment, equalizing 
real estate and personal property, examining the returns made in the office | 
by the tax-payers, et cetera; and should there be a material difference in the 
values of personal property as made by the property holder and the district 
assessor, it shall be the duty of the district assessor to at once notify the 
owner or agent that such difference exists, and that he may be heard, giving 
time and place of such meeting, with the object in view of a more efficient 
and complete assessment. After the adjournment of the board of equaliza- 
tion and until they commence their assessment, it shall be the duty of the 
district assessors to review their respective districts, collecting useful data 
for their next assessments, such as compiling an abstract of all bona fide 
sales, examining buildings in course of erection, or other desirable infor- 
mation concerning personal property. (M.C., sec. 1978.) 


The assessor cannot raise the return made bv a property owner without notice 
to him: State ex rel. vs. Spencer, 114 Mo. 574. 


Sec. 2096. Notice of completion of books to be given. 
-—As soon as the assessment books are completed, the president of the board 
shall give one week’s published notice in the daily newspapers, one of which 
shall be printed in German, that said books are open for inspection, and stat- 
ing the time when the board of equalization will be in session. (M. ©., sec. 
1979.) 


Charter, Art. V, sec. 20. 


Sec. 2097. Recorder of deeds to deliver deeds, ete., to presi- 
dent. —The recorder of deeds of the City of St. Louis is hereby required to 


*The boundaries of each of the ten districts were changed by ordinance 22930, 
approved March 21,-1907, after the passage of the Revised Code. See ordinance 
set out in Appendix. 


1012 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 29: 


deliver to the president of the board of assessors, from day to day, when 
required of him, and the day after the same shall have been recorded and 
compared, all deeds and other instruments in writing, filed in his office, by 
which any change in ownership is made in any of the real estate of the 
City of St. Louis, and the president of the board shall, without unnecessary 
delay, make such changes upon the plats in his office as said deeds and other 
instruments may require, and forthwith return such deeds and other instru- 
ments to said recorder. (M. C., sec. 1980.) 


Same as Charter, Art. V, sec. 21. 


See. 2098. Costs and expenses of assessment, how met. 
—All the costs and expenses of the assessment shall be allowed and paid by 
the City of St. Louis in the same manner as other demands against the city 
are allowed and paid, and when the aggregate for each year’s assessment 
shall have been ascertained, the auditor of St. Louis shall certify the same 
to the state auditor, whose duty it shall be to draw his warrant in favor 
of the City of St. Louis for one-half of said assessment as provided by law. 
(M. C., sec. 1981.) 


Same as Charter, Art. V, sec. 23. 


ARTICLE. IT. 
OF BOARD OF EQUALIZATION.* 


See. 2099. Board of equalization—duties and office of— 
appeals to.—There is hereby established a board of equalization, consist- 
ing of the president of the board of assessors, who shall be president thereof, 
and four discreet and experienced real estate owners of the City of St. Louis, 
of a prior residence therein of ten years, who shall be appointed by the 
judges of the Circuit Court of the Eighth Judicial Circuit, on the second 
Monday_of March annually. The duty of said board shall be to adjust, cor- 
rect and equalize the valuation of real and personal property in said city. 
It shall meet at ten o’clock in the city assessor’s office on the third Monday 
in March annually, and shall remain in session for four weeks, if business 
requires it, and no longer. Said board: shall hear and determine all appeals 
in a Summary manner; they shall also do and perform all other duties im- 
posed on or required of them by section twenty-four of article five of the 
city Charter, (il Oo seca ye.) 


Sec. 2100. Compensation of board and carpenter.—The 
compensation of each of the members of said board (excepting the president 
thereof) shall be five dollars for each day’s actual service as a member of 
said board; but no compensation shall be given to members for days they 
may be absent from the regular meeting of said board. The compensation 
of the carpenter and practical builder shall be eight dollars for each day’s 
actual service while he is employed by the board. (M. ©., see. 1983.) 


*See Charter, Art. V, secs. 24 to 29, and authorities there cited. If the as- 
sessed owner does not appeal to the board, as provided by law, he can not be 
heard to complain so long as his property is clearly taxable under some law: 
State ex rel. vs. Tobacco Co., 140 Mo. 218; St. Louis, etc., Ins. vs. Charles, 47 Mo. 
462. The board of equalization or appeals acts judicially, its orders are not im- 
peachable collaterally, except for fraud or lack of jurisdiction: State ex rel. vs. 
Valle, 122 Mo. 38; hence certiorari is the proper mode of reviewing its proceed- - 
ings: State ex rel. vs. Dowling, 50 Mo. 134; Ward vs. Board, 135 Mo. 309. The 
right to appeal to the board of equalization is equivalent to “a day in court,” so 
to speak: State ex rel. vs. Cummings, 151 Mo. 1. c. 59; State ex rel. vs. Seahorn, 
139 Mo. 1. c. 609-610. 


we 


CHAP. 30.] OF LICENSE COLLECTOR AND LICENSE REVISION. 1013 


Sec. 2101. Qualifications of builder—oath and duties.— 
The carpenter and practical builder, who may be employed by the board, 
shall possess the qualifications of a member thereof, and be experienced as 
a carpenter and practical builder of public and private edifices, and before 
entering on his duties he shall take and subscribe to an oath before the city 
register that he will faithfully and impartially estimate the cash value of 
each building referred to him by the board; he shall be in attendance every 
day during the session of the board, except when absent on duty in refer- 
ence to matters referred to him. (M. C., sec. 1984.) 


Sec. 2102. Pay-roll of board, to show what.—Immediately 
after the final adjournment of the board of equalization in each year, the 
president of the board of assessors shall make out and certify a pay-roll,. 
and state therein the number of days actually served by each member of the 
board, and the number of days served by the carpenter and practical builder 
employed by them, and the total amount each of them is entitled to receive 
as compensation in full for their services under this article; he shall send 
said pay-roll to the city auditor, who shall draw his warrant on the city 
treasurer for the amount, and charge it to the account of assessment of the 
revenue. (M. C., sec. 1985.) 


ARTICLE III. 
OF TAXES. 


Sec. 2103. Tax levy annually.—For the support of the city gov- 
ernment, payment of the city debt and interest thereon, and for the im- 
provement of the city, a tax shall be levied annually, to be fixed by ordi- 
nance, upon all property made taxable by the laws of the state, within the 
limits of the city. (M. C., sec. 1986.) 


See Charter, Art. V, and notes thereto. The percentage of taxation is to be 
ixea by Gardinances "Chart., Art: V. sec. 27, 


CHAPTER 30. 
OF LICENSE COLLECTOR* AND LICENSE REVISION. 


*By the act of the General Assembly (Session Laws 1901, pp. 80 to 82, set out 
herein, on pages 167-168, “State Laws Specially Applicable to St. Louis,’’ Chap. 
17, secs. 382-392), the duties of the license commissioner were and now are re- 
quired to be performed by a license collector. This act creates the office of 
License Collector in cities of over 300,000, provides for the election of such of- 
ficer, regulates his salary, and that of his deputies and employes, defines his and 
their duties and provides that the city collector or license commissioner turn = 
over the books and information pertaining to these matters to the license col- 
lector thus created. The office of license commissioner is therefore extinguished 
and that of license collector substituted therefor, so that the former provisions 
of the ordinances in effect apply to the license collector. By section 7 of the act 
of 1901 it is provided that “every person, firm, association or corporation, shall owe 
to the license collector all and every duty now due by law or ordinance to the city 
collector of the revenue or to the license commissioner, or other city officer of 
such city, with respect to the assessment, levy, issue, transfer or revoking of 
licenses, or license taxes, for any purpose whatever; all and every duty of said 
city collector, license commissioner and other officer of such city imposed by law 
or ordinance with respect to the assessment, levy, issue, transfer or revoking of 
license or license taxes for any purpose whatever is hereby transferred to the 
office of license collector created by this act.’ Since this act operates to super- 


1014 REVISED CODE OR GENERAL ORDINANCHES. [CHAP. 30. 


sede all inconsistent ordinances, sec. 1 thereof displaces M. C., sec. 1987, now R. 
C., 2104, (which had created the office of commissioner); sec. 2 (providing for 
the election of the license collector, his term, bonds, etc.) supersedes inconsistent 
provisions of the Mun. Code contained in see: 1988, now R. C. 2105; M. C., 1999, 
now R. C. 2116, etc., on the same subjects, as well as M. C., sec. 2002, now R. C. 
2122, referring to location of his office in City Hall. Sec. 3 provides that all 
licenses except water, dramshop and boat or wharfage licenses be issued by the 
license collector, thereby superseding M. C., sec. 1989, or R. C., sec. 2106, which 
conferred the like powers on the commissioner; said sec. 3 also supersedes M. C., 
‘sec. 1992, or R. C., sec. 2109, as to revocation of licenses, and M. C., sec. 1998, 
R. C., see. 2115, upon the subject of prevention of carrying on businesses, etc., 
without licenses, and reporting such violations to police court. Sec. 5 of the act 
supersedes similar provisions in M. C., secs. 1990 and 1991, being Rev. C., secs. 
2107, 2108, on subject of application, statement, form, payment in advance, re- 
ceipts, ete. Sec. 6 of the act supersedes M. C., sec. 1993, or R. C., sec. 2110, with 
respect to the record and classification of licenses, with which it is nearly iden- 
tical, except as to the name of the officer, And sec. 4 of the act (providing for 
turning over by city collector or license commissioner to the new officer of 
books, papers, ete., and imposing on the latter the duty of collecting all informa- 
tion necessary to taxing, levying and issuing licenses, etc.) supersedes M. C., 
sec. 1994,:or R. C., 2111; sec: 7, above quoted, displaces M. C., sec. 1997, or R. C, 
2114; sec. 8 supersedes M. C.,; sec. 2003, or R. C., 2128, with which it was identical; 
and sec. 9, providing for employes and their salaries, displaces M. C., secs. 2000, 
2001, or R. C., 2117 and 2118. Secs. 2004 and 2005, or R. C., 2124 and 2125, are 
also set aside by the effect of the new act. 

It is thought best not to undertake to omit from this revision these superseded 
provisions, since they have not been formally repealed by the Municipal Assembly, 
and possibly opinions may not always coincide as to the extent of their extinction 
by the new statute; hence they are retained and such sections as it is thought are 
superseded are indicated by being enclosed in brackets, with a notation of the 
statutory sections with which they are supposed to be incompatible. 


See. 2104. [Office of license commissioner created.—There is 
hereby created the office of license commissioner.] (M. C., sec. 1987.) 


Annulled by force of Acts 1901, p. 80, secs. 1, 7. See preceding note. 


The fact that an ordinance misdescribes the license collector as city col- 
lector (imposing duties cast by the statute on the former), where it is obvious 
that the former is intended, there being no officer corresponding to the one so 
designated, will not avoid the ordinance as in conflict with the act of 1901. St. 
Louis vs. Grafeman Dairy Co., 190 Mo. 492, 505. 


See. 2105. [License commissioner—appointment and term.— 
On or after April fourteenth, one thousand eight hundred and ninety-seven, 
and every four years thereafter the mayor shall appoint, subject to the ap- 
proval of the council, a license commissioner, who shall hold his office for 
four years and until his successor shall be appointed and qualified.] (M. 
C., sec. 1988.) 


Superseded by Acts 1901, p. 80, sec. 2. 


Sec. 2106. [All licenses, except, to be issued by.—The 
license commissioner shall have exclusive authority in the City of St. Louis 
to issue all licenses and receipts for license taxes, except water, dramshop 
and boat or wharfage licenses.| (M. C., see. 1989.) 


Superseded by Acts 1901, p. 50, sec. 3. 


Sec. 2107. [Application for license—statement as to amount. 
—Any person desiring to obtain a license or to pay a license tax shall make 
application to the license commissioner, accompanying it with such state- 
ments and affidavits as may now or hereafter be required by law or ordi- 

nance. The license commissioner, as soon thereafter as practicable, shall 
give to the applicant a statement in writing, that upon the payment of 


CHAP. 30.] OF LICENSE COLLECTOR AND LICENSE REVISION. 1015 


$.... (stating the amount of the license tax or tax required by law or ordi- 
nance), a license or tax receipt as the case may be, will be issued to such 
applicant.| (M. C., see. 1990.) 


Superseded by Acts 1901, p. 81, sec. 5. 


Sec. 2108. [Payment of amount of license prior to issu- 
ance.—Upon receiving the statement mentioned in the preceding section, 
the applicant shall pay.to the city collector the amount named in such 
statement, taking therefor and delivering to the license commissioner dupli- 
‘ate receipts, one of which shall be filed with the city comptroller, and the 
other shall be filed with the license commissioner, who shall then issue the 
license or tax receipt to the applicant for the period required by law or 
ordinance.| (M.C., sec. 1991.) 


Superseded by Acts 1901, p. 81, sec. 5. 


Sec. 2109. [Revoking license. —The license commissioner shall have 
authority to revoke any license by him granted, if the person to whom the 
license has been issued shall have been convicted of the violation of any of 
the provisions of the laws or ordinances relative to such licenses.] (M. C., 
sec, 1992.) 


Now governed by Acts 1901, p. 80, sec. 3. 


See. 2110. [Record and classification of licenses.—The license 
commissioner shall keep a separate record for each kind of license or tax 
receipt which he is authorized to issue, in each of which shall be recorded 
the names of all applicants for such licenses, the place at which the appli- 
cant is permitted to conduct the business authorized, if the license is for 
such purpose, otherwise the place of business or residence of the applicant, 
and the date of the issuance of the license, all of which shall be public and 
open to the inspection of any citizen who desires to inspect the same. He 
shall also keep all statements and affidavits furnished him, which shall not 
be public but shall be open to the mayor, comptroller, and of such officers 
as may be provided by ordinance now or hereafter.] (M. C., sec. 1993.) 


Now governed by Acts 1901, p. 81, sec. 6. 


See. 2111. [Duties of license commissioner.—It shall be the duty 
of the license commissioner immediately after taking charge of his office to 
obtain from the collector, and it is hereby made the duty of the collector, 
to transfer to said license commissioner, all books, papers, data and blanks 
relating to the assessing, levying, issuing, transferring and revoking of 
licenses and license taxes. The license commissioner shall at once proceed 
and obtain a complete list of all persons, firms, associations and corpora- 
tions who are required under the laws or ordinances, to obtain a license or 
pay a license tax, and he shall collect all information which may be neces- 
sary for the proper assessing, levying and issuing of licenses and license 
taxes. Such lists and such information shall be kept in proper books, and 
shall be changed from time to time to accord with changes in the facts; and 
it shall be the duty of the license commissioner to keep such lists and state- 
ments at all times as nearly complete and correct as possible.] (M. C., sec. 
1994.) 


Acts 1901, p. 81, sec. 4. 


Sec. 2112. Board of license revision.—There is hereby estab- 
lished a board of license revision, consisting of three discreet and experi- 
enced real estate owners of the City of St. Louis, of a prior residence therein 


1016 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 30. 


of ten years, who shall be appointed by the council in the month of May, 
annually. It is hereby made the duty of said board to review, adjust and 
correct the lists of persons who are to pay licenses and license taxes in said 
city. Said board shall meet on the third Tuesday of June annually, and 
shall remain in session for four weeks, if business requires it, and no longer. 
Said board shall hear and determine all appeals in a summary manner, 
shall review, adjust and correct the license and license tax books accord- 
ingly, shall determine as far as possible whether all persons have been listed 
who are required to have a license or pay a license tax, and whether all per- 
sons have made correct returns where such returns are required by law or 
ordinance in connection with licenses and license taxes, and to this end 
shall add or strike off names. It is hereby also made the duty of said board 
to carefully examine all bonds which have been given to the collector under 
the provisions of the laws and ordinances relating to licenses and license 
taxes, and before final adjour nment to report in writing to the mayor any 
and all bonds which are not in due form of law, or of whose solvency (there) 
is any reasonable doubt, and also a list of all cases where the collector has 
failed, improperly, to require a bond to be filed. It is hereby made the duty 
of the collector to render such assistance and to perform such services in 
connection herewith as the said board may direct, and all the books and 
papers in the collector’s office shall be open to the members of the board of 
license revision. The said board shall have power to send for persons or 
papers and to compel the attendance of witnesses, and to this end the mar- 
shal of the city shall execute such process as may be issued by it. The ma- 
jority of said board shall constitute a quorum, and a majority shall deter- 
mine all matters of appeal or of revision or correction of assessment. The 
license commissioner [now license collector] shall personally attend all 
meetings of such board, and shall render such assistance and perform such 
services as the said board may direct. The members of such board, before 
entering upon the duties of their office, shall take and subscribe an oath 
before the city register similar to that required of all city officers. (M. C., 
sec, 1995.) 


The provisions requiring bond in many cases of vehicle licenses have been 
repealed, so that to that extent the provision in this section is obsolete. See 
note to R. C., secs. 1817 to 1820. 


Sec. 2113. Compensation of members of board.—The com- 
pensation of each of the members of said board shall be ten dollars for each 
day’s actual service as a member of said board, but no compensation shall 
be given to members for days they may be absent from the regular meeting 
of said board. Immediately after the final adjournment of the board of 
license revision in each year, the license commissioner [license collector] 
shall make out and cer tify a payroll, and state therein the number of days 
actually served by each member of the board and the total amount each of 
them is entitled to receive as compensation in full for his services; said 
amount shall be charged to appropriation for license commissioner’s [license 
collector’s| office. (M. C., sec. 1996.) 


Sec. 2114. [Transfer of duties to license commissioner.—Ev- 
ery person, firm or corporation shall owe to the License Commissioner all 
and every duty now due to the Collector with respect of the assessment, 
levy, issue and transfer of licenses or license taxes for any purpose what: 
ever; and all and every duty of the Collector with respect to the assess- 
ment, levy, issue, transfer or revoking of licenses or license taxes for any 
purpose whatever, is hereby transferred to the License Commissioner. The 
duty imposed on the Mayor in section one thousand five hundred and 


CHAP. 30.] OF LICENSE COLLECTOR AND LICENSE REVISION. 1017 


seventy-six, of ordinance number seventeen thousand one hundred eighty- 
eight, is hereby transferred to the License Commissioner. Under the au- 
thority of section thirty-four of the Scheme, every person, firm or corpora: 
tion shall owe to the License Commissioner with respect to the assessment, 
levy, issue or transfer of license taxes or licenses for any purpose whatever 
in the City of St. Louis, all and every duty due to the County Court, the 
Clerk of the County Court or the County Collector, as provided in chapters 
fourteen, sixteen, twenty-four, one hundred and six, one hundred and eleven 
and one hundred and twenty-five of the revised statutes of Missouri for one 
thousand eight hundred and eighty-nine; and the duties of the county 
court, the clerk of the county court and the county collector in said chap- 
ters with reference to the assessment, levy, issue, transfer or revoking of 
licenses or license taxes for any purpose whatever in the City of St. Louis 
are hereby transferred to the license commissioner.| (M. C., sec. 1997.) 
This section is of course superseded. It provided for the conditions on trans- 
fer of the old duties from the old ordinance license collector to the license com- 
missioner. The latter in turn was abolished when the statutory license collector 
in turn displaced the ordinance, license commissioner. See note to article head- 
ing. 


Sec. 2115. [Police to report violations—license commissioner 
to report and secure arrests and convictions.—It shall be the duty 
of the police to prevent any persons carrying on a business or object for 
which a heense is required without having a license for that purpose, and 
they shall report to the license commissioner [now license collector] all 
violations of the laws and ordinances relating to licenses and license taxes. 
The license commissioner [now license collector] shall report to the police 
all persons who fail to take out the proper license or pay the license tax, 
and the police shall cause the arrest and conviction of such offenders.}|  (M. 
C., sec. 1998.) 


See Acts 1901, p. 80, sec. 3. 


Sec. 2116. [Salary and bond of license commissioner.—The 
“license commissioner shall receive a salary of four thousand dollars per 
annum, payable monthly. He shall give bond to the city conditioned that 
he will faithfully perform all the duties of his office according to law and 
ordinance. Such bond shall be in the sum of fifty thousand dollars with 
at least three solvent sureties, who are owners of unincumbered real estate 
in the City of St. Louis, or a surety company chartered by the State of 
Missouri, and shall be subject to the approval of the mayor and council. | 
iM. C., see. 1999.) 


No longer in force because of Acts 1901, p. 82, sec. 9, fixing the salary of 
license collector at $4,000 per annum. 


Sec. 2117. [Employes—appointment—license commissioner 
responsible for act ommissioner shall appoint, sub- 
ject to the approval of the mayor, one chief deputy and one assistant dep- 
uty, either of whom, in the sickness or absence from any cause of the 
license commissioner may perform all the duties of the license commiis- 
sioner. He shall also appoint such clerks as may be necessary to properly 
perform and carry out the duties imposed by ordinance provisions. Pro- 
vided, that the number of clerks shall be subject to the approval of the 
mayor, and shall at no time exceed eight. Four of the clerks shall be no- 
taries public and shall administer all the oaths required to be made to the 
license commissioner, and no fee or compensation, other than the salary 
allowed them, shall be charged or collected, by said clerks, or by any one for 


1018 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 30. 


them, for administering such oaths. He shall also appoint, subject to the 
approval of the mayor, one stenographer. He shall also appoint subject 
to the approval of the mayor, permanent inspectors, not exceeding ten in 
number. The license commissioner and his sureties shall be responsible 
for the official acts of all employes, appointed by him, and he may require 
bonds or other security for such employes to secure himself.|]  (M. C., see. 
2000.) 


No longer in effect because of Laws 1901, p. 82, sec. 9. See second note below. 


Sec. 2118. [Salaries of employes.—The compensation of the em- 
ployes is hereby fixed as follows: The chief deputy at the rate of two 
thousand dollars per annum; assistant deputy at the rate of one thousand 
five hundred dollars per annum; four clerks at the rate of one hundred dol- 
lars per month; permanent inspectors at the rate of seventy-five dollars 
per month; stenographer at the rate of seventy-five dollars per month; all 
other clerks, whether permanent or temporary, and temporary inspectors, 
at such rates as may be approved by the mayor, not exceeding seventy-five 
dollars per month in any case, all payable monthly.| (M. C., see. 2001.) 


Not in force. See note below. 


Sec. 2119. Employes of license collector. —The license collector 
is hereby authorized to employ and appoint a cashier, assistant cashier, 
two clerks and a stenographer, all of said appointments to be subject to 
the approval of the mayor. Said cashier, assistant cashier, clerks and 
stenographer shall perform such services in the office of the license collector 
as he shall direct. (Ord. 20439, sec. 1.) 

This ordinance is now in force. Under the act of General Assembly (Laws 
1901, pp. 80-82, sec. 9), the license collector’s assistants and their salaries are 
these: Chief deputy at $1,800, assistant deputy at $1,500, necessary clerks (not 
exceeding six) at $100 per month, inspectors (not exceeding ten), $75 per 
month. The employes metioned in sec. 2119 are in addition to the statutory 
employes. For vehicle inspectors authorized by ordinance, see R. C., sec. 1810. 


Sec. 2120. Salaries.—The cashier shall receive compensation at the” 
rate of one hundred and fifty dollars per month; the assistant cashier shall 
receive salary at the rate of one hundred and eight dollars and thirty-three 
cents per month; and said clerks and stenographer shall each receive com- 
pensation at the rate of seventy-five dollars per month. (/b., sec. 2.) 


Sec. 2121. Bonds.—Said cashier shall give bond to the license col- 
lector in the penal sum of ten thousand dollars; the assistant cashier shall 
give bond to the license collector in the penal sum of five thousand dollars, 
and each of said clerks shall give bond to the license collector in the penal 
sum of twenty-five hundred dollars; in each case with sureties to be ap- 
proved by the license collector, said bonds being to secure the license col- 
lector, and to indemnify him against any acts of said employes. (Jb., 


sec. 3.) 


Sec 2122. [License office located. —The license commissioner shall 
have his office in the new city hall, in such rooms as may be designated by 


the mayor.] (M. C., sec. 2002.) 


Acts 1901, p. 80, sec. 2. 


Sec. 2123. [**License’’ and “license tax’? defined.—The words 
“license” and “license tax,” whenever used in this chapter, shall include 


ART. 1.] OF AUCTIONEERS. 1019 


licenses for all purposes authorized or required by law or ordinance and 
also the tax on telegraph and telephone poles, the dog tax, the merchants’ 
ad valorem tax, the manufacturers’ ad valorem tax, the vehicle license tax 
and the special tax on foreign insurance companies, and excepting always 
dramshop, water and boat or wharfage licenses.|  (M. C., see. 2003.) 


Identical with the new law, Acts 1901, p. 81, sec. 8. 


Sec. 2124. [Collector to receive money.—It shall be the duty of 
the Collector to collect all taxes, licenses and license taxes which he is now 
required by law or ordinance to collect: The License Commissioner shall 
have no authority to collect any taxes, licenses or license taxes for any 
purpose whatever.] (M. C., sec. 2004.) 


Superseded by Acts 1901, p. 80. ° 


Sec. 2125. [When license commissioner ordinance effective. 
The ordinance creating the office of license commissioner shall not go into 
force and effect until April 14th, 1897.] (M. C., sec. 2005.) 


This section is of course superseded. 


CHARI oh ole 
OF SUBJECTS AND OBJECTS OF LICENSE. 


ART. I. Of auctioneers. 

If. Of bankers, brokers and insurance companies. 

Iif. Of commission merchants and merchandise brokers. 
IV. Of dramshops. 
V. Of electric batteries. 
VI. Of fortune tellers and astrologists. 

VII. Of hotels and boarding houses. 

VIII. Of house and real estate agents and brokers. 

IX. Of intelligence offices. 
XxX. Of manufacturers. 
XI. Of merchants. 

XII. Of ordinaries and restaurants. 

XIII, Of pawnbrokers. 

XIV. Of peddlers and hawkers. 

XV. Of railroad ticket brokers. 

XVI. Of steamboat, hotel and railroad runners. 

XVII. Of stockyards, sales stables and horse and cattle dealers. 
XVIII. Of street railway companies. 
XIX. Of vault-cleaners. 
XX. Of sundry vocations and miscellaneous provisions, 


ARTICLE: I 


OF AUCTIONEERS. 


er shall sell or offer to sell 
any goods, wares or merchandise, or other personal property or any real 
estate or interest therein, at any store, stand or other place in the city at 
public outery, whether the same shall be exempt from auction duty or not, 
for his own gain, or shall advertise, or in any other way hold himself out 


*As to the right of the city to enact ordinances to “license, tax and regulate’”’ 
the various vocations, trades, business, vehicles, conveyances, cars, etc., and to 
suppress certain occupations, see Charter, Art. III, sec. 26, clause fifth, and the’ 
annotations thereto appended. 


1020 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31, 


as an actioneer for public patronage, or shall receive fees as a commission 
for his services, is hereby declared to be an auctioneer. (M. C., sec. 2006.) 


Sec. 2127. License must be procured.—No person shall exer- 
cise the business or trade of an auctioneer, or sell any property at public 
auction or outcry without a license therefor first had and obtained. (M. ©., 
sec, 2007.) 


Power to license, taX¥ and regulate: Chart., III, sec. 26, clause 5. One licensed 
as auctioneer can not delegate his authority to sell to another: Stone vs. State, 
12 Mo. 400. An auctioneer in the City of St. Louis is compelled to obtain a license 
from the state as well as from the city: Simpson vs. Savage, 1 Mo. 359. A per- 
son may be guilty, under the act to license auctioneers, of exercising a trade or 
business of a public auctioneer without a license, although he may receive no 
compensation for the act of selling. State vs. Rucker, 24 Mo. 557. 


Sec. 2128. Amount and term of license.—Licenses shall be 
granted by the license commissioner [license collector] to any person ap- 
plying therefor, on the payment of the sum of forty dollars, which license 
shall continue in force for the period of ten days; on the payment of seventy- 
five dollars, which license shall continue in. force for the period of thirty 
days; on the payment of one hundred and seventy-five dollars, which license 
shall continue in force for the period of three months; and on the payment 
of three hundred dollars, which license shall continue in force for the period 
of six months; provided, that such applicant shall execute a bond with two 
or more responsible securities approved by the collector in the sum of five 
hundred dollars, conditioned for the faithful observance of this article; 
provided, further, that the provisions of this article shall not be so con- 
strued as to include any one who shall be acting as a trustee under the 
provisions of a deed of trust or in any legal capacity whatever. (M. C., 
sec. 2008.) 


See. 2129. License of fruit auctioneers.—Any person or persons 
or company of persons licensed as agents or dealers in fruit may obtain a 
license as fruit auctioneer upon the payment of one hundred dollars, which 
license shall continue in force for the period of one year, and no such per- 
son or persons or company of persons shall be permitted to sell fruit at 
public auction without first having obtained a license as fruit auctioneer. 
(M. C., sec. 2009.) 


Sec. 2130. Stock auctioneers—license of.—Any person or per- 
sons or company of persons licensed as agents or dealers in stocks, bonds 
or other securities exclusively, may obtain a license as stock auctioneer 
upon the payment of fifty dollars, which license shall continue in force for 
the period of six months, and no such person or persons or company of 
persons shall be permitted to sell stocks, bonds or other securities at auc- 
tion or public outcry without first having had and obtained a license as a 
stock auctioneer. (M. C., sec. 2010.) 


Sec. 2131. Real estate auctioneers—license of.—<Any person 
or persons or company of persons licensed as house and real estate agents 
or brokers may obtain a license as real estate auctioneer upon the pay- 
ment of two hundred dollars, which license shall continue in force for the 
period of one year, and no such person or persons or company of persons. 
shall be permitted to sell real estate at auction or public outery without 
first having had and obtained a license as a real estate auctioneer. (M. C., 
sec. 2011.) 


ART. IT.] OF BANKERS, BROKERS AND INSURANCE COMPANIES. 1021 


Sec. 2132. Horse market may be kept.—Any person or per- 
sons complying with the provisions following in this article are author- 
ized to establish and keep a public horse market at any place within the 
city (not in the streets thereof), for the sale of horses and other live stock, 
and for buggies, carriages, wagons and vehicles of all descriptions at public 
auction or outery. (M. C., sec. 2012.) 


See. 2133. License—term and amount.—Upon the payment of 
fifty dollars by any person or persons applying therefor, a license shall be 
issued in the manner that other licenses are issued for the purpose men- 
tioned in the next preceding section to such person or persons for the 
period of six months. (M. C., sec. 2013.) 


See. 2134. Live stock not to be sold on streets at auc- 
tion.—No horses or other live stock shall be sold upon the streets at 
publie auction. (M. C., sec. 2014.) 


Sec. 2135. Bond to be given by horse auctioneer.—livery 
person licensed as a horse auctioneer, as aforesaid, shall give bond, with 
two good securities, in the sum of two thousand dollars, who shall be own- 
ers of unincumbered real estate in the city, conditioned for the protection 
of any person intrusting horses or other stock to said auctioneer for sale, 
and to guard the public against fraud or misrepresentation on the part of 
said auctioneer. (M. C., sec. 2015.) 


Sec. 2136. Penalty.—Any person who shall violate any of the pro- 
visions of this article shall be deemed guilty of a misdemeanor, and on 
conviction thereof, shall be fined not less than one hundred dollars nor 
more than five hundred dollars, for each and every offense, to be sued for 
and recovered as in other cases of breaches of ordinances, and at the dis- 
cretion of the mayor, shall forfeit his license. (M. C., sec. 2016.) 


ARTICLE ITI. 
OF BANKERS, BROKERS AND INSURANCE COMPANIBS. 


See. 2137. Bankers, ete., license required of.—No person, firm, 
company or corporation shall, in the City of St. Louis, carry on the busi- 
ness of banker, banking corporation or institution, or broker of or for any 
such, or of a financial agent or broker, or of an insurance company, or of a 
mining stock broker, without having first obtained a license therefor; said 
license may, at the discretion of the applicant, be issued for six or twelve 
months, in advance, but not for a less time than six months. (M .C., sec. 
2017.) 


Under the old Charter (now altered in this respect) the power was only to 
“license,” in which case an ordinance for revenue was not authorized: St. Louis 
vs. Boatmen’s Ins. Co., 47 Mo. 150. 


As to right of city to tax insurance companies, see Home. Ins. Co. vs. Augusta, 
83 5 Us Sao: 


As to taxing foreign insurance companies, see post R. C., sec. 2280. 


Sec. 2138. Amount of license.—For every twelve months’ license 
contemplated by the preceding section the applicant shall pay in advance 
the following amounts respectively, and for every six months’ license in 
the same proportion, viz.: To carry on the business of a banker or bank- 


1022 REVISED CODE OR GENERAL ORDINANCES. (CHAP 32 


ing corporation or institution, or broker of or for the same, the sum of two 
hundred dollars; to carry on the business of financial agent or bond or 
stock broker or mining stock broker, the sum of seventy-five dollars; .to 
carry on the business of an insurance company, whether the same be organ- 
ized under the laws of this or any other state or country, the sum of one 
hundred dollars, provided that the provisions of this article in relation to 
financial agents or brokers shall not apply to real estate agents, and real 
estate brokers, who are regularly licensed as such. (M. C., sec. 2018.) 


Sec. 21389. Banker defined.—lEvery person, firm, bank, banking 
company or incorporated institution or association, having a place of busi- 
ness where credits are opened in favor of any one, on time or current de- 
posits, or on collections of money or currency, subject to be repaid or re- 
mitted upon drafts, checks or orders, or where money or currency is ad- 
vanced or loaned on stocks, bonds, bullion, bills of exchange or promissory 
notes, or where stocks, bonds, bullion, bills of exchange or promissory 
notes are received for discount or sale, is hereby declared to be a banker, 
banking corporation or institution. (M. C., sec. 2019.) 


Sec. 2140. Financial agent or broker defined.—tLvery person, 
firm, company or corporation other than bankers or banking corporations 
or institutions in the meaning of the last preceding section, who for a com- 
mission negotiates, obtains or effects loans of money on real estate security, 
or on collateral security or personal guarantees, or who effects or negoti- 
ates for the purchase or sale of stocks, bonds, bills of exchange, bullion, 
coin money or currency, promissory notes or other securities, for them- 
selves or others, is hereby declared to be a financial agent or broker. (M. 
C., sec. 2020.) 


Sec. 2141. Insurance company defined.—Every corporation or 
incorporated institution or association that issues any insurance policy 
for fire, marine, life, mutual or other insurance, is hereby declared to be 
an insurance company. (M. C., sec. 2021.) 


Sec. 2142. License shall be posted.—All licenses provided for 
by this article shall be posted in the office or place of business of the per- 
son, firm or corporation to whom the same shall have been issued. (M. C., 
sec. 2022.) | 


Sec. 2143. To whom license not to issue.—No license shall 
be issued to any person who by the laws of the state is prohibited from 
engaging in any business in this article named. (M. C., sec. 2023.) 


Sec. 2144. Penalty.—Any person who shall violate any of the pro- 
visions of this article shall be deemed guilty of a misdemeanor, and on con- 
viction thereof be fined not less than six nor more than three hundred dol- 
lars for each offense. (M. C., sec. 2024.) 


a 


ARTICLE III. 
OF COMMISSION MERCHANTS AND MERCHANDISE BROKERS. 


Sec. 2145. Commission merchant defined.— Every person, firm or 
corporation haying a place of business who for another person and for a 


ART. III.] OF COMMISSION MERCHANTS AND MERCHANDISE BROKERS. 1023 


commission or other compensation, buys or sells, or receives on consign- 
ment for sale, or negotiates between the owner and purchaser for the pur- 
chase or sale of any goods, wares and merchandise, flour, grain, provisions, 
country produce or other article of commerce, is hereby declared to be a 
commission merchant. (M. C., see. 2025.) 


Sec. 2146. Amount of license—oath required.—Every commis- 
sion merchant shall pay in advance to the collector for an annual license 
as follows: Where the aggregate amount of such purchases and sales shall 
be under one hundred thousand dollars, the sum of twenty-five dollars; where 
such purchases and sales exceed one hundred thousand dollars and under 
two hundred thousand dollars, the sum of fifty dollars; where such pur- 
chases and sales are over two hundred thousand dollars and under three 
hundred thousand dollars, the sum of seventy-five dollars; where such pur- 
chases and sales are over three hundred thousand dollars and under four 
hundred thousand dollars, the sum of one hundred dollars; where such 
purchases and sales exceed four hundred thousand dollars and under five 
hundred thousand dollars, the sum of one hundred and twenty-five dollars ; 
where such purchases and sales are over five hundred thousand dollars and 
under six hundred thousand dollars, the sum of one hundred and fifty dol- 
lars; where such purchases and sales are over six hundred thousand dollars 
and under seven hundred thousand dollars, the sum of one hundred and 
seventy-five dollars; where such purchases and sales are over seven hun- 
dred thousand dollars and under eight hundred thousand dollars, the sum 
of two hundred dollars; where such purchases. and sales are over eight 
hundred thousand dollars and under nine hundred thousand dollars, the 
sum of two hundred and twenty-five dollars; where such purchases and 
sales exceed nine hundred thousand dollars and are under one million dol- 
lars, the sum of two hundred and fifty dollars; where such purchases and 
sales are over one million dollars and under two million dollars, the sum 
of three hundred and fifty dollars; where such purchases and sales are 
over two million dollars and under three million dollars, the sum of four 
hundred and fifty dollars; where such purchases and sales are over three 
million dollars, the sum of five hundred dollars. And each applicant for 
a license shall make an affidavit of the amount of his purchases and sales 
as aforesaid during the preceding year, on which he has received commis- 
sions or other form of profit, and the license for the current year shall be 
based upon the amount so sworn to; provided, no license shall be issued 
for less than twenty-five dollars. (M. C., sec. 2026.) 


Sec. 2147. Merchandise broker defined.—Every person, firm or 
company of persons who for commissions, brokerage or other compensa- 
tion shall negotiate between the owner and purchaser, or their respective 
agents, for the purchase or sale of goods, wares and merchandise, or other 
articles of commerce, is hereby declared to be a merchandise broker, 
whether such negotiations are on his own account or that of an employer 
or other person. (M. C., sec. 2027.) 


See. 2148. License of merchandise broker and agents or as- 
sistants.—Iivery merchandise broker and every member of a firm or ¢com- 
pany of merchandise brokers, and every clerk and assistant thereof, doing 
business as such in this city, shall pay in advance for an annual license the 
sum of fifty dollars. (M. C., sec. 2028.) 


Sec. 2149. Penalty.—Any person doing business as a merchandise 
broker, or commission merchant, whether alone or as a member of a firm 


1024 REVISED CODE OR GENERAL ORDINANCES. [CHAP i233 


or company of brokers, or as a clerk or assistant, or employe of such per- a 
son or firm, without the license provided for in this article, shall be deemed | 
guilty of a misdemeanor, and upon conviction thereof shall pay a fine of 
not less than twenty-five dollars nor more than five hundred dollars. (M. 
C., see. 2029.) ; 


ARTICLE LY. 


OF DRAMSHOPS.* 


Sec. 2150. Dramshop keeper defined.—[A dramshop keeper is a 
person permitted by law or ordinance to sell intoxicating liquors in any 
quantity less than one gallon. No person or copartnership of persons or 
corporation shall, in this city, directly or indirectly, in person or by an- 
other, sell, barter or deliver, for or on his or their account, any intoxicating 
liquors in quantities less than one gallon, without a license first obtained 
therefor, according to the provisions of this article, as a keeper of a dram- 
shop.] (M. ©., sec. 2030;) | 

Dramshop keeper defined by statute: R. S. 1899, secs. 2990, 2991; see, also, 
Laws 1907, p. 254. Above ordinance does not apply to dramshop in a park: State 


*This subject was formerly governed by city regulations, under its Charter 
powers to license, tax, regulate or suppress dramshops (Charter, Art. III, sec. 26, ‘ 
clause fifth). But the General Assembly, in 1893 (and amendments 1905) cre- 
ated the office of excise commissioner for cities of over 300,000 inhabitants and 
conferred upon him exclusive authority concerning the issuance and revocation 
of dramshop licenses and enacted other regulations concerning the subject, so 
that most of the provisions in the ordinances in this article are superseded: 
R. S. 1899, secs. 3019-3026, ib. 2990-3018, as amended in Laws 1907 (extra session), 
pp. 254-257; Session Laws 1905, pp. 142; ib. 140. (Set out herein under ‘Laws 
Specially Applicable to St. Louis,’ ante pages 122-124, being Chap. 8, sec. 229, 
and following. And see notes thereto.) 


we 


5 aE ie ee, 


It is considered best, however (in view of some intimations by the Supreme 
Court), instead of undertaking simply to omit supposedly superseded or repealed 
provisions, to retain all the ordinance provisions of the dramshop law, indicating 
such parts as are believed to have been affected, or supplanted by the state law, 
by inclosing them in brackets, and referring in a note thereto to such sections 
of the State statutes as are deemed incompatible therewith. 


Mpc? re 


Speaking of the effect of the State law of 1893 upon the then existing ordi- ; 

nances of the city, the court in State ex rel. vs. Bell, 119 Mo. 10; 45, Says: 7 one 
act of 1893 makes it the duty of the excise commissioner to issue, and gives him 
power to revoke, dramshop licenses. In other respects the State law and the 
existing valid ordinances of the city remain in full force.” And again: ‘“We 
think it was the purpose of the act of 1893 to provide for a commissioner who 
should have the sole power to issue city dramshop licenses as well as licenses on 
behalf of the State; and, this intention appearing, the ordinances of St. Louis 
must give way, to the act as far as they are in conflict with it.” ‘This case also 
holds that the eighth section of the act of 1891 (R. S. 1899, sec. 2997) applies to 
the city as to the manner of issuing licenses, together with the ordinances (119 , 
Mo., pp. 72, 74); so, also, in State ex rel. vs. Higgins, 71 Mo. App. 180, on pp. 183- 
184. The revocation of a permit or license by the excise commissioner is not of 
a judicial nature, and is not reviewable in court: Higgins vs. Talty, 157 Mo. 280 
(revocation for keeping disorderly house); State vs. Seebold, 192 Mo. 720 (revo- 
cation for selling liquor on Sunday). 


As to rulings under the former law, that the collector in St. Louis performed 
the same functions as the county courts, and that applicant for license required a 
petition signed by majority of taxpayers in the block, see State ex rel. vs. Hud- 
son, 13 Mo. App. 61. See, also, as to authority of collector under the old law, 
State ex rel. vs. Rosenblatt, 9 Mo. App. 587. 


. As to annotations on the State laws (relating to Dramshops and Excise Com- 
missioner), see further: State Laws Relating to St. Louis, ante, secs. 229 et seq., 
pp. 122-124, 


She ae ee OF DRAMSHOPS. 1025 


ex rel. vs. Schweickardadt, 109 Mo. 496, 513. In State ex rel. vs. Bell, 119 Mo. 70, 74, 
the court says: “The general law provides that no person shall sell intoxicating 
liquors in any quantity less than three gallons, either at retail or in the original 
package, without taking out a license as a dramshop keeper; and by the ordi- 
nances of the city of St. Louis a dramshop keeper is a person permitted by law 
or ordinance to sell intoxicating liquors in any quantity less than a gallon. The 
State license, it will be seen, differs from the city license. The State license may 
begin at one time and the city at another.” 


Sec. 2151. Application for license.—[ Applications for any license 
under this article shall be made in writing to the license commissioner and 
shall state specifically where the dramshop is to be kept; and no license 
shall be granted unless such application be accompanied by a petition 
signed by a majority of the assessed taxpaying citizens in the block or 
square where it is proposed to locate the dramshop; and said petition shall 
ask that such license be granted, and such petition shall be renewed yearly 
thereafter on each successive fourth day of July. In cases where the license 
commissioner has substantial reasons to doubt the moral character of the 
applicant or the genuineness of the signatures to the petition, he is hereby 
required to refer to the board of police commissioners of the City of St. 
Louis such applications made to him for licenses under this article, together 
with the petition accompanying same, and if the said board of police com- 
missioners shall, after proper inquiry, be of the opinion that the applicant 
is a person of good moral character, and that the signatures to said peti- 
tion are genuine, and that said petition is signed as hereinbefore required, 
the said board of police commissioners shall indorse upon the application 
of every such applicant, “Approved,” and return the same with its accom- 
panying petition, to the license commissioner, who shall then grant a 
license upon the application so indorsed; provided, all other requirements 
of this article shall have been complied with by such applicant for license; 
and all licenses issued under this article shall be kept posted up in some 
conspicuous place behind the bar, and as near the center thereof as possi- 
ble. But if the said board of police commissioners shall be satisfied that 
such applicant is not a person of good moral character, or that the signa- 
tures to said petition are not genuine, or that said petition is not signed 
as hereinbefore required, the said commissioners shall indorse upon the 
application of every applicant, “Disapproved,” and return the same to the 
license commissioner, when the license shall be refused. But if the license 
commissioner is not satisfied with such indorsement, he shall certify and 
report such application to the council, if in session, for its action, and to 
the mayor when the council is not in session, which shall be conclusive 
upon the petitioners; provided, that before any license shall be granted the 
license commissioner shall require of the person applying for it a bond to 
be given to the city in the sum of two thousand dollars, with two or more 
securities, to be approved by the collector, conditioned that the person 
obtaining such license shall keep at all times an orderly house, and that he 
will not sell, give away or otherwise dispose of, or suffer the same to be 
done about his premises, any intoxicating liquor in any quantity to any 
minor, without the consent of the guardian, master or parent of such minor ; 
and conditioned that he will not violate any of the provisions of this ar- 
ticle, or any of the provisions of chapter ninety-eight of the revised statutes 
of Missouri; and that he will pay all fines, penalties and forfeitures which 
may be adjudged against him under the provisions of this article or of said 
chapter. Before any person shall be taken as security on such bond he 
shall make affidavit before the license commissioner in the following form: 
State of Missouri, City of St. Louis, ss.: being duly sworn on his 
oath, says that he is a resident of the City of St. Louis aforesaid, and that 
he is owner in fee simple of real estate therein subject to execution of the 


1026 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


value of two thousand dollars over and above the amount of his just debts 
and liabilities, and exemption for homestead. Sworn to and subscribed 
before me this day of , 19—, — , license commissioner ; 
provided, that nothing herein shall be construed so as to prohibit the 
license commissioner from compelling the dramshop keeper to furnish new 
and other bondsmen, should such securities become insolvent, non-residents, 
insane, or otherwise disqualified from acting as such bondsmen.] (M. C., 
sec. 2031.) 

See R. S. 1899, secs. 2997 (amended Laws 1901, p. 142), 3020; State ex rel. ys. 


Higgins, 71 Mo. App. 180; State ex rel. vs. Mulvihill, 113 Mo. App. 324, 328; Hig- 
gins vs. Talty, 157 Mo. 280; State vs. Seebold, 192 Mo. 720. 


Sec. 2152. Place of business, license limited to.—[No person 
or persons to whom a license shall be issued shall keep a dramshop at any 
other place than the place designated; provided, that he or they may re- 
move the carrying on of such business during the continuance of such 
license from the tenement designated therein to any other tenement in the 
city; provided, that he or they shall first have obtained permission for such 
transfer of business from the collector, as if he or they were originally 
applying for a license, and under the same restrictions as are required by 
section twenty-one hundred and fifty-one.] (M. C., sec. 2052.) 


R. S. 1899, sec. 2992; see, also, sec. 2992a and 2993a, added by Laws 1907, p- 
25 ' 
254, 


See. 2153. License not transferable.—[No license granted under 
this article, shall be assignable or transferable.] (M. C., sec. 2033.) 


Riise PSO Bek 2a aa. 


Sec. 2154. Merchants exempt from article.—[This article shall 
not be construed to apply to any sale of intoxicating liquors by any person 
under authority of ordinance regulating merchants’ licenses.| (M. C., see. 
20384.) 


R. S. 1899, sec. 8015, Amended Laws 1905, p. 140. 


Sec. 2155. Amount of license.—For a license as a dramshop keeper 
there shall be paid the sum of two hundred and fifty dollars for city pur- 
poses [and twenty-five dollars for state purposes, and any such license, shall 
authorize the business therein designated to be carried on at one place only, 
and such license shall remain in force for the period of six months from 
its date; provided, that the license commissioner may, with the approval 
of the comptroller, issue any such license for a different period than six 
months, if necessary, in order that the state and city licenses to the same 
party may expire at the same time and at the date fixed by this article. 
No fee shall be charged by the license commissioner for administering oaths 
or taking affidavits.] (M. C., sec. 2035.) 


Sec. 3008, R. S. 1899, provides that “the proper authorities of incorporated 
towns and cities may impose a tax on licenses to dramshop keepers.” R. S. 1899, 
sec. 2996, amended Laws 1905, p. 143, provides that the State tax shall not be 
less than $50 for State purposes and not less than $250 nor over $400 for county 
purposes for six-month periods, etc. 


Sec. 2156. Number of licenses granted to be reported.—T[lIt 
shall be the duty of the license commissioner to report to the comptroller 
on the first Monday in every month the number of licenses granted for the 
preceding month, together with the names of persons to whom granted, and 


ART. IV.] OF DRAMSHOPS. 1027 


the names of the streets and the number of the houses for which the licenses 
were granted. It shall be the duty of the police to see that all ordinances 
in regard to dramshops are enforced, and for this purpose it shall be the 
duty of the police commissioners to inform the members of the police of all 
ordinances in regard to dramshops. It shall be their duty to report to the 
chief of police on the first Monday of each month the number, together 
with the names of the persons and the number of their houses, in their re- 
spective districts, in which any dramshop is kept, as also whether such 
dramshop is kept in an orderly manner or not, and the same shall be trans: 
mitted to the collector.]  (M. C.. sec. 2056.) 


RS SL e988, see. 3023. 


Sec. 2157. [Park restrictions.*—No saioon shall hereafter be estab- 
lished, opened or located in any building or on any lot of ground within 
five hundred feet of Lafayette, Tower Grove, O’Fallon, Carondelet and 
Forest Park; provided, that this provision shall not apply to any premises 
within the prohibited distance on which a saloon has been conducted 
within the past five years.| (M. C., see. 2037.) 


Construed: State ex rel. vs. Schweickardt, 109 Mo. 496, 504-505. But this 
section (sec. 2157) was repealed by ordinance No. 22868,.approved March 11, 1907 
(after the submission to the Assembly of the Revised Code and too late to ap- 
pear therein), and a new section enacted in lieu thereof, designated as section 
2037 of the old Municipal Code, corresponding to sec. 2157 of the Revised Code; 
the present ordinance is as follows: 


(22868) 


“An ordinance to repeal section 2037 of the Municipal Code of the City of St. 
Louis [sec. 2157 of Rev. Code], relating to the establishment and location of 
saloons, and to enact in lieu thereof a new section, to be known as section 2037. 


“Be it ordained by the Municipal Assembly of the City of St. Louis, as follows: 

“Section One. Section 2037 of the Municipal Code of the City of St. Louis is 
hereby repealed. 

“Section Two. The following section,to be known as’ section 2037, is hereby 
enacted in lieu of section 2037 hereinbefore repealed. Said new section to read 
as follows: 

“Section 2087 [R. C., sec. 2157]. No saloon shall hereafter be established, 
opened or located on any lot of ground, or in any building within four hundred 
feet of Lafayette, Tower Grove, O’Falion, Carondelet and Forest. Parks; provided, 
however, that this provision shall not apply to hotels or apartment house build- 
ings of not less than two hundred and fifty rooms, which buildings are so con- 
structed as to be bulidings of the first class, as defined by the building laws of the 
City of St. Louis.’ 


Session Laws 1907, p. 257, provides that no dramshop license shall thereafter 
be granted to keep a dramshop within five miles of any State educational insti- 
tution which then had 1,500 or more students. 


Section 6099, Rev. St. 1899, prohibiting saloons within 600 feet of any park in 
a city, was held unconstitutional, being a part of the entire act held void by 
reason of defect in the title, in the case of State ex rel. vs. County Ct. of Jack- 
son Co:, 102 Mo, 531, 


Sec. 2158. Penalties—license may be revoked.—[ Whenever it 
shall be shown to the mayor, upon the written statement of three or more 
reputable property owners, subscribed and sworn to, that any dramshop 
or saloon keeper has not kept at all times an orderly house, the mayor shall 
at once notify such dramshop or saloon keeper to appear before him and 
he shall investigate the charges preferred. If satisfied of the truth of the 
statement made, he shall revoke the license of such dramshop or saloon 
keeper, and if requested by such dramshop or saloon keeper he shall forth- 


with place the papers in the hands of the prosecuting attorney of the police 


*This section is repealed and a new section substituted: See note to section. 


1028 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 31. 


court with instructions to institute proceedings against such dramshop or 
saloon keeper, and if on the trial of such case the dramshop or saloon 
keeper shal] be acquitted, the revocation of such license by the mayor shall 
be null and void; provided, that the license commissioner shall not grant 
a license to any person who has ever been convicted of a violation of any 
of the provisions of this article, or who at the time of his application for 
such license may be shown to have sold, given away, or otherwise disposed 
of intoxicating liquors to any person under the age of eighteen years with- 
out the permission or consent herein required, or who has had in his em- 
ploy in his business of dramshop keeping any person whose license has 
been revoked or who has been convicted as above mentioned, or who has 
sold, given away, or otherwise disposed of any intoxicating liquors as above 
mentioned.| (M. C., sec. 2038.) 


Superseded by State statute: R. S. 1899, secs. 3021, 3024, etc.; see Higgins vs. 
Talty, 157 Mo. 280; State vs. Seebold, 192 Mo. 720. 


Sec. 2159. To whom licenses not to issue.—No license shall 
be issued to any person to keep a dramshop at any place where any amuse- 
ment, such as theatrical exhibitions, negro minstrels, musical party or con- 
cert, exhibition of rope or wire dancing, wax figures, painting, statuary, 
tricks or legerdemain, menagerie, thespian performances, or any other ex- 
hibition or show or amusement is carried on, either when the admission is 
free or where a fee for admission is charged, without a license shall have 
been taken out for such amusement, exhibition or show. (M. C., sec. 2039.) 


See R. S. 1899, sec. 3018. 


Sec. 2160. Intoxicating liquor defined.—[The term ‘‘intoxicating 
liquor,” as used in this article, shall be construed to mean fermented, 
vinous and spirituous liquors or any composition of which fermented, vin- 
ous or spirituous liquor is a part, and all the foregoing provisions shall be 
liberally construed as remedial in their character.] (M. C., sec. 2040.) 


R. S. 1899, sec. 3016. See State vs. Besheer, 69 Mo. App. 72. 


See. 2161. Remonstrances, ete.— [Under authority of sections twen- 
ty-four and thirty-four of the Scheme for separating the City and County 
of St. Louis, all applications, petitions and remonstrances for and against 
dramshop licenses proposed to be issued under State law shall be made to 
the license commissioner, and shall take the same course and be governed 
by the same proceedings in relation thereto as are prescribed by this article 
for the granting or refusal of dramshop licenses by the city; and all blanks 
used for licenses under state law shall be issued by the register and counter- 
signed by the comptroller, and but one application, petition and bond shall 
be required.] (M. C., sec. 2041.) 


Superseded by the State law. 


Sec. 2162. Obscene paintings prohibited.—No immoral or obscene 
paintings or pictures shall be exposed to view in any dramshop. [Any 
keeper of a dramshop who shall violate this section shall be liable to all 
the penalties prescribed in section 2158.] (M. C., sec. 2042.) 


The portion in brackets is displaced by the statutes. 


Sec. 2163. Dramshop in house of prostitution prohibited.— 
No dramshop shall be licensed or permitted to be kept or maintained in 
any house or building used for the purposes of prostitution or as a house 
of assignation or ill-fame. [If, after a dramshop_ license is granted, the 


RY Eo Val Ved OF FORTUNE TELLERS AND ASTROLOGISTS. 1029 


building in which the dramshop is located shall be used for the above- 
mentioned purposes or any of them, then the license granted shall be null 
and void.|] (M. ©., sec. 2043.) 


Sec. 2164. Penalty.—Whoever shall violate any of the provisions 
of this article shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined in a sum of not less than fifty nor more than 
three hundred dollars. (M. C., sec. 2044.) 


Sec. 2165. Duty of license commissioner to enforce.—{ It shall 
be the special duty of the license commissioner to see that the provisions 
of this article are enforced.] (M. C., sec. 2045.) 


This is, of course, displaced by the statute conferring jurisdiction on the 
extise commissioner. 


ARTICLE V. 


OF ELECTRIC BATTERIES. 


Sec. 2166. License required—term of.—It shall be unlawful for 
any person to exhibit any electric battery in the City of St. Louis without 
first having obtained from the license collector a license therefor. Said 
license shall not be transferable and shall be issued for twelve months. 
(M. C., sec. 2046.) 7 


For authority of Charter, see Art. III, sec. 26, clause 5B. 


Sec. 2167. Amount of license.—For a license under the provis- 
ions of this article the applicant shall pay twenty-five dollars in advance. 
(M. C., sec. 2047.) 


Sec. 2168. Penalty.—Any person violating the provisions of this 
article shall be guilty of a misdemeanor, and upon conviction thereof, shall 
be fined not less than twenty-five dollars nor more than one hundred dol-, 
lars for each offense. (M. C., sec. 2048.) 


ARTICLE VI. 


OF FORTUNE TELLERS AND ASTROLOGISTS. 


Sec. 2169. Fortune tellers and astrologists to be licensed. 
No person shall exercise, within the City of St. Louis, the business, pro- 
fession or avocation of a fortune teller or astrologist, without first procur- 
ing a license therefor, as hereinafter provided. (M. ©., sec. 2049.) 


Authorized by Charter, Art. III, sec. 26, clause 5. 


Sec. 2170. Terms defined.—A fortune teller is one who, for a com- 
pensation, tells or pretends to foretell the events of one’s life, or one who 
pretends to a knowledge of future events. An astrologist is one who, for 
a compensation, pretends to foretell the future events of one’s life by as- 
pect or situation of the stars. (M. C., sec. 2050.) 


Sec. 2171. Amount of license.—There shall be levied and col- 
lected for every license so issued to a fortune teller or to an astrologist, 
entitling him or her to practice their [his or her] profession for one year, 
the sum of one hundred dollars. (M. C., sec. 2051.) 


1030 REVISED CODE OR GENERAL ORDINANCES. (CHAP Ham 


See. 2172. Penalty.—-Any person who shall violate any of the pro- 
visions of this article shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than one hundred nor more than 
two hundred dollars for each offense. (M. C., see. 2052.) 


ARTICLE VIL. 
OF HOTELS AND BOARDING HOUSES.* 


Sec. 2173. Hotel and boarding-houses defined.—A house where 
persons are furnished with either board or lodging, or both, for a com- 
pensation, paid, or to be paid, therefor, and having more than four bed- 
rooms for the use of guests, is a hotel or boarding-house within the amean- 
ing of this article. (M. C., sec. 2053.) 


Sec. 2174. Amount and term.—There shall be levied and _ col- 
lected for every hotel or boarding-house the sum of fifty cents for each 
and every room in such house, which has been constructed or intended to 
be used as bedrooms or parlors, the payment of which amount shall entitle 
such hotel or boarding-house to a license for one year, and no license shall 
be issued for a less term than one vear. (M. C., sec. 2054.) 

By ordinance 22573, approved Oct. 2, 1906, (after submission to the Assembly 
of the Rev. Code, so that the same could not be included herein), this section 


was amended by adding thereto the words: “said license in each case to run 
from the first day of February of such year,” 


Sec. 2175. Penalty.—Any person, firm or corporation who shall keep 
a hotel or boarding-house without first having obtained a license therefor, 
according to the provisions of section 2174, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined in double the 
amount required for license for such hotel or boarding-house, not exceed- 
ing, however, the sum of five hundred dollars; but nothing in this article 
shall be so construed as to mean houses where relations of the family only 
are boarding for a compensation. (M. ©., sec. 2055.) 


ARTICLE VIIL. 


Re at \ € 
OF HOUSE AND REAL ESTATE AGENTS AND BROKERS. ** 


Sec. 2176. House and r " 
person or firm composed of one or more persons, who shall act as agent 
for any party in the leasing, renting or selling of houses or real estate at 
private or public sale, or who shall receive or collect rents for another for 
a commission or other compensation, or who shall advertise or hang out 
any sign or device which shall designate him as an agent for the renting, 
collecting rents, leasing or selling of houses or real estate, shall be consid- 

ered as house or real estate agent. (M. C., sec. 2056.) 


*The provisions of this article (7) upheld: St. Louis vs. Bircher, 76 Mo. 431, af- 
firming 7 Mo. App. 169. Charter authority: Art. III, sec. 26, clause 5. 


**The provisions of this article (8) were sustained as within the Charter 
powers of the city to enact and as not being unconstitutional in St. Louis vs. Mc- 
Cann, 157 Mo. 301. See Charter, Art. III, sec. 26, subdivision 5; but that clause 
does not confer power to require agents to take down premises that may be un- 
safe: St. Louis vs. Kaime, 180 Mo. 309, 316. 


ART. IX.] OF INTELLIGENCE OFFICES. 1031 


Sec. 2177. Real estate broker defined.—A real estate broker 
is one who for commission or other compensation is engaged in the selling 
of or negotiates sales of real estate belonging to others. (M. C., sec. 2057.) 


See. 2178. Amount—penalty.—Every person or firm composed of 
one or more persons engaged in the business defined in the foregoing sec- 
tions shall pay an annual license of twenty-five dollars, which shall be pay- 
able before any such person or firm shall be permitted to transact any busi- 
ness; and if such person or persons fail to pay said license, then he or they 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be 
fined not less than one hundred dollars nor more than two hundred dollars. 
(M. C., sec. 2058.) 


This section is amended by ord. No. 22597, approved Oct. 15, 1906 (too late 
for insertion in Rev. Code). See same set forth in the Appendix. 


ARTICLE IX. 
OF INTELLIGENCE OFFICES. 


Sec. 2179. Intelligence office defined.—Whosoever shall upon or 
keep an office or place in the city for the purpose of obtaining employment 
for others, or obtaining employes for others, or giving information whereby 
employers or employes may be obtained for a compensation to be paid by 
either party, shall be deemed to be the keeper of an intelligence office. (M. 
C., sec. 2059.) 


Sec. 2180. License required—application—license to be 
posted.— No person shall keep an intelligence office in this city without a 
license therefor, first had and obtained from the license collector, for which 
such person shall pay the sum of three hundred dollars per annum. The 
license collector shall issue all licenses provided for by this article; pro- 
vided, that such application for a license shall be in writing and shall state 
where the proposed intelligence office shall be kept; and provided, that no 
license shall be granted under this article until the license collector has 
procured from the police commissioners an indorsement on the back of the 
application to the effect that in their opinion the applicant is a person of 
good moral character. Every person holding such license shall keep a copy 
of this article conspicuously hung up in his or their office. (M. C., sec. 
2060.) 


Charter authority: Art: Ili, sec. 26, clause 5. 


See. 2181. Deception by keepers—penalties.—Any keeper of 
an intelligence office who shall make any willful misrepresentation, or re- 
ceive money for positions, either directly or indirectly, unless position is 
secured, or who shall willfully deceive any person, or who shall ask, de- 
mand or receive any unusual or exorbitant fee, or be guilty of any decep- 
tion whatever, to any person who may employ him or her, as the case may 
be, shall be deemed guilty of a misdemeanor and upon conviction thereot 
shall be fined for each offense not less than fifty dollars, and the license of 
such persons shall thereby become forfeited, and he shall be incompetent, 
thereafter, to receive a license under the provisions of this article; provided, 
however, that this section shall in nowise appertain or apply to the em- 
ployment bureaus of benevolent or fraternal societies. (M. C., sec. 2061.) 


See. 2182. License may be revoked.—The mayor shall have 
power and authority, on good cause shown, to revoke any license issued 


1032 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


under this article, and upon such revocation shall certify the same to the 
license collector; provided, however, that the person or persons complained 
of shall have a reasonable opportunity to defend themselves; and, provided, 
further, that each license issued by virtue of this article shall express on 
its face that it is received and held subject to be revoked at the pleasure 
of the mayor. (M. C., sec. 2062.) 


Sec. 2183, Penalty.—Every person who shall violate or fail to com- 
ply with the provisions of section 2180 shall be guilty of a misdemeanor, 
and on conviction thereof, be fined not less than one hundred dollars. (M. 
C., sec. 2063.) 


ARTICLE X. 


OF MANUFACTURERS.* 
Sec. 2184. Manufacturer defined.—Every person, firm or corpora- 
tion, who shall hold or purchase personal property for the purpose of add- 
ing to the value thereof, by any process of manufacturing, refining, or by 
the combination ef different materials, or shall purchase and sell manu- 
factured articles such as [he manufactures] or uses in manufacturing, 
shall be held to be a manufacturer for the purposes of this article, except 
as is or may be otherwise provided by ordinance. (M. C., sec. 2064.) 


Sec. 2185. License required—amount, ete.— Every person de- 
fined to be a manufacturer by the preceding section shall, before doing or 
offering to do business as such, procure from the license coliector a license 
therefor, under the provisions of this article, for which there shall be paid 
the same rate as merchants are required to pay for a license; provided, in 
collecting license on the sales of tobacco of any kind, on high-wines and on 
beer, the manufacturer shall be permitted to deduct the amount of tax paid 
the United States from the total sales made by him or them, and if he shall, 
within the City of St. Louis, do or offer to do any manufacturing business 
without first complying with the provisions of this article, or shall other- 
wise violate or fail to comply with any of the provisions of this article, 
he shall be deemed guilty of a misdemeanor, and on conviction thereof shall 
be fined not less than twenty-five dollars nor more than five hundred dol- 
lars for each offense. No license shall be assignable or transferable. (M. 
©., sec. 2065.) 


Sec. 2186. Statement of manufacturer required—license, 
when paid—publication.—The license collector or his deputies shall, after 
the first Monday of March and before the first Monday in June in each 
year, call on each and every person defined by this article to be a manufac- 
turer, and notify him to furnish, and it shall be the duty of such person, 
whether so notified or not, to furnish said license collector: First, a state- 
ment of the value of the greatest aggregate amount of raw materials, mer- 
chandise and finished products (to be listed separately) which he had on 
hand between the first Monday of March and the first Monday in June in 
each year on any one day between said times, as well as all tools, machinery 
and appliances used in conducting his business or owned by him on the first 


*Charter authority: Art. III, sec. 26, clause 5. Statutory authority of city to 
tax manufacturers, see R. S. 1899, secs. 9397, 9398, being set forth herein in State 
Laws for St. Louis, sec. 496, page 191. 


ART, He] OF MANUFACTURERS. 1033 


day in June of each year. Second, a statement of the aggregate amount 
of all sales made by him during the year next preceding the first Monday 
of June, which ‘statement shall be made in writing and delivered to the 
license collector, verified by the affidavit of the manufacturer, or officer 
of the corporation making it, if residing in the city; if not, then by some 
credible person authorized to do so, and the amount of tax and license due 
thereon shall be paid to the license collector, at his office, on or before the 
first Monday of July in each year. It shall be the duty of the license col- 
lector, when so directed by the comptroller, to give notice by publication 
in the papers doing the city printing of any of the provisions or require. 
ments of this article. (M. C., sec. 2066.) 


Sec. 2187. Ad valorem tax, to be levied.—In addition to 
the license hereinbefore provided for, there shall be levied and collected on 
the value of the raw materials, merchandise and finished products, tools 
and machinery and appliances contained in the statement as aforesaid, an 
annual ad valorem city tax at the same rate as is required by ordinance for 
the taxing of merchants, within the several districts of the city, which tax 
and license hereinbefore mentioned shall be paid to the license collector, on 
or before the first Monday of July in each and every year. (M. C., sec. 
2067.) 


Sec. 2188. Form of license.—It shall be the duty of the comp- 
troller to furnish the license collector with blank licenses, which license 
shall be charged to the license collector, and his receipt taken therefor. 
Said license shall be in the following form: No. manufacturers’ city 
license. The City of St. Louis: To all who shall see these presents, 
greeting: Know ye that having paid , license collector of the 
City of St. Louis, the sum of dollars, being the license tax upon 
as manufacturer; therefore the said is hereby authorized to manu- 
facture the following articles, viz.: except as otherwise provided by 
ordinance, at any one place of business within the city for the year ending 
on the first Monday of July, 19—, and to sell and dispose of such articles 
so manufactured at the same place, or any other one place in the city. In 


testimony whereof, I ——, comptroller of the City of St. Louis, have here- 
unto set my hand this day of , 19—, , comptroller. Attest: 

, Register. Tax , license ——, Delivered this ——— day of ——, 
19—, , license collector. (M. C., sec. 2068.) 


Sec. 2189. Licenses issued—to compare with stubs of 
blanks.—The blank licenses provided for in the next preceding section 
shall be bound in book form with suitable margins or stubs, on which shall 
be made and entered the sworn statements required by this article. There 
shall also be entered upon the margins or stubs the amount of tax and 
license collected in accordance with the statement so made; said margins 
or stubs shall be returned with the license collector’s statement of the items 
and aggregate amount collected to the comptroller, who shall examine and 
compare the same and charge the aggregate amount collected to the license 
collector. (M. C., sec. 2069.) 


Sec. 2190. Bond.—When any manufacturer, manufacturing firm or 
corporation shall commence the business of manufacturing in the City of 
St. Louis, after the first Monday in July in any year, he or they shall take 
out a manufacturers’ license therefor, but before any such license shall be 
issued to him or them, he or they shall execute a bond to the city, with 


1034 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


two or more sufficient securities, who shall be freeholders at the time, or 
deposit with the license collector bonds of the City of St. Louis or other 
securities of equal value, conditioned that he or they will after the first 
Monday of June next succeeding and before the first Monday of July 
thereafter, furnish to the license collector, first, a statement, verified as 
therein required, of the value of the greatest aggregate amount of raw ma- 
terials, merchandise and finished products (to be listed separately), which 
he had on hand between the first Monday of March and the first Monday 
of June on any one day between said times, as well as all tools, machinery 
and appliances used in conducting his or their business, or owned by him 
or them on the first day of June; second, a statement, verified as herein re- 
quired, of the aggregate amount of all sales made by them during the year 
or part of year from the time he or they commenced business to the first 
Monday of June next succeeding, and that he or they will pay to the license 
collector the ad valorem tax and license due upon the amounts of such state- 
ments, which bond or securities shall be in such sum as the license collector 
may deem sufficient to protect the city’s interest, and shall be approved by 
the license collector and his approval indorsed thereon, and upon which 
statement there shall be paid the same rate of taxes and license as other 
manufacturers pay; but the amount of ad valorem tax demanded shall be 
such a fraction of the full annual tax as the time from the day on which 
business was commenced on the first Monday of July, next succeeding, 
bears to one year; and every such manufacturer, manufacturing firm or 
corporation who shall fail or neglect to perform and fulfill the conditions 
of the bond executed by him or them, as herein provided, shall be deemed 
to have forfeited said bond, and in that event it shall be the duty of the 
comptroller to cause suit to be instituted thereon against the principal 
and all sureties of such bond, in the court having jurisdiction, or make 
sale of the securities deposited with him instead of a bond at public sale 
after having given ten days’ notice thereof in the newspaper doing the city 
printing. _(M. C., sec. 2070.) ; 


Sec. 2191. Account sales open to license collector.—It 
shall be the duty of each manufacturer, manufacturing firm or corporation 
to keep in a proper book and entered in ink an account of all sales made 
by him or them, which accounts shall always be open to the inspection of 
the license collector, to verify the returns made to him. The statements 
or returns made to the license collector under the requirements of this ar- 
ticle shall not be made public, nor shall they be subject to the inspection 
of any person except the mayor, comptroller and members of the municipal 
assembly. (M.C., sec. 2071.) 


Sec. 2192. Penalty for failure to make _ statement.—In 
case any manufacturer, manufacturing firm or corporation shall fail, neg- 
lect or refuse to deliver the statements herein required, or pay the license 
and tax levied by this article on or before the first Monday in July of each 
year, he or they shall be deemed guilty of a misdemeanor, and on convic- 
tion thereof shall be fined as provided in section 2185, and in addition 
thereto the license collector shall assess the raw materials, merchandise, 
finished product, tools, machinery and appliances, and aggregate amount 
of all sales of such manufacturer, manufacturing firm or corporation, at 
double their value, to be ascertained from the best information he can ob- 
tain, and he shall report the delinquent to the city attorney. (M. C., sec. 
2072.) : 


Sec. 2193. Penalty for making false statement. 
shall make or file with the license collector under the provisions of this 


Whoever : 


pen 


> . 3 - a = = _ 4 *¢ = 4 > = Fil te fe 
Sr er at SS i li BS HRA 


f 
’ 
ue 


i. | 


ART. XI.] OF MERCHANTS. 1035 


article, a false statement under oath, shall, on conviction thereof, forfeit 
his license and pay a fine of not exceeding five hundred dollars. And it 
shall be the duty of the license collector to carefully examine all statements 
filed with him, and to prosecute all violations of this article, according to 
law; provided, that before instituting any such prosecution, he shall give 
the manufacturer an opportunity of explaining his statement and of correct- 
ing it, if inadvertently made. And if it shall appear to the license collector 
that such false statement was willfully and corruptly made, he shall report 
all the facts to the grand jury. (M. C., sec. 2073.) 


ARTICLE XI. 
OF M HRC HANTS. * 


See. 2194. Merchant—term defined.—Whoever shall deal in the 
selling of any goods, wares or merchandise at any store, stand or place occu- 
pid for that purpose within the city, or at the Merchants’ Exchange, is 
hereby declared to be a merchant, except as is or may be otherwise provided 
by ordinance. (M. C., sec. 2074.) 


See foot-note. 


Sec. 2195. License required.—Every person defined to be a mer- 
chant by the preceding section shall, before doing or offering to do the 
business as such, procure from the license collector a license therefor, under 
the provisions of this article, and if he shall, within the City of St. Louis, 
sell or offer for sale any goods, wares or merchandise, without first com- 
plying with the provisions of this article, or shall otherwise violate or fail 
to comply with any of the provisions of this article, he shall be deemed 
guilty of a misdemeanor, and on conviction thereof, be fined not less than 
twenty-five dollars nor more than five hundred dollars for each offense. 
(M, C., sec. 2075.) 


See. 2196. License cannot be assigned.—No license — shall 
be assignable or transferable. (M. C., sec. 2075a.) 


Sec. 2197. Statement of merchants.— The license collector 
or his deputies shall, after the first Monday in March and before the first 
Monday of June in each year, call on each and every person defined by this 
article to be a merchant, and notify him to furnish, and it shall be the 
dtaty of such person whether so notified or not to furnish, said license col- 
lector: First, a statement of the value of the largest amount of all goods, 
wares and merchandise which he may have had in his possession or under 
his control at any time between the first Monday of March and the first 
Monday of June in each year; second, a statement of the aggregate amount 
of all sales made by him during the year next preceding the first Monday of 
June, which statement shall be made in writing and delivered to the license 


*As to statutory power of city to tax merchants, see R. S. 1899, secs. 9397 and 
9398 (State Laws for St. Louis, p. 190-191; secs. 495-496); for charter power, see 
Charter, Art. III, sec. 26, clause 5, and notes. Term “Merchant” defined as used in 
divers charter, statute or ordinance provisions: Canton vs. McDaniel, 188 Mo. 207; 
Kansas City vs. Vindquest, 36 Mo. App. 584; Kansas City vs. Larber, 64 Mo. App. 
604; Kansas City vs. Johnson, 78 Mo. 661; St. Joseph vs. Dye, 72 Mo. App. 214; Troy 
vs. Harris, 102 Mo.. App. 51. 


As to validity of merchants’ tax, see Aurora vs. McGannon, 138 Mo. 88; St. 
Louis vs. Steinberg, 69 Mo. 289; Canton vs. McDaniel, 188 Mo. 207; Troy vs. Har- 
ris, 102 Mo. App. 51. : 


1036 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31, 


collector, verified by the affidavit of the merchant or officer of the corpor- 
ation making it if residing in the city; if not, then by some credible person 
duly authorized to do so, and the amount of the tax and license due thereon 
Shall be paid to said collector at his office on or before the first Monday of 
July in each year. It shall be the duty of the license collector, when so 
directed by the comptroller, to give notice by publication in the papers do- 
ing the city printing of any of the provisions or requirements of this ar- 
ticles; 1 MiG. secs 20760) 


See. 2198. Ad valorem and additional tax—rate—time 
of payment.—There shall be levied and collected on the value of the 
largest amount of all goods, wares and merchandise stated as aforesaid an 
ad valorem tax of one-fifth of one per centum on the value of all such goods, 
wares and merchandise, situated within the limits of the City, for municipal 
purposes. This tax shall be paid to license collector on or before the 
first Monday of July in each year, together with a license which shall be 
paid every year by the merchant, mercantile firm or corporation (in ad- 
dition to the per centum hereinbefore stated) of one dollar on each one 
thousand dollars or fractional part thereof, of sales made by such merchant, 
mercantile firm or corporation, provided that no license shall be issued 
under the provisions of this article for a less sum than five dollars, which 
sum shall be paid by each merchant, mercantile firm or corporation doing 
a business of five thousand dollars or less per annum. (Ord. 20600 amend- 
ing M. C. sec. 2077.) 


Sec. 2199. Form of license.—It shall be the duty of the comp- 
troller to furnish the license collector with all blank licenses, which licenses 
shall be charged to the license collector and his receipt taken therefor. 
Said licenses shall be in the following form: Merchant’s city license, No. | 
——. The City of St. Louis: To all who shall see these presents, greet- 
ing: Know ye that having paid to ——, license collector of the City 
of St. Louis the sum of ——— dollars, being the tax and license upon 
as a merchant, therefore the said is hereby authorized to sell any 
goods, wares and merchandise of any description, except as otherwise pro- 
vided by ordinance at any one store, stand or place of business within the 
city, or at the Merchants’ Exchange, for the year ending on the first Monday 


of July, 19—. In testimony whereof, [, , comptroller of the City of 
St. Louis, have hereunto set my hand this day of , 19—. — 
Comptroller. Attest: , Register. Tax, ; license, ——.  De- 


livered this 
2078.) 


day of ——, 19—, , License Collector. (M. C., sec. 


Sec. 2200. Licenses issued to correspond with stubs.—The 
blank licenses provided for in the next preceding section shall be bound in 
book form, with suitable margins or stubs, on which shall be made and 
entered the sworn statements required by this article. There shall also be 
entered upon the margins or stubs the amount of tax or license collected in 
accordance with the statements so made; said margins or stubs shall be re- 
turned, with the license collectors statements of the items and aggregate 
amount collected, to the comptroller, who shall examine and compare the 
same, and charge the aggregate amount collected to said collector. (M. C., 
sec. 2079.) 


Sec. 2201. Bond.—When any merchant, mercantile firm or corporation 
shall commence business in the City of St. Louis, after the first Monday in 


ART. XI.] OF MERCHANTS. 1037 


July, in any year, he or they shall take out a merchant’s license therefor, 
but before any such license shall be issued to him or them, he or they shall 
execute a bond to the city, with two or more sufficient securities, who shall 
be freeholders at the time, or deposit with the license collector bonds of 
the City of St. Louis or other securities of equal value, conditioned that 
he or they will, on or before the first Monday of July next following, fur- 
nish to the license collector, first, a statement verified as required by this 
article, of the value of the largest amount of all goods, wares and mer- 
chandise he or they had on hand or subject to their control at any time 
between the first Monday of March and the first Monday of June next suc- 
ceeding; second, a statement, verified as required by this article, of the 
aggregate amount of all sales made by them between the date upon which 
he or they commenced business and the first Monday of June next succeed- 
ing, and that he or they will pay to said collector the ad valorem tax and 
license due according to the provisions of this article, which bond or securi- 
ties shall be in such sums as the license collector may deem sufficient to 
protect the city’s interest, and shall be approved by him and his approval 
indorsed thereon. Upon such statements there shall be paid the same rate 
of taxes and license as other merchants pay, but the amount of ad valorem 
tax demanded shall be such a fraction of the full annual tax as the time 
from the day on which the business was commenced to the first Monday of 
July next succeeding bears to one year, and every such merchant, mer- 
cantile firm or corporation who shall fail. or neglect to perform or fulfill 
the conditions of the bond executed by him or them as herein provided, shall 
be deemed to have forfeited said bond, and in that event it shall be the duty 
of the comptroller to cause suit to be instituted thereon against the prin- 
cipals and all such securities of such bond in the court having competent 
jurisdiction, or make sale of the securities deposited with him instead of a 
bond, at public sale, after having given ten days’ notice thereof in the news- 
papers doing the city printing. (M. C., sec. 2080.) 


See. 2202. Account sales to be open to inspection.—lIt 
shall be the duty of each merchant, mercantile firm or corporation to keep 
a proper book, and entered in ink, an account of all sales made by him or 
them, which account shall always be open to the inspection of the license 
collector to verify the returns made to him. The statements or returns 
made to the license collector under the requirements of this article shall 
not be made public, nor shall they be subject to the inspection of any per- 
son except the mayor, comptroller and members of the municipal assembly. 
SME Gs sec. 20812) 


Sec. 2203. Penalty for failure to make statement or pay 
license. —In case any person, mercantile firm or corporation shall fail, 
neglect or refuse to deliver the statement herein required and pay the tax 
and license levied by this article on or before the first Monday of July in 
each year, he or they shall be deemed guilty of a misdemeanor, and, on 
conviction, shall be fined as provided for in section 2195, and in addition 
thereto the license collector shall assess the goods, wares, merchandise and 
ageregate amount of sales of such merchant, firm or corporation at double 
their value, to be ascertained by the best information he can obtain, and he 
shall also report the delinquent to the city attorney. (M. C., sec. 2082.) 


Sec. 2204. Penalty for making false statement.—Whoever 
shall make or file with the license collector, under the provisions of this 
article, a false statement under oath, shall, on conviction thereof, forfeit 
his license and pay a fine not exceeding five hundred dollars; and it shall 


1038 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


be the duty of the license collector to carefully examine all statements filed 
with him and to prosecute all violations of this article according to law; 
provided, that before instituting any such prosecution he shall give the 
mmerchant an opportunity of explaining the statement and correcting it if 
inadvertently made; and if it shall appear to the license collector that such 
false statement was willfully and corruptly made, he shall report all bis: 
facts to the grand jury. (M. C., see. 2083.) 


Sec. 2205. Article construed.—The provisions of this article shall 
not be construed to authorize any person to carry on the business of a 
keeper of a dramshop of either first or second class, as defined by article 
four of this chapter. (M. C., sec. 2084.) 


ARTICLE XII. 


’ 


OF ORDINARIES OR RESTAURANTS.* 


Sec. 2206. Ordin ies are places where meat. 
fruit or other articles of food are offered for sale, to be used, eaten or con- 
sumed in, or at said places. (M. C., sec. 2085.) 


Sec. 2207. Olasses of ordinaries or restaurants—amount of 
licenses—time license covers.— Ordinaries or restaurants are herebv 
divided into four classes: Ordinaries or restaurants of the first class are 
those with a seating capacity for one hundred or more patrons or guests; 
ordinaries or restaurants of the second class are those with a seating ca- 
pacity for more than fifty and less than one hundred patrons or guests; 
ordinaries or restaurants of the third class are those with a capacity for 
seating twenty or less than fifty patrons or guests; ordinaries or restaurants 
of the fourth class are those with a capacity for seating twenty or less 
patrons or guests. 


On all ordinaries or restaurants of the first class there shall be levied 
and collected as a license the sum of fifty dollars, which license shall au- 
thorize the party therein named to carry on the business of an ordinary or 
restaurant of the first class for a term of six months. On all ordinaries or 
restaurants of the second class there shall be levied and collected as a 
license the sum of thirty dollars, which license shall authorize the party 
therein named to carry on the business of an ordinary or restaurant of the 
second class for a term of six months. On all ordinaries or restaurants of 
the third class there shall be levied and collected as a license the sum of 
ten dollars, which license shall authorize the party therein named to carry 
on the business of an ordinary or restaurant of the third class for a term of 
six months, and on all ordinaries or restaurants of the fourth class there 
shall be levied and collected as a license the sum of five dollars, which 
license shall authorize the party therein named to carry on the business of 
an ordinary or restaurant of the fourth class for a term of six months. 
(Ord. 20528, amending M. C., sec. 2086.) 


Amended by ordinance 22596, approved Oct. 15, 1906 (too late to appear in 
this revision). See ordinance in Appendix to Rev. Code. 


Sec. 2208. Penalty for doing business without proper license. 
—Any person or persons, firm or corporation who shall carry on the business 


*City’s authority to license, tax and regulate ordinaries: Charter, Art. ITI,’ 


sec. 26, clause fifth. 


c 


ART. XIII. ] OF PAWN BROKERS. 1039 


of an ordinary or restaurant of any said classes without first obtaining a 
license therefor from the License Collector, or who, under a license for an 
ordinary or restaurant of one class, shall carry on the business of an ordi- 
nary or restaurant of a higher class, shall be deemed guilty of a misde- 
meanor and upon conviction thereof shall be fined not less than twenty-five 
dollars nor more than one hundred dollars.  (Jb.) J 


Amended by ord. 22596. See preceding note. 


ARTICLE XITTI. 


OF PAWNBROKERS.* 


Sec. 2209. Pawnbroker defined.— Any person who loans money 
on deposit of personal property, or who deals in the purchase of personal 
property on condition of selling the same back again at a stipulated price, 
or who makes a public display at his place of business of the sign generally 
used by pawnbrokers to denote their business, to wit: “Three gilt or yel- 
low balls,” or who publicly exhibits a sign of “Money to loan on personal 
property or deposit,” is hereby declared to be a pawnbroker. (M. C., sec. 
2087.) 


Sec. 2210. License and affidavit required.—No person shall do 
business as a pawnbroker in the city without having first obtained a license 
therefor; such license shall conform to those now in use as provided by 
ordinance, with a form of affidavit attached thereto, which the applicant 
shall subscribe and make oath that he will faithfully carry out the provis- 
ions of this article. (M. C., sec. 2088.) 


Sec. 2211. Bond to be given.—Every person to whom a license 
shall be granted to carry on the business of a pawnbroker shall annually 
enter into bond to the city, with good and sufficient security, to be ap- 
proved by the license collector, in the penal sum of one thousand dollars. 
conditioned that he will duly observe all such ordinances as may be passed 
or in force respecting pawnbrokers. (M. C., sec. 2089.) 


_ See. 2212. Register to be Kept and tickets given.—Every 
pawnbroker shall keep a register of all loans and purchases of all articles 
effected or made by him, which register shall show the date of all loans or 
purchases, And the names of all persons who have left any description of 
property on deposit as a collateral security or as a delivery on sale thereof. 
Opposite such name and date shall be written in plain hand a full descrip- 
tion of all such property purchased or received on deposit as collateral se- 
curity, the time when the loan falls due, the amount of purchase money. 
the amount loaned and the interest charged. In addition to this, he shall 
give the party negotiating or selling a plain written or printed ticket for 
the loan, and a plain written or printed receipt of the articles purchased, 
having on each a copy of the entries required by ordinance to be kept in 


*Authority of city to license, tax and regulate pawnbrokers: Charter, Art. 
III, sec. 26, clause 5. State rawnbroker laws: R. S. 1899, secs. 8858-8860. Ordi- 
nance provisions of St. Joseph upheld as constitutional and as being a police 
regulation; see St. Joseph vs. Levin, 128 Mo. 588. The usury act of 1891, p. 179, 
applies to pawnbrokers; if more than two per cent per month is charged, the se- 
curity is released, because the pledge becomes “invalid and illegal,” and the owner 
is not required to tender the amount due and interest, before suing in conver- 
sion: Hilgert vs. Levin, 72 Mo. App. 48. 


+ 


1040 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 81) 


his register. For the ticket or receipt he shall not be entitled to make any 
charge. (M. C., sec. 2090.) 


Sec. 2213. Register open to inspection.—The said register shall 
at all times be open to the inspection of the mayor, chief of police, city 
attorney, sheriff, marshal or constable, within or for the City of St, Louis, 
or any or either of them, or of any person who shall be duly authorized in 
writing for that purpose by any or either of them, ae who shall exhibit 
such written authority to the pawnbroker. (M. C., sec. 2091.) 


Sec. 2214. License and conditions of isSue.—Every pawnbroker 
shall pay a license to the city at the rate of four hundred dollars per 
annum; provided, no license shall be issued for less than six months; and 
provided, that every application for a license shall be made in writing to 
the license collector, and shall state where the business is to be carried on; 
and before any license shall be issued the license collector shall procure 
from the police commissioners an indorsement on the back of the applica- 
tion therefor, to the effect that in their opinion the applicant has a ee 
moral Chennai (M. ©., sec. 2092.) 


Sec. 2215. Certain pledges prohibited. 
ceive by way of pledge or pawn any goods, articles or things whatever from 
a minor at any time, nor from any person between the hours of eight o’clock 
p. m. and seven o’clock a.m. (M. C., sec. 2093.) 


Sec. 2216. Loans on parts of article prohibited. 


broker shall make any loan on the separate or divided part or parts of any 
article. (M. C., sec. 2094.) 


Sec. 2217. Statement to license collector; place of business. 
—LEvery pawnbroker doing business under the provisions of this article shall 
file with the license collector the street and number where his business is 
carried on, and shall not be allowed to have more than one place for trans- 
acting the business of pawnbroker, without having first obtained a license 
for such place of business, nor shall it be lawful for any one to act as agent 
for a pawnbroker at any other place than the stated place of business filed 
with the license collector. (M. C., sec. 2095.) 


Sec. 2218. awnbroker who shall neglect, violate or 
refuse to comply with any or either of the provisions of this article shall be 
deemed guilty of a misdemeanor, and on conviction thereof, be fined not less 
than fifty nor more than five hundred dollars, and in addition thereto his 
license may be forfeited to the use of the city, if it be so adjudged by the 
mayor. (M. C., sec. 2096.) 


ARTICLE XIV. 
OF PEDDLERS AND HAWKERS.* 


*As to city’s authority to license, tax and regulate, see Charter, Art. III, sec. 
26, clause 5. Rev. St. 1899, sec. 6146, prohibits all cities from collecting any tax, 
license or fees from a farmer or producer for sale of produce raised by him when 
sold from his own wagon or by person in his employ; and sec. 8861 ef seg. of 
R. S. 1899 defines who are peddlers and regulates licensing them; and it is held, 
in St. Louis vs. Meyer, 185 Mo. 583, that persons coming within the protection of 
these statutes, and not taxable or licensable thereunder, cannot be declared to 


ART. XIV.] OF PEDDLERS AND HAWKERS. 1041 


be peddlers or hawkers by ordinances so declaring, and that hence the provisions 
below (forming this article) are void in so far as they attempt to impose on a 
farmer, coming to the city and selling his own produce, a license, tax or fee; the 
court also holds, in that case, that the terms “peddler”’ and “hawker” are equiva- 
lent in law, and also that the State law prevails, although passed after the char- 
ter was adopted; also that a farmer selling his goods is not engaged in the 
business of a peddler or hawker as defined in the ordinance, that being a mere 
incident to his business as farmer. 


As to who are peddlers under the provisions of R. S. 1899, sec. 8861, see St. 
Louis vs. Meyer, supra; Moberly vs. Hoover, 93 Mo. App. 663; State vs. Snoddy, 128 
Mo. 523, following State vs. Emmert, 103 Mo. 241; agent selling for his firm not 
peddler: State vs. Hoffman, 50 Mo. App. 585 (various definitions given in main 
and dissenting opinions); articles manufactured in another state; State vs. Snoddy, 
supra; State vs. Emmert, supra; State vs. Welton, 55 Mo. 288; State vs. Parsons, 
124 Mo. 436. 


Sec. 2219. License require d—misdemeanor—penalty.— 
It shall not be lawful for any person to carry on the business of a peddler 
or hawker without obtaining a license therefor, and any person who shall 
so carry on the business of peddler or hawker without first having obtained 
a license, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall pay a fine of not less than twenty-five dollars, nor more than 
one hundred dollars. (M. C., sec. 2097.) 


Sec. 2220. Peddlers defined.—Iivery person who shall deal in the 
selling of patent or other medicines, goods, wares and merchandise, except 
books, charts, maps and stationery, is declared to be a peddler. (M. C., see. 
2098.) 


See cases and statutory provisions cited in note to the heading of this article; 
section inconsistent in part with State law: St. Louis vs. Meyer, 185 Mo. 583. 


Sec. 2221. Hawkers defined.—Any person who sells or offers for 
sale in any wagon, vehicle or other conveyance, drawn by hand or otherwise, 
in streets, alleys or other thoroughfares or public places, by outery or by 
going from place to place in the city, any fruit, vegetable, poultry, game, 
and ice cream, or other articles of food, is hereby declared to be a hawker. 
(M. C., sec. 2099.) 


‘“Hrawker” and “peddler”’ are usually equivalent terms in law: State vs. 
Meyer, 185 Mo. 583, 595. 


Sec. 2222. License—amount—regulations.—There shall be levied 
and collected of every person carrying on the business of a peddler or 
hawker, who carries the goods he offers for sale on foot or in push cart, 
the sum of ten dollars, and there shall also be levied and ‘collected of every 
person carrying on the business of peddler or hawker, who carries the goods 
he offers for sale in one-horse wagon, or other vehicle, the sum of fifteen 
dollars, and for a two-horse wagon or other vehicle the sum of twenty-five 
dollars, the payment of which shall entitle such peddler or hawker to a 
license for a period of twelve months, and shall exempt him from the pay- 
ment of a license for such vehicle. Every such license shall show the place 
of residence of such peddler or hawker, and such peddler or hawker shall 
have his name and the number of his license painted conspicuously on both 
sides of his wagon, or other vehicle, and shall carry such license with him 
and exhibit the same whenever required by any police or other officer au- 
thorized under the law or ordinances to make arrests. Any wagon peddler 
duly licensed under this article may have one driver to assist him, but no 
other assistants, while engaged in peddling or hawking, and only one person 


1042 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31, 


shall engage in peddling or hawking as foot peddler or with push cart under 
any license issued in pursuance of this article. (M. C., sec. 2100.) 


See note to article heading. This section was amended too late for insertion 
in the Code (after its submission to the Municipal Assembly) by ord. 22574, ap- 
proved Oct. 2, 1906, the amendment adding at the end of the section the words: 

’ “said license to run from the first day of June of each year.” (See Appendix.) 


Sec. 2223. Penalty.—Any person violating the provisions of this ar- 
ticle shall be deemed guilty of a misdemeanor, and shall be punished as pre- 
scribed in this article, and in addition thereto shall forfeit his license, and 
no license to engage in such business shall be issued to him within one year 
after such forfeiture. (M. C., sec. 2101.) 


Sec. 2224. Vehicle to be of dark color—flags, etc., pro- 
hibited. —No peddler or hawker shall be permitted to carry the articles 
offered by him for sale in any wagon, vehicle or other conveyance, drawn 
by hand or otherwise, unless the said wagon, vehicle or conveyance be one 
of uniform dark color; nor shall he be permitted to affix to or have on or 
about said wagon, vehicle or conveyance, any flag, ribbons, poles or other 
things calculated in any manner to scare or frighten horses, mules or oxen 
in the streets or other places within the city. And such wagon, vehicle or 
conveyance shall have placed conspicuously upon it at all times a number 
corresponding with the number of the hawker’s or peddler’s license. (M. C., 
sec. 2102.) 


Sec. 2225. Sales—times of prescribed.—No_ peddler, hawker, 
vender, or huckster shall cry or offer for sale his or her wares or merchan- 
dise, after nine o’clock p. m. of any day except Saturday, when they shall 
be negra to ery or sell their wares or merchandise until eleven o’clock 
p. ; provided, nevertheless, that no peddler, hawker, huckster or vender 
of any kind of merchandise shall be allowed to cry his or her wares, or stop, 
or remain, or engage in selling, or offering to sell, any kind of merchandise 
in the streets and alleys of the territory bounded by Clark avenue on the 
south, Wash street on the north, Fourth street on the east and Seventh 
street on the west, from eight o’clock a. m. to six o’clock p. m.; provided, 
further, that nothing herein contained shall be construed to permit hawkers 
or peddlers to sell or offer for sale by outery or by going from place to place 
on the public streets or alleys in the city, any fruit, vegetables or other 
articles of food or merchandise on a Sunday. Any peddler, hawker, vender 
or huckster who shall violate this article shall be fined ten dollars for each 
offense or violation. (M. C., see. 2105.) 


Sec. 2226. Person doing business without license to be 
arrested. is hereby made the duty of the marshal and members of 
the metropolitan police force, to arrest any person whom they shall find 
carrying on the business of a peddler or hawker without license or violating 
any of the provisions of this article. (MM. C., sec. 2104.) 


Sec. 2227. Register to be kept open for inspection. —It shall 
be the duty of the license collector to keep a register, in which shall be en- 
tered the names of all persons to whom he shall issue a license as peddler 
or hawker, their place of residence, respectively, the time for which such 
license was issued, and its number, which register shall be open at all times 
to the inspection of the marshal or his deputies, or the board of police com- 
missioners, or any member of the police force on the written request of the 
chief of police. (M. C., sec. 2105.) 


ART. XV.] OF RAILROAD TICKET BROKERS. 1043 


Sec, 2228. Term of license.—No license shall be issued under this 
article for a less period than twelve months, except such persons who hawk 
or peddle their goods, wares or merchandise on foot whose license shall be 
for six months, and except in case of peddlers or hawkers, who carry their 
goods on foot, who, if upon a full statement of the facts, appear to the license 
collector worthy of charitable consideration, and that the applicants are 
truly unable to pay license for the full period stated, in such cases the license 
collector, with the approval or upon the recommendation of the mayor, is 
authorized to issue licenses for shorter periods, not less than one month, at 
pro rata rates. (M. C., sec. 2106.) 


Sec. 2229. License not transferable.—No license shall be as- 
signable or transferable; nor shall the license taken out for a one-horse 
wagon, under any circumstances, be used or recognized for any portion of 
the license for a two-horse wagon. (M. C., sec. 2107.) 


Sec. 2230. Penalty.—Any violation of any section of this article, for 
which a penalty is not provided for, shall be deemed to be a misdemeanor, 
and the person or persons deemed guilty thereof, and upon conviction be- 
fore either of the police justices of this city, shall be fined in a sum not 
less than fifty nor more than five hundred dollars for each and every vio- 
lation, to be collected and paid as provided by charter and ordinance. (M. 
C., sec. 2108.) 


ARTICLE XY. 


OF RAILROAD TICKET BROKERS.* 


Sec. 2231. License required.—No person or copartnership of per- 
sons or company shall exercise within the City of St. Louis the business of 
broker or dealer in railway, railroad or steamboat passenger tickets with- 
out a license therefor as hereinafter provided. (M. C., sec. 2109.) 


Sec. 2232. Railroad ticket broker defined.—A railroad ticket 
broker or dealer is one who buys and sells or otherwise deals in railroad, 
railway or steamboat passenger tickets which may be lawfully sold by 
others than the duly authorized agents of the railroad or steamboat line 
over which such tickets purport to entitle the lawful owner to ride. (Ord. 
213849, amending M. C., sec. 2110.) 


See. 2233. Amount of license—period and terms.—There 
shall be levied and collected on every license granted under this article the 
sum of fifty dollars before the delivery thereof. Each license shall be grant- 
ed for one year, and on its face shall plainly express that it will be forfeited 
by any violation of this article, and shall also show plainly the time when 
it shall expire, together with the name of the person authorized to do busi- 
ness under the license, as also express on its face that the license shall en- 
title the person named therein to carry on the business of ticket broker at 
the office only. (M. C., sec. 2111.) 


Amended by ord. 22600, approved Oct. 15, 1906 (too late to appear in the re- 
vision. See Appendix). 


*See Charter, Art. III, sec. 26, clause 5. 


1044 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


Sec. 2234. Regulations as to what business permissable and 
manner of procedure—bond required—revocation of license. 
—No railroad ticket broker or dealer, or person authorized to do the business 
of a railway ticket broker or dealer, under license issued pursuant to this 
article, shall buy, sell or deal in any railroad, railway or steamboat passen- 
ger tickets except such as have been issued by some existing railroad or 
steamboat company, corporation, association, or person or persons owning 
or operating the same; nor shall any such railroad ticket broker or dealer 
buy, sell or otherwise deal in or solicit the purchase or sale of any railroad 
or railway or steamboat passenger ticket which is by its terms plainly ex- 
pressed on its face a mileage, excursion or commutation ticket where it ap- 
pears upon such ticket that the same was issued and sold below the regular 
schedule rate under contract with the original purchaser, entered upon such 
ticket, and signed by such original purchaser, that such ticket is non-trans- 
ferable and void in the hands of any other person than the original pur- 
chaser thereof; and every railroad ticket broker or dealer shall furnish to 
the buyer of any ticket sold by such broker or dealer a schedule signed by 
the name of the broker or dealer, describing the form and number and desti- 
nation of such ticket and the name of the company that issued such ticket; 
and every broker within the meaning of this article shall immediately re- 
fund to the purchaser or lawful agent of.the purchaser of any ticket the 
money paid to such broker for any ticket which did not entitle the person 
purchasing the same from said broker to use the same for passage on the 
railroad or steamboat for which such ticket was sold. No license shall be 
granted under this article until the person or persons applying therefor 
have filed with the license collector, a bond, with two good and sufficient 
securities to be approved by him, in the sum of one thousand dollars, con- 
ditioned for the faithful observance of all the terms and provisions of this 
section and article. 

The mayor shall have power and authority for any good cause shown 
to revoke any license issued under this article, and the mayor shall revoke 
any such license for cause for a violation of any of the terms and conditions 
of this section, or the failure on the part of any such broker to perform any 
of the acts required by this section to be performed by him, and upon such 
revocation the mayor shall certify the same to the license collector; pro- 
vided, however, that before any license is revoked by the mayor the licensees 
or licensee under such license shall have a reasonable opportunity to be 
heard by the mayor in defense of any charge or charges of a violation of this 
article whieh may be preferred before said mayor. Each license issued by 
virtue of this article shall express on its face that it is received and held sub- 
ject to revocation by the mayor. No person or persons whose license has 
been revoked shall be entitled to another license within one year after such 
revocation, and. the license collector is hereby prohibited from issuing any 
license to any person or persons whose license has been revoked within one 
year from such revocation. (Ord. 21849, sec. 2, amending ord. 20544.) 


Sec. 2235. Penalty.—LEvery person doing business as a railroad ticket 
broker or dealer, without a license, or in any way violating the provisions 
of this article, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than two hunderd and fifty dollars nor more 
than five hundred dollars. (/b., sec. 3, amending M. C., sec. 2113.) 


ART. XVI.j OF STEAMBOAT, HOTEL AND RAILROAD RUNNERS. 1045 


ARTICLE XVI. 
OF STEAMBOAT, HOTEL AND RAILROAD RUNNERS.* 


See. 2236. License required.—No person shall exercise within the 
city the business of a steamboat agent or runner on any steamboat, wharf- 
boat or wharf, or the business of a hotel or railroad runner without a license 
therefor, as hereinafter provided; but no more than one license shall be re- 
quired of the same person at one time under this article; provided, that 
every application for a license shall be made in writing to the license col- 
lector, and before any license shall be issued the license collector shall pro- 
cure from the police commissioners an indorsement on the back of the appli- 
cation therefor, to the effect that in their opinion the applicant is a person 
of good moral character. (M. ©., sec. 2114.) 


Sec. 2237. Runners defined.—Any person who shall solicit the re- 
moval or transportation of any passengers or persons to or from any steam- 
boat, railroad, wharfboat or wharf, or shall perform such removal or trans- 
portation, or shall act, or profess or assume to act for or solicit or obtain 
passengers for any steamboat, steamboat company, water transportation 
company, or attempt to do so as [is] a steamboat and railroad agent or runner ; 
provided, that nothing herein contained shall apply to steamboat freight 
agents, nor to the owner or owners of licensed vehicles in the legitimate and 
quiet discharge of their duties. Any person who shall solicit travelers or 
other persons to repair to any hotel is a hotel runner. (M. C., sec. 2115.) 


Sec. 2238. Duties of runners.—Every steamboat and railroad agent 
or runner and hotel runner shall handle with care and deliver promptly all 
baggage intrusted to him, and shall treat all passengers with respect and 
civility, and afford them all needful information and assistance, and deliver 
those transported by him with care and promptness. (M. C., sec. 2116.) 


Sec. 2239. Respectful manner required.— No steamboat and rail 
road agent or runner or hotel runner shall exercise his business otherwise 
than in a quiet, civil, orderly and respectful manner at all times and places. 
(M. C., sec. 2117.) 


Sec. 2240. Bond.—No license shall be granted under this article until 
the person applying therefor shall have filed with the license collector a 
bond with two or more good and sufficient sureties, to be approved by 
said collector, in the sum of one thousand dollars, conditioned for the faith- 
ful observance of this article. Said bond shall be in form to be approved 
by the city counselor. (M. C., sec. 2118.) 


See. 2241. Amount and period of license.—There shall be 
levied and collected on every license granted under this article the sum of 
fifty dollars before the delivery thereof. Each license shall be granted for 
one year, and on its face shall plainly express that it will be forfeited by 
any violation of this article, and shall also show plainly the time when it 
shall expire. (M. C., sec. 2119.) 


Sec. 2242. License, for hotel runner, may be transferred,when. 
—-A license paid for by any hotel keeper in the name of any person as hotel 
runner may be transferred by the license collector to any other person in the 


*Power of city to license runners,.etc.: Chart., Art. IIIT sec. 26, clause 5. 


1046 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


employment of said hotel keeper upon filing a new bond and payment to 
the collector the sum of one dollar tor said transfer. (M. C., sec. 2120.) 


Sec. 2243. License not transferable, when.—No license of any 
steamboat, railroad or hotel runner shall be assignable or transferable. 
(M. C., sec. 2121.) 


Sec. 2244. License to be exhibited, when.—Every Steamboat 
and railroad agent or runner and hotel runner shall, on demand, exhibit his 
license to any police officer, steamboat or railroad, and permit the same 
to be examined, but not more than one demand therefor shall be made by 
any one person on the same day. (M. C., sec. 2122.) 


See. 2245. Space for runners in depot. all be the duty 
of the police commissioners to designate a space at all passenger depots 
within which ail runners shall be compelled to stay during the time of the 
arrival and departure of trains, and they shall not be allowed to solicit 
business from any por place than that set aside by the police commis- 
sioners. (M. C., sec. 2123.) 


Sec. 2246. Penalty.—lTEvery person violating the provisions of this 
article shall be guilty of a misdemeanor, and on conviction thereof, shall be 
fined not less than one hundred dollars nor more than five hundred dollars, 
and at the discretion of the mayor his license shall be forfeited. (M. C., 
sec. 2124.) 


ARTICLE XVAI- 
OF STOCKYARDS, SALES STABLES AND HORSE AND CATTLE DEALERS.* 


Sec.- 2247. Stockyard proprietor defined.--A stockyard pro- 
prietor is a person, firm or corporation, whose business or occupation is to 
keep a stockyard where horses, mules, cattle, hogs or sheep are bought, ae 
bartered or traded, or are kept or bartered for compensation. (M. C., s 
2125.) 


See cases in foot note below. 


Sec. 2248. A sale stable defined.—A sale stable is a _ place 
where horses or mules are stabled to be bought, sold, bartered or traded as 
a business. (M. C., sec. 2126.) 


St. Louis vs. Knox, 6 Mo. App. 247, 248. 


Sec. 2249. Horse and ecattle dealer.—A horse and cattle 
dealer is a person who buys or sells, barters or trades in horses, mules, cat- 
tle, hogs or sheep on his own account, without being the keeper of a stock- 
yard or a sale stable. (M. C., sec. 2127.) 


Sec. 2250. License of stockyard.—The proprietors of each stock- 
yard in the city shall pay to the license collector in advance an annual city 
license therefor of one hundred and fifty dollars. (M. C., sec. 2128.) 


This section was amended (too late to appear in this revising ordinance) by 
ord. 22599, approved Oct. 15, 1906, the amendment adding the words: ‘said 
license to run from the first day of January of such year.” (See Appendix.) 


*Authority of city to license, tax and regulate occupations: Chart., Art. III, 
sec. 26, clause 5. The provisions of this article are upheld as valid police regula- 
tions, in St. Louis vs. Knox, 6 Mo. App. 247; see s. c., 74 Mo. 79. 


ae 


ART. XVIII.] OF STREET RAILWAY COMPANIES. 1047 


See. 2251. License for sales stable.—The proprietor or keeper 
or the proprietors or keepers, of each sale stable in the city shall pay 
in advance an annual license therefor of twenty-five dollars. (M. C., sec. 
2129.) 


This section was amended (too late for insertion in this revising ordinance) 
by ord. 22598, approved Oct. 15, 1906. (See Appendix.) The amendment adds 
the words: “said license to run from the first day of January of such year.” 


Sec. 2252. License of horse and eattle dealers.—EHach 
person or persons, copartnership or corporation engaged in the city in the 
business of horse and cattle dealer or dealers, as defined in this article, 
shall pay in advance an annual license therefor of twenty-five dollars. (M. 
C., sec. 2130.) 


Amended by ord. 22601, approved Oct. 15, 1906, by adding same words as per 
amendments in the two preceding notes. (See Appendix.) 


Sec. 2253. Licenses required to ¢ 
prietor or keeper of a stockyard or of a sale stable, and no horse and cattle 
dealer shall engage or continue in business as such respectively, without 
first having obtained a license therefor as herein prescribed. (M. C., sec. 
4131.) 


See. 2254. Certificate of character required for sale 
stable.—Before the license collector shall issue any license in favor of a 
sale stable he shall procure the certificate of the board of police commis- 
sioners to the effect that the applicant is a person of good moral character. 
(M. C., sec.:.2132.) 


Sec. 2255. Penalty for doing business without a_ license. 
—Every person, firm, or corporation who shall engage in or do business 
either as the proprietor or keeper of a stockyard or of a sale stable or as a 
horse and cattle dealer without first having obtained from the license col- 
lector a license therefor as herein prescribed, shall be deemed guilty of a 
misdemeanor, and upon conviction, shall pay a fine of double the amount 
of the license required to be paid by them respectively. (M. C., sec. 2133.) 


Bien LOUIS aise i NOX Cav. po. 


Sec. 2256. What livery stable keeper exempt.—This article 
shall not be construed so as to include the keepers of livery stables who pay 
an annual vehicle tax of fifty dollars or more. (M. C., sec. 2133a.) 


ARTICLE XVIII. 
OF STREET RAILWAY COMPANIES* 


*As to police regulations affecting street cars, see ante, R. C., secs. 1863, 1903, 
1617. 


The Charter gives express authority to the city to license, tax and regu- 
late street cars: Charter, Art. III, sec. 26, clause 5. (For other powers over 
street railways, see Charter, Art. X; Constitution, Art. XII, sec. 20; see also 
Charter, Art. III, sec. 26, clause 11.) The city may impose a license tax under 
the power to license, tax and regulate street cars, for purposes of either police 
regulation or for revenue only, and this in addition to an ad valorem tax on cars 
and payments or obligations assumed by the companies in the franchise ordi- 
nance, evidencing the consent of the city to the operation of the cars; and an 
exemption from license taxes, if it is not absolutely void, must be clearly and 


1048 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


explicitly stated in the ordinance or it will not be held to have been given: 
Springfield vs. Smith, 138 Mo. 645; Kansas City vs. Corrigan, 18 Mo. App. 206; 
Metropolitan Street Ry. vs. New York, 199 U. S. 1; New Orleans Street Ry. vs. 
New Orleans, 143 U. S. 192; Savannah Ry. vs. Savannah, 198 U. S. 392; Railway 
vs. Philadelphia, 101 U. S 528. 


As to the effect of a clause in the City Charter (Art. III, sec. 26, clause 11; 
see 151 Mo. 181) reserving the power to alter, amend or repeal the grant, etc., see: 
Railway vs. Philadelphia, 101 U. S. 528; Citizens’ Bank vs. Owensboro, 173 U. S. 
636, 644; Railroad vs. Georgia, 98 U. S. 365; Street Ry. vs. Sioux City, 138 U. S. 
93; Detroit vs. Ry., 184 U. S. 368; San Antonio Trac. Co. vs. Altgelt, 200 U. S. 304. 


As to the right to have the license tax take the particular graduated form of 
the present ordinances (one mill per passenger on each car, instead of a fixed 
amount), see somewhat analogous cases: Amer. Exp. Co. vs. St. Joseph, 66 Mo. 
675; Aurora vs. McGannon, 138 Mo. 38; Society vs. Coite, 6 Wall. 594;. Maine vs. 
Gr.vT. Ryso142 US, 211) 228-229>55Home wns: Co: vse Ne Yoalo4 Ue Saoose 


But in the cases of United Rys. Co. et al. vs. St. Louis (Nos. 4985, 4987, 4988, 
Kast. Div. of East. Dist. Mo.), the U. S. Circuit Court, per Adams, J., held, on 
temporary injunction, afterwards made permenanet by Finklenberg, J., that 
the present license tax ordinance on street cars (ord. 21087) was invalid as to the 
United Railways Companies and Suburban Companies, on the ground that the 
ordinances operated to impair the obligations of the contracts assumed in the 
franchise ordinances under which these companies were doing business. These 
cases are now pending on appeal to the U. S. Supreme Court at this writing. 
Since these companies (now all absorbed into and forming part of the system 
of the United Railways Co.) were about the only ones to which the license tax 
ordinances could apply, the said decision, if it be sustained by the U. S. Supreme 
Court, practically nullifies the ordinance. 


Sec. 2257. Street railway license required.—Every person, co- 
partnership, association, corporation or company engaged in the business 
of transporting passengers from one point to another within the city, for 
hire, on street railways, shall pay a license to said city. (Ord. 21087, 
amending M. C., sec. 2134.) 


Sec. 2258. License tax on each car—how determined. —All 
persons, co-partnerships, associations, corporations and companies embraced 
in the foregoing section shall pay the license collector a quarter-annual li- 
cense for each and every car used by them in transporting passengers, pay- 
able on the sixteenth day of April, July, October and January of each year, 
for the preceding period of the three months ending respectively on the last 
day of the preceding March, June, September and December, the amount of 
which quarterly license on each such car shall be determined at a sum equal 
to one mill for every revenue or pay passenger carried on such car during 
the said preceding period of three months, ending as aforesaid. (Ord. 21087, 
amending M. C., sec. 2135.) 


See note to heading of article as to the validity of this section. 


Sec. 2259. Equipment enabling information as to number 
passengers carried—report required -when made.—On and 
after January first, nineteen hundred and three, every person who, and 
every corporation, company or association which, is required to pay a street 
car license, shall provide for, and equip each car used by it for transporta- 
{ion or carrying passengers, with a suitable register or indicator, capable 
of registering passengers to a number not less than nine thousand nine hun- 
dred and ninety-nine, and upon which shall be registered, rung up or indi- 
cated in continuous numerical succession the number of passengers who 
have paid for transportation on such car; and the conductor or person col- 


lecting the fare shall ring up or register each passenger as the fare is col- 
lected. 


After said time above stated, every such person, corporation, company 


ART. XVIII.) OF STREET RAILWAY COMPANIES. 1049 


or association shall each day furnish the register of the City of St. Louis 
with a report or table showing the number of pay or revenue passengers 
transported on each respective car operated by it on the preceding day, each 
such car to be identified by its number; said report or table shall also show 
the number or figures shown on the passenger register or indicator at the 
time each such car started on its first trip for the day covered by said re- 
port, to be designated as beginning number; and also the number of figures 
shown on the said passenger register or indicator when said car was discon- 
tinued from carrying passengers on said day, which shall be designated as 
closing number. 


The report or table for a day preceding a legal holiday or a Sunday shall 
be furnished on the first secular day thereafter. 


If the furnishing of the table or report on the day provided for in this 
section becomes impossible by reason of circumstances beyond the control 
of the person or company required to furnish the same, then it shall be fur- 
nished as soon thereafter as possible. (Ord. 21087, sec. 21854.) 


Sec. 2260. What officials authorized to test correctness of 
reports and returns, and in what manner—compensation. 
The comptroller of the City of St. Louis, or he, acting through his author- 
ized deputies, shall be, and hereby is, authorized to investigate the correct- 
ness and accuracy of the returns or reports required in the preceding sec- 
tion, and for that purpose shall have access at all reasonable times to the 
registers, books, documents and reports bearing on the same, of any per- 
son, company or association required to make such report or table; and may 
appoint temporary inspectors, not exceeding six, to make note of, check up 
and verify the figures and numbers shown by the passenger registers or in- 
dicators in the street cars, and assist in a proper investigation, whenever he 
so desires; said inspectors shall receive for their services a compensation of 
three dollars per day each, while employed, and shall be employed or dis- 
charged at the pleasure of said comptroller. (Ord. 21087, sec. 2135B.) 


Sec. 2261. Failure toreport, or interfering with investiga- 
tion misdemeanor—penalty.—Every person, corporation, company or as- 
sociation refusing or neglecting to make the report provided for in section 
2259, or making any false or fraudulent report, or interfering in the per- 
formance of the duties of the comptroller, deputies or inspectors provided 
for in section 2260, shall be deemed guilty of a misdemeanor, and on con- 
viction shall be fined not less than five nor more than five hundred dollars. 
(Ord. 21087, sec. 2135C.) 


Sec. 2262. License collector to give notice to pay license— 
failure to pay license misdemeanor—penalty.—On the sixteenth 
day of April, July, October and January of each year the license collector 
shall notify all persons, companies, corporations or associations required to 
pay a street car license, to pay such license; and.any of them refusing, fail- 
ing or neglecting to pay said license within ten days after having received 
said notice, shall be deemed guiity of a misdemeanor and on conviction 
thereof shall be fined not less than one hundred dollars nor more than five 
hundred dollars; and each day of such failure, neglect or refusal shall con- 
stitute a separate offense. (Ord. 21087, sec. 2136.) 


Sec. 2263. Failure to operate as revocation of license, when. 
—<A failure, refusal or neglect to pay such license for thirty days after the 
same is payable shall operate as a revocation of any existing or subsequent 


1050 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 3h: 


unpaid license such parties may have obtained to operate such street cars 
in this city. (Ord. 21087, sec. 2137.) 


Sec. 2264. Article not to affect obligations under special 
ordinances or franchise cst LIAS Nothing in the preceding 
sections 2258, 2259, 2260, 2261, 2262 and 2263 shall be construed as ex- 
empting or excusing any person, Sah anche corporation, association 
or company embraced therein from the payment of any sum agreed, as- 
sumed or required to be paid by the terms of any special ordinance, 
or agreement or contract, nor as replacing or affecting the same in 
any way, nor shall said sections be construed as impairing or affecting any 
license heretofore obtained. (Ord. 21087, sec. 2137A.) 

The ordinance was not approved until March 25, 19038, so that it affected only 

licenses required after January 1, 1904. 


ARTICLE XIX. 
OF VAULT CLEANERS. 
See. 2265. License required. rson shall hereafter do busi- 


nesS aS a vault or privy cleaner without first having obtained a license 
therefor. (M. C., sec. 2138.) 


See. 2266. Amount of license—requisites—authori 
Such license shall be issued only on the payment of one hundred dollars, 
and upon the filing of the bond with security hereinafter provided, and when 
issued shall authorize the person therein designated to carry on the busi- 
ness of vault and privy cleaning for the term of one year from the date of 
such license, according to the ordinances of the city and the regulations 
made from time to time by the board of health. (1 M. C.;. sec. 2139.) 


Sec. 2267. e receiving such license 
the applicant shall enter into and file with the city register a good and suf- 
ficient bond, with security, to be approved by the mayor in the penal sum 
of one thousand dollars, conditioned for the due observance of all such 
ordinances and regulations by the proper city authorities as may be passed 
or in force in reference to the cleaning of vaults or privies at any time dur- 
ing the continuance of such license, and for the payment of damages caused 
by the non-observance of any ordinance or regulation now existing, or which 
may hereafter be passed. (M. C., sec. 2140.) 


Sec. 2268. Vault cleaning—manner of doing.- The cleaning 
of all vaults or privies shall be done in such manner and time as is or may 
be prescribed by ordinance or regulated by the board of health, which for 
that purpose is vested with full power to make the necessary rules, and 
which said board of health is charged with seeing that the work of cleaning 
is performed without creating a nuisance, and in as inodorous a manner 
and as free from foul odors and gases as possible. (M. C., sec. 2141.) 


See. 2269. Penalty.—Any person violating any of the provisions of 
this article, or any such rules or regulations of the board of health, shall 
be fined not less than twenty dollars nor more than three hundred dollars 
for each offense, and shall also be liable on his bond to any person especially 
damaged by the violation of such ordinance or regulation. (M. C., sec. 


2142.) 


ART. XX.] OF SUNDRY VOCATIONS AND MISCELLANEOUS PROVISIONS. 1051, 
ARTICLE XX. 


OF SUNDRY VOCATIONS AND MISCELLANEOUS PROVISIONS.* 


‘Sec. 2270. Vocations requiring license.—It shall not be law- 
ful for any person to exercise within this city the business of bill poster, 
engraver, lithographer, photographist, mercantile agent, or keep a billiard 
table, pool table, pistol gallery, shooting gallery, or to own, conduct or 
manage for gain a theater or other. exhibition show or amusement without 
a license therefor. (M. C., sec. 2143.) 


See. 2271. Vocations subject to license defined.—The fol- 
lowing definitions of phrases and words employed in this chapter are here- 
by adopted: <A bill poster is one who conducts the business of posting 
bills in public places for hire. An engraver is one who carries on a place 
of business where engraving is done for hire. A lithographer is one who 
maintains a place of business where lithographing is done for hire. <A 
menagerie is an exhibition of wild animals for which an admission fee is 
charged. A mercantile agent is one having a place of business in the city 
where orders for the sale and delivery of merchandise are taken. A musical 
entertainment is any public exhibition in which music is a feature, for 
which an admission fee is charged, not within the definition of a concert. 
A photographist is one who takes pictures, likenesses or representations of 
persons, objects or things, at a place in the city, whether inside or outside 
of any house, building or covered place or in the open air and charges or 
accepts a compensation therefor. A pistol gallery is a place where pistol 
or gun shooting is permitted to be done for hire. A pool table is a table on 
which the game of pool is played, maintained in a place accessible to the 
public, where a charge is made for the privilege of playing the game. A 
shooting gallery is a place where guns or pistols are permitted to be fired, 
for a fee paid. A side show is an entertainment connected with a circus or 
menagerie, and carried on under separate canvas or in a separate apart- 
ment. A theater is a building employed for dramatic or operatic exhibi- 
tions. (M. C., sec. 2144.) 


Sec. 2272. Billiard table keeper defined.—A_ keeper of a_bil- 
liard table is one who possesses or keeps or has the control or management 
of a billiard table, whereon others are permitted to play, and for the use of 
which or privilege of playing thereon, or for the hire thereof, any money 
or its equivalent, or any check or counter in lieu of money, shall be paid 
or received; and all billiard tables within the city shall be held and taken 
to be so kept, and to come within the meaning and province of this article, 
except such as may be kept within dwelling-houses for the owner’s recre- 
ation, and not for the purpose of letting the same to others to play thereon 
for money, or anything representing or in lieu of money, or for wagers or 
bets. (M. C., sec. 2145.) 


Sec. 2273. License required to Keep billiard table.—There 
shall be levied and collected for every license to keep a billiard table, kept 
for hire as aforesaid, the sum of ten dollars; and each table shall be num- 
bered, and the license for each table taken and paid for one year in ad- 
vance. Whoever shall violate, or neglect or refuse, to conform and observe 
the provisions of this section, shall be deemed guilty of a misdemeanor, and 
on conviction thereof, be fined not less than fifty nor more than three hun- 


*Chart., Art. III, sec. 26, clause 5. See also notes thereto. 


1052 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 31. 


dred dollars for each and every table that such person neglects or refuses to 
take out a license for, to be sued for and recovered as in other cases of 
breaches of city ordinances. (M. C., sec. 2146.) 


As to right to regulate billiard halls, and games under the police power, see 
Tarkio vs. Cook, 120 Mo. ¥. 


Sec. 2274. Amount of license for specified vocations. — 
There shall be levied and collected for every license granted for any busi- 
ness or object herein specified, as follows: 


First. Upon a bill poster’s license, ten dollars. 


Second. Upon a license for a pistol or shooting gallery, twenty-five 
dollars. 


Third. Upon engraver’s license, ten dollars. 

Fourth. Upon lithographer’s license, ten dollars. 

Fifth. Upon a mercantile agent’s license, one hundred dollars. 
Sixth. Upon a photographists’ license, twenty-five dollars. 


Seventh. For each circus, circus and menagerie, or menagerie, three 
hundred dollars, and fifty dollars per day for each day in excess of one 
week. 


Kighth. For each side show of any kind accompanying any circus, 
sixty dollars, and ten dollars per day for each day in excess of one week. 


Ninth. Upon a license for theaters, theatrical exhibitions, museums 
or any other exhibition, show or amusement where an admission fee is 
charged; for one month, twenty-five dollars; for three months, seventy-five 
dollars; for six months, one hundred dollars; for one year, one hundred and 
fifty dollars; provided, however, that for any exhibition, show or amusement 
given for benevolent or charitable purposes, no license shall be required. 


Tenth. For the amusement known as roundabout or flying horses, 
forty dollars, for a season not exceeding six months. 


Eleventh. Upon a license to keep a pool table, ten dollars. (M. C., 
sec. 2148.) 


Sec. 2275. Term of licenses.—Licenses granted under this article 
shall continue in force twelve months, except as otherwise provided. No 
license of any kind shall be issued for a shorter period than that specified 
in each instance in this article, except in such cases as upon a full state- 
ment of the facts appear to the license collector worthy of charitable con- 
sideration and that the applicants are truly unable to pay license for the 
full period stated. In such cases the license collector, with the approval or 
upon the recommendation of the mayor, is authorized to issue license for 
shorter periods, not less than one month, at pro rata rates. (M. C., sec. 
2149.) 


This section was amended by fixing the periods of the respective licenses: 
Ordinance No. 22576, approved Oct. 2, 1906, after the submission of the Revised 
Code to the Assembly. (See Appendix.) 


Sec. 2276. Licenses to be subject to ordinances.—All 1i- 
censes issued in pursuance of the provisions of this article shall be issued 
subject to the ordinances of the city existing when they are issued, or sub- 
sequently passed. (M. C., sec. 2150.) 


ART. XX.] OF SUNDRY VOCATIONS AND MISCELLANEOUS PROVISIONS. 1053 


Sec. 2277. Form of license.—All licenses shall be issued in blank 
by the register under the seal of the city, and signed by the license collector, 
and shall be as near as may be in the following form: “City of St. Louis, 


If License Collector of the City of St. Louis, to all who shall see 
these presents, greeting: Know ye that whereas , on the day of 
, in the year of our Lord , paid to the sum of dollars, 


being the tax imposed on as otherwise complied with the require- 
ments of the city ordinances in this behalf; therefore the said is hereby 
authorized and empowered to for the term of months from 
In testimony whereof I have hereunto set my hand and caused the seal of 
the city to be affixed at the City Hall in said city this day of 
re: (Tie Sa} , License Collector. Attest: , Register. And 
when any license shall be issued the officer issuing the same shall, under- 
neath said license, add the following, which he shall sign: Granted this 
day of AED): Cat Ontsecn 2161.) 


See. 2278. When license transferable—approved.— No _li- 
cense granted by this city, except cart, wagon or dray Jicense, shall be as- 
signable or transferable; nor shall any such license authorize any person 
to do business or act under it but the person named therein, nor at more 
than one place; and no assignment or transfer of any license shall be valid 
or give any right or permission to the assignee or transferee to act there- 
under, unless such assignment or transfer shall be approved and counter- 
signed by the license collector; and it shall be the duty of that officer to 
keep a registry of all assignments or transfers of licenses approved and 
countersigned by him. (M. C., sec. 2152.) 


Sec. 2279. Penalty.—Whoever shall violate or neglect or refuse to 
conform to or observe the preceding provisions of this article, and any or 
either of them, shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof, except as otherwise provided, be fined not less than ten dollars 
nor exceeding three hundred dollars, to be sued for and recovered as in 
other cases of breach of city ordinances. (M. C., sec. 2153.) 


Sec. 2280. License of foreign insurance companies.—The 
license collector shall collect of all foreign insurance companies doing busi- 
ness in this city by agency the tax authorized by an act of the general as- 
sembly of this state, viz.: One hundred dollars annually in advance; and 
any agent refusing or failing to pay said tax when called upon by the license 
collector for the same, shall be deemed guilty of a misdemeanor and on con- 
viction thereof, be fined two hundred dollars, to be recovered as other fines 
are by the city. (M.C., sec. 2154.) 


Licensing insurance companies, see R. C., sec. 2137. As to collecting revenue 
by license from foreign insurance companies, see St. Joseph vs. Ernst, 95 Mo. 
360; Kansas City vs. Oppenheimer, 100 Mo. App. 527. 


See. 2281. Application for license under this chapter. 
—Application for licenses under this chapter, as pawnbrokers, keepers of 
intelligence offices, museums, junk shops, auctioneers and keepers of shows, 
theaters and exhibitions of any kind whatsoever, shall be made in writing 
to the license collector, and shall state where the pawnbroker shop or other 
place, shop, show, theater or exhibition is to be kept or exhibited. (M. C., 
sec. 2155.) 


Sec. 2282. Inquiry of license commissioner.—The license col- 
lector, upon receipt of such written application, shall make all due and 


e 


10454 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 31. 


proper inquiry into the character of all such applicants for license, and 
shall not grant a license to such applicant or applicants for such license 
unless he has good and sufficient assurance and reason to believe of his own 
knowledge that all such applicants for such license are fit and proper per- 
sons to receive the same. (M. C., sec. 2156.) 


See. 2283. Petition of block residents—when re 
In addition to all other requirements of this article, the applicant or appli- 
cants for said license shall furnish to the license collector a petition signed 
by a majority of the residents of the block wherein said business is to be 
carried on, and also a majority of the residents of the portion of the block 
opposite said place of business, requesting the issuance of the said license. 
and declaring that the maintenance of said pawn shop, intelligence office, 
museum, junk shop, auction place, show, theater or exhibition of whatsoever 
kind, is not a nuisance or source of annoyance to said residents. (M. C., 
sec. 2157.) 


See. 2284. Penalty.—Any person violating any of the provisions of 
this article where no special penalty is provided, shall be deemed guilty of 
a misdemeanor, and on conviction thereof, be fined not less than ten nor 
more than one hundred dollars. (M. C., see. 2158.) 


Sec. 2285. Penalty for not taking out license.—Any per- 
son who is required to take out a license, or any person whose license has 
expired, and notice has been given, by the license collector, shall, if not 
paid within ten days after such notice has been given, pay a penalty of one 
dollar, and for every ten days thereafter one dollar shall be added as a 
penalty, until the party required to take out such license shall have com- 
plied with the provisions of regulating licenses in this chapter; said pen- 
alty shall be collected with the license by the license collector and paid into 
the city treasury. (M. C., sec. 2159.) 


Sec. 2286. Renters of booths in fair grounds—exempt— 
when.—The renters of booths in the fair grounds, who hold unexpired 
licenses to carry on similar business in other parts of the city, shall not be 
required to take out any additional licenses for carrying on the same busi- 
ness at booths in the fair grounds during fair week and exposition. In 
cases where the profits of any such booth during fair week and exposition 
is applied to charitable purposes, no license shall be required. (M. C., sec. 
2160.) 


Sec. 2287. License of fruit auctioneers.—Any person or per- 
sons or company of persons licensed as agents or dealers in fruit may 
obtain a license as fruit auctioneer upon the payment of one hundred dol- 
lars, which license shall continue in force for the period of one year, and no 
sue h person or persons or company of persons shall be per mitted to sell 
fruit at public auction without first having obtained a license ag fruit auc- 
tioneer. {M. C., sec. 2161.) 


~ 


CHAP. 3: OF COLLECTOR. 1055 


bo 


CHAPTER: 32: 
OF-COLLECTOR.* 
Sec. 2288. Register to give certificate of election.—The 


register shall give to ite collector a certificate of his election, authenticated 
by. the seal of the city. (M.C., sec. 2162.) 


Sec. 2289. Official bond of collector. collector before 
entering upon the discharge of the duties of his office, shall give bond and 
security to the city for the faithful performance of his duties, conditioned 
that he will faithfully and punctually collect and pay over all state, school, 
municipal and other revenues, and other claims the city may have against 
any person during the time he shall be in office, and that he will in all 
things faithfully perform all duties of the office of collector according to law 
and ordinances. Such bond shall be in the sum of two hundred thousand 
dollars, with at least five solvent securities, who are owners of unincum- 
bered real estate in the city, and shall be approved by the mayor and coun- 
cil. He shall also give bond in amount and security to the state to the 
satisfaction of the mayor, conditioned that he will faithfully and punctually 
collect and pay over all state, school, municipal and other revenues during 
the time he shall be in office, and that he will in all things faithfully per- 
form all the duties of the office of collector, according to law. This bond 
shall be signed by at least five solvent securities, freeholders within the city, 
and be executed in duplicate, one of which shall be deposited with the 
register, and the other transmitted by the register to the state auditor, who 
shall carefully examine the same, and if it appears to his satisfaction that 
the bond is insufficient, he and the mayor shall require the collector to give 
additional bond, and if he fail to give additional bond within ten days after 
he shall have been notified, his office shall be declared vacant. Said bond 
when approved and recorded, shall be a lien against the real estate of the 
collector until he shall have complied with the conditions thereof. If the 
collector shall neglect or refuse to give such bond for fifteen days after his 
election, his office shall be declared vacant, and an election shall be ordered 
by the mayor to fill the vacancy. (M. C., sec. 2163.) 

Bondareduisives: wndersGharterse Art, 1 Via sec, 243 Art. cxXITl sec. 33; Art. V,.sec. 
30; see, also, R. S. 1899, sec. 9206 et seq. (Laws Specially Applicable to St. Louis, 
sec. 471 ef seg., ante, p. 185 and notes). 


See. 2290. Collector to collect all revenues, except water 
rates. —The collector shall collect all revenues derived from all sources 
which may be levied by law or ordinance within the city, except water rates, 
and keep a detailed account of his collections from all the different sources 
of revenue and taxation respectively. All collections made belonging tothe 
city shall be paid into the city treasury daily, and triplicate receipts taken 
therefor, showing from what source the money proceeds, and the account 
to which it is placed, one of which shall be filed with the auditor, and one 
with the comptroller. (M. C., sec. 2164.) 


Charter requires him to collect all State, school and city taxes, licenses, 


wharfage and other claims and pay over to the treasury daily sete: is AREAS LN: 
sec, 24; Art; XIIT, sec: 3 (school taxes); Art. IX, sec. 6 (Cwharfage). But under 
*Charter. provisions: See Art, IV, secs. 1, 24; Art. V, secs. 5, 8, 26, 80, 31, 32, 


33, 34; Art. IX, sec. 6; Art. XIII, sec. 3; Scheme, secs. 8, 23. See statutory pro- 
visions: R. S. 1899, secs. 9334-9335 and in general R. S., Chap. 149, Art. ITI-VI1. 
These statutory provisions, so far.as relating specially to St. Louis, are herein 
before set out, with notes, in “Laws Specially Applicable to St. Louis,’ Chapter 
26, Sec. 469 eZ seg... pages 184-189. 


1056 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 32. 


Act 1893, p. 149, and amendments, all dramshop licenses are now under the juris- 
diction of the excise commissioner: See as to dramshop licenses, R. C., Art. IV, 
Chap. 31, secs. 2150-2165, and by Laws 1901, pp. 80-82, licenses are to be collected 
by the License Collector. (See notes to R. C., Chap. 30, on this point.) 


Sec. 2291. Rebate on tax bills.—For the purpose of carrying out 
the provisions of section thirty-two, of article five, of the charter of the 
City of St. Louis, the collector is hereby authorized and directed to make, 
on all tax bills for real and personal property on the assessment books, 
which shall be paid to him on or before the first day of October in each 
year, an allowance or rebate on the city taxes on said bills to the person 
or persons making such payment, at the rate of eight per centum per annum 
from the date of such payment to the thirty-first of December following, 
and the amount of such allowance or rebate shall be credited to the account 
of the collector, and charged to the respective revenue account. (M. C., sec. 
2165.) 


See. 2292. Deputies—--number—collector responsible.—The col- 
lector shall have power to appoint such deputies as may be necessary to per- 
form the duties of the collector’s office; provided, however, that the number 
shall not at any time exceed fifty-four permanent deputies; and the collector 
may also revoke such appointments at his pleasure, and may require bonds 
or other securities from such deputies to secure himself; and each of such 
deputies shall have like authority in every respect to collect the taxes levied 
or imposed within the city or any part thereof which by law is vested in the 
collector himself; but the collector shall in every respect be responsible to 
the state, city, individuals, companies or corporations, as the case may be, 
for all moneys collected, and for every act done by any of his deputies while 
acting as such, and for any omission of duty by any of his deputies; said 
bond or security taken from a deputy by the collector shall be available to 
such collector, his representatives and securities, to indemnify them for any 
loss or damage arising from any act of such deputy. (M. C., sec. 2166.) 


Charter, Art. V, sec. 33, and note. R. S. 1899, sec. 9217 (Laws Specially Appli- 
cable to St. Louis, sec. 482). 


Sec. 2293. Books showing daily receipts to be kept.— 
The collector shall keep all necessary books in which to enter the daily re- 
ceipts from taxes upon real and personal property, delinquent and forfeited 
taxes, licenses and all other taxes. The entries shall be made in such a man- 
ner as to show the total daily receipts from each source of revenue. (M. C., 
sec. 2167.) 


See. 2294. Duties of register transferred to collector. 
Under authority of sections twenty-four and thirty-four of the scheme for 
separating the City and County of St. Louis, all the powers and duties ap- 
pertaining to the register of the City of St. Louis, with reference to the 
state, school and city taxes on merchandise and merchants’ licenses in the 
City of St. Louis, are hereby transferred to, and shall be exercised by the 
collector of the City of St. Louis, except such duties relating thereto as are, 
or may be, conferred by ordinance upon the license collector. (M. C., sec. 
2168.) 


Sec. 2295. Compensation of deputies, ete.—The compensation 
of the deputies of the collector is hereby fixed as follows: One chief deputy 
at the rate of twenty-five hundred dollars per annum; one deputy at the 
rate of twenty-four hundred dollars per annum; one deputy at the rate of 
twenty-one hundred dollars per annum; one deputy at the rate of nineteen 


CHAP. 23.] OF SECOND HAND DEALERS. 1057 


hundred dollars per annum; one deputy at the rate of eighteen hundred 
dollars per annum; three deputies at the rate of seventeen hundred dollars 
per annum; three deputies at the rate of fifteen hundred dollars per annum; 
eight deputies at the rate of twelve hundred dollars per annum; three depu- 
ties at the rate of one thousand dollars per annum; two deputies at the rate 
of nine hundred and sixty dollars per annum; thirty deputies at the rate of 
nine hundred dollars per annum. (M. C., sec. 2169.) 


Sec. 2296. Cost of collection to be paid as _ preseribed 
by state law.—The collector shall pay all salaries and other expenses 
of his office, and all other costs of collecting the respective revenues, in the 
manner prescribed by an act of the general assembly of the State of Mis- 
souri, approved May ninth, eighteen hundred seventy-nine, entitled, “An act 
to amend an act entitled an act to regulate the fees of collectors of state and 
county revenues,” approved May second, eighteen hundred seventy-seven. 
(M. C., sec. 2170.) 


See R. S. 1899, Chapter 149, Art. III-VII. 


Sec. 2297. One deputy shall be a notary public.—One 
of the permanent deputies appointed by the collector under the provisions 
of section 2292 shall be a notary public, and shall administer all the oaths 
required to be made to the collector by state law and city ordinance, and no 
fee or compensation, other than the salary allowed him, shall be charged or 
collected by said deputy as such or as notary public, nor by any one for him, 
for administering such oaths. (M. C., sec. 2171.) 


erie Rao 


OF SECOND HAND DEALERS. 


Sec. 2298. Second-hand dealers defined.—Any person, company 
or corporation doing business in the city, who purchase and sell goods of 
any kind or description, having once been used or transferred from the 
manufacturer to the dealer and then received into the possession of third 
parties, whether the same consists of cloths, carpets, clothing, rags, iron or 
other metals, furniture or articles of household utensils, or articles of per- 
sonal use, or male and female wearing apparel, or of jewelry of any kind or 
description, or of old gold or silver, shall be and are hereby declared to be 


second-hand dealers. (M. C., sec. 2172.) 


Sec. 2299. Registry of purchases required—penalty.—Every 
second-hand dealer shall keep a book of registry of all purchases by him or 
them made, when the same was made and from whom it was made, and their 
habitation or place of abode, with a full description of the person selling the 
same, and a full and accurate description of the goods or chattels pur- 
chased. Any failure to record a minute description as by this section pro- 
vided, by the second-hand dealer, shall be deemed to be a misdemeanor, and 
upon conviction thereof, such second-hand dealer shall be fined in a sum not 
less than ten or more than one hundred dollars for each offense. For the 
purposes of this section, any failure of the servant, employe or agent to file 
such description as by this section provided, shall be deemed to be a viola- 
tion of this section by the principal or second-hand dealer. (M. C., see. 


2173.) 


1058 REVISED CODE OR GENERAL ORDINANCES. LCHAP. 34. 


Sec. 2300. Registry to be open to inspection.—The said 
book of registry shall be at all times open to the inspection of the mayor, 
chief of police, city attorney, city marshal, sheriffs or constables within or 
for the City of St. Louis, or of any person who shall be duly authorized in 
writing for that purpose by any or either of them, and who shall exhibit 
such written authority to the second-hand dealer. (M. C., sec. 2174.) 


Sec. 2301. Offers to sell by suspicious characters to be 
reported. —In case any suspicious or known dishonest person shall offer 
for sale to any second-hand dealer, his employe, agent or servant, any ar- 
ticle of value or virtue, and he or they have reason to believe from any cir- 
cumstance that the same has been stolen or acquired by dishonest means, 
it shall be their duty to at once report the same to the chief of police or to 
the officer on the beat in which their place of business is located. Any fail- 
ure to so report shall be deemed to be a misdemeanor, and the second-hand 
dealer, his servant, agent or employer upon conviction thereof, shall be fined 
in a sum not to exceed five hundred dollars. (M. C., sec. 2175.) 


CHAPTER 34. 


OF SEWERS.* 


Sec. 2302. Sewers to observe requirements of this chapter— 
All sewers or drains which connect with or discharge into any public, dis- 
trict or joint district sewer, or which lie wholly or in part upon any publie 
street, alley or highway, shall be constructed in accordance with the pro- 
visions of this chapter, and in conformity with the regulations of the sewer 
commissioner, who shall have general supervision of all such work. (Ord. 
20668, amending M. C., sec. ITE: ) 


Sec. 2303. Permit—when required, what to contain, ete. 
how obtained—plans for sewers to be approved—deposit re- 
quired—lot owner takes risk of back water—back water trap 
requir ayson shall excavate around or under any public, district, 
joint district or private sewer, nor connect any private sewer therewith, nor 
construct or repair any sewer or drain on any public street, alley or high- 
way, except under and in accordance with the terms and conditions of a 
permit so to do, issued by or with the authority of the sewer commissioner, 
which permit must be at all times on the ground while the work is in prog- 
ress, and be shown to any policeman or other,person who asks to see it. 
Permits for the construction or repair of private sewers or drains will be 
issued only to such persons, firms or corporations as have given the bond re- 
quired to be given by drain layers, and who have a certificate or registra- 
tion, upon the application of the owner of the property to be drained, or his 
duly authorized agent. All applications for permits must be made upon the 
blank forms furnished by the sewer department, written with ink, and must 
give a clear description of the property to be drained, of the sewers or drains 
to be constructed, and a list of the vaults, water-closets, sinks, down spouts 
and other fixtures to be connected therewith. . If the sewer commissioner 
shall deem it necessary for such description, he may require a plan and 
profile of the proposed sewers, and all such plans, profiles and descriptions, 
or copies thereof, shall be left on file in the office of said commissioner. 


*As to Sewer Commissioner and employes, see R. C., sees. 1955-1956, 1997, 
2001, 2011. Charter provisions concerning sewers: See Charter, Art. VI, secs. 
20, 21, 22, 23 and annotations thereto; 74. Art. III, sec. 26, clause 2. See Hill vs. 
St. Louis, 159 Mo. 159. 


CHAP. 34,.] OF SEWERS. 1059 


If the proposed sewers are in accordance with the provisions of this 
chapter and the plans thereof are approved by the sewer commissioner, he 
shall issue a permit for their construction, which permit shall contain, or be 
accompanied by the regulations and conditions under which the work is to 
be done; provided, however, that if the length of a proposed sewer upon any 
street, alley or highway shall exceed one hundred feet, or if the sewer is 
likely to be used by more than one party, or for any use not clearly specified 
in the application, the plans thereof must, before the permit is issued, be ap- 
proved by the board of public improvements, and a sum of money paid into 
the city treasury sufficient, in the opinion of said board, to pay the cost of 
inspection, which sum shall be a special fund, out of which the sum of three 
dollars and sixty cents per day for the services of an inspector, appointed by 
the sewer commissioner to see that the work is properly done, shall be paid, 
and the remainder, if any, returned to the party making the deposit. All 
permits for sewer connections granted hereunder shall be given subject to 
the conditions that the lot owners take all risk of damage ‘that may result 
from water setting back into their premises from the main sewers, and to 
prevent such setting back of water the owner shall be required, at his own 
cost, to put in a self-acting valve in all cases where a back flow from the 
main sewer may be apprehended; and it shall be the duty of the owner to 
keep the valve in condition for service at all times. The sewer commissioner 
shall furnish all information in the possession of his department as to the 
position, depth and grade of sewers, the position of junction pieces, and as 
to the liability of ‘back water from ahe main sewer; but the correctness of 
such information is not guaranteed by the city. (Ord. 20668, amending M. 
©., sec. 2177.) 


(Charter, CArTt...V bk, “seen 23: 


Sec. 2304. No permit where unpaid assessment for sewer 
tax—exception—when tax presumed paid, ete. ermit for a 
sewer connection under the preceding section shall be issued if the property 
to be drained by the proposed sewer, or any part thereof, has ever been as- 
sessed for the construction of district or joint district sewers until such as- 
sessment, or such part thereof as may be due at the time of application for 
a permit for a sewer connection, has been paid; but in cases where direct 
evidence of payment, either in full or in part, cannot be produced, a permit 
may be issued, if the owner of the property executes and files with the city 
register a bond sufficient in amount to secure the payment of each install- 
ment of the special tax bill, or bills with interest, as it or they become due, 
guaranteeing the uncontested payment of the assessment, upon presenta- 
tion of the original special tax bill or bills or installment thereof, or if more 
than ten years have elapsed since the maturity of the last installment of 
such special tax bill, it may be presumed that the bill was paid, in the ab- 
sence of evidence or information to the contrary. (/b., amending M. 
sec. 2178.) 


Under its charter powers, the city has the right to enact the ordinance re- 
quiring the lot owner to pay the assessment before giving him a permit to con- 
nect; and the ordinance is valid, reasonable and proper: Hill vs. St. Louis, 159 
Mo. 159, overruling State ex rel. vs. Hermann, 84 Mo. App. 1. 


See. 2305. No permit to connect with district or joint sewer 
in course of construction except under certain conditions—spe- 
cial fund—when appropriated and when _ returned. 
ing the construction of any district or joint sewer, and prior to the assess- 
ment of the cost thereof, no permit for the construction of any private 
sewer to drain any lot of ground within the sewer district or joint sewer 
district, or to connect the same with any public, district, joint district or 
private sewer, shall be issued, unless the contractor for such district or joint 


1060 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 34. 


district sewer shall first join with the owner of the lot in making applica- 
tion fer the permit; but the owner of any lot in such sewer district or joint 
sewer district may make a deposit in the city treasury of a sum sufficient in 
the opinion of the board of public improvements to cover the first install- 
ment of the assessment to be made, and any probable damages to the sewer, 
or the sewer contractor, which might result from making a connection, or 
from the use of the sewer before its acceptance by the city, and receive a 
permit without the consent of the contractor. Said sum deposited shall be 
a special fund, out of which shall be paid, on a voucher drawn in favor of 
the contractor and certified by the sewer commissioner, the amount of the 
first installment of the assessment against the lot drained, and such addi- 
tional amount, if any, as will, in the opinion of the board of public improve- 
ments, compensate the contractor for any actual damage he may have sus- 
tained in consequence of such connection being made and used, and the re- 
mainder, if any, shali be returned to the party making the deposit. If the 
contractor shall not, within ten days after the acceptance of the work done 
under the contract, file a claim for damages with the sewer commissioner, 
and shall not within ten days after the date of the issue of the tax bill 
against the lot drained, accept @ voucher in exchange for the receipted tax 
bill, the party making the deposit shall be entitled to receive a voucher for 
the whole amount so deposited upon presentation of the receipted tax bill 
at the office of the comptroller. (Ord. 20668, amending M. C., sec. 2178.) 


Sec. 2306. Person having permit to comply with directions 
of commissioner—if work improperly done commissioner may 
reconstruect—cost to be recovered on bond—cancellation of 
right to do work as drainlayer.—tEvery person or party receiving a 
permit from the sewer commissioner shall faithfully comply with all regu- 
lations and instructions of said commissioner or his duly authorized agents 
in reference to such work and all the requirements of this chapter, and shall 
enforce the same upon his employes and be held responsible for all their 
acts. And in case any work under a permit shall be improperly done, and 
in violation of the conditions, or in case of any damage to any public, dis- 
trict or joint district sewer caused by such violation, either on the part of 
the person to whom the permit is issued or his employe, the sewer commis- 
sioner shall have the right to reconstruct such defective work and repair 
such damage, and the whole cost thereof, together with the costs of suit, 
shall be recovered by the city by suit on the bond given by such person as 
drainlayer. If any person or party who has given bond as drainlayer shall 
violate any of the conditions of a permit or any rule or regulation concern- 
ing the construction of private sewers or drains, wilfully, the sewer ¢0m- 
missioner shall report the fact to the board of public improvements and said 
board shall thereafter suspend or cancel all rights of such drainlayer or 
plumber to receive permit to do work under the control of said board. (J0., 
amending sec. 2179.) 


Sec. 2307. Work done without permit—effect of—recovery 
of damages, etc.—Any work done without the permit required by this 
chapter, or which was done without inspection by some one duly authorized 
by the sewer commissioner, shall be treated as defective work, and may be 
uncovered, and if need be, reconstructed by said commissioner at the ex- 
pense of the drainlayer or plumber who did the work, or of the owner of the 
property drained; and any unpaid assessment against the property for dis- 
trict or joint district sewers shall be considered as part of the damage done, 
and shall be collected by suit in the name of the city on the bond of such 
drainlayer or plumber, and of the owner of the property, or either of them. 
(Ord. 20668, amend. M. C., sec. 2180.) 


CHAP. 34.] OF SEWERS. 1061 


Sec. 2308. Rights of city respecting private sewers.—The city 
shall have the right at all times through the sewer commissioner or other 
proper officer, to connect with and use any private sewer built upon any 
public street, alley or highway, for draining streets or for any publi¢ pur- 
pose, and also to reconstruct or to close up or to disconnect from any pub- 
lic, district or joint district sewer any private sewer constructed in viola- 
tion of the provisions of this chapter or which may, from any cause, have 
become a nuisance. (Ord. 20668, amend. M. C., sec. 2181.) 


As to charter powers over private sewers, see Art. VI, sec. 23. 


Sec. 2309. When owners considered petitioners, etce.—The 
owners or representatives of any property drained by a private sewer into 
a public, district or joint district sewer, when such property is not situated 
within the limits of a sewer district, shall be considered as petitioners for 
establishing a sewer district or joint sewer district whenever any other 
property holders within said proposed districts shall petition the board of 
public improvements for the same. (/b., amending M. C., sec. 2182.) 


Sec. 2310. How connection with private sewer may be 
obtained—consent of builder—definition of builder of sewer. 
Whenever any person shall desire to ccnnect with and use a sewer which has 
been built by private parties and is located in any public street, alley or 
highway, he shall first obtain the written consent of the party owning or 
controlling the land for the drainage of which the sewer was built, or his 
duly authorized agent, said party being designated hereafter in this chap- 
ter as the builder of the sewer. He shall then make application to the sewer 
commissioner for a permit in the Same manner as is provided for permits 
to connect with public, district or joint district sewers, at the same time 
presenting the written consent of the builder of the sewer, which paper 
shall be left on file in the office of said commissioner. (J/b., amending M. C., 
sec. 2183.) 


See. 2311. Same—how permit to connect obtained without 
builder’s consent from B. P. I.—If the applicant shall fail to obtain 
the consent of the builder of the sewer, as aforesaid, he may apply to the 
board of public improvements to fix the terms upon which a permit to use 
said sewer will be issued without the consent of said builder, such applica- 
tion to be in writing. Upon receiving such application the said board shall 
fix a day when they will consider the matter, and give notice thereof to the 
builder of the sewer, or his agent, and to the applicant, either by personal 
service or by publication in the newspapers doing the city printing, at least 
one week before the day fixed. At the time appointed the board shall hear 
the parties interested, if any shall appear, and after due consideration of 
all the facts, shall fix the terms upon which the applicant shall have the 
right to connect with and use the sewer in question; provided, that the 
board find the sewer large enough to carry the additional drainage. The 
award shall be final and binding upon all parties. If said award shall in- 
volve the payment of money by the applicant, he may pay the same to the 
city treasurer, by whom, upon the certificate of the board of public im- 
provements, it shall in turn be paid to the party or parties to whom it has 
been awarded by the decision of the board. (M. C., sec. 2184.) 


Sec. 2312. Material and mode of construction.—No materials 
shall be used in constructing sewers or drains to be connected with public, 
district, joint district or private sewers, or with natural water courses, or 
lying wholly or in part on a public street, alley or highway, except such as 


1062 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 34. 


are approved by the sewer commissioner or his duly authorized agents. In 
connecting a private sewer or drain with a public, district, joint district or 
another private sewer, the junction pieces which have been built into the 
sewer must be used for such connection, unless a special permit to insert 
a new junction be first granted by the sewer commissioner. But if no junc- 
tion pieces have been set aM building the sewer, a connection shall be made 
by inserting into the sewer a junction piece of the size specified in the per- 
mit, which junction piece shall lie at an angle with the sewer not exceeding 
forty- -five degrees and be cut slant in the process of manufacture, and not 
by clipping afterwards. In connecting pipe with pipe, a Y junction must 
be used. The inside of every sewer or drain must, after it is laid, be left per- 
fectly smooth and clean throughout its whole length, and the ends of all 
sewers and drains not to be immediately used must be securely closed 
against the entrance of dirt or earth, by a stop of water-tight and imperish- 
able material. (Ord. 20668, amending M. C., sec. 2185.) 


See. 2318. Drains—how constructed—vaults—traps—water 
closets—sinks—buildings where large numbers accom- 
modated. ~shall be unlawful hereafter to construct or extend any drain 
for the reception of sewerage or waste water, or to connect the same with 
any public, district or joint district sewer unless the said drain and its 
connection shall in its plan and construction conform to the following re- 
quirements: 


First—All privy vaults which shall hereafter be connected with the 
sewer system of the city shall be so constructed that the bottom and sides 
will be impervious to water, and to this end shall be built of hard brick, 
with full joints, laid in hydraulic cement mortar, composed of two parts 
sand to one part cement, and shall be plastered or pargetted on the inside 
with similar mortar. The walls shall not be less than nine inches in thick- 
ness. The bottom of the vault shall be so formed as to throw all matter 
cast into said vault to the sewer opening. All vaults shall be so located that 
the inside of the same shall not be less than two feet from the line of any 
street, alley or adjoining lot. Connections from the vault to the sewer 
shall be made with vitrified clay or iron pipe six inches in diameter and a 
trap must be set in the pipe between the vault and the main sewer, which 
trap shall have a vertical shaft extending to the surface of the ground, 
where it shall be protected by a grating. Privy vaults shall not be more than 
eight feet deep, measured from the under side of flooring of privy to deepest 
part of the vault, unless permission for a greater depth is specially given 
by the sewer commissioner. Any semblance to a cesspool or receptacle 
which filth is to accumulate is prohibited. 


Second—If the drain extends to the house or other building, there shall 
be in said drain a trap so constructed as to bar the passage of air from be- 
yond the trap into the house by any obstacle equal to at least one inch in 
depth of water. Between said trap and the foot of the soil pipe there shall 
be connected with the said drain, an inlet pipe for the admission of fresh 
air, and the soil pipe within the house shall be continued above the roof 
and left open so that the whole drain may be thoroughly and constantly ven- 
tilated. 


Third—W ater closets inside of buildings shall be of patterns approved 
by the board of public improvements, furnished with an efficient trap prop- 
erly guarded against svyphonage, which trap shall not receive the discharge 
of or be connected with any other fixture than the one water closet. The soil 
pipe shall be of cast iron, carried to and through the roof of the building un- 
diminished in diameter and of the same material. Above the roof galvanized 


al 


CHAP. 34.] OF SEWERS. 1063 


sheet iron pipe may be used. The extension of the soil pipe shall be carried 
high enough to prevent the entrance of air from it into the windows of the 
building to which it is attached or of adjoining buildings and shall be 
guarded against down drafts when the surroundings are such as to create 
eddies. Safe drips shall not be connected with the soil pipe. Pan closets 
shall not be used. 


Fourth—All sinks, basins and stationary tubs in every hotel, lodging, 
tenement, boarding-house or other dwelling shall be provided with proper 
stench traps directly under each sink, basin or stationary tub, so connected 
with waste or soil pipe and so constructed as the sewer commissioner may 
direct. All such traps shall be guarded against syphonage by a vent pipe 
of suitable size, which vent pipe shall run to the open air, or may be con- 
nected with the soil pipe above the connection of the highest fixture in the 
house. 


Fifth—School houses, factories, and other premises where more than 
fifty persons use conveniences in common shall, if not provided with water 
closets, be furnished with school sinks or latrines of plans approved by the 
board of public improvements. (Ord. 20668, amending M. C., sec. 2186.) 


Other vault regulations, see R. C., secs. 575, 576, 5 


Sec. 2314. Regulations as to sewer connections, etc.— closets, 
ete.—Every building shall have a separate and independent sewer connec- 
tion, not less than six inches in diameter, with a public, district, joint dis- 
trict or private sewer, when such sewer is accessible; if such sewer is in- 
accessible, then the drain from the building or buildings shall be provided 
with a cesspool made of impervious material, of a capacity and built in a 
manner approved by the supervisor of plumbing. 


Drain and soil pipes, through which water and sewage is used or ¢ar- 
ried, shall be of iron when within a building and for a distance of five feet 
outside of the foundation walls thereof, and where any sewer pipe passes 
within twenty-five feet of any well or cistern, whether such well or cistern 
be on the lot drained or on an adjoining lot, such pipe shall be of iron. Iron 
soil or drain pipe shall be sound, free from holes and other defects, and of 
uniform thickness. If of cast iron they shall not be less than one-eighth of 
an inch thick for a diameter of four inches or less, of five thirty-seconds of 
an inch for a diameter more than four and less than six inches, with a pro- 
portionate rate of increase for greater diameters. Inside of buildings they 
shall not be covered, but shall be placed as required by the rules and regula- 
tions. They shall have a suitable trap, with an accessible clean-out, placed 
either inside or outside the foundation walls of the buildings. They shall 
have an air-vent pipe of suitable size and position. All drain or soil pipe 
shall be made of curved pipe at changes of direction, and shall have a con- 
tinuous fall toward the drain or sewer of not less than one-fourth of an inch 
to the foot, unless special permission is given for a less grade. 


Subsoil drains shall be provided whenever dampness on any proposed 
site for a dwelling is known to exist; such drains shall not be directly con- 
nected with sewers, but shall discharge into a manhole and have a back- 
water valve. Joints between vitrified clay, or terra cotta, pipes carrying 
sewage shall be tight, made with neat cement freshly mixed, and of good 
quality, and all such pipes must be laid true to grade and line. 


They shall be thoroughly tested before acceptance, and facilities for in- 


spection must be furnished as required by the board of public improvements. 
Joints in iron pipe shall be run with soft lead and thoroughly caulked and 


1064 REVISED CODE OR GENERAL ORDINANCES. [SEC.34. 


made tight. They shall be tested with water, air or smoke before any pipe 
or pipes are in any manner covered or concealed. Rainwater leaders, when 
connected with soil or drain pipes shall be suitably trapped. Chimney fiues 
shall not be used as ventilators. Connections between iron and lead pipe 
shall be made with brass ferrules, properly soldered and caulked to the iron. 
Drip or overflow pipes from safes under water closets and other fixtures, or 
from tanks or cisterns, shall be run to some place in open sight, and in no 
case shall any such pipe be connected directly with a drain, waste or soil 
pipe. Waste pipes from refrigerators or other receptacles in which provi 
sions are stored shall not be connected with drain, soil or other waste pipe 
unless such waste pipes are furnished with traps suitably ventilated, and in 
every case there shall be an open tray between the trap and refrigerator. 


Kivery water closet, or line of water closets on the same floor, shall be 
supplied from a tank or cistern when found necessary and so ordered by the 
supervisor of plumbing, and the flushing pipe from such tank shall not be 
less than one-fourth inch in diameter; such tanks or cisterns shall not be 
used for any other purpose. Water closets shall not be so inclosed as to 
render access for inspection or cleaning inconvenient. A grease trap shall 
be constructed under the sink of every hotel, eating house, restaurant or 
other public cooking establishment. (Ord. 20668, amending M. C., sec. 2187.) 


See also as to sewer connections, secs. 145, 898, 1798. 


Sec. 2315. Commissioner’s right of entry—order altera- 
tions—owner to conform.—The sewer commissioner or his duly author- 
ized agent shall have the right to enter upon the premises drained by any 
drain, constructed hereafter and connected with any public, district or 
joint district sewer, at all reasonable hours, to ascertain whether the pro- 
visions of this chapter, or any ordinance in regard to drains, have been 
complied with, and if he shall find that said arains or its attachments do not 
conform to the provisions of the law in regard thereto, he shall notify the 
owner of said premises or his agent of this fact. It shall thereupon be the 
duty of said owner or his agent to cause said drain or its attachments to be 
so altered, repaired or reconstructed as to make them conform to the re- 
quirements of law in regard thereto, within fifteen days from the time of 
receiving such notice. (Ord. 20668, amending M. C., sec. 2188.) 


See. 2316. Mode of connecting with steam or exhaust 
pipes, ete.—No connection shall be made through which the exhaust 
steam from any steam engine or heating plant can be discharged into the 
sewers, except through a condensing tank of construction and dimensions 
approved by the board of public improvements in each case; and connec- 
tions from steam boilers, tanks or other vessels, which contain hot water 
or other liquids, gases or vapors, shall be made through receiving tanks of 
construction and dimensions approved by said board. (M. C., sec. 2189.) 


Sec. 2317. When _ specifications of plumbing may be 
varied. —The specifications of plumbing contained in the preceding sec- 
tions shall be varied from only when, in the opinion of the board of public 
improvements, better work can be obtained thereby. (M. C., sec. 2190.) 


Sec. 2318. Obstructing sewers forbidden.— No person shall 
deposit or throw into any sewer or sewer inlet, or into any private drain 
connecting with a public, district or joint district sewer, any straw,, hay, 
shavings, tinners’ scraps, waste, produce or material of manufacture, ma- 
nure, rags or garbage, or any substance which may cause the sewer or sewer 
inlet to choke up, or which may cause a nuisance; nor shall any dam or 


SEC. 34.] OF SEWERS. 1065 


other obstruction be placed in any sewer unless permission so to do is ex- 
pressly granted by the sewer commissioner. (Ord. 20668, amending M. C, 
sec. 2191. ) 


See also Rev. Code, sec. 611, as to obstructing sewers. 


Sec. 2319. Establishments discharging matter likely to ob- 
struct sewers—how connected—when  prohibited.—No pack- 
ing house, slaughter house, lard rendering establishment, dairy, steam en- 
gine, steam boiler or any establishment by which, in the opinion of the board 
of public improvements, anything would be discharged into the sewers 
tending to obstruct or injure the same or to cause a nuisance, shall be con- 
nected with any public, district or joint district sewer, except through one 
or more intervening catch basins as may be prescribed by said board, and 
in case the matter discharged by any establishment cannot, in the opinion 
of said board, be rendered harmless to the sewer or to the public health, they 
shall be excluded from the sewer entirely. (J/b., amending M. C., sec. 2192.) 


See. 2320. Violations of preceding sections—procedure— 
misdemeanor.—In case any establishment shall discharge into any pub- 
lic, district, joint district or private sewer in violation of the provisions of 
the preceding sections, the sewer commissioner shall, whenever ordered by 
the board of public improvements, notify the owner or occupant of such es- 
tablishment to cease from such violation, and if catch basins are needed, to 
build such catch basins according to plans approved by said board within 
thirty days from the date of said notice. If, at the expiration of said notice, 
the order so given shall not have been complied with, the person, firm or 
corporation controlling the establishment shall be deemed guilty of a mis- 
demeanor and be prosecuted therefor. (/b., amending M. C., sec. 2193.) 


Sec. 2321. When obstructions removed at cost of owner. 
—If the drainage discharged from any dairy, slaughter-house or chemical 
works or. manufacturing establishment shall produce or form a deposit 
obstructing a sewer, or if ashes, manure, or any other substance thrown 
into any sewer or sewer inlet shall choke or obstruct the same, the sewer 
commissioner shall immediately remove the obstruction, keeping an account 
of the cost of such removal, and shall certify an account of such cost to the 
person or persons from whose establishment or premises the material caus- 
ing or forming the obstruction came, and if such person or persons shall 
fail, neglect or refuse to pay said sum into the city treasury within five 
days after demand has been made, he or they shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined in a sum double 
the amount so due and owing, and the payment of the fine and costs shall 
operate as a discharge in full of said demand. (M. C., sec. 2194.) 


Sec. 2322. Penalty.—Any person who shall violate any of the pro- 
visions of this chapter shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than ten nor more than two hun- 
dred dollars. If a fine is imposed upon a bonded drainlayer or plumber, as 
herein provided, no permit for work under the control of the board of pub- 
lic improvements shall be issued to such drainlayer or plumber until said 
fine shall have been paid. (M. C., sec. 2195.) 


1066 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 35, 


CHAP TER 'SS: 
OF STEAM BOILERS AND ELEVATORS.* 


Sec. 2323. Inspector of boilers and elevators—appointment 
and qualifications.—The mayor shall appoint, by and with the consent 
of the council, an inspector of boilers and elevators, who shall be a practical 
mechanical engineer, and competent to test and inspect steam boilers and 
elevators and all steam-generating apparatus under pressure. (M. C., sec. 
2196.) 


Sec. 2324. Seven deputy inspectors to be appointed—quali- 
fications.—Said inspector of boilers and elevators is authorized to em- 
ploy, by and with the consent of the mayor, seven deputy inspectors, who 
shall possess the same qualifications as the inspector of boilers and eleva- 
tors, and perform the same duties. (Ord. 21497, amending M. C., see. 2197.) 


Sec. 2325. Clerk and assistant clerk to be appointed—bond. 
—He shall also appoint a clerk and an assistant clerk, and who shall receive 
the same salary as the clerk, and who shall give bond to the same amount as 
now required of the clerk. (Ord. 21497, amending M. C., sec. 2198.) 


Sec. 2326. Tenure of office.—The inspector of boilers and eleva- 
tors, his deputies and clerk, shall hold their offices for a term of four years, 


” 


and until their successors are appointed and qualified. (M. C., sec. 2199.) 


Sec. 2327. Assistant boiler inspectors.—The inspector of boilers 
and elevators, in addition to seven deputies above mentioned, shall employ, 
with the advice and consent of the mayor, upon the written application of 
the president of any steam boiler inspection and insurance company, duly 
authorized by the insurance laws of the State of Missouri to transact busi- 
ness aS an insurance and inspection company in the State of Missouri, one 
or more assistant boiler inspectors (for every such cempany making appli- 
cation therefor), who shall inspect and test the boilers insured by the com- 
pany employing him, and no others. The said assistant boiler inspector 
shall serve without compensation from the city, and hold his office until 
removed by the mayor, at the request of the company he may represent, 
when said request is indorsed by the inspector of boilers and elevators, or he 
may be removed for cause by the inspector of boilers and elevators, to be 
first approved by the mayor. (M. C., sec. 2200.) 


See. 2328. Board of engineers constituted.—The mayor shall 
also appoint, by and with the consent of the council, two persons, one of 
whom shall be a practical and mechanical engineer, and one shall be a mant- 
facturer of engines and steam machinery; both shall have at least five years’ 
experience in the business, who, in connection with the inspector of boilers 
and elevators, shall constitute a board of engineers. (M. C., sec. 2201.) 


*Charter, Art. III, sec. 26, clause 7, The ordinance provisions of this chapter 
are valid: St. Louis vs. Lamp Co., 139 Mo. 560. Amongst other things the court 
observes: “We take judicial notice of the dangers incident to the operation of 
steam engines and boilers when in inexperienced and unlicensed hands, and have 
no doubt as to the power of the city to take such measures as have been taken 
to provide by ordinance for the public safety. Such ordinances as the aforesaid 
merely prescribe vegulations for the orderly conduct of a very necessary and if 
neglected, a very dangerous business in the large centers of population.” 


CHAP. 35.] OF STEAM BOILERS AND BELEVATORS. 1067 


Sec. 2329. Duties of inspector of boilers and elevators. 
The inspector of boilers and elevators shall devote the whole of his time 
and attention to the duties of his office, and also perform the duties of 
secretary of the board of engineers. He shall carefully inspect and test 
every stationary boiler and steam-generating apparatus under pressure used 
for stationary power, as provided by this chapter, including all attachments 
and connections, located within the city, at least once annually. He shall 
keep in the office of the board of engineers a complete and accurate record 
of the names of all owners or users of steam boilers, giving a full description 
of the boilers inspected by him, and the amount of pressure allowed and the 
date when last tested. He shall notify all owners or users of boilers of the 
time when a reinspecction and test will be made, at least ten days before the 
expiration of each certificate of inspection, and appoint a day on which he 
will make a reinspection. (M. C., sec. 2202.) 


Sec. 2330. Manner of inspection—certificate.—The manner of 
inspection shall be substatially as follows: The owners of steam boilers 
and users shall have the option of taking the hammer test or the hydro- 
statie test; also of electing whether the inspector of boilers and elevators 
or one of the assistant inspectors, mentioned in this chapter and employed 
and paid by the inspection and insurance companies, shall make such test. 
If the hammer test be asked for, the examination shall be thorough and 
searching upon every part of the boiler, both internally and externally, in- 
cluding all fittings and attachments. If the hydrostatic test be asked for, 
each boiler shall be tested by the hydraulic pressure one-fourth greater than 
the ordinary working steam pressure use d, and the certificate of inspection 
herein provided shall state the maximum pressure at which any boiler may 
be worked. In case a defect shall be discovered in any boiler or attachment 
thereto, the inspector of boilers and elevators shall report the same to the 
owner or user of said boiler or boilers, and state the facts of the case in 
writing, giving a description of the particular locality in which each defect 
may be found, and whether of a dangerous character and necessitating im- 
mediate repair. If the inspector of boilers and elevators shall at any time 
find a boiler which, in his judgment, is unsafe, after inspecting same, he 
shall condemn its further use. All boilers to be tested by the hydrostatic 
pressure shall be filled with water by the owners or users, and they shall 
furnish the necessary labor required to work and handle the pumps in ap- 
plying the test. When leaks occur which prevent a successful test, the in- 
spector of boilers and elevators shall make a second test, upon receiving 
notice that all leaks have been repaired. If, upon making a second test, the 
boiler or boilers are still defective, he shall, ‘for each subsequent test, collect 
an additional inspection fee, but in no case shail he give a certificate until 
fully satisfied of the safety of the boiler or boilers. All certificates of in- 
spection shall be for one year and no longer. Any owner or user of any 
boiler or boilers insured by any steam boiler inspection and insurance com- 
pany duly authorized to transact business in the State of Missouri, shall, 
upon his request, havé the hydrostatic test applied once annually, without 
extra charge, by the assistant boiler inspector of such company, as provided 
in this chapter. (M. C., sec. 2205.) 


See. 2331. Location and furnishing of office.—The inspector 
of boilers and elevators and board of engineers shall be provided with an 
office in the city hall, suitably furnished, including all needed blanks, sta- 
tionery, and the mechanical appliances needful for their official duties. 
(M. C., sec. 2204.) 


1068 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 35. 


Sec. 2332. Sessions of board—shall have power to grant 
licenses to engineers, which may be revoked.—Said board shall 
provide for regular sessions, and the inspector of boilers and elevators shall 
act as secretary, and keep minutes of the proceedings. Said board shall 
convene for business once in each week to examine into the qualifications of 
applicants for engineers’ licenses. A majority of the members of said board 
shall constitute a quorum for the transaction of business. The secretary 
shall keep a register of the names of all applicants, designating those found 
qualified and those not qualified. Said board shall grant certificates of li- 
cense, for one year from date thereof, to all applicants who, upon examina- 
tion, shall have the capacity, skill, experience and habits of sobriety requi- 
site to perform the duties of an engineer, and no person possessing such 
qualifications shall be refused a license. Each applicant for a license shall, © 
at the time of filing his application, pay to the inspector of boilers and ele- 
vators a fee of two dollars for each examination, and all money so received 
by the inspector of boilers and elevators shall be paid into the city treasury, 
as provided by section twenty-three hundred and thirty-six, but no charge 
shall be made for renewals. All certificates of licenses granted shall be 
signed by not less than two, and may be signed by all the members of the 
board. The board of engineers may adopt such rules and regulations as 
they shall deem proper, not inconsistent with this chapter and the general 
law. <A full board of engineers, by an unanimous vote, shall have the power 
to revoke an engineer’s license for inebriety, dishonesty or neglect of his 
duties, when in charge of an engine or boiler in use, and may order the re- 
inspection of any boiler whenever they shall deem it necessary for the pub- 
lic safety; but no license shall be permanently revoked for cause without 
first giving the accused party an opportunity to be heard in his own de- 
fense. . (M. C., sec. 2205.) 


Section sustained against various contentions of invalidity: St. Louis vs. . 
Lamp Mfg. Co., 139 Mo. 560. 


Sec. 2333. Appeals to board of engineers.—Any owner or 
user of a steam boiler or elevator, feeling aggrieved on account of any de- 
cision of the Inspector of Boilers and Elevators, may appeal to the board of 
engineers, and upon a thorough and careful investigation of the matter at 
issue between the parties, a majority of the board shall decide the question, 
which decision shall be final in all cases; but the Inspector of Boilers and 
Elevators shall not have a vote in any matter in which there is an appeal 
from his decision. (M. C., sec. 2206.) 


Sec. 2334. When unlicensed persons may be employed—vio- 
lation misdemeanor—ecertificate displayed.—The owners or users 
of steam boilers or engines of a capacity of not over seventy-five square feet 
of heating surface, and pressure of not over twenty-five pounds of steam to 
the square inch used for power only, and all boilers under a pressure of 
fifteen pounds to the square inch used for heating purposes only, shall ap- 
ply for a permit to employ a competent, careful and trustworthy person, 
instead of a licensed engineer, such person to be recommended by two citi- 
zens, one of whom shall be a steam user or a licensed engineer, and if found 
competent by the Inspector of Boilers and Elevators, said permit shail be 
granted. The Inspector of Boilers and Elevators shall have the power to 
revoke such permit for cause. ‘In case the owner or user of any boiler shall 
for cause be deprived of the services of a licensed engineer, he may put a 
trustworthy person in charge for a time not exceeding twenty-four hours, 
unless a special permit is obtained from the Inspector of Boilers and Hle- 
vators, extending the time, which in no case shall exceed three days. At all 


CHAP. 35.] OF STEAM BOILERS AND ELEVATORS. 1069 


times when boilers are in use and engines run, there shall be in charge an 
engineer having a certificate of license from the board of engineers, which 
certificate of license shall be displayed in some prominent place where the 
boilers or engines are in use, and any owner or user as aforesaid, who shall 
neglect or refuse to employ a licensed engineer as herein provided, or any: 
unlicensed person found in charge of boilers or engines requiring a licensed 
engineer as above provided, shall be deemed guilty of a misdemeanor, and on 
conviction shall pay a fine of not less than twenty-five nor more than one 
hundred dollars. Any engineer having a certificate of license from the 
board of engineers, who shall neglect or refuse to comply with the provi- 
sions of this section, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than ten nor more than twenty-five dol- 
lars. (Ord. 21482, amending M. C., sec. 2207.) 


See 139 Mo. 1. c. 569. 


See. 2335. Inspection of boilers—violation misdemeanor 
—regulations—penalties.—Ali owners or users of any stationary boil- 
er or boilers, or steam-generating apparatus under pressure shall have the 
same inspected and tested as herein provided, before and while being used, 
and at least once a year thereafter; and for every neglect or refusal to have 
such inspection and test they shall be deeemd guilty of a misdemeanor, and 
upon conviction thereof, shall be fined in a sum of not less than twenty-five 
nor more than two hundred dollars. On the written application of any 
owner or user of a steam boiler or boilers, or steam-generating apparatus, 
duly countersigned by the assistant boiler inspector of any steam boiler 
inspection and insurance company, which is authorized to transact busi- 
ness as herein provided, it shall be the duty of the inspector of boilers and 
elevators, upon the receipt of such application, to direct the assistant boiler 
inspector who countersigned the application to inspect the boiler or boilers 
of any such owner or user making such application, by the hammer test; 
and the assistant boiler inspector, who shall make the inspection and no 
other, shall, after performing the duty, report in writing upon the same to 
the inspector of boilers and elevators, who shall thereupon give the said 
owner or user a written copy of the report of such assistant boiler inspector 
and a certificate of inspection upon payment of the fees required by this 
chapter; and the said inspection and certificate shall be valid and accepted 
as in full compliance with the provisions of this chapter. In addition to the 
above, each steam boiler inspection and insurance company doing business 
under the provisions of this chapter, shall make semi-annual report to the 
Inspector of Boilers and Elevators of all boilers inspected by the respective 
companies on the first day of January and July of each year, on blanks to 
be furnished by the Inspector of Boilers and Elevators, and such blanks 
shall contain the same requirements as those used by the deputy inspectors. 
If owners or users of steam boilers, or engineers in charge of the same, shall 
carry a greater pressure than is allowed in the certificate of inspection 
granted by the Inspector of Boilers and [levators, they, or either of them, 
shall be deemed guilty of a misdemeanor, and on conviction thereof, shall 
be fined in a sum not less than fifty dollars nor more than three hundred 
dollars, and in case of an engineer, his license shall be revoked; or if such 
owners or users shall use any boiler which has been condemned as unsafe 
by the Inspector of Boilers and Elevators, they shall be deemed guilty of 
a misdemeanor, and on conviction thereof, shall be fined in a sum not less 


than one hundred dollars nor more than five hundred dollars. (M. C., see. 
2208.) 


1070 REVISED CODE OR GENERAL ORDINANCES. [CHAP, 35. 


Sec. 2336. Inspection—blanks, fees and returns.—The regis- 
ter shall issue to the comptroller certificates of inspection for steam boilers 
regularly numbered and duly signed by each of said officers in denomina- 
tions proper to meet the requirements of this chapter, but blank as to the 
owners’ or users’ names, date, pressure, locality and number of the boilers. 
The comptroller shall issue such certificates of inspection to the Inspector 
of Boilers and Elevators, and charge them to him; the Inspector of Boilers 
and Elevators shall collect from all owners or users the following inspection 
fees, and no more: For every boiler five dollars, whether set singly or in 
sets; where sets of boilers are built one above another only those imme- 
diately over the firebed shall be counted. The Inspector of Boilers and 
Klevators, upon the receipt of the money for inspection fees, shall promptly 
deliver to every owner or user of any boiler, certificates of inspection of the 
boilers inspected by him or by his assistant; every such certificate of in- 
spection shall be properly filled up as herein provided, and signed by said 
boiler inspector; said certificate of inspection shall be displayed in some 
prominent place near where the boilers are used. The Inspector of Boilers 
and Klevators shall make weekly returns to the city comptroller of all 
moneys collected, giving the names of the steam users and candidates for 
examination from whom collected, and shall pay the money collected into 
the city treasury at least twice in each week. (M. C., sec. 29()9.) 


Sec. 2337. Semi-annual report to comptroller.—The inspector 
of boilers and elevators shall make a semi-annual report to the comptroller, 
reporting the full number of boilers in the city, the number in use, the 
number inspected and the number condemned as unsafe. He shall report 
the date, name of the owner and the locality of every boiler accident. 
whether it be from a rupture or collapse of flue or explosion of the shell 
of a boiler, stating his belief as to the cause thereof. He shall further re- 
port the number and the names of applicants for engineers’ licenses, the 
number rejected and the number granted certificates and amount received 
as fees for examinations. Such reports shall be signed by the full board 
of engineers and open to the inspection of all persons interested. (M. C., 
sec. 2: 210.) 


Sec. 2338. Salary and bond of inspector.—The inspector of 
boilers and elevators shall receive a salary of eighteen hundred dollars per 
annum, which shall be in full for all services rendered by him. He shall 
give bond to the City of St. Louis in the penal sum of ten thousand dollars, 
with two or more sureties, to be approved by the mayor and council, con- 
ditioned for the faithful, skillful and impartial performance of the duties of 
his office, and that he will fully account for and pay into the city treasury 
all moneys received by him as herein provided. (M. C., sec. its ) 


Sec. 2339. Bonds of deputy inspectors.—The deputy inspectors 
appointed under this chapter shall give a bond in the penal sum of five. 
thousand dollars, with the same conditions as required of the. inspector of 
boilers and elevators, and subject to the approval of the mayor and coun- 
cil. «(M. C., sec. 2212.) 


Sec. 2340. Bonds of assistant inspectors.—The assistant in- 
spectors appointed under this chapter shall each give bond to the city in 
the penal sum of five thousand dollars, to be approved by the mayor and 
council, conditioned as the bond required of the inspector of boilers and 
elevators, and further to save the city harmless by reason of any neglect 


CHAP. 35. ] OF STEAM BOILERS AND ELEVATORS. 1071 


or refusal to faithfully perform the several duties required by this chapter. 
(M. C., sec. 2213.) 


See. 2341. Deputy inspectors to devote entire time—sal- 
aries.—The deputy inspectors shall devote their entire time to the duties 
of their office, and be paid for their services the sum of twelve hundred 
dollars each per annum. (M. C., sec. 2214.) 


Sec. 2342. Bond and salary of clerk—inspector responsible 
for clerk.—The inspector of boilers and elevators shall be responsible 
for the acts of said clerk, and shall require him to give bond. Said clerk 
shall receive a salary of twelve hundred dollars per annum, payable 
monthly. (M. C., see. 2215.) 


See. 2318. Bond and compensation of members of board. — 
The members of the board of engineers, except the inspector of boilers and 
elevators, shall each receive four dollars for each session at which they are 
present; provided, said board shall not hold to exceed one session per week. 
They shall each give bond in lke manner as the inspector of boilers and 
elevators, with the same conditions, and in the penal sum of five hundred 
dollars, said bond to be approved by the mayor and council. (M. C., sec. 
2216.) 


See. 2344. Salaries paid out of what fund.—The salaries of 
the officers herein created shall be paid out of the appropriation for board 
of engineers and inspector of boilers and elevators. (M. C., sec. 2217.) 


Sec. 2345. Qualifications of members of board and deputy in- 
spectors.—The board of engineers and deputy inspectors appointed un- 
der this chapter shall each possess the qualifications prescribed in section 
ten, article four of the Charter. (M. C., sec. 2218.) 


Sec. 2346. Misconduct of inspector, etec., when misdemeanor. 
—If the inspector of boilers and elevators, his deputy or assistants, shall 
neglect or fail to discharge his or their duties by reason of inebriety or 
by neglecting to perform the duties of inspector, or to pay over moneys 
received for inspection and examination as provided in this chapter, or in 
any manner use their position for corrupt or dishonest purposes, he or they 
shall be deemed guilty of a misdemeanor, and on conviction thereof, be 
fined in a sum of not exceeding one hundred dollars, and forfeit his or their 
office. (M. C., sec. 2219.) 


See. 2347. What exempt from  chapter.—The engineers, en- 
gines and boilers of the fire department, and the locomotive boilers used on 
railroads, and steam boilers supplied with water automaticaily and having 
no pump or injector, and used only for heating dwelling-houses, not carry- 
ing under pressure over eight pounds of steam per square inch, are ex- 
empt from the provisions of this chapter. (M. C., see, 2220.) 


Sec. 2348. Application and examination of license.—PHvery 
applicant for license who fails to pass the examination of the board, is re- 
quired to wait four weeks before again making application for license, and 
the board shall give him another examination. Every applicant for license 
must make application for a license on a blank furnished by the inspector 
of boilers and elevators for that purpose. Applicants must have at least 


1072 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 35. 


two years’ experience at mechanical or steam engineering, and must write 
and state his experience on said blank. He shall go before the inspector of 
boilers and elevators and make oath that the statements set forth in such 
blank are true facts. (M. C., sec..2221.) 


Sec. 2349. Licensed engineers must give notice of changes 
of employment.—Every engineer licensed by the board is required to 
notify the inspector of boilers and elevators when he accepts or leaves his 
employment, and within twenty-four hours thereafter the name of his em- 
ployer and the location of the boilers in his charge. Any engineer who 
fails to give such notice may have his license revoked by the board. (M. C., 
sec. 2222.) 


See. 2350. Application for renewal of revoked license. — 
Application for renewal of such license shall be made not later than the 
third meeting of the board next following the expiration of the license, and 
unless the above provision is complied with, the board may, at its dis- 
cretion, order a new examination. (M. C., sec. 2223.) | 


Sec. 2351. Boiler inspector’s certificate to be posted—pen- 
alty.—Any steam user failing to place or put in a conspicuous place in 
the engine-room or boiler-house, the boiler inspector’s certificate, shall be 
deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined 
not less than twenty-five dollars nor more than one hundred dollars. Upon 
any owner or user of a boiler refusing to pay for said certificate, or to ob- 
tain a certificate of inspection as provided for in section 2336, it shall then 
become the duty of the inspector of boilers and elevators to at once draw 
the fire under the said boiler, and not permit its further use until the said 
certificate is duly paid for, as required in said section. (Ord. 21480, amend- 
ing M. C., sec. 2224.) 


Sec. 2352. Licensed engineer to make semi-annual report 
—failure—penalty.—Any engineer licensed by the board shall, within 
the first ten days of January and July, each make a written report to the 
inspector of boilers and elevators of the condition of all boilers and appa- 
ratus in his charge, and if he neglects or fails to comply with this section 
or if intoxicated while in the discharge of his duty, he shall be deemed 
guilty of a misdemeanor, and on conviction thereof, shall, besides the fines: 
otherwise provided for, forfeit his license. (M. C., sec. 2225.) 


Sec. 2353. Expenditures—how paid.—All the expenditures 
for horses, horse feed, harness, wagons, pumps, hose and other proper ex- 
penses and necessary apparatus for the inspection of boilers, shall be 
charged and paid as expenses for the office of the board of engineers and 
inspector of boilers and elevators, and all bills before being paid, shall be 
audited and approved by the comptroller. (M. C., sec. 2226.) 


Sec. 2354. Duties of owners and users of boilers.—Be- 
fore any owner, owners or users of steam boiler or boilers shall have said 
boiler or boilers placed in position, he or they shall notify the inspector 
of boilers and elevators, who shall examine the same, and satisfy himself 
that the construction, material, bracing and all other parts of the boiler 
or boilers are such as to assure the safety of the same. It shall also be 
the duty of any owner or user of any steam boiler that requires repairs 
to notify the inspector of boilers and elevators, who shall satisfy himself 


CHAP. 35.] OF STEAM BOILERS AND ELEVATORS. 1073 


that the repairs made will assure the safety of said boiler or boilers. Any 
violation of the provisions of this section shall be considered a misde- 
meanor, punishable by a fine of not less than ten nor more than twenty- 
five dollars. (M. C., sec. 2227.) | 


See. 2355. Boilers to have plugs—regulations.—aAll boilers 
shall have inserted in them plugs of brass, filled with banca tin, as follows: 
All cylinder boilers with flues shall have one plug inserted in one flue 
of each boiler; and also one plug in the shell of each boiler, as follows: 
All plugs in shells shall have an external diameter of not less than that of 
one-inch gas-pipe screw tap, and an internal opening not less than one-half 
inch in smallest opening, all plugs to be inserted in shell from inside, on 
second sheet from forward end, one inch above flues; all plugs to be in- 
serted in flues not more than three feet from after end; all plugs to be in- 
serted in flues to have an external diameter of that of a three-fourth gas- 
pipe screw tap, and an internal opening of one-half inch except flues or 
tubes of six inches or less, when plugs may be used with an external diam- 
eter of that of three-eighth gas-pipe screw tap, with an internal opening 
of one-fourth of an inch. The inspector of boilers and elevators shall have 
power to have one plug placed in each boiler not provided for in this sec- 
tion, as he may deem necessary for the safety of lives and property, and it 
shall be the duty of the inspector to see that such plugs are filled with 
banca tin at each inspection. (M. C., sec. 2228.) 


See. 2356. Inspection of elevators—ali elevators to be 
regularly inspected,—It shall be the duty of the inspector of boilers and 
elevators to regularly inspect all elevators used for the purpose of carry- 
ing either passengers or freight; to see that the same are in perfect work- 
ing order, and that all the parts are in good condition and repair. And 
for this purpose he shall have the right to enter the premises where any 
such elevator may be in use. The result of such inspection shall be prop- 
erly recorded in books kept for that purpose in tlhe office of the inspector 
of boilers and elevators, from which place all notices, certificates, etc., shall 
be issued. (M. C., sec. 2229.) 


Sec. 2357. Elevators—duties of owner.—lIt shall be the duty 
of every person operating or using any passenger or freight elevator in any 
building within the limits of the city to cause the same to be inspected 
and examined by the inspector of boilers and elevators at least once in 
three months (excepting elevators operated exclusively by hand, which 
shall be inspected at least once every six months), and every such person 
shall apply to and procure from the inspector of boilers and elevators, with- 
in five days after such inspection, a certificate to the effect that said ele- 
vator is in a safe and sound condition, and said certificate shall be kept in 
public view by having the same posted as near as possible to the entrance 
of the elevator car. (M.C., sec. 2230.) 


Sec. 2358. No inspection of dumb-waiters, ete., required. 
—For dumb-waiters, or any other lifts or hoists operated by 
hand, not exceeding a capacity of three hundred pounds, no inspection is 
necessary. (M. C., sec. 2231.) 


Sec. 2359. Fees to be paid into city treasury.—The in- 
spector of boilers and elevators shall charge a fee of one dollar for each 
certificate so issued, and all moneys received by him shall be paid into the 
city treasury, as provided by this chapter. (M. C., sec. 2232.) 


1074 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 35. 


Sec. 2360. Elevators not to be operated without certifi- 
cate.— It shall be unlawful to run or operate any elevator within the 
city without first having obtained a certificate from the inspector of boil- 
ers and elevators as prescribed in the preceding section, and any user of 
an elevator who fails or refuses to obtain said certificate shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, be fined not less 
than ten dollars nor more than one hundred dollars, and for each day such 
violation shall continue, after notice has been given by the inspector of 
boilers and elevators, or during which the person or persons so notified 
shall neglect or refuse to comply with the provisions of this chapter, there 
shall be an additional fine of fifty dollars. (M. ©., sec. 2233.) 


Sec. 2361. Defects—how remedied.—Should any defects be 
found to exist in any part or parts of any passenger elevator which would 
tend to impair the safety, or endanger life by continued use of such ele- 
vator, the inspector of boilers and elevators shall cause a written notice to 
be served upon the users of said elevator, which notice may contain a state- 
ment of repairs necessary to be made, and said elevator shall not again be 
used until a certificate in writing shall be issued by the inspector of boilers 
and elevators that it has been put in a safe running order, and is fit for 
use. (M. C., see. 2234.) 


Sec. 2362. Notice of changes to be given.—The inspector 
of boilers and elevators shall be notified of any changes to be made by 
owners or users of elevators. (M. C., sec. 2235.) 


Sec. 2363. Builders of boilers or elevators to notify 
inspector and submit plans—to be approved—certificate. 
—Hereafter any manufacturer or builder of boilers, upon receiving a con- 
tract to construct a boiler to be installed within the limits of the City of 
St. Louis, shall notify the inspector of boilers and elevators of the fact, 
and submit to him plans and specifications of same. All plates or sheets 
used in the construction of any boiler which is to be installed in any build- 
ing within the City of St. Louis shall be carefully inspected, as well as the 
workmanship of said boiler, by the inspector of boilers and elevators, and 
the same condemned if not in compliance with the required standard. 
Hereafter any manufacturer or builder of elevators, upon receiving a con- 
tract to erect or construct an elevator within the limits of the City of St. 
Louis, shall notify the inspector of boilers and elevators of the fact, and 
file a copy of the plans and specifications of said elevator therewith for his 
approval, showing the size and construction of the sheaves drum, ropes or 
cables, and all automatic devices thereon, together with the clearance at top 
and bottom of the shaft, and the automatic locking devices on the doors or 
gates to the shaft. Before said boiler or elevator is put in operation, a cer- 
tificate shall be obtained as provided for in section 2361. (Ord. 21481, 
amending M. C., sec. 2236.) | 


Sec. 2364. Competent operatives to be employed.—The users 
of all power elevators shall employ a competent person to operate and run 
the same, who shall have a proper knowledge of all the parts of the ma- 
chinery for the working of the elevator of which he may have charge, and 
who shall not be less than sixteen years of age, and of industrious and 
sober habits. Whenever it shall become evident to the inspector of boilers 
and elevators that any person employed in the above capacity is incompe- 
tent or untrustworthy, he shall notify the users of said elevator, who shall 


CHAP. 36.] SUPPLY DEPARTMENT. 1075 


at once replace the incompetent employe with a qualified operator. (M. C., 
sec. 2237.) 


See. 2365. Penalty.—Any violations of the provisions of this chap- 
ter, for which a penalty is not provided, shall be deemed a misdemeanor, 
and the person, persons, copartnership or corporation guilty thereof shall, 
on conviction thereof, be fined in a sum not less than ten nor more than one 
hundred dollars, before the court or courts having competent jurisdiction. 
(M. C., sec. 22388.) 


CHAPTER 36. 
SUPPLY DEPARTMENT.* 


Sec. 2366. Office of Commissioner of supplies created.— 
There is hereby created and established the office of Commissioner of sup- 
plies, which office shall be conducted by the officer known as the commis- 
sioner of supplies, to be appointed as provided in section two of article four 
of the Charter. (M. C., sec. 2239.) 


Sec. 2367. Qualifications of commissioner.— In addition to the 
qualifications prescribed in section ten of article four of the Charter, the 
commissioner of supplies shall have been a resident of the city at least 
three years next preceding his appointment. (M. C., see. 2240.) 


Sec. 2368. Salary of commissioner.—The Gommissioner of sup- 
plies shall receive a salary of three thousand five hundred dollars per year, 
payable monthly. (M. C., sec. 2241.) 


See. 2369. Bond of commissioner.—The commissioner of sup- 
ples shall give a bond of fifty thousand dollars, with not less than three 
good securities, who shall be holders of unincumbered real estate within 
the city, said bond to be approved by the mayor and council. The condi- 
tion of said bond shall be, that said commissioner shall honestly and faith- 
fully execute and perform the duties of his office as prescribed by law and 
ordinances; that he will not directly or indirectly be in any manner inter- 
ested in the sale of any article to the city, that he will not, directly or indi- 
rectly, receive any bribe, gift or consideration of any kind from any person 
or persons who have been, are now, or likely to be engaged through the de- 
partment in furnishing any supplies or selling any article to the city. (M. 
C., sec. 2242.) 


Sec. 2370. Deputy—dutie s—salary.—The commissioner of 
supplies, by and with the consent and approval of the mayor, shail appoint a 
deputy, who shall, in the absence of the principal, perform his duties, and 
shall otherwise perform such duties as his principal shall prescribe. The 
salary of the deputy shall be at the rate of fifteen hundred dollars per an- 
num, payable monthly. (M. C., sec. 2243.) 
See. 2371. Stenographer—appointment—salary.—The commis- 
sioner of supplies, by and with the approval of the mayor, shall appoint 


*or Charter provision, see Art. IV, sec. 29. Other provisions affecting the of- 
ices seetArt) LV, wees..25 9, 47; Ant Abhrsec: 2. 


1076 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 36. 


one stenographer, who shall receive a salary of seventy-five dollars per 
month, payable monthly out of municipal revenue. (Ord. 207381.) 


See. 2372. Other employes—appointments—salaries.—The 
Commissioner of Supplies by and with the approval of the Mayor, shall 
also appoint four clerks, who shall each receive a saiary of one hundred 
dollars per month; also, one bookkeeper, who shall receive a salary of one 
hundred dollars per month; and also one assistant bookkeeper, who shall 
receive a salary of one hundred Collars per month; ail of the said salaries 
to be paid monthly. (Ord. 21459, amending M. C., sec. 2244.) 


See. 2373. Purchase of supplies by commissioner—advertise- 
ments—deposit by bidders—bids—contracts—approval of con- 
tracts—return of deposits.—The Commissioner of Supplies shall pur- 
chase all articles needed by the city in its several departments in such man- 
ner and under such regulations as may be provided by ordinance, and, as 
far as practicable, by advertisement for proposals to furnish the same. Ad- 
vertisements for such proposals shall state fully the quantity and quality 
of all articles needed, the time and place fixed for opening proposals, and 
the Commissioner may, by the advertisement, require every bidder to deposit 
with the Commissioner a check certified to by some bank or trust company 
in the City of St. Louis, payable to the order of the Treasurer of the City 
of St. Louis, for such amount of money as the Commissioner may deem suf- 
ficient to secure the proper execution of the contract, or contract and bond 
for furnishing supplies for which proposals are solicited, or to secure the 
furnishing of supplies not under formal contract and in a manner satis- 
factory to the Commissioner. The Commissioner shall furnish to each bid- 
der a printed blank for his proposal whereon the bidder shall state the quan. 
tity, quality and price of the article to be furnished, and in specifying the 
quantity and quality thereof, he shall recite the requirements of the adver- 
tisement, and any bidder may make his proposal for any one article named 
in the advertisement. All proposals shall be sealed, and opened at the time 
and place fixed by the advertisement, in the presence of such bidders as de- 
sire to be present, and shall be open to the inspection of bidders. The 
award for each article shall in all cases be made to the lowest bidder there- 
for, except, however, that any bid having any alterations or erasures upon 
it shall be rejected, and further, that the Commissioner shall have the right 
to reject any and all bids. Whenever a formally executed contract for the 
furnishing of supplies shall be required by law, such contract shall be ap- 
proved by the Mayor before it shall become binding upon the city; whenever 
the Commissioner shall purchase any ‘supplies without advertisement for 
proposals therefor, such purchase shall be approved by the Comptroller be- 
fore the same shall become binding upon the city. When the contract, or 
the contract and bond, for furnishing the supplies for which the proposals 
were solicited, shall have been fully executed according to law, or when 
the furnishing of supplies shall have been awarded, the Commissioner shall 
return to every unsuccessful bidder to whom the contract for furnishing 
shall have been awarded, the check by him deposited as hereinbefore pro- 
vided. The Commissioner shall, upon awarding the contract for furnishing 
supplies, or the furnishing of supplies not under formal contract, deliver 
the certified check so deposited by the successful bidder to whom the contract 
or furnishing shall have been awarded, to the City Treasurer, who shall re- 
ceive and credit the amount so deposited to the account of “Contracts and 
Other Deposits Fund,” and _ shall issue quadruplicate receipts therefor, 
specifying the date, amount of money received and from whom, upon ac- 


CHAP. 36.] SUPPLY DEPARTMENT. 1077 


count of what proposal, and the authority of this article, one receipt to be 
delivered to the depositor, one to the Comptroller, one to the Auditor and 
one to the Commissioner of Supplies, each conditioned that if the bidder 
shall fully execute, according to law, the contract, or the contract and bond, 
requisite for the furnishing of the supplies awarded to him, or, when sup- 
plies are to be furnished not under formal contract, shall furnish such sup- 
plies and in a manner satisfactory to the Commissioner, then the Treasurer 
shall repay to the bearer the amount deposited upon the surrender of the 
Treasurer of the warrant hereinafter required to be issued to every success- 
ful bidder. When the contract, or contract or[and] bond, requisite for furnish- 
ing supplies shall have been fully executed according to law, or, when sup- 
plies to be furnished not under formal contract, shall have been furnished 
and to the satisfaction of the Commissioner, the Commissioner shall issue 
to every successful bidder aforesaid who shall have made the required de- 
posit, an order directing the auditor to deliver to the party named in the 
Commissioner’s receipt aforesaid a warrant directing the Treasurer to pay 
to said party the amount stated in said receipt. The Auditor, upon surren- 
der to him of the aforesaid order of the Commissioner shall draw a warrant 
directing the City Treasurer to pay to the order of the party named in the 
Commissioner’s order the amount therein stated. The City Treasurer shall, 
upon the surrender of the aforesaid warrant, pay to the bearer thereof the 
amount therein stated, if a bidder shall have been awarded a contract for 
furnishing supplies but shall fail -to execute the contract, or the contract 
and bond, according to law, the Treasurer shall, upon notification from the 
Commissioner to that effect, retain the amount deposited by such bidder; or, 
if a bidder shall have been awarded the furnishing of supplies not under for- 
mal contract, but shall fail to fully furnish the same according to the terms 
of the proposal and bid and to the satisfaction of the Commissioner, the 
Treasurer shall, upon notification from the Commissioner to that effect, re- 
tain the amount deposited by such bidder; amounts so retained shall be 
covered into the general fund of the Treasury. (Ord. 22144, amending M. 
©., sec. 2245.) 

See) Charter, ~Art. LV. sec. 29.) See also "Vierdin= vs: Sti) Louis, 131 Mor 26: 161 

et seg., per Sherwood, J., dissenting. 


See. 2374. To contract for fuel, milk and ice—when. 
—The commissioner of supplies shall in the month of June of each year 
advertise for proposals, and enter into contract on the part of the city for 
furnishing for the period of one year all fuel and milk, and shall also in 
the month of December, January or February of each year advertise for 
proposals, and enter into contract on the part of the city, for furnishing 
for the period of one year all ice that may be required for the use of the 
city hospital, insane asylum, poorhouse, female hospital, workhouse, jail. 
house of refuge, city hall, courthouse, fire engine houses and other city of- 
fices; the articles to be delivered as required, from time to time, at the dif- 
ferent institutions and departments of the city, and he shall require a good 
and sufficient bond for the faithful performance of said contracts, which 
shall be approved by the mayor. (M. C., sec. 2246.) 


Sec. 2375. To contract for food and requirements of institu- 
tions— eontract requisites.—The commissioner of supplies shall in 
the month of June of each year, and every month thereafter, advertise for 
proposais, and enter into contract on the part of the city, for furnishing for 
the period of three months all meat, butter, lard, fish, eggs, poultry, bread, 
gasoline, flour, corn meal, hay, corn, oats, and ground feed required for the 
use of the health department, workhouse, house of refuge, jail, fire depart- 


1078 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 35. 


ment and all other departments; the articles to be delivered as required, 
from time to time, at the different institutions and departments of the city; 
he shall require a good and sufficient bond for the faithful performance of 
said contracts, subject to the approval of the mayor. (M. C., sec. 2247.) 


Sec. 2376. Purchases of perishable articles.—All perishable ar- 
ticles, Such as fruit and vegetables, that may be required for the use of the 
hospital, insane asylum, poorhouse and workhouse, and house of refuge, 
shall be purchased by the commissioner of supplies, at the best possible 
rates, on the requisition signed by the proper officer in charge of the above 
named city departments; all of which purchases shall be approved by the 
comptroller before they shall be binding on the city. (M. C., sec. 2248.) 


Sec. 2377. Proposals, to be advertised for,—Whenever any 
institution or department of the city, through the officer in charge thereof, 
shall make a requisition on the commissioner of supplies for any articles 
for which there shall be no contract as provided for in sections 2374, 2375 
and 2378, and when the amount to be purchased shail exceed the sum of one 
hundred dollars for any one article, and when the delivery of same is not 
to be continuous, the commissioner of supplies shall advertise for proposals 
for the furnishing of such articles, and the award ou said proposals shall 
be approved by the comptroller, the same as is provided for in section 2382 
provided, that when any article or articles shall be purchased by the com- 
missioner as provided for above, and the delivery of the same is to be com- 
pleted after thirty days, he shall enter into contract for same, as is pro- 
vided for in section 2383. (M. C., sec. 2249.) 


Sec. 2378. Groceries and drugs—proposals for.—In the months 
of January, April, July and October the commissioner of supplies shall give 
public notice in the newspapers doing the city printing, that on the fifth 
day from the date of the notice, he will receive proposals for furnishing the 
city hospital, female hospital, insane asylum, smallpox hospital, poorhouse, 
workhouse, house of refuge and jail, with such groceries and drugs, not 
otherwise contracted for, as may be needed for the use of said institutions 
during the next three months; and for the information of bidders, he shal] 
have prepared printed lists of the articles, and quantity required for each 
institution. The requisition for groceries and drugs for each institution 
shall each be separate. (M. C., sec. 2250.) 


See. 2379. To purchase fire engines and apparatus.—The 
commissioner of supplies shall purchase the engines and other apparatus 
for the suppression or extinguishment of fire and the protection of life and 
property that may be needed by the fire department, when the purchase of 
such articles is recommended by the chief of fire department and approved 
by the mayor; provided, however, that the municipal assembly shall have 
by ordinance provided for and appropriated the funds to meet said pur- 
chase. (M. C., sec. 2251.) 


Sec 2380. To purchase horses, mules, wagons, ete.—The 
commissioner of supplies shall purchase all horses, mules, wagons, carts, 
ambulances and buggies that may be needed for the several institutions 
or departments of the city; provided, that before making said purchases, 
the requisitions for same shall be signed by the officer in charge of the de- 
partment where such articles are needed, and approved by the mayor. (M. 
C., sec. 2252.) 


CHAR S60.) SUPPLY DEPARTMENT. 1079 


Sec. 2381. To examine articles purchased, ete.—memo- 
randum concerning same, ete.—It shall be the duty of the commis- 
sioner of supplies to personally examine the articles that have been pur- 
chased by him, and delivered to the several institutions or departments of 
the city, and see if the said articles are of the standard kind and quality 
as required by the terms of sale; where he shall find inferior articles have 
been delivered, he shall at once reject all such articles, and shall not certify 
the bill for the same for payment, and report all ‘the facts to the mayor. 
It shall be the duty of the commissioner of supplies, whenever supplies of 
any sort are furnished to any institution or department of the city govern- 
ment, to send with such supplies a memorandum, stating the quantity, qual- 
ity, weight or measure and price of each article sent, which memorandum 
Shall be returned to the commissioner of supplies with the indorsement 
thereon of the superintendent or other person in ¢harge of the department 
or institution as to its correctness, except in respect to the price thereof. 
The commissioner of supplies shall keep all such memorandums or receipts 
as vouchers for any payment he may make either for goods purchased in the 
open market or under advertisement. (M. C., sec. 2253.) 


Sec. 2382. Purchases, whether under contract or not— 
duty to approve.—It shail be the duty of the commissioner of supplies 
to approve, if correct, all purchases for supplies furnished the city, whether 
purchased under any contract with the city or otherwise. If a purchase 
is made under any contract, the commissioner of supplies shall state on the 
bill of purchase the date of the contract and the date of the approval by the 
mayor. If the purchase is not made under any contract, it shall be approved 
by the comptroller, and a certified copy of the requisition for the articles 
mentioned in said bill shall be attached to the same. The auditor shall not 
audit and allow any bills for supplies unless the foregoing provisions are 
complied with. (M. C., sec. 2254.) 


See. 2383. Bonds required for performance of contracts. 
The commissioner of supplies shall require all parties contracting through 
his department to give good and sufficient bond for the faithful perform- 
ance of said contracts, to be approved by the mayor, and ali contracts shall 
contain a clause that the articles to be furnished are to be delivered to the 
various city institutions or departments free of charge for transportation, 
and that the city shall allow no charge for packages. (M. C., sec. 2255.) 


Sec. 2384. Bids, to be declined, when.—When the commis- 
sioner of supplies finds any party engaged in selling or delivering any ar- 
ticle to the city who has failed or refuses to comply with the terms of his 
contract or agreement, or when a party fails to make restitution to the city 
for any loss the city has met by failure or negiect on his part to comply 
with the terms of his agreement, then the commissioner of supplies, with 
the consent and approval of the mayor, shall decline to receive any further 
bids from said party for any articles to be furnished to the city. (M. C., 


sec, 2256.) 


See. 2385. Surplus, or refuse property, to be sold, when. 
-_—The commissioner of supplies shall, when directed by the comptroller, ad- 
vertise in the newspapers doing the city printing, for at least three days, 
for proposals for the purchase of all surplus, condemned, or other refuse 
property under his control. Such advertisement shall state specifically the 
character and quality of the article or articles to be disposed of, the time 
and place when and where the bids shall be opened, with the right re- 


1080 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


served to the comptroller to reject any or all bids; provided, that any re- 
jection or award of bids be done by and with the consent and approval of 
the mayor. (M. C., sec. 2257.) 


Sec. 2386. Disposition of moneys received from such sales. 
—The money received from the sale of. all surplus, condemned or other 
refuse property, shall, within one week from the day of sale, be paid by the 
commissioner into the city treasury, taking the treasurer’s receipt in tripli- 
cate therefor, and filing one of those receipts with the comptroller and one 
with the auditor. (M. C., sec. 2258.) 


CHAPTER 37. 


TREASURY DEPARTMENT. 


ART. I. Of the department. 
II. Of auditor. 
III. Of comptroller. 
IV. Of treasurer. 


ARTICLE I. 
OF THE DEPARTMENT. 
Sec. 2387. Composition of department.—The treasury depart- 


ment of the city government shall consist of the auditor, comptroller and 
treasurer. (M. C., sec. 2259.) 


Sec. 2388. What accounts and bills to state.—All accounts, 
bills or claims which are presented for settlement and allowance against 
the city, must state by what authority, for what purpose, and at whose 
direction the lability is created, the price or rate charged, and the total 
amount written out in full, and the proper officer having knowledge of the 
fact of the case must certify thereto before its allowance; provided, that 
no officer shall present for allowance in his own behalf any claim based 
on the payment by him of a sub-voucher where it is practicable to have 
such voucher audited and allowed in the name of the original party. (M. 
C., sec. 2260.) 


Sec. 2389. Accounts to be forwarded to auditor.—All ac- 
counts, claims and demands which are required to be certified to as pro- 
vided in the next preceding section must be prepared by the respective 
officers and boards of the city government, and forwarded to the auditor 
on or before the second day of each month, covering all liabilities created 
in relation to business under their supervision during the preceding month. 
At the same time they shall prepare and deliver to the comptroller detailed 
statements of all such claims and demands, representing the names of ¢claim- 
ants, the nature of the demands, and the respective and total amounts 
thereof. (M. C., sec. 2261.) 


Sec. 2390. Bonds, ete., by whom and how paid.—All 
bonds, notes, coupons or other public indebtedness of the city shall be paid 
by the city treasurer, if presented at the treasury, or by the banks selected 
or designated as the fiscal agent of the city where said bonds, notes, cou- 
pons or other public indebtedness may have been made payable. All pay- 


ART. I.] OF TREASURY DEPARTMENT. 1081 


ment by the treasurer, on account of such public indebtedness, shall be 
accounted for by and allowed to him as prescribed in section 2391. To meet 
the payment of public indebtedness by the banks selected or designated as 
fiscal agents of the city, and where said bonds, notes, coupons or other pub- 
lic indebtedness may have been made payable, the treasurer shall, upon re- 
ceipt of auditor’s warrants issued according to requisitions of the comp- 
troller, approved by the mayor, remit to such fiscal agents the amounts 
specified in such warrants. Until the fiscal agents acknowledge the receipt 
of such remittance, the treasurer’s requisition account shall stand charged 
on the books of the city with the amount of such warrants. All remittances 
to, or deposited at the banks selected or designated as fiscal agents of the 
city, shall be to the credit of the city, subject to the order of the treasurer, 
countersigned by the mayor, and shall be used by said banks or fiscal agents, 
respectively, to meet payments of the public debts or liabilities maturing 
thereat. All such fiscal agents shall, upon receipt of remittances from the 
treasurer, acknowledge the same in writing; duplicates of such acknowledg- 
ment shall be sent one to the comptroller. and one to the auditor, and the 
proper entries shall be made upon the books of the city accordingly. All 
such fiscal agents or depositories shall return to the treasurer the bonds, 
notes, coupons or other public indebtedness of the city, paid by it or them 
on the first day of each month, as far as practicable, with the full statement 
of the city’s account; duplicates of said statement shall be forwarded, one 
to the. comptroller and one to the auditor and proper entries thereof shall 
be made upon the books of the city. All such fiscal agents or depositories 
shall, at the same time that the bonds, notes, coupons are transmitted to 
the treasurer, notify the comptroller of the payment of any such bonds, 
notes, coupons or other public indebtedness, by it or them, giving the num- 
ber and amount thereof, and in addition thereto the city treasurer and all 
such fiscal agents or depositories shall stamp or indorse on the face of such 
bonds, notes, coupons or other public indebtedness, at the time of payment 
thereof, the word “Paid,” and also cancel the same. (M. C., sec. 2262.) 


Transfer, payment, sale and cancellation of bonds, etc., see also sections 2393 
2396-2400, below. 

For provisions concerning Sinking Fund for payment of bonds, see Charter, 
Art. XIV; power of city in general to borrow money, see Charter, Art. III, sec. 
26, clause 1, and references in the note thereto appended. 


Sec. 2391. Accounts of treasurer as to cancelled obliga- 
tions to be examined—worthless claims. by city.—Once in each 
month, on or before the tenth day thereof, or oftener, if the treasurer de- 
sires it, upon a written notice from the treasurer, the comptroller and chair- 
man of the ways and means committees of the council and of the house of 
delegates, shall meet and examine, count and cancel all bonds, notes, cou- 
pons and other indebtedness of the city, paid by the treasurer or returned 
to him by the fiscal agents of the city and certify the amount thereof, in- 
cluding commissions and expenses, and deliver the same to the auditor for 
safe-keeping, taking the auditor’s triplicate receipt therefor, one of which 
shall be delivered to the comptroller, one to the treasurer, and one to be 
retained by the auditor. The payments of all bonds, notes, coupons or other 
indebtedness by the treasurer as ascertained by the comptroller and chair- 
man of the ways and means committee shall be audited and allowed as 
other claims are. The comptroller and chairman of the ways and means 
committees shall also ascertain the nature and amount of all claims that 
the city has against any person or persons standing upon the books of the 
auditor, which are more than fifteen years past due, which in their judg- 
ment are worthless, and shall direct the auditor to transfer said claims to a 


1082 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


suspense account, and the amount thereof shall not thereafter be included 
in the statement of the assets of the city until the whole or some part thereof 
shall have been collected by the city. (M. C., see. 2263.) 


See. 2392. Accounts of comptroller and fund commission- 
ers.—Similar settlements shail be made by the committee of ways and 
means of both houses of the municipal assembly with the comptroller for 
whatever public debts may be paid by him, or on his account, and with the 
fund commissioners for such as may be purchased and retired by them, and 
in every case of such settlement similar certificates shall be given in behalf 
of the comptroller and fund commissioners, respectively, upon which they 
shall receive all proper credits on the books of the auditor and comptroller, 
and all coupons detached from bonds and returned to the fund commis- 
sioners shall be receipted for in duplicate, and charged against them on the 
books of the auditor and comptroller. (M. C., sec. 2264.) 


Sec. 2393. Sales, bonds and loans reported to auditor. 
—All sales of bonds, notes or other negotiations for loans made by the 
mayor and comptroller shall be immediately reported to the auditor, upon 
which he shall make the proper entries on his books, and the proceeds of 
all such sales or negotiations shall be at once delivered to the treasurer. 
(M.'C., sec. 2265.) 


Sec. 2394. Reports required—what to contain.—Annual 
and semi-annual reports of the business under the charge of all fiscal officers 
and department boards of the city shall be made and delivered to the comp- 
troller on the second Tuesday of April and October, respectively, of each 
year, in relation to all the business under their charge since their last an- 
nual report. That of the auditor shall present a balance sheet of all ac- 
counts at the date of his last annual report, the aggregate debits and credits, 
respectively, in detail, added to each account since, and a balance sheet of 
all such accounts at the date of the report, and shall contain such other 
information in relation to the business of his office as may be required. That 
of the treasurer shall represent the cash on hand at the date of his last 
annual report, the amount since received and the amount paid out in detail 
to the debit and credit, respectively, of the various accounts on his books, 
the balance remaining on hand, and of what it consists, and where it is de- 
posited in detail. Similar monthly reports shall be made by all fiscal offi- 
cers and department boards, and submitted to the comptroller on the second 
Tuesday of each month, and all reports shall contain a list of all deputies, 
clerks and assistants employed in their respective offices. Settlements prop- 
erly certified by the comptroller shall also be made by all fiscal officers with 
the auditor, as required by law, at the same time that reports are made to 
the comptroller; and all amounts found due by the several officers shall be 
immediately paid into the city treasury, and the books of all officers shall be 
compared and balanced annually, semi-annually and monthly. (M. C., see. 
2266.) 


Charter, Art. IV, secs, 47,° 48. 


Sec. 2395. Contracts to be on printed blanks, properly 
signed, filed, ete.—All contracts for works and other purposes, not in 
the nature of monthly expenses, must be in writing or on printed blanks 
prepared by the city counselor, signed by the officers designated therefor 
by law or ordinance, or if none be so designated, then by the comptroller, 


Axe Ls Js] OF TREASURY DEPARTMENT. 1083 


and all contracts must be countersigned and registered by the comptroller 
in his office, and filed with the register for safekeeping. (M. C., see. 
2267.) 


As to the proper execution of city contracts, and the various provisions of 
the Constitution, statutes and Charter provisions concerning the same, and the 
necessity of compliance therewith, see note to sec. 7 of Art. XVI of the Charter. 


Sec. 2396. Coupon bonds may be exchanged for regis- 
tered bonds.—Upon application of the holders of any coupon bonds, 
heretofore issued or hereafter issued by the City of St. Louis, the right to 


exchange which is not expressed on the face of such bonds, and upon sur- 
render thereof, at the office of the comptroller of the City of St. Louis, he, 
the said comptroller, is hereby authorized to issue to and in the name of 
such holders registered bonds of like tenor and amount in one or more cer- 
tificates, and such coupon bonds and the coupons attached thereto shail be 
cancelled by the said comptroller immediately upon being surrendered to 
him by stamping or writing the words “Canceled,” “exchanged for regis- 
tered bond No. , dated »’ in red ink across the face of the bonds 
and by canceling the signatures of the bonds and coupon with a canceling 
punch. (M. C., sec. 2268.) . 


See. 2397. Contents and form of registered bonds.—The 
registered bonds issued under this article shall be engraved; provided, how- 
ever, that the name of the holders, the amount, numbers, and other descrip- 
tions of the coupon bonds for which they are exchanged and such other mat- 
ter as may be impracticable to engrave may be written or stamped on the 
bonds. The registered bonds shall contain the name of the holder or hold- 
ers thereof, the amount and numbers of the coupon bonds for which they 
vre exchanged, and shall be signed by the mayor, comptroller and treasurer 
of the City of St. Louis, and attested by the register of said city with the 
seal of the City of St. Louis thereto affixed, and registered by. the auditor 
of said city in the name of the holder or holders thereof; provided, however, 
that the registered bonds shall not be signed by the mayor, comptroller and 
treasurer until the coupon bonds and registered bonds for which they are 
exchanged shall have been canceled, as provided in section 2400. When the 
amount is written in the bond, the bond shall be perforated with the figures 
and characters expressing the amount for which it is issued. The registered 
bond shall have printed on the back thereof the forms and requirements re- 
iating to the transfer of the same. (M. C., sec, 2269.) 


Sec. 2398. Transfer of registered bonds—cancellation—new 
registered bonds to issue.—Upon application of the holders of reg- 
istered bonds issued under ordinance number seventeen thousand two hun- 
dred and fifty-nine, or of their legal representatives, and upon surrender of 
such bonds at the office of the comptroller of the City of St. Louis, he, the 
said comptroller, is hereby authorized to transfer the same on the books of 
the city to such persons or corporations as may be designated in the appli- 
cation. The transfer of such bonds must be in written or printed form, in- 
dorsed upon the backs of the bonds, and must be acknowledged before a 
uotary public or other officer authorized under the laws of this state to take 
acknowledgments to deeds for transfers of real estate, or the signatures of 
the registered holder of the bonds must be attested by an officer of one of 
the banks or banking houses designated to act as the fiscal agents of the 
city in New York or London. Applications for transfers must be filed at 
the comptroller’s office in the City of St. Louis at least ten days before the 


1084 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


date of payment of the semi-annual interest next due on the bonds. The 
bonds so transferred and surrendered, shall be canceled by the comptroller, 
who shall issue new registered bonds therefor, cancellation and issuing of 
new bonds to be done in the same manner as is prescribed hereinbefore, in 
the case of coupon bonds exchanged into registered bonds. (M. C., sec. 
2270.) 


Sec. 2399. How principal and interest of registered 
bonds paid.—The payment of the principal and interest of the registered 
bonds as the same become due shall be made by draft, payable to the order 
of the holder at such place as is designated in the coupon bonds for the 
payment of the principal and interest; in cases where the principal and 
interest of the coupon bonds are payable in two or more places, at the option 
of the holder, the said holder shall express his preference for either one of 
the places at the time of issuing the certificates, at which place so preferred 
the said draft shall be made payable. (M. C., sec. 2271.) 


See. 2400. Cancellation of bonds—certificate of—auditor 
to preserve.—tThe bonds and coupons for which the registered bonds 
aforesaid are issued, as also the registered bonds in cases of transfers,.shall 
be canceled by the mayor, comptroller and treasurer and delivered to the 
auditor of the City of St. Louis and his receipt taken therefor. The auditor 
shall preserve said canceled bonds and coupons and registered bonds in his 
office in like manner as other canceled bonds and coupons. The mayor, 
comptroller and treasurer shall certify, in duplicate, to the cancellation of 
all bonds and coupons canceled under ordinance number seventeen thousand 
two hundred and fifty-nine; one of the certificates of canceilation shall be 
filed in the auditor’s office, the other to be preserved in the comptroller’s 
office in a book to be kept for that purpose. (M. C., sec. 2272.) 


See. 2401. Mayor to appoint examining committee.—The 
mayor shall annually employ a committee of three persons not connected 
with the city government, one of whom at least shall be an experienced ac- 
countant, who shall examine the books and accounts of the comptroller, 
‘auditor and treasurer, and of such other officers and boards of the city 
government as the mayor may direct, to ascertain if the same have been 
properly kept and balanced. (M. C., sec. 2273.) 


Sec. 2402. Committee to report to assembly.—The said 
committee shall report the result of their examinations through the mayor 
to the municipal assembly immediately after the close of such examination, 
and if their report be approved by the municipal assembly they shall cause 
the necessary entries to be made in the books of the comptroller and au- 
ditor to show the condition of their offices at the end of the fiscal year, and 
if the close of such fiscal year is the close of the term of any officer, to also 
show the delivery of the effects of their offices to their successor in office, 
which entries shall be attested by the signature of the committee. (M. C., 
sec. 2274.) 


See. 2403. Committee to examine treasurer’s accounts. 
The said committee shall examine the books, papers, accounts and vouchers 
of the treasurer, count the money in the treasury, the auditor’s warrants 
and certificates on hand, and compare them with, the treasurer’s register 
thereof, and do all other things necessary to a complete examination of the 
affairs of the treasurer, and report the result of their examination as pro- 
vided in the preceding section, and if their report is approved by the mu- 


ART. II.] OF AUDITOR. 1085 


nicipal assembly they shall make settlement with that officer to the end of 
the fiscal year, and also for the time elapsing between that and the time of 
his going out of office, and shall cause the necessary entries to be made 
on his books to show the condition of his office at the end of the fiscal year, 
and at the time of his going out of office, which entries shall be attested by 
the signatures of the committee. Al] accounts and vouchers of the treasurer 
shall, ‘after being examined and found correct, be turned over to the auditor 
for safe-keeping, and his receipt taken therefor, and all evidence of payment 
shall be plainly marked upon the face of each account or voucher before 
being turned over to the auditor as herein provided. (M. C., sec. 2275.) 


Sec. 2404. Special examination—when made.—The ssid com- 
mittee shall, in like manner, examine the books’ and accounts of such offi- 
cers and boards as they shall be directed so to do by the mayor, and 
in the manner aforesaid report to the municipal assembly the result of 
such examination, and if their report is approved they shall make settlement 
with such officers and boards to the end of the fiscal year, and shall cause 
the necessary entries to be made on the books of such officers and boards 
to show the condition of offices and boards at the end of the fiscal year, 
which entries shall be attested by the signatures of the committee. (M. C., 
sec. 2276.) 


Sec. 2405. Compensation of committee.—The compensation of 
said committee shall not exceed fifteen hundred dollars, and shall be paid 
out of the appropriation for contingent expenses. (M. ©., sec. 2277.) 


ARTICLE IT. 
OF AUDITOR.* 


Sec. 2406. Bond and _ sal The auditor shall give bond to 
the city in the sum of one hundred thousand dollars, with not less than 
three good securities, who shall be holders of unincumbered real estate 
within the city; said bond to be approved by the mayor and council; and he 
shall be responsible for all acts of his employes. He shall receive z salary 
of four thousand dollars per annum, payable monthly. (M. C., sec. 2278.) 


Bond not less than $100,000: Charter, Art. IV, sec. 21. 


*Charter provisions, see Charter, Art. IV; secs. 21; 47-48% Art. V, secs. 8; 11, 
Alyse. ANA ; 


Prior auditing laws repealed by sec. 16 of Art. 16, of Charter: . State vs. 
Francis, 89 Mo. 408, holding that an itemized account is one which specifies the 
items making up the aggregate. 


Conclusiveness of settlement by auditor: Gas L. Co. vs. St. Louis, 11 Mo. App. 
55; s. c. 84 Mo. 202. 


An auditing officer cannot be mandamused to audit a claim for which there 
is no appropriation: State ex rel. vs. Brown, 141 Mo. 21. But he may be com- 
pelled to draw his warrant to pay the police out of any general revenue, the 
State law being in effect an appropriation: State ex rel. vs. Mason, 153 Mo. 23 
(Marshall, J., dissenting on this point). © 


Duty to audit bills for meals of jury in criminal case: State ex rel. vs. Smith, 
5 Mo. App. 427. 


Auditor cannot review correctness of court’s settlement of sheriff’s accounts 
in general term; his sole duty is to issue his warrant which may be compelled 
by mandamus: State ex rel. vs. Brown, 72 Mo. App. 651. 


1086 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


Sec. 2407. Deputy auditor—first and second—offices cre- 
ated—salaries.—tThere is hereby established the offices of first deputy 
auditor, and of second deputy auditor, and said officers are authorized to 
perform all duties required by law or ordinance to be performed by the 
auditor; said deputies shall be appointed by the auditor, subject to the 
approval of the mayor; and hold their positions during the pleasure of the 
auditor; the first deputy auditor shall receive a salary of twenty-five hun- 
dred dollars per annum, and the second deputy auditor two thousand dol- 
lars per annum, payable monthly. (M. C., see. 2279.) 


Sec. 2408 Clerks—salaries.—tThe auditor is hereby authorized. 
with the approval of the mayor, to appoint the clerks employed in his office 
and determine the number thereof. Their compensation shall be as fol- 
lows: One clerk at eighteen hundred dollars per annum; three clerks at 
fifteen hundred dollars per annum each; and all other clerks at twelve hun- 
dred dollars per annum each; all the above salaries to be paid monthly. 
He shall prescribe regulations pa res their duties and for their govern- 
ment... (Ord. 22112, amending M. C., sec. 2280.) 


Sec. 2409. General powers and duties.—The city auditor shall 
be the general accountant of the city, and shall receive and preserve in his 
office all accounts, books, vouchers, documents and papers relating to the 
accounts or contracts of the city, its. debts, revenues, and other fiscal af- 
fairs. He shall state and render all accounts filed or kept in office, whether 
between the city and any officers thereof or between the city and any other 
person or body corporate, except when otherwise provided by law or ordi- 
nance. He shall establish proper rules for the government of his office and 
prescribe the form of accounts, and of all certificates and receipts to be 
attached thereto. He shall have the power to administer oaths, and shall 
require settlements to be verified by affidavits whenever he thinks proper. 
He shall keep the accounts of the city, general and special, in a systematic 
and orderly manner in the form of double entry book-keeping. The auditor 
shall not-allow any papers, vouchers, documents or books belonging to his 
office to be taken away except under legal process. (M. ©.; see: 2281.) 


pee Charter, IV, sec. 21. 


Sec. 2410. Shall audit and certify accounts and demands. 
—The city auditor shall examine, adjust and audit all unsettled accounts, 
claims and demands against the city, for payment of which any money may 
be drawn from the city treasury, when such claims and demands are cer- 
tified and presented in proper form, and are duly authorized by law or 
ordinance, and after having examined the same with all accompanying 
documents, and found them correct, he shall certify thereon the balance or 
true state of such claim or demand, and draw his warrant for the same on 
the treasury for the payment thereof; provided, no such claim or demand, 
or any part thereof, shall be audited against the city, unless it is author- 
ized by law or ordinance, and is in proper or fully itemized form, and the 
amount required for the payment of same shall have been appropr ‘iated for 
that purpose, by ordinance; provided further, that all unadjusted accounts 
before they are audited must bear the necessary certificates and signature 
of the officers having knowledge of the facts, and shall be allowed by the 
auditor and comptroller, or, in case of their disagreement, then by either 
of them and the mayor; and provided further, no warrants shall be issued 
on any appropriation, uniess there is an unexpended balance to the credit 
thereof sufficient to cover such warrant, and money in the treasury to 
pay it. (M. C., sec. 2282.) 


Charter, Art. V, sec. 13.,, See also 74., IV. sec. 21. 


ART. IT. ] OF AUDITOR. LOST 


See. 2411. Warrant to specify fund—shall take receipt.— 
Kvery warrant drawn by the auditor shall specify the fund or appropria- 
tion out of which it is to be paid; and before its delivery to the party en- 
titled thereto the auditor shall require of said party a proper and legal 
receipt for said amount thereof, which shall be attached to said claim and 
demand; and said accounts, claims and demands, and the receipts and ac- 
SONAR ane papers, shall be filed by the auditor in his office. (M. C.. sec. 
2283. ) 


See. 2412. Claims to be audited and paid within one 
year.—No claim against the city which is not founded on a bond or other 
instrument of writing, executed by the city, shall be audited and paid which 
has not been presented within one year from the time such claim became 
due. This shall also include all jury and witness fees and costs of inquests 
for which certificates have been issued. (M. C., sec. 2284.) 


Sec. 2413. Unclaimed five-year warrants barred.—Whenever 
any warrant drawn on the city treasurer shall have remained in the pos- 
session of the city auditor for five years, unclaimed, or not called for by the 
person in whose favor it shall have been drawn, or his or her legal repre- 
sentatives, the mayor shall order the comptroller and auditor to annul and 
cancel the same, which fact shall be made a matter of record in the office 
of the comptroller and auditor. (M. ©., sec. 2285.) 


Sec. 2414. Warrant not presented for payment within five 
years barred.—Whenever any such warrant, being delivered, shall not be 
presented to the city treasurer for payment within five years after the dite 
thereof, such warrant shall be barred and not paid by the treasurer, nor 
shall it be received in payment of taxes or other dues. (M. C., sec. 2286.) 


See. 2415. Sums remaining unpaid on pay-roll for one 
year—transfer of.—All sums of money remaining unpaid on pay-rolls 
returned by the city treasurer to the auditor’s office and uncalled for by the 
proper persons or other legal representatives within one year shall be 
transferred by the auditor to the respective funds from which they were 
drawn. (M. C., sec. 2287.) 


Sec. 2416. When warrant cannot be drawn.—The auditor shall 
not draw a warrant on the treasurer in favor of any person who is indebted 
to the city, or the assignee of such person except for the balance which may 
appear to be due to such person, over and above the debt due the city; nor 
shall he draw a warrant in favor of any officer who is in arrears or in de- 
fault to the city. (M. C., sec. 2288.) 


Sec. 2417. Unpaid sums due city from city officers— 
action.—Wheneyver, upon the adjustment of any account, a sum of money 
shall be found by the auditor to be due to the city, from any city officer, 
and the same shall not be paid into the city treasury within ten days after 
the adjustment of the account and the treasurer’s receipt therefor deliy- 
ered to the auditor, he shall certify the amount so due to the mayor, who 
shall order suit to be commenced against the delinquent, or take such other 
measures as in his judgment will most effectually secure the city from loss. 
(M. C., sec. 2289.) 


1088 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


See. 2418. Duties as to copies and as to inspection of 
books, ete.—The auditor, whenever required, shall furnish the mayor 
or municipal assembly, or committees thereof, copies or abstracts of any 
books, accounts, records, vouchers, or documents in his office, or any in- 
formation in relation to anything pertaining to his office, or the revenue 
of the city, and he shall at all times permit the mayor or any member of 
the municipal assembly, the comptroller, or any other officer interested, to 
examine any books, papers or documents in his office. (M. C., sec. 2290.) 


Sec. 2419. Fiscal term.—tThe fiscal term of the auditor shall com- 
mence on the second Tuesday in April in each year. (M. C., sec. 2291.) 


Sec. 2420. Appropriations —duties as to.—Whenever the munici- 
pal assembly shall, by ordinance, appropriate any money out of the munici- 
pal revenue, or out of any special funds, or shall transfer money from one 
fund to another, the auditor shall immediately make such transfer on his 
books, in accordance with the ordinance. And if any appropriation be made 
by ordinance in behalf of any public work, the auditor shall, as soon as the 
work is completed, transfer the balance remaining to the account or fund 
from which it was originally appropriated. (M. C., sec. 2292.) 


Sec. 2121. To have free access to books of officers. 
To enable the auditor to execute the provisions of this chapter, it is hereby 
made the duty of all city officers having any books, records or accounts in 
their possession, to allow the auditor free access to the same, to make such 
examination as he may deem necessary. (M. C., sec. 2293.) 

Sec. 2422. Trial balance to be made monthly.—The audi- 
tor shall make and keep a ‘trial balance” of his general ledger once each 
month, and shall include in his annual and semi-annual reports to the comp- 
iroller a copy of his “trial balance,’ and shall communicate such other in- 
formation pertaining to the business in his office as may be required or 
rendered necessary. (M. C., sec. 2294.) 


Sec. 2423. Statements to be rendered by comptroller 
charged to collector, ete.—The city comptroller shall render to the 
city auditor a statement, accompanied by a receipt from the city collector, 
of all licenses, tax bills and other bills countersigned by him and turned 
over to the collector, whenever and as often as any licenses or bills shall be 
so delivered to the collector, and thereupon the auditor shall charge the col- 
lector with the amount so reported by the comptroller. And the comp- 
troller shall furnish the auditor with all settlements made with the officers 
of the city, and such other statements as may be deemed necessary to ef- 
fectuate the purposes of this chapter. (M. C., sec. 2295.) 


The fol- 


Sec. 2424. Books and records—what to be Kept. 
lowing books and records shall be kept by the auditor in his office: 


First—A record of claims: With appropriate columns and headings, 
wherein shall be entered every account allowed or paid, showing on what 
account made, its date and name of claimant, the amount claimed, amount 
allowed, amount rejected, number of warrant, the fund paid from and such 
other information as may be desirable. 


Second—Warrant books: With stubs showing the date of warrant, 
their number, amounts, the fund paid from, the numbers of claims and 
names of claimants, and such other information as may be useful; which 
stubs shall be kept and preserved as records of warrants issued. 


ATCT S] 4 OF COMPTROLLER. 1089 


Third—Bills payable books: Into which [shall be entered] all bonds, 
notes, bills and all other written obligations, given or payable by the city, 
with the name of the maker, payee and holder, and the time when payable, 
principal and interest. . 


Fourth—Bills and accounts receivable books: Into which shall be en- 
tered all demands and claims held by the city against other persons or cor- 
porations, whether written obligations or open accounts, whether: for the 
sale of lands or property, or other thing, or for rent or other consideration, 
which shall represent the names of debtors, character of claims and obliga- 
tion, the amount thereof, and when due and payable. 


Fifth—Register of bonds of the city: With appropriate columns and 
headings, representing date of issue, to whom, on what account and -when 
payable, showing amount of bonds, rate of interest, and amount of semi- 
annual coupons and all other necessary information. (M. C., sec. 2296.) 


. ARTICLE III. 


OF COMPTROLLER.* 


Sec. 2425. Office created,—There is hereby created the office of 
comptroller. (M. C., sec. 2297.) 


Sec. 2426. Bond of comptroller.—The comptroller shall give bond 
to the city in the sum of three hundred thousand dollars, with not less than 
three good securities, holders of unincumbered real estate in the City of St. 
Louis, to be approved by the mayor and council. (M. C., sec. 2298.) 


Same as Charter, Art. IV, sec. 20. 
: { 


See. 2427. Comptroller’s powers and duties.—The comptroller 
shall exercise a general supervision over the fiscal affairs of the city, the 
collection and return into the treasury and disbursement of all revenue and 
moneys of the city; of all property, assets and claims and the sale or other 
disposition thereof, and by and with the advice and consent of the mayor, 
shall see that all necessary official and legal proceedings are had for the 
protection of the city’s interests in all such property, assets and claims; 
that proper-rules and regulations are prescribed and observed in relation 
to all accounts, settlements and reports connected with the fiscal concerns 
of the city; that no liability is incurred or expenditure made from the treas- 
ury without due authority of law, and that appropriations are not over- 
drawn. He is especially charged with the preservation of the credit and 
faith of the city in relation to the public debt and other liabilities, and 
whenever it is necessary to meet payments thereof, principal or interest, 
he shall, with the written approval of the mayor, make his requisition for 
«a warrant on the treasury for that purpose, and shall with the mayor’s writ- 
ten approval, do and perform any and all other acts and things not incon- 
sistent with the provisions of the charter and any ordinance thereunder, 
ag are proper to accomplish the duties contemplated herein. He shall make 
annual reports to the municipal assembly and to the mayor at his request 
on the financial conditions and requirements of the city, with careful state- 
ments and estimates of receipts and expenditures. The records in his of- 
fice shall show the financial operations, condition, property, assets and 


*Charter provisions affecting comptroller: Art. IV, secs. 1, 20, 22, 24, 29; 
ATLL We LBeCE. S12) Lis pet) es, coe Ara Vi, secs. 10, 24,0265 Art, VII, sec. 10524, 
gec, 6; XII, sec. 7? XIII, sec, 5; XVI, secs. 7,:14. 


1090 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 37. 


claims of the city, the expenditures authorized for public work and all con- 
tracts, with name of contractors, in which the city is interested and the 
bonded or other indebtedness of the city. He shall require all claims, re- 
turns, settlements or reports to be verified by affidavit. He shall counter- 
sign all warrants drawn on the city treasury for any payment except as 
hereinafter provided, and shall duly record the amount and nature of same. 
He shall have access to the books and other records of any department 
under the city government, whenever he so desires, and he shall see that 
the accounts of the city are kept in a plain, methodical manner. He shall 
have a seat in either branch of the municipal assembly, with the right to 
debate on any question pertaining to his department, but shall have no 
vote. Should any judgment be rendered against the city for which no 
provision has been made by ordinance or otherwise, the comptroller is 
authorized, with the approval of the mayor, to effect a temporary loan to 
meet the same; and to do and perform all other acts, with the approval of 
the mayor, necessary to preserve the credit and property, or rights of the 
city, and perform such other duties as may be provided by ordinance. All 
delinquent or special tax bills, and all other claims, marsMhil’s, sheriff’s or 
constable’s deeds, or certificate of sale in the nature of liens on property in 
which the city is directly or indirectly interested as owner or creditor, shall 
be deposited with the comptroller, and his receipt taken therefor and filed 
with the auditor. He shall keep a full and complete register thereof, and 
whenever the treasurer’s receipt is presented and filed in his office for any 
such bill or claim, he shall release the same on the register, and when neces- 
sary the mayor and comptroller shall execute a quitclaim deed for the 
property redeemed. -(M. C., sec. 2299.) 


See Charter, Art. IV, sec. 20; V, sec. 26; VI, sec. 24; and notes thereto. 


Sec. 2428. Offices of first assistant and second assistant 
‘comptroller created—duties and powers.—There is hereby created 
the office of first assistant comptroller, and second assistant comptroller. 
The first assistant comptroller and the second assistant comptroller shall 
be appointed by the comptroller, subject to approval by the mayor, and 
shall perform such duties as the comptroller may direct, and the first as- 
sistant comptroller, in the case of the absence or sickness of the comptrol- 
ler, shall perform all the duties of the comptroller, and the second assistant 
comptroller shall in like manner perform all the duties of the comptroller, 
in the case of the absence or sickness of both the comptroller and first as- 
sistant comptroller, and said officers when performing the duties of comp- 
troller, shall designate themselves as “acting comptroller,” and the comp- 
troller and his securities shall be responsible for the official acts of the 
first assistant comptroller and second assistant comptroller. (M. C., sec. 
2300.) 


. Sec. 2429. Office of supervising accountant and statistician. 
—There is hereby created the office of supervising accountant and statisti- 
cian. The supervising accountant and statistician shall be appointed by the 
comptroller, subject to approval by the mayor, and shall perform such duties 
as the comptroller may direct. In case the comptroller, the first assistant 
comptroller and the second assistant comptroller should all be absent or 
sick at the same time, the supervising accountant and statistician shall 
perform all the duties of comptroller and shall designate himself while in 
the performance of such duties as “Acting Comptroller,” and the comptroller 
and his securities shall be responsible for the official acts of the supervis- 
ing accountant and statistician. (Ord. 21407, sec. 2300 A.) 


a 


ART. III.] OF COMPTROLLER. 1091 


Sec. 24380. Salaries—The comptroller shall receive an annual sal- 
ary of five thousand dollars, the first assistant comptroller an annual sal- 
ary of twenty-five hundred dollars, the second assistant comptroller an an- 
nual salary of eighteen hundred dollars, and the supervising accountant and 
statistician an annual salary of twenty-five hundred dollars. (M. C., see. 
2301, and ord. 21407, see. 2301 A. ) 


Ord. 21407 fixed the salary of the new officer (the statistician) created in the 
same ordinance, 


See. 2431. Clerks may be appointed—salaries.—The comp- 
troller is hereby authorized, with the approval of the mayor, to appoint the 
clerks employed in his office, and determine the number thereof. Their 
compensation shall be as follows: Not exceeding four clerks at fifteen 
hundred dollars per annum, each; not exceeding five clerks at twelve hun- 
dred dollars per annum, each, and all other clerks and employes, employed 
permanently or temporarily, at the rate of nine hundred dollars each. The 
comptroller shall prescribe regulations defining their duties, and for their 
government. (M. C., sec. 2302. ) 


See. 24382. Deeds, to certain property, comptroller and 
mayor to execute.—The mayor and comptroller are hereby authorized 
and directed to issue quitclaim deeds to the parties from whom the city 
acquired title, or to their legal representatives, for all property bought by 
the City of St. Louis for assessments of benefits in opening streets and 
alleys. (M. C., see. 2303.) 


Sec. 2433. Purchase money and expenses to be paid  be- 
fore delivery of deed—exceptions.—Before any such deed shall 
issue the amount of the purchase money paid by the city for such prop- 
erty, as also all money expended by the city on account of such property, 
together with interest at the rate of six per cent per annum, from the date 
of “purchase and expenditure of money aforesaid, and costs, shall be paid 
into the city treasury, and a receipt for the same filed with the comptroiler, 
and thereupon a deed shall issue for the property so redeemed. Provided, 
however, that, in all cases, in which the City ‘of St. Louis has purchased 
any real property, or any interest therein, under a judgment or execution 
in a street or alley proceeding originating prior to October twenty-second, 
eighteen hundred and seventy-six, or there exists an unsatisfied special as- 
sessment of the above eharacter in favor of the city, the property affected 
may be redeemed upon the following conditions, namely: In cases where 
the property was purchased by the city under a judgment or execution, 
there shall be paid into the city treasury one-half of the amount of pur- 
chase money hamed in the deed and thereupon a deed shalt issue for the 
property so redeemed, providing, however, that this section shall not apply 
to property of which the city is in possession. In cases where there exists 
an unsatisfied special assessment of the character described above there 
shall be paid into the city treasury one-half of the amount of. the original 
assessment, and thereupon such special assessment shall be marked satis- 
fied on the records in the comptroller’s office. (M. C., see. 2304.) 


See. 2434. Notice to be given.—The comptroller is hereby au- 
thorized to notify the parties interested herein, in such manner as to him 
shall seem most expedient. (M. C., see. 2305.) 


Sec. 2435. Comptroller to examine books of officers.—lt 
shall be the duty of the comptroller to make personal examinations of the 


1092 REVISED CODE OR GENERAL ORDINANCES. ' (CHAP. 34. 


books of the treasurer and other officers whenever and as often as he may 
think proper or the interest of the city may require, and in conjunction 
with the committee on ways and means of both houses of the municipal as- 
sembly, shall ascertain. by actual count the balance on hand in the treas- 
urer’s office, or subject to his control; provided, that such examination and 
count shall be made as often as once in each month. (M. C., sec. 2806.) 


Sec. 2436. What forms to be prescribed by comptroller— 
responsibility for entire fiscal man of ac-— 
counts and claims presented for allowance, the funds from which they are 
to be paid, the form and manner in which the books of the several fiscal 
officers, except the city auditor, are kept, and all reports, returns, settle- 
ments, blanks and other things pertaining to the management of the fiscal 
affairs of the city, shall be subject to the direction and approval of the 
comptroller, and being responsible for the accuracy and efficiency of the 
system of business in his department, it is his duty to see that these regu- 
lations and such other necessary rules or instructions are prescribed and 
observed as are necessary to effectuate the actos contemplated herein. 
(M. C., sec. 2307.) 


Charter, IV, sec. 20. 


Sec. 2487. Reports of comptroller.—The comptroller shall pre- 
pare his annual and semi-annual reports upon the financial conditions of 
the city according to the provisions of the charter and ordinances, and shall 
jay the same, together with the reports of the other fiscal officers, before 
the mayor, for his inspection, and to be by him submitted to the council 
annually. (M. C., sec. 2308.) 


Charter, Art. IV, sec. 48. 
ARTICLE LY. 
OF TREASURER. * 


Sec. 2435. Office created.—There is hereby created the office of 
treasurer. (M. C., sec. 2309.) 


See. 2439. General duties specified—bond—city deposits. 
—It shall be the duty of the treasurer to receive and keep the money of 
the city and pay out the same on the warrants drawn by the auditor and 
countersigned by the comptroller, except as hereinafter provided. All 
moneys belonging to the city received by any officer or agent thereof, either 
from collections, loans, sale of bonds, fees, fines and penalties or other- 
wise, shall be deposited in the city treasury regularly once a day, unless 
otherwise provided by law or ordinance, and in case the provisions of this 
section are not complied with, it shall be the treasurer’s duty to report any 
delinquencies to the mayor. He shall give triplicate, or quadruplicate, re- 
ceipts as may be required,in all cases; one for the party paying, one for 
the auditor and one for the comptroller, which shall set out the amounts 
paid, from what it proceeds, and to what account credited. All pay-rolls 
when audited and placed in the treasurer’s hands for payment shall be 
charged against him on a separate account to be known as “treasurer’s pay- 
roll account.” On the Saturday preceding the close of each fiscal month 
the treasurer shall return to the auditor all pay-rolls received by him during 
the preceding calendar month. The auditor shall examine the pay-rolls so 


*Charter provisions affecting treasurer: Charter, Art. IV, secs. 1, 22, 24, 30, 
48°" Art. Vi secs. 7,°31> Art. BX, sec; 9 Art. VIL, sec./6- Art. “Vi, seca Ls: 


ART. IV.] OF TREASURER. 1093 


returned and credit the “treasurer’s pay-roll account” with the amount paid 
thereon and charge the treasurer’s general account with the amount re- 
maining unpaid. The pay-rolls so returned to the auditor shall be filed by 
him with the respective original vouchers in his office. The amounts re. 
maining due on pay-rolls shall be entered by the auditor upon a book kept 
for that purpose, names, sums, account, number and date of the original 
voucher, and such amounts shall thereafter be paid only by separate war- 
rants or pay-rolls. During the time the pay-rolls remain in the treasurer’s 
hands the amounts due on same shali be separately accounted for by said 
treasurer in his daily reports to the mayor and comptroller. His books shall 
at all times be open to the inspection of the mayor, comptroller or any mem- 
ber of the municipal assembly, and he shall furnish an itemized report of 
the condition of the treasury each day to the mayor and comptroller. He 
shali give bond for the faithful performance of his duty in the sum of five 
hundred thousand dollars, with not less than five securities, who shall be 
holders of unincumbered real estate within the city, to be approved by the 
mayor and council. The mayor, comptroller and treasurer shall annually 
select a bank or banking institution which shall give the highest rate of 
interest for the current deposit of the city’s funds; provided, however, before 
any deposit shall be made therein by the treasurer the said banks or banking 
institutions shall give a bond for five hundred thousand dollars, with good 
and sufficient securities, to be approved by an unanimous vote of the fund 
commissioners, for the safe-keeping and prompt payment of said funds or 
any part thereof when demanded by the treasurer and shall at all times keep 
the securities on its bond satisfactory to said commissioners. Provided, 
however, that unless directed by the mayor and comptroller, the bank offer- 
ing the highest rate of interest for such current deposits shall be entitied 
to the first five hundred thousand dollars thereof, the bank offering the next 
highest rate to the next five hundred thousand dollars thereof, and so on 
until the amount to be deposited is provided for; and thereafter the treas- 
urer shall, unless otherwise directed by the mayor and comptroller, draw 
first against the deposit in the bank offering the lowest rate of interest until 
such deposit is exhausted, and then next upon the deposit in the bank offer- 
ing the next lowest rate of interest, and so on drawing against the deposit 
drawing the lowest rate of interest until it is exhausted, and shall not draw 
against the deposit in any bank paying a higher rate of interest, until the 
amount of deposit in the bank paying a lower rate of interest is exhausted ; 
and when the deposit in a bank so authorized to be drawn upon is exhaust- 
ed, the treasurer shall not be entitled to draw upon the bank paying the 
next highest rate of interest until the officers of such bank shall be notified 
by the comptroller that the fund in such bank is needed and will thereafter 
be drawn upon; and in making deposits the treasurer shall, unless otherwise 
directed by the mayor and comptroller, fill up the total amount: to be de- 
posited in the banks in the order of the rate of interest paid by each, and 
shall not deposit in a bank pa ying a lower rate of interest until the amount 
to be deposited in the bank paying the next higher rate of interest shall have 
received the full amount to be deposited therein. And it shall be the duty 
of the bank so authorized to be drawn upon, at the close of each day’s 
business, to mail a statement to the comptroller showing the balance due 
to the credit of the city at the close of business hours for ‘that Gays) CM On 
see. 2310.) 


See Charter, IV, sec. 22 and note thereto. 


Sec. 2440. Additional rules.—It shall further be the duty of the 
treasurer: First. To keep in proper books a full and comprehensive ac- 
count of all moneys received and delivered by him in behalf of the city, 
representing the time when, and the persons from whom all funds are re- 


1094 REVISED CODE OR GENERAL ORDINANCES. (CHAP. 37. 


ceived as well as the time when, and to whom all moneys are paid out, and 
on what account all moneys are received and disbursed. Second. To keep a 
register of all warrants which are received into the treasury redeemed and 
paid, describing all warrants by their dates, amounts, numbers and the 
names of the payees, and specifying the time when, from whom and on 
what account they are received and paid respectively, and all warrants so 
redeemed and paid shall be canceled by the treasurer. At the close of each 
day he shall turn the same over to the auditor, together with a list of the 
same, taking the auditor’s receipt on his cash book for all warrants so 
turned over. The auditor shall daily credit the treasurer’s account with the 
aggregate amount of warrants so returned to him by the treasurer, and 
shall report said aggregate amount of warrants returned to him to the 
comptroller. The warrants so returned shall be filed by the auditor with 
the vouchers in his office. Third. To settle at the close of each month with 
the comptroller and auditor all accounts on his books, and to ascertain and 
state therein the balance of funds in his hands. Fourth. To deposit daily 
to the credit of the city, in the bank or banking institutions selected there- 
for, as provided in section 2439, all moneys in his office at the close of 
banking hours, except sufficient currency to meet the necessary expenses 
during the remainder of the day not exceeding ten thousand dollars. The 
treasurer shall perform all other duties required of him by law. (M. C., 
Seer 2oldy) 


See. 2441. Prohibition from personal use of moneys.—The 
treasurer is hereby expressly prohibited from paying out or using himself 
or allowing any one else to use, directly or indirectly, any of the public 
woueys, warrants, checks, or other evidences of debt in his custody or under 
his control for any purpose whatever, public or private, which is not au- 
thorized by law or ordinance, and any violation of the provisions of this 
section shall cause a forfeiture of his office. (M. C., sec. 2312.) 


Sec. 2442. Assistant treasurer and other employes—du- 
ties, ete.—There is hereby created the office of assistant treasurer, who 
shall act as teller, also the office of paymaster, also the offices of two clerks 
and one assistant clerk, each of whom shall be appointed by the treasurer 
subject to the approval of the mayor, whose duties shall be as follows: The 
assistant treasurer, in the absence of the treasurer, shall perform all the 
necessary duties of the treasurer; the paymaster shall have charge of all 
pay-rolls of the city, and it shall be his duty to receive from the treasurer 
the amount of money necessary to pay such pay-rolls; all such payments, 
whenever practicable, shall be made by such paymaster at the treasurer’s 
office in the city hall; such as cannot be paid there shall be paid by such 
paymaster at some convenient place near the points at which the persons 
to be paid are at work, to be determined, from time to time, by the pay- 
master, subject to the approval of the treasurer. 


The assistant treasurer, the paymaster, the two clerks and the assistant 
clerk shall also perform such other duties as may be prescribed by the treas- 
urer and shall each be subject to the orders of the treasurer, and may be 
removed by him at any time. It shall also be the duty of the assistant 
treasurer at the close of each day’s business to notify the comptroller of the 
number, character and amount of each bond or coupon of the City of St. 
Louis paid on that day at the office of the treasurer. (Ord. 19970, amend- 
ing M. C., sec. 28138.) 


This section was again amended by ord. 23084, approved June 25, 1907. 


ART. is) OF ASS#HSSOR AND COLLECTOR. 1095 


Sec. 2443. Treasurer responsible for acts of employes— 
bonds.—The treasurer shall be responsible for the acts of his subordinate 
or appointees, and shall require of each subordinate or appointee a bond 
in such amount as he may deem necessary, conditioned for the faithful per- 
formance of all the duties pertaining to the position to which he has been 
appointed. (M. C., sec. 2314, and ord. 19970.) 


Sec. 2444. Rules as to transaction of business may be es- 
tablished.—tThe treasurer may establish such rules and regulations 
for the transaction of business generally in his office, and especially in re- 
lation to the payment of pay-rolls of the several departments and public 
institutions as he may deem expedient, subject to the approval of the mayor, 
not inconsistent with the charter and ordinances. (M. C., sec. 2315.) 


See. 2445. Horse and buggy allowed office.—One horse and 
buggy shall be allowed to the office of the city treasurer, to be acquired 
and maintained at the expense of the city; the purchase price of the outfit, 
consisting of a horse, buggy and harness, shall not exceed three hundred 
and seventy-five dollars. (M. C., sec. 2316.) 


Sec. 2446. Salaries.—tThe treasurer, the assistant treasurer, the pay- 
master, the two clerks and the assistant clerk shall receive the following 
salaries: Treasurer, five thousand dollars per annum; assistant treasurer, 
two hundred doilars per month; paymaster, one hundred and seventy-five 
dollars per month; two clerks, each one hundred and twenty-five dollars per 
month; assistant clerk, one hundred dollars per month. (Ord. 19970.) 


This section is amended by ord. 23084, approved June 25, 1907. 


CHARTER s38: 
WATER RATES, DEPARTMENT OF. 


ART: TI. Of assessor and collector. 
Il, Of-swimming baths. 
III. Of water rates. 


ARTICLE I. 


OF ASSESSOR AND COLLECTOR.* 

Sec. 2447. Office assessor and collector created.—There is 

hereby established and created the office of the assessor and collector of 
water rates. (M. C., sec. 2318.) 


See. 2448. Appointment.—The assessor and collector of water rates 
shall be appointed by the mayor and confirmed by the council, and shall 
nold his office for the term of four years, and until his successor is duly 
appointed and qualified. (M. C., sec. 2319.) 


See Charter, Art. VII, sec. 7. 


See. 2449. Salary.—The assessor and collector of water rates shall 
receive a salary of three thousand dollars per annum, payable monthly. (M. 
C., sec. 2320.) 


Charter VII, sec. 8. His salary cannot be increased during his term, and the 
period during which he holds over after his four-year term is considered part 
of the term, so that a law increasing the salary does not apply to him during 
such holdover period: State ex rel. vs. Smith, 87 Mo. 158. 


*Charter provisions: Art. VII, secs: 7-13; Art. IV, secs. 2, 47. 


1096 REVISED CODE OR GENERAL ORDINANCES. [CHAP,; 38. 


Sec. 2450. shall, before entering upon the duties of his 
office, give a bond in the sum of one hundred thousand dollars, with not 
less than four good sureties, owners of unincumbered real estate within the 
city, of the assessed value of one hundred thousand dollars, to be approved 
by the mayor and council, conditioned that he will faithfully and punctually 
collect and pay to the treasurer of the city all moneys due and collectible 
for and on account of the water works, and revenue derived therefrom, and 
that he will faithfully perform all the duties of his office, and that he will 
cause all the ordinances in relation to his office to be strictly enforced. (M. 
C., sec. 2320 A.) 


Charter, VII, sec. 8. For a period during which he holds over after his regu- 
lar term, the sureties are liable on the official bond: Per Black, J., in State ex 
rel. vs. Smith, 87 Mo. 158, 160, citing Long vs. Seay, 72 Mo. 648, and State ex rel. 
vs. Kurtzeborn, 78 Mo. 99. 


Sec. 2451. Deputy—appointment—d uti es—b ond .—The as- 
sessor and collector of water rates shall have authority to appoint, subject 
to the approval of the mayor, a deputy, who shall act in his place when 
absent, and shall at all times act as superintendent of district inspectors, 
and perform such other duties as may be required of him. He shall give 
bond to the assessor and collector of water rates, with security satisfactory 
to the assessor and collector, in the sum of twenty thousand dollars, for 
the faithful performance of his duties. (M. C., sec. 2321.) 


Sec. 2452. Employes enumerated.—The assessor and collector of 
water rates shall also have authority to appoint such other clerks and as- 
sistants, as are provided by this article, subject to the approval of the 
mayor and to be designated as follows: One cashier, two principal clerks, 
eleven general office clerks, one draughtsman, one meter and hydraulic 
elevator inspector, eight assistant meter and hydraulic eievator inspectors, 
one night watchman, and twenty district inspectors who shall also act as 
turnkeys, and each of said employes shall perform such other work as the 
assessor and collector of water rates may require of them. (M. C., see. 
2322.) 


For additional employees and their salaries, see infra, sec. 2455; and also 
ordinance 23000 (enacted after the Revised Code). 


See. 2453. Principal responsible for acts of employes— 
assessor and collector of water rates shall be responsible for 
the acts of his deputy, clerks and other subordinates, and may require for 
his own protection from any of his employes charged with the collection 
of money, a bond in the penal sum of ten thousand dollars conditioned for 
the faithful performance of their duties, and for the paying over of all 
moneys belonging to the city. (M. C., sec. 2325.) 


Sec. 2454. Salaries of deputy and clerks.—The appointees of 
the assessor and collector of water rates shall receive the following com- | 
pensation per annum in full for their services, payable monthly, to wit: 
Deputy assessor and collector, twenty-four hundred dollars; cashier, eight- 
een hundred dollars; principal clerks, each, twelve hundred dollars; gen- 
eral office clerks, each, one thousand and eighty doliars; draughtsman, 
twelve hundred dollars; meter and hydraulic elevator inspector, twelve hun- 
dred dollars; four assistant meter and hydraulic elevator inspectors, each 
che thousand and eighty dollars; four assistant meter and hydraulic eleva- 
tor inspectors, each, nine hundred dollars; night watchman, seven hundred 


ART. I.] OF ASSESSOR AND COLLECTOR OF WATER RATES. 107 


and twenty dollars; twelve district inspectors, each one thousand and eighty 
dollars; eight district inspectors, each, nine hundred dollars. (M. C., see. 
2324.) 


Sec. 2455. Additional employes*—salaries.—In addition to the 
inspectors and clerks now appointed by the assessor and collector of water 
rates he shall have authority to appoint the following, to wit: Two assist- 
ant meter and hydraulic elevator inspectors, who shall each receive the sum 
of one thousand and eighty dollars per annum; one district inspector, who 
shall also act as turnkey, and who shall receive nine hundred dollars per 
annum, and two general office clerks, who shall each receive one thousand 
and eighty dollars per annum, all of said salaries to be payable in equal 
monthly installments. (Ord. 20219.) 


*By ordinance 23000 (enacted after the Revised Code), three additional clerks 
and inspectors are provided for, at $90 per month, and two inspectors and turn- 
keys at $75 per month. (See this ordinance set out in Appendix.) 


Sec. 2456. Duties of assessor and collector.—It shall be the 
duty of said assessor and collector to collect all revenue due, or to become 
due, to the city for water, or accruing to the city on account of the water- 
works thereof, by virtue of any ordinance now existing or hereafter to be 
passed or otherwise. (M. C., sec. 2325.) 


Charter y Artaavlilo SG. i. 


Sec. 2457. Moneys deposited, where—suspension in case of 
failure.—aAt the close of each day the assessor and collector of water 
rates shall deposit in the city treasury the revenue and all other moneys 
collected during the day, taking duplicate receipts for the same, one of 
which shall be deposited with the comptroller and one with the auditor. 
Kvery failure in this respect shall be by the treasurer and auditor reported 
to the mayor, upon which the mayor may suspend or remove said collector. 
(M. C., sec. 2326.) 


Charter. Arte VeLieseg sg: 


See. 2458. Blanks for water license, ete.—It shall be the 
duty of the register to cause to be printed all bianks for water licenses, tap 
permit receipts, turn on and other receipts, and deliver the same to the 
comptroller, and take his receipt therefor. (M. C., sec. 2327.) 


/ 


See. 2459. Same—comptroller to countersign and deliver. 
The comptroller shall countersign all blanks received from the register for 
water licenses, and deliver the same to the assessor and collector of water 
rates upon his requisition, and take his duplicate receipt therefor, express- 
ing therein the number of each ciass of license and the aggregate amount of 
same, one of which he shall file with the auditor. No license or receipt is- 
sued by the assessor and collector of water rates shall be valid unless 
countersigned by the comptroller. (M. C., sec. 2528.) 


Charters Arey Liresecr 0: 


Sec. 2460. Report to comptroller monthly,—The assessor and 
collector of water rates shall, on the first day of each month, make to the 
comptroller a full and complete statement of all collections made by. him; 
also, the number and face value of each kind of blank licenses and receipts 
not used by him, which statement the comptroller shall examine and verify. 
(M. C., sec. 2329.) 


Charter, Art. VII, sec. 10. 


1098 REVISED CODE OR GENERAL ORDINANCES. .[CHAP. 38. 


Sec. 2461. Annual report to municipal assembly.—lIt shall 
be the duty of the assessor and collector of water rates to report, through 
the mayor, to the municipal assembly, at its first stated session in each 
year, a particular account of the affairs of the department under his charge 
for the preceding twelve months, together with such suggestions and recom- 
mendations as he may deem proper. (M. C., see. 2350.) 


Gharter.2Act; LV seG at: 


Sec. 2462. Board of health may use’ city water—pro- 
cedure. —The board of health shall have power, wheneyer in ane opinion 
it is demanded as a sanitary measure, to issue an order to the water com- 
missioner for the use of water from the waterworks of the city, in any house 
or building within the city, and shall cause such order to be made a matter 
of record in their proceedings, and a copy of said order, signed by the presid- 
ing officer of the board of “health and attested by the clerk of said board, 
shall be transmitted to the water. commissioner, who shall immediately, 
upon the receipt of said order, refer the same to the assessor and collector 
of water rates, who shall enforce said order as provided in the next suc- 
ceeding section. (M. ©., sec. 2331.) 


See Charter, Art. VII, sec. 6, for authority for this and next two succeeding 
sections. See also Tiefel vs. St. Louis, 42 Mo. 578, 593. 


Sec. 2463. License to be required as sanitary measure— 
when—penalt y.—The assessor and collector of water rates may require 
owners or lessees or agents of tenement houses and other buildings rented 
to tenants in the city, or in such parts thereof as he is ready to supply 
with water, to take out license and make the proper connections with the 
water main for the use of water for such house or building, according to 
the rates and assessments as fixed by ordinances of the city for the use of 
water, whenever the board of health shall, by order duly made, declare that 
the use of water from the waterworks of the city in any such house or build- 
ing is demanded as a sanitary measure for the preservation of the health of 
the inmates or inhabitants of such house or building, and the said rate of 
assessment shall be paid by all such proprietors, owners or lessees or their 
agents, as well by those who consent as by those who refuse to place in 
their houses and buildings the water pipe to convey the same, and shall 
be payable whenever the assessor and collector of water rates shall have 
notified the proprietor, owner, lessee or his or her agent, of the readiness of 
said assessor and collector of water rates to supply such house or building 
with-water as aforesaid. Any person or persons having received a notice 
from the assessor of water rates, as provided for in this section, and who 
shall or will neglect to comply with the provisions of said notice within 
five days after the receipt of said notice, shall be deemed guilty of a mis- 
demeanor, and shall, upon conviction thereof, be fined not less than twenty- 
five dollars nor more than five hundred dollars, to be recovered for the use 
of the city before any court or officer having competent jurisdiction. (M. C., 
sec. 2332.) 


See /drd. 


Sec. 2464. When owners shall comply with notice of as- 
sessor—p enalty.—Whenever the owner or agent of any house or build- 
ing in-the city shall rent or lease any such house or building to two or more 
persons, then and in that case it is hereby made the duty of the owner or 
owners, agent or agents of such houses or buildings, to comply with the pro- 
visions of the notice of the assessor of water rates, and any owner or owners, 
agent or agents, failing or neglecting to comply with the provisions 


ART. TT) AIT.) OF WATER-RATES. 1099 


of said motice of said assessor of water rates shall be deemed guilty of a 
misdemeanor, and shall, upon conviction thereof, be fined not less than 
twenty-five dollars nor more than five hundred dollars for the use of the 
city, before any court or officer having competent jurisdiction; provided 
that nothing in this and the next two preceding sections shall prevent the 
accused, on “trial for a violation of any of their provisions, from setting up 
in defense that the premises complained of were well supplied with good, 
wholesome water, and proof of said fact shall work a discharge from all 
pains and penalties of this and the next two preceding sections. (M. C 
sec. 2333.) 


ARTICLE 


OF SWIMMING BATHS. 


Sec. 2465. Rates for swimming baths.—The water rates for 
swimming baths or schools, maintained or kept open for public patronage 
in this city, are hereby established at three hundred dollars for the season, 
from April first to November first in each year, payable as follows: One 
hundred dollars on the fifteenth day of June, one hundred dollars on the 
fifteenth day of July and one hundred dollars on the fifteenth day of August; 
provided, that in consideration of a faithful compliance with the provisions 
of the next following section, the said license shall authorize and entitle 
party to the use of such reasonable quantity of water as may, in the opinion 
of the water commissioner, be sufficient; and to prevent undue waste of 
water, a meter shall be used at each establishment licensed hereunder. (M. 
C., sec. 2334.) 


Sec. 2466. Charges to patrons, on certain days—penalty. 
—Every bathing and swimming establishment availing itself of the pro- 
visions of this article shall upon every Tuesday and Friday during the 
season charge only ten cents for adult persons bathing or swimming therein, 
and five cents for persons under fifteen years of age. Any failure on the 
part of a bathing or swimming establishment to observe Bi SOON Stee of 
this section shall work a forfeiture of its license. (M. C., sec. 2835.) 


Sec. 2467. Waste of water—penalty for.—Whenever it shall 
come to the knowledge of the water commissioner that the proprietor or 
proprietors of any swimming bath or school is allowing or permitting an 
undue waste of water, the said water commissioner shall cause the license 
issued to said swimming bath or school to be immediately revoked. (M. C., 
sec. 2336.) 


ARTICLE ITIL. 
OF WATER RATES.* 


*Provisions of Charter: Assembly may regulate water rates; how revenue 
from water rates applied: Art. VII, sec. 11; water rates to be fixed so as to pay 
current expenses of works and interest on water bonds, and exceptional dis- 
ecriminations are forbidden: 7%., sec. 12; sale or lease of water works forbidden; 
fund for payment of interest and principal of water bonds: 7., sec. 13. 


Payment by a consumer of water under aé_e threat of shutting off the sup- 
ply unless the fees demanded be paid, is payment under compulsion, even with- 
out tender of the rightful amount, and the excess may be recovered: Brewing 
Assn. vs. St. Louis, 140 Mo. 419; Westlake vs. St. Louis, 77 Mo. 47. And such 
compulsion or duress sufficiently appears, it was held, from a petition which al- 
leges the plaintiff to be “entirely dependent for its supply of water’ upon the 


1100 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 38. 


city works, coupled with a declaration that the city exacted an illegal charge, 
which plaintiff paid: Brewing Co. vs. St. Louis, 187 Mo. 367. The obligation to 
pay for water consumed rests on contract, not the taxing power, the city act- 
ing in its private, not governmental capacity: Brewing Assn. vs. St. Louis, 140 
Mo. 419. <As to the right to require use of particular kind of hydrant prior to 
the present charter, see State vs. Goodfellow, 1 Mo. App. 495. Right of a water 
company to make extra charge for waste of water: McDaniel vs. Waterworks 
Co., 48 Mo. App. 273. 


Sec. 2468. Licenses—how issued—how paid—term  of.— 
Licenses for the use of water from the city waterworks shall be issued by 
the assessor and collector of water rates, and the amounts charged shall 
conform to the rates established by this article. The rates assessed shalt 
in all cases be paid in advance and all licenses shall be dated on the first 
day of the month in which the same are granted. Licenses may be issued 
for six months or for one year as the applicant may desire, except as here- 
after provided in section 2470. (M. C., sec. 2387.) 


Brewing Co. vs. St. Louis, 187 Mo. 369, 372 and 381. 


Sec. 2469. License to specify what.—Each license shall specify 
the premises on which the water is to be used, the purpose to which it 
is to be applied, and the dates of the issue and the expiration of the license, 
and such other information as the assessor and collector of water rates may 
deem requisite. (M. C., sec. 2338.) 


See. 2470. Division of city into districts.—It shall be the 
duty of the assessor and collector of water rates to divide the city into as- 
many districts and sub-districts as he may deem necessary. The boundaries 
of the districts and sub-districts may be changed at the discretion of said 
assessor and collector. All licenses for the use of water on premises within 
any sub-district shall be made payable on the same day. The assessor and 
collector may, however, where in his judgment it is essential for the protec- 
tion of the revenue of the city, issue a license for a shorter period than six 
months. (M. C., sec. 2339.) 


Sec. 2471. Rebate allowed for unexpired term of license.— 
If any consumer shall remove from the premises tor which his license was 
issued, before the expiration of the same, he shall notify the assessor and 
collector of water rates thereof, who shall cause the water to be shut off 
the premises; thereupon the assessor and collector shall compute the un- 
consumed value of the license, which shall be in proportion that the unex- 
pired term of his license bears to the full term for which the license was 
issued, and said amount shall be allowed as a payment on a subsequent li- 
cense, or, at his option, shall be returned to the consumer holding said 
license. (M. C., sec. 2340.) 


See. 2472. Allowances in case of fire.—Any water taker de- 
prived of use of water by the destruction by fire of the premises for which 
the license was issued shall be entitled to have a valuation of his license 
made under the provisions of section 2471. (M. C., see. 2341.) 


Sec. 2473. Use of water by fire department.—The regu- 
larly constituted fire department of the city shall at all times have the lib- 
erty to use water for the purpose of cleaning, washing and testing the en- 
gines or other apparatus of the department. (M. C., see. 2342.) 


ART. IIT.] OF WATER RATES. 1101 


Sec. 2474. Abuse of water privileges—how  punished— 
duty of police.—Any person having a water license, who shall use or 
suffer to be used, water from the premises designated in his license, for any 
other purpose than that specified therein, or shall suffer any person not li- 
censed to use water from such premises, or who shall suffer any hydrant to 
remain exposed to public use, or shall suffer or permit any unnecessary 
waste of water therefrom, or shail negligently suffer the water to waste be- 
cause of the plumbing or fixtures being out of repair or otherwise, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, be fined not 
less than five nor more than fifty dollars. And it is hereby made the duty 
of all policemen to report to the assessor and collector of water rates any 
and all breaches of this section. (M. C., sec. 2545.) 


Sec. 2475. Use of water without license—opening fire-plug 
—injuring water -appurtenances—casting into reservoir— 
penalty.— Whoever shall himself, or by any of his family, agents or serv- 
ants, use the water from the waterworks without license, or who shall with- 
gut lawful authority open any fire-plug, stop-cock, valve or other fixture ap- 
pertaining to said works, or who shall shut off or let on water, into or from 
any pipe, or shall injure, deface or impair any part, appurtenance of the 
waterworks, or shall throw or cast anything into the reservoirs of said 
works, shall be deemed guilty of a misdemeanor, and upon conviction there- 
of, be fined not less than five nor more than fifty dollars. (M. C., sec. 2344.) 


Sec. 2476. Premises must be enclosed.—In no case shall a li- 
cense be issued to any one for the use of water until it shall have been as- 
eertained from actual inspection that the premises are so inclosed as to 
prevent persons having no license from using water therefrom without the 
knowledge of the person to whom the license is granted. It shall be lawful 
for the assessor and collector of water rates to shut the water off from 
any premises not inclosed in conformity to this section. (M. C., see. 2345.) 


See. 2477. License to storekeeper—when.—A_ license may be 
issued to the owner or occupant of any store, shop or office that is con- 
nected with a dwelling for the use of water from any hydrant in the neigh- 
borhood, when the owner of such hydrant shall give written permission to 
do the same, said permit to be filed in the office of the assessor and collector 
of water rates. (M. C., sec. 2346.) 


Sec. 2478. Licenses to residents—where water pipe not 
Jaid.—Persons residing on streets in which the water pipe has not been 
laid may obtain a license for the use of water upon producing the written 
permission of the owner of the hydrant from which it is proposed to take 
the water, said permit to be filed in the office of said assessor and collector. 
(M. C., sec. 2347.) 


See. 2479. License—when may be’ withheld.—The assessor 
and collector of water rates is hereby authorized to withhold a license for 
the use of water from the waterworks when in his opinion such license can- 
not be granted without the liability and likelihood of water being used for 
other purposes than that for which the license is taken. (M. C., sec. 2348.) 


Sec 2480. Such license to cover all uses.—In all such cases 
as those mentioned in the previous section, the asssessor and collector is 
authorized to require the applicant to take out a license for the use of water 


1102 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 38. 


for all purposes for which it is exposed to be used, and unless said applicant 
will do this, then said assessor and collector may refuse a license for the 
water for any other purpose. (M. C., sec. 2349.) 


Sec. 2481. Same—when license may be revoked.—If a_ l- 
cense shall be issued for the use of water upon any premises, and after said 
license has been issued and during the term for which it is issued, the as- 
sessor and collector shall become satisfied that water from said premises 
is used, or exposed to be used for purposes not contemplated by the license 
issued, then the assessor and collector may require the person to whom said 
license was issued to take out a license for the use of the water for the pur- 
pose for which, in the judgment of said assessor and collector, the water is 
exposed to be used, and in default of such license being taken out, the as- 
sessor and collector is authorized to revoke a license ‘actually issued and 
stop off the water from such premises. (M. C., sec. 2350.) 


Sec. 2482. License—non-payment or waste—water to be 
shut off.—The assessor and collector of water rates is hereby authorized 
to shut the water off from all premises and hydrants for the non-payment 
of licenses, or by the water commissioner, after notice, for allowing a willful 
waste of water within the buildings or premises for which a license to use 
water has been granted. (M. C., see. 2351.) 

Brewing Assn. vs. St. Louis, 140 Mo. 419, 423; Westlake vs. St. Louis, 77 Ma. 
17; Brewing ASsn., vs. St. Louis, 187 Mo: 8677) 38h. 


Sec. 2483. When connection with main pipe to be eut 
off.—Whenever the assessor and collector of water rates causes the water 
to be shut off from any hydrant or premises, and the same shall be let on 
again without permission of said assessor and collector, the water com- 
missioner shall, at the request of the assessor and collector of water rates, 
immediately cause the connection with the main pipe to be cut off. Any 
person procuring water from any hydrant or pipe that has been shut off 
by said assessor and collector, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than five nor more than 
fifty dollars. (M. C., sec. 2352.) 


See. 2484. License—oath of application for, may be 
required.—tThe assessor and collector of water rates may require of each 
applicant for water license a statement under oath at the time of applica- 
tion. (M. C., sec. 2353.) 


Sec. 2485. Premises may be entered. assessor and collec- 
tor of water rates and his duly authorized employes shall have free access at 
all reasonable hours to any premises where jit may be necessary to ascertain 
the reading of meters, the location or condition of a water pipe or other 
fixture attached to the waterworks, or to shut off or to let on water from or 
to any hydrant, pipe or other attachment, or by the water commissioner for 
any other purpose that may be deemed essential for the preservation of the 
works, prevention of waste, or protection of the revenue from the water- 


99 


works. (M. C., sec. 2354.) 


See. 2486. License—when water used for building pur- 
poses. —For all building purposes, where hydrant water is collected from 
street gutters and used, the regular license shall be paid, as though the 
water was taken direct from the waterworks. (M. C©., sec. 2355.) 


ARE, LL. OF WATER RATES. {103 


Sec. 2487. License rates for water.—The following rates for the 
use of water from the waterworks for one year are hereby established for 
residences occupied by one family only: House with three rooms or less, 
two dollars; house with four or five rooms, three dollars; house with six 
rooms, four dollars; house with seven rooms, five dollars; house with eight 
rooms, six dollars; house with nine rooms, seven dollars; house with ten 
rooms, eight dollars; house with eleven or twelve rooms, nine dollars; house 
with thirteen or fourteen rooms, ten dollars; house with fifteen or sixteen 
rooms, eleven dollars; house with seventeen or eighteen rooms, twelve dol- 
lars; house with nineteen or twenty rooms, thirteen doilars; house with more 
rooms to be assessed at fifty cents for each additional room; tenements, 
boarding houses, apartment houses, flats, hotels and residences o0¢ cupied by 
more than one family, one dollar per room; each church, ten dollars; each 
club room, twenty dollars ; each bath tub in private residence, tenements, 
apartment houses, flats, boar ding houses and hotels, with or without heating 
apparatus, two dellars; each public bath tub, fifteen dollars; each water 
closet in hotel, ten dollars; all other water closets, three dollars each; each 
vault through which the water from a sink or hydrant is conducted, five 
dollars; each urinal basin in a private residence, ten dollars; all other urinal 
basins, twenty dollars; for sprinkling grass or washing pavements with 
hose, for a street frontage of twenty-five feet or less, one dollar per annum; 
and for every additional front foot above twenty-five feet, five cents per 
foot, provided payment in ali cases shall be made for the entire frontage of 
the premises to be sprinkled; for hose for private stable, five dollars; for 
sprinkling streets with sprinkling cart, for that portion of the street em- 
braced between two cross streets, where the same does not exceed three 
hundred linear feet, ten dollars; and where such portions exceed three hun- 
dred linear feet, the excess to be charged for in proportion at the same rate, 
or at the rate of three-fourths of a cent per hundred gallons of water used ; 
for filling cisterns, six cents per one hundred gallons; for each fountain, 
twenty- five dollars, but no fountain attac hment. shall be greater than one- 
half inch, and no fountain shall be operated more than four hours per day. 
All licenses for sprinkling streets, sidewalks and gutters, and for fountains, 
shall date from the first day of April, and be for not less than one year. 
And any person holding a license for such purpose shall put in his own 
atti iehment, and shall keep the same in order and free from waste, and a 
failure so to do shall work a forfeiture of the license. - For each perch of 
stone masonry, five cents; for every thousand of bricks laid in a wall, ten 
cents; for every square yard of plastering, one-half cent. Each person apply- 
ing for a license for building purposes shall furnish a statement of the 
amount and kind of work to be done, which shall be sworn to and preserved 
in books provided for that purpose. And until meters are installed pur- 
suant to section 2488, water used for business purposes with flats above, 
shall be paid for at the following rate: Each grocery store, ten dollars: 
each other store, shop or hall, not less than five dollars nor more than thirty 
dollars; each office, not less than five dollars nor more than thirty dollars: 
each dramshop, saloon, beer house, ale cellar, porter cellar, wine cellar and 
restaurant, from twenty dollars to one hundred dollars, but no additional 
charge shall be made on any dramshop, saloon or beer Itouse license for 
billiard or pool table where only one such table is used; for each tenpin 
alley, three dollars; for each ice cream saloon, coffee saloon, oyster saloon, 
confectionery and candy manufactory, from fifteen dollars to one hundred 
dollars; bakeries, for each oven, not less than ten dollars nor more than 
fifty dollars; barber shops, for the first chair, five dollars; for each additional! 
chair, two dollars; for every billiard or DOO! table, three dollars; for each 
book bindery and printing office, two dollars for each hand employed, but 


1104 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 38. 


no license less than fifteen dollars; each photograph gallery not less than 
twenty dollars nor more than fifty dollars; each cigar and tobacco manu- 
factory, for each person employed therein, two dollars, but no license shall 
be issued for less than ten doliars; for each dyeing and scouring establish- 
ment, twenty-five dollars; for laundry with three hands or less, twenty dol- 
lars; for each additional hand above three, five dollars; each hat factory, 
twenty dollars; each laboratory, twenty-five dollars; each soda manufac- 
tory, fifty dollars; each starch manufactory, fifty dollars; each tannery, per 
vat, six dollars, but no license less than twenty-five dollars; for each livery 
and sales stable, two dollars per stall, but no license less than twenty-five 
dollars; in addition to the hose license required, for each hose for livery 
or sales stable, fifty dollars; hose for dairy, twenty dollars; each horse and 
mule, three dollars; each cow, one dollar; each automobile, carriage and 
buggy, two dollars; each spring wagon, two dollars, except in livery stables 
where no charge for vehicles shall be made; for washing meat, not less thar 
twenty dollars; for washing bottles, twenty-five dollars; brick yards, for 
each gang of hands, twenty dollars; for each forge, three dollars; schools, 
for each scholar, five cents; foundries and blacksmith shops, for each fire, 
three dollars; for each steam boiler, a water rate of forty cents per square 
foot of fire surface shall be charged, the fire surface to be computed by the 
area of the boiler and flues exposed to the fire. A statement of the dimen- 
sions and construction of each boiler shall be filed by the applicant at the 
time of his application with the assessor and collector of water rates. A 
proportionate allowance shall be made on such boilers as are used only a 
portion of the time, to be ascertained by the affidavit giving a detailed state- 
ment of the actual running time. Gas engines, three dollars per horse 
power. In all manufacturing establishments, the assessor and collector of 
water rates, in computing the amount of license, shall be governed by the 
number of hands actually employed therein, and charge at a rate not ex- 
ceeding two dollars per hand. For the use of water for any purpose not 
herein specifically designated and not paid for at meter rates, not less than 
ten dollars nor more than one thousand dollars shall be charged, the same 
to be fixed by the assessor and collector of water rates. Wherever there is 
in a single store or room more than one business carried on subject to spe- 
cial rates, the person paying the highest rate shall be assessed in full, and 
the other subjects shall be assessed at half rates. In assessing the foregoing 
rates, all licenses ‘shall be figured to the nearest fifty cents. (Ord. 22353, 
sec. 2356, amending ord. 21913.) 


This ordinance is again amended by ord. 23085, approved June 27, 1907. Be- 
fore this Revised Code, ord. 21913, amended ord. 20849, the latter 20650, and that 
had amended 20556, which amended M. C., sec. 2356. 


Sec. 2488. Water meter rates—when permitted—amounts 
—water meters and rates therefor.—Water furnished to resi- 
dences and premises occupied for business purposes with flats above, may 
be paid for at meter rate, at the option of the person requiring use of water 
und applying for a meter, or at the option of the assessor and collector of 
water rates, who shall have power to ascertain by meter measurement the 
quantity of water used, and exact payment therefor at meter rates, and in 
either case the rates fixed at license rates shall not apply. Water furnished 
to all other connections must be paid for at meter rates, and in all cases 
where the water is to be paid at meter rates the person or corporation taking 
out license shall be charged the following rates on the average quantity of 
water used during the year, the year to be estimated at three hundred days. 
When the quantity used averages one thousand gallons per day or less, 
twenty-five cents per one thousand gallons. When the quantity used aver- 
ages from one thousand to twenty-five hundred gallons per day, twenty 


ART Lit. 3 OF WATER RATES. 1105 


cents per one thousand gallons. When the quantity used averages from 
twenty-five hundred to five thousand gallons per day, fifteen cents per one 
thousand gallons. When the quantity used averages from five thousand to 
ten thousand gallons per day, thirteen cents per one thousand gallons. 
When the quantity used averages from ten to twenty-five thousand gallons 
per day, eleven cents per one thousand gallons. When the quantity used ex- 
ceeds twenty-five thousand gallons per day, eight cents per one thousand 
gallons. The meter rate for the use of water from the waterworks for 
purely manufacturing purposes, is hereby fixed at eight cents per one thou- 
sand gallons. (Ord. 21913, amending M. C., sec. 2357.) 


Sec. 2357 of M. C. was also amended by ord. 21523, by adding a proviso that 
for World’s Fair and Centennial Expositions held under provisions of R. S. 1899, 
Art. tosou, 125 whichvuse during “such period of exposition more than seventy- 
five million gallons, the rate is one cent per thousand gallons. As to breweries, 
ete., paying at rate of one cent per hundred gallons when using over fifty mil- 
lion gallons annually, etc., and recovering back excessive payments, see Brew- 
ing Co. vs. St. Louis, 187 Mo. 367; Brewing Co. vs. St. Louis, 140 Mo. 428. See 
also, Westlake vs. St. Louis, 77 Mo. 47. 


As to Pudlic Baths getting its water free of charge, see R. C., Chapter 22A 
and notes to heading; also R. C., secs. 1802-1804. 


Sec. 2489. Fractional parts of meter rates.—In assessing and 
collecting the rates established in sections 2487 and 2488, no license shall 
be issued in fractions of less than a half-dollar, and in all cases where the 
fraction is twenty-five cents or less the same shall be dropped, and where 
the fraction exceeds twenty-five cents it shall be increased to make the half- 
dollar amount; for example, if a license figured at the rates established in 
sections 2487 and 2488 shall amount to one dollar and twenty-five cents, it 
shall be one doliar, and if one dollar and twenty-six cents it shall be one dol- 
lar and fifty cents, and if one dollar and seventy-five cents, then one dollar 
and fifty cents, and if one dollar and seventy-six cents, then two dollars. 
(Ord. 20605, adding sec. 2357A to M. C.) 


Sec. 2490. Tenement and boarding houses defined.—Tenement 
liouses within the meaning of this article are defined to be houses subdivided 
into suites or rooms and rented to families or individuals. Boarding-houses 
are defined to be houses advertised by placards or otherwise as boarding or 
lodging houses, or where the furnishing of board or lodging is pursued as a 
business. (M. C., sec. 2358.) 


Sec. 2491. Stop-box—when broken must be_ replaced. 
Whenever the assessor and collector of water rates shall find that the stop- 
box controlling the supply to any premises is broken or not in a serviceable 
condition, he shall notify the owner or occupant of the premises that a new 
box is required, and the assessor and collector shall refuse to grant a license 
for such premises until a new and sufficient box is duly set. (M. C., see. 
2359. ) 


Sec. 2492. ‘Gallon’? defined.—The term “gallon” used throughout 
this article shall mean two-fifteenths of one cubic foot. (Ord. 21913, amend- 
ing M. C., sec. 2360.) 


Sec. 2493. Present schedule—when goes into effect.—The 
schedule of rates as specified in sections 2487 and 2488 shall be operative 
as and when the licenses now in force expire, and as when the licenses in 
the districts in which the premises are affected are located fall due next 


1106 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 38. 


succeeding the approval of this ordinance, but no rebates shall be paid on 
account of any license paid in advance or prior to the passage of this ordi- 
nance. (Ord. 21913, adding sec. 2360A to M. C.) 


See. 2494. Meters may be placed in public institutions. 
—The assessor and collector of water rates shall, in his discretion, cause 
meters to be placed on all or any of the public institutions, buildings, parks, 
or other public places where water is used fron’ the waterworks, to ascer- 
tain the average amount of the consumption of water daily at each, and shal] 
furnish monthiy statements thereof, for the information of the mayor and 
municipal assembly. (M. C., see. 2361.) 


Sec. 2495. Meters—only one connection with main allowed. 
—Whenever the assessor and collector of water rates shall determine to 
place a water meter upon any premises, and the said premises are supplied 
by more than one connection with the city mains, he shall notify the owner 
or occupier of said premises to at once cause his plumbing to be so recon- 
structed as to permit a supply to be furnished from one connection only 
with the main; and if the owner or occupier of the premises, after such 
notice, shall fail to make the required change, the assessor and collector of 
water rates shall refuse to renew. the license upon said premises until the 
required change is made. (M. C., sec. 2562.) 


Sec. 2496. Rates for hospitals, ete.—assessed half rates. 
Hospitals, orphan asylums and charitable institutions shall be assessed at 
one-half the rates as provided for residences occupied by one family only. 
(M. C., sec. 2363.) 


See. 2497. Rates for public schools,—The assessor and collector 
of water rates is hereby authorized and empowered to issue licenses to the 
board of education of the City of St. Louis for the use of water by it and for 
its purposes in the public schools, at a rate of two and one-half cents per 
one hundred cubic feet and upon the same terms and conditions and sub- 
ject to all of the rules, regulations and restrictions now or hereafter im- 


posed by ordinance upon users of water within the City of St. Louis. (Ord. 
20727.) 


Sec. 2498. B. P. I. to procure water meters.—The board of 
public improvements is hereby authorized and directed to procure water 
meters to be used in measuring water furnished to consumers by the St. 
Louis Water Works. The cost of. the same shall be paid by the City of St. 
Louis. (Ord. 22138.) 


The ordinance appropriates $100,000 therefor; ord. 21603 is identical with it, 
except that it appropriates $50,000. 


See. 2499. Rates to government.—The assessor and collector of 
water rates is hereby authorized and empowered to issue licenses to the 
United States Government for the use of water by it and for its purposes 
from the city waterworks, at a rate of five and one-half cents per one hun- 
dred cubic feet and upon the same terms and conditions and subject to all 
of the rules, regulations and restrictions now or hereafter imposed by ordi- 
nance upon users of water within the City of St. Louis. (Ord. 20535.) 


See 2500. Same—meters at Jefferson Barracks.—All water 
so furnished for use at Jefferson Barracks shall pass through meters to be 
placed by the City of St. Louis at convenient points within the city limits. 
(1b., sec. 2.) : 


ART. 1k) ATTACHMENT WITH WATER PIPES. 1107 


See. 2501. Same—pipe connections.~—The water commissioner 
is hereby authorized to make the necessary, pipe connections within the city 
limits, with the city water mains or pipes and to place meters upon such 
connections. (J/b., sec. 3.) 


Sec. 2502. Same—reservation of rights to city.—The City of 
St. Louis reserves the right to alter, amend or repeal the preceding three 
sections at any time. (Jb., sec. 4.) 


See. 2503. Penalty for violating article.—For any violation of 
: : Jy 
the provisions of this article, for which a special penalty is not hereinbefore 
provided, the offender shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined not less than three nor more than one hundred 
dollars, to be recovered before the police justice as in other cases of violation 
; | I J 
of ordinance. (M. C., sec. 2364.) 


CHARTER 39, 
OF WATER WORKS.* 


ART. I. Attachment with water pipes. 
Il. Water works bonds. 


ARTICLE I. 
ATTACHMENT WITH WATER PIPES. 


See. 2504. Persons making attachment, etec., required to 
give bond.—No person, firm or corporation shall make any attachment 
or connection with the pipes of the St. Louis waterworks, nor make any 
repairs, additions to, or alterations of, any pipe or fixture connected there- 
with unless he or they shall have given the bond required to be given by 
plumbers. (M. C., sec. 2365.) 

Plumber’s bond, see R. C., 1794. As to Charter authority in city to regulate 
connections and require permit, see Art. VI, sec. 13. 


Sec. 2505. Bonded plumber to procure permit.—Any bonded 
plumber desirous of introducing water from the waterworks to any prem- 
ises, or of making any repairs, additions to, or alterations of, any pipe or 
fixture supplied with water from the waterworks, shall first procure a per- 
mit from the water commissioner. (M. C., sec. 2366.) 


Sec. 2506. Applications to be written—what to contain. 
All applications for permits must be in writing upon blank forms furnished 
by the water commissioner. The application shall state the location of the 
premises, the full name of the owner of the property, the several and various 
uses for which water is wanted and such other information pertaining to 
the subject as the water commissioner may require. (M. C., sec. 2367.) 


*Charter provisions as to water-works and water pipes: Charter, Art. I, sec. 
TarArt, IllMscc wb clauses 2,.Arti Wil, sees 2, 13) andmespecially Art. VII; sécs. 
1-13, with notes. 


For ordinance regulations concerning plumbing and draining in general, see 
R. C., secs. 1787-1801 of Art. IV, Chapter 22. The Charter requires the assembly 
to provide that connections with water or gas pipes shall be subject to such 
regulations as B. P. I. may provide, and that a permit shall be required to make 
such connection: Art. VI, sec. 13. : 


For ordinances providing sinking fund to pay water bonds, see sec, 2528, and 
Charter provisions on same, see Art. VII, sec. 11. 


1108 REVISED CODE OR GENERAL ORDINANCES. OH 2M se 39. 


See. 2507. Permit—when is making an at- 
tachment to the water mains, or additions, alterations or repairs of pipe 
supplied with water from the waterworks will be issued by the water com- 
missioner upon presentation of a certificate of the supervisor of plumbing, 
stating that the proposed work is approved by him, and another certificate 
signed by the assessor and collector of water rates, stating that the cost of 
the tap and the sum of two dollars, for inserting the tap in the water main, 
has been paid. Permits for attachments to private pipe will be granted only 
when the written consent of the owner of the pipe is filed with the water 
commissioner. (M. C., sec. 2368.) 


Sec. 2508. Permits—when not to be grante rmits for 
attachments for building purposes will not be granted until the building 
license has been paid to the assessor and collector of water rates. Permits 
for attachments will not be granted when the service pipe passes over or 
through premises, which at the time or may thereafter become the prop- 
erty of persons other than the owner of the premises to be supplied by such 
attachments. Permits for attachment to private pipe will not be grantea 
if there be a main pipe either in front or rear of the premises to be supplied. 
Permits for connections for fountains, stand-pipes or pipes for fire protec- 
tion shall not be granted unless the water is taken on the premises for other 
than fire purposes. Permits for attachments for public fountains shall not 
be granted until the pattern of the fountain to be used shall be approved by 
the board of pubiic improvements. (M. ©., see. 2369.) 


Sec. 2509. Taps to be furnished by water commissioner— 
what tapping permitted.—No tap shall be used except such as is 
furnished by the water commissioner, and no person except the tapper em- 
ployed by the water commissioner shall, under any circumstances, tap the 
distribution pipes or insert taps therein. No tap shall be inserted in a pipe 
of greater internal diameter than twenty inches, except by special permis- 
sion of the water commissioner indorsed on the permit. (M. C., see. 2870.) 


Sec. 2510. Service pipe, repair of—failure to repair—water 
shut off—failure to repay when repaired by city—penalty. 
Whenever any service pipe or attachment to same, leading to any premises 
is out of repair, and the owner of such premises or his agent, or the occu- 
pant thereof, refuses or neglects to repair the same at once, after notice 
irom the water commissioner, the necessé ary repairs shall be made or the 
water shall be shut off by the water commissioner; and in case of repairs 
requiring prompt attention, the repairs shall be made or the water shall be 
shut off by the water commissioner without such notice. A bill for the cost 
of the work done and material furnished by the water commissioner shall 
be presented to such owner, agent or occupant, and in case of failure to pay 
the same within ten days after presentation of said bill, the assessor and 
collector of. water rates shall be notified, and upon receiving such notifica- 
tion, he shall immediately cause the water to be shut off and may withdraw 
the tap, or cut off the attachment from main pipe, and no further license 
for water to be used on or at said premises shall be issued until the cost in- 
curred in making repairs and disconnecting the attachment have been paid 
to the assessor and collector of water rates. (Ord. 21587, adding sec. 2370a 
to ‘M) @:) 


See. 2511. Taps—regulations of.—Taps shall be inserted at least 
six feet within the lines of the building to be supplied therefrom. No more 
than one building shall be supplied from one tap except where there is no 


AR Th) ATTACHMENT WITHL WATER PIPES. 1109 


main pipe either in front or in the rear of the premises to be supplied. In 
case a tap larger than three-fourths of an inch be requested for private resi- 
dence, the party desiring such tap will be required to place a water meter 
upon his attachment at his own expense. When an increase in supply is 
wanted, the tap or taps in use must be drawn and the main plugged at the 
expense of the party desiring the increased supply before the new tap is in- 
serted in the water main. When service pipes are abandoned, of which fact 
the water commissioner shall be Judge, the taps to which said abandoned 
pipes are connected shall be drawn and the main pipe plugged. Taps in- 
serted for building purposes will be drawn by the water commissioner when 
the building is completed, unless it be intended to extend the pipe for the 
supply of the premises, in which case appheation must be made in the usual 
manner. (M. C., sec. 2371.) 


Sec. 2512. Notice to be given of price of taps.—Whei- 
ever the price of taps has been determined by the water commissioner, said 
water commissioner shall notify the comptroller and auditor thereof. (M. 
C., sec. 2372 


Sec. 2513. Attachment—when to be cut off. rer the 
shutting off of the water from any attachment cannot be accomplished or 
maintained in the ordinary manner, and the party or parties owning the 
service pipe refuse or neglect to repair the same at once, the water commis- 
sioner when informed that said shut-off cannot be made, will draw the tap 
or cut off the attachment from the main pipe, and no permit shall be granted 
to reconnect said attachment until the cost incurred in disconnecting the 
same has been paid to the assessor and collector of water rates. (M. ¢., 
sec. 2373.) 


Sec. 2514. Service pipes—how laid—material of.—All  ser- 
vice pipe placed in connection with the waterworks shall be made of lead, 
except in cases where the water commissioner may grant otherwise. The 
pipe shall be laid four feet below the surface of the ground, and sufficiently 
waving to allow an extra length of one and one-half feet and in such a 
manner as to prevent rupture by settlement. Said pipe shall be of the class 
known as “extra strong” and shall weigh per lineal foot for various diam- 
eters as follows: 


Size of Tap— 
One-half inch. 
Five-eighths inch. 
Three-fourths inch. 
One inch. 
One one-fourth inch. 
One one-half inch. 


Diameter Pipe— 
Five-eighths inch. 
Three- fourths inch. 

One inch. 

One one-fourth inch. 
One one-half inch. 
One three-fourths inch. 
Two inch. 

Two one-half inch. 


Weight per foot— 
Three pounds. 


1110 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 39. 


Three pounds ten ounces. 
Four pounds twelve ounces. 
Six pounds. 

Seven pounds two ounces. 
Kight pounds four ounces. 
Nine pounds four ounces. 
Sixteen pounds twelve ounces. 


The service pipe used for interior plumbing (that is, all inside the 
premises) may be of the class known as “strong” lead pipe, but no pipe of 
lighter weight than this shall, under any circumstances, be used. The 
weight of this class of pipe shall be as follows: 


Diameter of Pipe— 
Five-eighths inch. 
Three-fourths inch. 
One inch. 

One one-fourth inch. 
One one-half inch. 

One three-fourths inch. 
Two inch. 


Weight per lineal foot— 
Two pounds eight ounces. 
Three pounds. 
Four pounds. 
Four pounds eight ounces. 
Six pounds four ounces. 
Six pounds eight ounces. 
Kight pounds. : 


Service pipes must be laid under the building or in a lot clear of the 
building, and within three feet of the sidewalk, thereof. No serv- 
ice pipe shall be permitted to be laid in a sewer trench or 
within eighteen inches alongside of said trench, except by special 
permission of the water commissioner indorsed on the permit. No pipe of 
less diameter than five-eighths of an inch will be permitted to be placed 
under ground in connection with the waterworks. Temporary service pipes 
and pipes laid to supply premises where there is no water main in front of 
the premises shall be removed, and connections made to the water main as 
soon as it is laid in front of the premises. (M. C., sec. 2874.) 


Sec. 2515. Stop cocks—how made—where placed.—tThere shall 
be a stop-cock placed on every attachment to the waterworks. In streets it 
shall be placed under the sidewalk within one foot of the curbstone, and in 
alleys it shall be within one foot of the side line of the same. All stop- 
cocks, without exception, shall have a strong and suitable “T’ head. They 
shall be placed immediately in front of the premises to be supplied, and 
shall be inclosed in an iron stop-box coming up even with the surface of 
the pavement. When a service pipe is laid in a street or alley a greater 
distance than fifty feet before it enters the premises to be supplied, there 
shall be two stop-cocks placed upon said pipe; one as near the water main 
as the water commissioner shall require, and one in the sidewalk or alley 
immediately in front of the premises. When a service pipe is laid along the 
street, before it enters the premises to be supplied, it shall be laid in the 
street clear of the gutter, and within four feet of the curbstone. In ‘cases 
where several buildings are supplied from one tap there shall be a stop- 


ART. I.] ATTACHMENT WITH WATER PIPES. 1111 


cock and box located near the water main, and also a stop-cock and box 
controlling the water supply to each house independently. (M. C., sec. 
2375. 


Sec. 2516. Street washers—regulations of.—Street washers, 
when placed in connection with the pipes supplying the premises, shall be 
controlled by a stop-cock and box, so arranged as to admit of the water be- 
ing turned off from the street washer without interfering with the supply 
for the building. No street washer shall be used until the pattern of the 
same shall have been approved by the board of public improvements. (M. 
C., sec. 2376.) 


2 


Sec. 2517. Service pipe for building purposes.—When an 
attachment is made to supply water for building purposes, the service pipe 
shall be carried to the inside of ‘the curbstone and a regular stop-cock and 
box shall be set; in addition to the regular stop-cock and box, there shall 
be furnished and set for the use of the builder a street washer so arranged 
as to operate with a key. (M. C., sec. 2377.) 


See. 2518. Supply pipes—stop cock for, where’ placed.— 
There shall be a stop and waste cock attached to every supply pipe at the 
point where it enters the building, and so arranged and maintained as to 
admit of the water being shut off and the pipes in the building drained. (M. 
©., sec. 2378.) : 


See. 2519. Service pipes—stop-boxes on.—All stop-boxes used 
on service pipes connected with the waterworks shall be of iron, and shall 
be so made as to be adjustable in length, and of a diameter at the smallest 
point of not less than four inches. No pattern of stop-box shall be used 
until the same shall have been approved by the board of public improve- 
ments. (M. C., sec. 2379.) 


Sec. 2520. New work—duty of plumber.—When the plumb- 
ing work in connection with any new attachment, or in any new building, 
has been completed and tested, it shail be the duty of the plumber to shut 
off the water. When a shut-off for the purpose of repair cannot be made 
in the usual manner and it is desired to have the water turned off from the 
main pipes, the plumber desiring such shut-off will be required to pay the 
assessor and collector of water rates the sum of two dollars to cover the 
cost of the shut-off. (M. C., sec. 2380.) 


See. 2521. Plumbing work to comply with the rules of 
board of public improvements.—No pipe fixture or appurtenance of 
any kind whatsoever shall be used in connection with the plumbing of any 
premises until the pattern of the same shall have been approved by the 
board of public improvements. All plumbing work shall be done in ac- 
’ cordance with the rules and regulations of the board of public improve- 
ments, and shall be subject to the inspection of the supervisor of plumbing, 
and no work shall be covered up or regularly supplied with water from the 
waterworks until examined and approved by him or his duly authorized 
agent. (M. C., sec. 2381.) 


Sec. 2522. Elevators and large connections—regulations 
for.—All elevator, motor or other large connections, in addition to the 
stop-valve in the street must be supplied with another valve, for the use of 


1112 REVISED CODE OR GENERAL ORDINANCES. [CHAP.: 39. 


the occupants, where the pipe first enters the building. Parties desiring 
attachments for supplying water to elevators, motors, “fire pipes, or other 
large connections, shall file an application with the water commissioner 
stating such information pertaining to the subject as he may require. Such 
attachment will be made by the water commissioner at the cost of the 
party desiring the attachment when, in his opinion, the attachment or the 
use thereof will not interfere with or endanger the water supply to build- 
ings in the immediate vicinity. Air chambers of sufficient capacity to pre- 
vent excessive ramming shall be placed on all connections supplying hy- 
draulic elevators. Connections for furnishing water for fire purposes shall 
not be used for any other purpose unless a water meter is placed thereon 
by the parties desiring the water. (M. C., sec. 2882.) 


Sec. 2523. Stand-pipes—to be provided with valves.— 
Stand-pipes and pipes intended for fire protection, for which no charge is 
made for the use of water for extinguishing fires, must be provided with a 
suitable valve where the pipe enters the building; it shall be sealed by the 
water commissioner. In case such seal shall be broken for the extinguish- 
ment of any fire the party shall immediately give notice to the water com- 
missioner, and no seal shall be broken for any other purpose or use, or any 
tap introduced into or connection made with said stand-pipe or pipe for 
fire protection. (M. C., sec. 23883.) 


Sec. 252 Plumbers—to make weekly returns.—It shall be 
the duty a all persons, firms or corporations carrying on the plumbing 
business in the City of St. Louis to make weekly returns to the assessor 
and collector of water rates of all alterations of or additions to plumbing 
work made by them during the previous week. The returns shall state the 
nature of the additions or alterations and such other particulars necessary 
to a full understanding of the subject as the assessor and collector of water 

rates may require. (M. C., sec. 2384.) 


See. 2525. Plumbers—names not to be used by others—must 
turn off water after testing.— No person, firm or corporation carrying on 
the plumbing business shall allow his or their name to be used by any per- 
son, directly or indirectly, either to obtain a permit or permits, or to do any 
work under his or their bond, or make any misrepresentations or omissions 
in weekly returns or leave the water turned on after completing and testing 
the plumbing. (M. C., sec. 2385.) 


Sec. 2526. Tap—permit not to be issued—when.—When 
a fine shall have been imposed upon any person, firm or corporation carry- 
ing on the plumbing business, or his or their bond or certificate shall have 
been forfeited, suspended or canceled, the water commissioner shall refuse 
to issue any tap permit to such person, firm or corporation until such fine 
has been paid, or until such bond or certificate has been duly renewed by 
the proper officer or department. (M. C., sec. 2386.) 


Sec. 2527. Any person violating any of the provisions of 
this chapter shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than ten nor more than two hundred dollars, 
to be recovered to the use of the city, before any court or officer having 
competent jurisdiction. (M. C., sec. 2387.) 


CHAP. 40.] WEIGHTS AND MEASURES—DEPARTMENT OF. 1113 


ARTICLE ITI. 
WATER WORKS BONDS.* 


Sec. 2528. Sinking fund for “St. Louis water bonds.’’—In 
conformity with the requirements of section eleven of Article seven of the 
Charter of the City of St. Louis, there is hereby set apart annually out of 
the whole net income realized from rents and receipts of the waterworks in 
excess of what may be necessary for completing, constructing, operating and 
repairing the waterworks, and for interest on the water bonds, the sum of 
three hundred thousand dollars as a sinking fund solemnly appropriated to 
and for the payment of the bonds issued for the erection of the waterworks, 
denominated “St. Louis water bonds,” and shall be applied solely to that 
purpose until the whole of said bonds be fully paid. (Ord. 21475, sec. 1.) 


Sec. 2529. Same—how invested.—The board of fund commis- 
sioners is hereby empowered and directed to invest the assets of the sinking 
fund, as created by the provisions of the preceding section, in the manner 
provided for in section eleven of Article seven of the charter, that is to 
say, in St. Louis water bonds, if the same can be done advantageously, and 
if not, in other bonds of the City of St. Louis; and if none such are pro- 
curable, then in bonds of the State of Missouri, or the United States. (Ord. 
ia See 12.) 


See. 2530. Fund to meet interest.—In addition to the amount set 
aside from water works revenue for sinking fund purposes, there is hereby 
appropriated and set aside annually in conformity with the requirements of 
the charter, a sufficient amount to meet the interest maturing on the bonds 
due for the erection of the waterworks and denominated “St. Louis water 
bonds.” (/b., sec. 3.) 


CHAPTER 40.** 


WEIGHTS AND MEASURES—DEPARTMENT OF. 


AO a5 We I, Of inspector. 
II. Of weights and measures. 
III. Of public scales. 
IV. Of city weighers. 
V. Of lumber measurers. 


*CNarver- sear tee LL Secs, rt 13; 


**Charter authority to regulate the standard of weights and nieasures, and 
inspection, etc.; Chart., Art. III, sec. 26, clause 7; Art. IV, sec. 30. 


Where under a municipal charter, the power to regulate weights is incident 
to and part of the grant to regulate markets, it is strictly a police power: it 
cannot be exercised for revenue purposes: Lamar vs. Weidman, 57 Mo. App. 
507, 513. 


The ordinance of St. Louis requiring coal dealers to furnish certificates to 
the consumers is valid under the charter authorizing provisions for weighing 
coal; and the provision in the Charter ‘to regulate retailers” of coal authorizes 
a charge for such certificates: Sylvester Coal Co. vs. St. Louis, 130 Mo. 323. See 
where similar ordinances were upheld: St. Charles vs. Elsner, 155 Mo. 671. See 
also St. Louis vs. Priesmeyer, 12 Mo. App. 592 (memo. opin.), and as to State 
law, see State ex rel. vs. Goffee, 192 Mo. 670. 


1114 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40, 
ARTICLE I. 
OF INSPECTOR. 


See. 2531. Duties and powers of inspector. —It shall be the duty 
of the inspector of weights and measures twice in every year to examine and 
test the accuracy of all weights, measures, scales or other things used for 
weighing or measuring any article for sale, or which may be used in such 
manner that the accuracy of them may pecuniarily interest any other citi- 
zen than the owner, to stamp with a suitable seal, to be prescribed by the 
mayor, each weight, measure, scale or other thing so used, which he may 
find to conform, or which shall be made to conform, to the standard pre- 
scribed by the laws of the United States, or of this state, and deliver to the 
owner thereof a certificate of their accuracy; to seize in the name of ‘the 
city all false weights, measures and scales which he may find, and which 
the owner shall fail to have immediately made conformable to said laws. 
We shall keep a record of all scales and measures inspected by him, specify- 
ing date, place of inspection, and the names of the parties for whom the in- 
spection was made, and of all persons who fail to have the same corrected 
when not so found, and to report such person or persons to a police justice; 
to report at least once a month to the comptroller the names of the persons 
and the number of weights, measures and scales examined and found by him 
to be accurate, and shall make a daily report of the amount of fees collected 
by him, and pay the same daily into the city treasury, taking the treasurer’s 
receipt in triplicate therefor, and filing one with the comptroller, and one 
with the auditor, and to inspect and test any of the public scales of the city 
when requested by the weighers thereof. (M. C., sec. 2388.) 

Charter provisions. affecting Inspector: Charter, Art. Til, sec. 26,, clause 7; 
Art. IV, secs. 30, 47. See preceding note. 


Sec. 2532. Weights and measures open to inspection— 
penalty for : All weights, measures, scales 
or other things used in the manner prescribed in section 2531 shall be sub- 
ject to inspection as hereinafter provided, on and after the first Monday in 
January, and a second or subsequent inspection on or after the first Monday 
in July of each vear without regard to date of any preceding certificate. 
Persons who for the purpose of avoiding inspection, conceal or aeecate to 
conceal scales, weights, or measures, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined as provided in Metin 
2548. (M. C.; sec. 2389.) 


Sec. 2533. Persons using weights, etc., to cause them 
to be examined, ete.—penalty.—All persons using weights, meas- 
ures, Scales or other things in the manner prescribed by section 25381, shall 
cause the same to be examined, tested and sealed as hereinbefore required ; 
and no such weights, measures, scales or other things so used, shall be 
deemed inspected, tested or sealed until the owner or owners thereof shall 
have paid for and obtained a proper certificate or certificates from the in- 
spector of weights and measures, and the owner or owners or party in 
charge shall post said certificate or certificates on the scale or in some con- 
spicuous place adjacent thereto ; and on failure to do so, shall be liable to 
arrest and fine as provided in section 2548. (M. C., sec. 2390.) 


Sec. 2434. Articles requisite—how purchased—supplies.— 
The commissioner of supplies is authorized, upon the requisition of the in- 
spector of weights and measures, to purchase such scales, measures, instru- 


ART. I.] OF INSPECTOR. 1115 


ments and utensils as may be requisite for the efficigncy of the office of the 
imspector of weights and measures, to be kept there as city property for the 
uses of his office, and to be turned over by him to his successor in office 
whenever required to do so on taking a receipt therefor, which receipt shall 
be filed with the register before being discharged from his bond. (M. C., 
sec. 2391.) 


Sec. 2535. Dry measure—standard of.—All substances other 
than liquids, when sold by measure shall be sold by dry measure according 
to the standard established by law. (M. C., see. 2892.) 


Sec. 2536. Evidence of use of measures—penalty for 
false measures.—The proximity of all weights, measures, scales or other 
things used for weighing or measuring, to goods, wares or other articles 
exposed for sale, shall be evidence of their use, and the inspector shall ar- 
rest, or cause to be arrested, any person or persons using in the manner 
_provided in this article, such weights, measures, scales or other things, and 
confiscate all false measures which are not in accordance with the standard 
prescribed by the laws of the United States or of this state, and every such 
person shall be deemed guilty of a misdemeanor, and upon conviction there- 
of, be fined as provided in section 2548. (M. C., sec. 2393.) 


Sec. 2537. What deemed yard _ sticks.—The inspector of 
weights and measures shall consider all yard measures or devices of any 
kind used for measuring goods, as yard sticks, and exact a like fee there- 
for, and the inspector’s certificate shall be given only on the receipt of the 
fees established by this article. (M. C., sec. 2394.) 


See. 2538. Fees of inspection—false measures—penalty of 
frauds. —The inspector of weights and measures shall charge for exam- 
ining, testing, sealing and certifying as herein required, as follows, viz.: 
Any steel yard, beam, ground, floor, platform, counter or other seale upon 
which may be weighed less than six hundred pounds, twenty- -five cents each; 
any such instr ument upon which may be weighed six hundred pounds or 
over, and under twelve hundred pounds, fifty cents each. Any such instru- 
ment by which may be weighed twelve hundred pounds or over and under 
twenty-five hundred pounds, seventy-five cents each. Any such instrument 
by which may be weighed twenty-five hundred pounds or over and under 
four thousand pounds, one dollar each. Any store, wagon, depot, hopper, 
hog, stock, hay, coal or other scales, by whatsoever name known or called, 
upon which may be weighed four thousand pounds or over, two dollars 
each. Any track scale, or scale used for weighing railroad cars, five dollars 
each. One set of weights shall, as to the compensation of the inspector of 
weights and measures, be considered a part of the scale; any additional 
weight or set of weights shall be charged for at the rate of twenty cents per 
set. Any yard stick or yard measure, ii cents each. Any dry or liquid 
measure (not in sets), five cents each. Any nest or set of measures, twenty 
cents per nest or set. Measures containing more than one gallon, five cents 
per gallon shall be charged, for every additional ¢ gallon which the measure 
contains. All charcoal measures, fifteen cents each. Any person or persons 
detected in altering or changing any weights or measures so as to measure 
more or less than the quantity or weight certified to. upon said weight or 
measure, shall be deemed guilty of a misdemeanor. Any person or persons 
using weights or measures, which weights or measures have not been 
stamped as correct by the inspector, shall be deemed guilty of a misde- 


1116 REVISED CODE OR.GENERAL ORDINANCES. - [CHAP. 40. 


meanor. Any person or persons convicted of a misdemeanor under this sec- 
tion shall be fined in the sum of not less than five nor more than one hun- 
dred dollars. (M. C., sec. 2395.) 


Sec. 2539. Inspection—fees for subsequent. inspector 
of weights and measures shall, for a second or subsequent inspection of 
weights, measures, scales or other things used as prescribed in section 2531, 
charge and receive the same fees as for a first inspection specified in this 
article. (M. C.,.sec. 2396.) 


Sec. 2540. Fees for inspecting hay and coal seales. 
The inspector shall charge for inspecting and testing the several seales of 
the city, for the weighing of hay and stone coal, two dollars for each in- 
spection, and for each platform scale in the use of the city, two dollars per 
vear, and the auditor shall audit such account, charging the same to appro- 

priation for scales. (M. C., sec. 2397.) 


See. 2541. Duty of comptroller—duty of inspector—pen- 
alty for failure.—The comptroller shal! deliver to the inspector of 
weights and measures blank certificates or tickets embracing a license 
clause with the amount specified therein, charging him therewith, and he 
shall account for the same in the same manner as other officers engaged in 
the collection of the city’s revenue. The inspector shall deliver to every 
person from whom he receives a fee, certificates or tickets duly signed and 
authenticated, stating the article or articles inspected and the fee received 
therefor, and shall make a faithful return for the same as hereinbefore di- 
rected. For any failure to comply with the provisions of this section, he 
shall be immediately suspended by the mayor, and the facts causing the 
suspension reported to the council for their consideration. (M. C., sec. 
2398. ) 


See. 2542. Bond of inspector.—The inspector of weights and meas- 
ures shall file with the register his penal bond, with two or more good and 
sufficient sureties, owners of unincumbered real estate in the city, in the 
sum of five thousand dollars, to be approved by the mayor and council, for 
the faithful discharge of his duties, and for the payment into the city treas- 
ury of all fees and other moneys collected by him belonging to the city. 
(M. C., sec. 2399.) 


See, 2543. Assistants and clerks—salaries—duties.—The 
inspector of weights and measures shall employ, with the consent and ap- 
proval of the mayor, five suitable and competent persons as assistants, one 
of whom shall be a practical scale maker, and one suitable and competent 
person as clerk, who shall receive compensation for their services as fol- 
lows, to-wit: First assistant, fifteen hundred dollars per annum, payable 
monthly; one second assistant, one thousand dollars per annum, payable 
monthly; two second assistants, nine hundred dollars per annum, payable 
monthly; one third assistant, six hundred dollars per annum, payable 
monthly; one clerk, one thousand dollars per annum, payable monthly, on 
the certificates of the inspector of weights and measures, out of the appro- 
priation for salaries. The said assistants and clerk shall be under the di- 
rection and control of the inspector of weights and measures and shall per- 
form such duties as the said inspector of weights and measures shall direct 
and he may, whenever in his opinion the interests of the city shall be sub- 


ART. I.] OF INSPECTOR. 1117 


served thereby, dismiss any of said assistants or clerk and appoint others in 
their stead, with the approval of the mayor. (Ord. 21499, amending M. C., 
sec. 2400. ) 


Sec. 2544. Salary of inspector.—The inspector of weights and 
measures shall receive from the city as compensation for his services the 
sum of three thousand doilars per annum, pavable monthly. (M. C., see. 
2401.) : 


Sec. 2545. City to furnish horses and wagons.—For the 
use of the inspection department the city shall supply and furnish, and 
provide for the keeping thereof, all horses and wagons necessary for the 
efficient administration of the business of the department. (M. C., see. 
2402.) R 


Sec. 2546. Dairymen, hawkers, ete.—duties of—penalty 
for violation,—All dairymen, hawkers, peddlers, junk or rag dealers, 
who have no regularly established place of business, using scales, weights or 
measures, or other things to weigh or measure by, shall have the same in- 
spected and tested by the inspector of weights and measures, at his office 
in the city hall, between the hours of nine and eleven a.m. Any [all] dairy- 
men, hawkers, peddlers, junk and rag dealers, who fail to comply with this 
section, shall be deemed to be guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than five nor more than ten dollars. (M. C., 
sec. 2403.) 


Sec. 2547. Standard bushel box established—sale in 
violation—penalty.—tThere is hereby established a standard bushel box, 
the dimensions of which shall be as follows: Length, twenty-three and one- 
fourth inches; depth, nine and three-fourths inches, and width, eleven inches, 
inside measurement. The dimensions of fractional parts of a standard bushel 
shall be as follows: <A half-bushel—diameter, twelve and one-half inches; 
depth eight and thirteen-sixteenths inches; a quarter bushel—diameter ten 
and five-sixteenths inches, depth six and three-eights inches; a one-eighth 
bushel—diameter seven and fifteen-sixteenth inches, depth five and three- 
eighths inches; a one-sixteenth bushel—diameter six and one-quarter inches, 
depth four and five-sixteenths inches; a one-thirty-second bushel—diameter 
five and one-fourth inches, depth three and one-sixteenth inches. AIll bushel 
boxes and all fractional parts thereof shall be of the foregoing dimensions 
and shall be used only for selling and buying fruits and vegetables. Any 
. person offering for sale such fruits and vegetables in boxes shall have such 
boxes inspected and sealed once each year, and the fee for such inspection 
shall be ten cents for each box. The inspector of weights and measures 
shall refuse to stamp as a bushel box any box not conforming to the re- 
quirements of this section. Any person or persons using boxes for the pur- 
pose of selling any fruit or vegetables of other dimensions that is likely to 
deceive or who does not have the same made to conform to the prescribed 
standard, after having been notified to do so, shall be deemed guilty of a 
misdemeanor, and shall, upon conviction, be fined not less than five dollars 
nor more than twenty-five dollars. (M. C., sec. 2404.) 


Sec, 2548. Penalty.—Any person who shall violate or fail to comply 
with the provisions of this article shall be deemed guilty of a misdemeanor, 
and upon conviction thereof be fined not less than five dollars nor more 
than one hundred dollars. (M. ©., sec. 2405.) 


1118 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40. 


ARTICLE TI. 
OF WHIGHTS AND MEASURES. 


Sec. 2549. Standard weights of various articles.—The follow- 
ing grains and other articles when sold as merchandise in the City of St. 
Louis, and when sold by the bushel, shall be considered as sold at the fol- 
lowing number of pounds, avoirdupois, to the bushel, namely: Wheat, 
beans (except castor beans), clover seed, potatoes, sixty pounds to the 
bushel; rye, flaxseed, fifty-six pounds to the bushel; barley, forty-eight 
pounds; bran, twenty pounds; onions, fifty-seven pounds; dried peaches, 
thirty-three pounds; dried apples, twenty-four pounds; buckwheat seed, 
fifty-two pounds; castor beans, forty-six pounds; hemp seed, forty-four 
pounds; bluegrass seed, fourteen pounds; timothy seed, forty-five pounds; 
salt, fifty pounds to the bushel. One bushel of charcoal shall be equal to 
five peck measures. (M. C., sec. 2406.) 


Sec. 2550. Standard in absence of agreement.—When no 
agreement exists to the contrary in relation to the above-named articles the 
measure and weight above specified shall be the city standard. (M. C., 
sec. 2407.) 

See. 2551. Corn and oats—standard weight of—penalty. 
—The standard weight of corn in the ear shall be seventy pounds; shelled 
corn fifty-six pounds, and oats thirty-two pounds, avoirdupois. All persons 
offering corn in the ear, or oats by the load for sale, who shall neglect or 
refuse to have the same weighed by the city weigher shdll be deemed guilty 
of a misdemeanor, and, upon conviction thereof, be fined not less than five 
nor more than twenty dollars for each and every offense, the fine to be 
collected before the police justice in the same manner as other fines are 
collected; provided, however, that the penalty herein provided shall not 
apply to persons selling ten bushels of corn or oats, or less, out of a load 
without weighing the same. (M. C., sec. 2408.) 


ARTICLE III. 
OF PUBLIC SCALES. 


See. 2552. Designation and location of public scales.—There 
are hereby established in the City of St. Louis the following public scales 
to be designated and located as follows, to wit: The public scales on the 
levee between Carr and Biddle streets by authority of an ordinance entitled 
“An ordinance to erect public scales on the levee betwen Carr and Biddle 
streets,’ approved July thirty-first, eighteen hundred and fifty-eight, to- 
gether with the office building connected therewith, are hereby established 
and continued as public scales, under the name of “North levee scales.” The 
scales erected on the southern part of the levee, near the present landing of 
the Wiggins Ferry Company, erected by authority of an ordinance entitled 
“An ordinance providing for the erection of hay and coal scales on the south ~ 
levee, near the ferry landing,” approved March twenty-sixth, 1858, together 
with the office building for the weigher, are hereby established and con- 
tinued as public scales under the name of “South levee scales.” The scales 
at the point north of the city market, between Broadway and Fifth (Third) 
street, are hereby established and continued as public scales under the name 
of “City Market scales.” The scales erected on Broadway (Third street} 
at or near the southeast corner of Christy avenue (or Green street) and the 


ART. IITI.] OF PUBLIC SCALES. 1119 


alley running north and south, through city block number ninety-one, by 
authority of ordinance number nine thousand and forty-seven, approved 
July sixth, 1874, together with the office building connec ted therewith, are 
hereby established and continued as public scales, under the name of “Bridge 
scales.” The scales erected on Main street in South St. Louis (Carondelet ) 
near the South Market, by authority of ordinance number nine thousand 
three hundred and eighty-three are hereby established and continued as 
public scales under the name of ‘South Market scales.” The scales erected 
at the southeast corner of Fulton and Carroll streets are hereby established 
and continued under the name of “Soulard Market scales.” The scales 
erected at or near the corner of Clark avenue and Tayon avenue [Highteenth | 
by authority of ordinance number ten thousand three hundred and eighty, 
are hereby established and continued as public scaies under the name of 
“Adreon scales.” The scales erected at the northeast corner of the insane 
asylum grounds by authority of ordinance number ten thousand three hun- 
dred and ninety-eight are hereby established and continued as public scales 
under the name of ‘Thorp scales.” (M. C., sec. 2409.) 


Sec. 2553. City hall seale established on Washington 
square.—A city scale is hereby established to be located in or near the 
new city hall on Washington square; said scale to be used for the weighing 
of all supplies furnished for use in ‘tthe new city hel, old city hall, four 
courts and jail, and courthouse. Said scale shall be erected and maintained 
as an appurtenance of the new city hall. (Ord. 20831, sec. 1.) 


See. 2554. Chief engineer of new city hall to supervise, 
ete. —In addition to his present duty it shall be the duty of the chief en- 
gineer of the new city hall to supervise and control the weighing on said 
city scale of all supplies furnished for use in the buildings named in the 
foregoing section, and to issue certificates of the correct weight of all arti- 
cles of supplies so weighed, and no other certificates of w eight for such 
supplies shall be recognized when payment for the articles is “made. Said 
chief engineer shall ‘not collect any fees for weighing, nor shall he or his 
assistants “receive any compensation for their services in weighing and 
certifving other than the regular salaries of their positions. (Ord. 20851, 
sec. 2.) 


See. 2555. ‘*Weighers of scales’’— term—bond—salaries. 
—There shall be appointed by the mayor, with the consent and approval 
of the council, a person to be denominated “weigher of scales” for each of 
the scales designated in section 2552, excepting Soulard Market and South 
Market scales, who shall hold their office for four years and until their suc- 
cessors are appointed and qualified, and who shall receive compensation as 
follows, to-wit: Weighers of North Levee, South Levee and Bridge scales, 
one thousand dollars per annum; weighers of all other scales mentioned in 
section 2552, except the weighers of Soulard Market, South Market and 
Thorp scales, nine hundred doilars each per annum; weigher of«Thorp 
scales, three hundred and sixty dollars per annum, payable monthly, and his 
board and lodging in the insane asylum; all of said salaries shall be in full 
compensation for all services, and shall be payable monthly. AIl of said 
weighers shall be required to give a good and sufficient bond to the city, 
with two or more securities, to be owners of unincumbered real estate, lo- 
cated in the city, in the sum of one thousand dollars, except the weighers 
of Adreon and Thorp scales, who shall give a bond in:the sum of five thou- 
sand dollars and two hundred dollars respectively, said bonds to be condi- 
tioned as the bonds of the other city officers, and to be approved by the 
mayor and council. (Ord. 21474, amending M. C., sec. 2410.) 


1120 REVISED CODK OR GENERAL ORDINANCES. [CHAP. 40. 

Sec. 2556. Comptroller to furnish tickets.—The comptroller 
shall furnish the weighers at all the scales belonging to the city with printed 
tickets, and charge the same as cash to each weigher, to be accounted for at 
his monthly settlements. (M. C., sec. 2411.) 


See. 2557. Regulations as to weighing—scales designated. 
—It shall not be lawful for any person to do any weighing for which a 
fee shall be charged, except upon the following scales: First, upon the 
public scales for which a weigher has been appointed by the mayor; second, 
upon scales owned by private parties, which have been authorized by acts 
of the legislature, and the owners of which have complied with the pro- 
visions of such act or acts; third, upon all private scales, the weighers of 
which shall have been approved by the mayor and have taken an oath be- 
fore the register and filed a bond as required as weigher at the public scales. 
(M. C., sec. 2412.) 


see-Coal*Cowvs: St. homise Sv Mo. 1oGy Citekobe 


See. 2558. Weighers at private scales—blanks to be pro- 
vided—regulations—penalty.—The comptroller shall furnish the col- 
lector weighers’ certificates in blank, signed by the register, and counter- 
signed by the comptrolier, for the use of the weighers of all private scales, 
who have been or may be appointed with the approval of the mayor, and who 
shall file a bond in the sum of one thousand dollars, with two or more se- 
curities, to be owners of unencumbered real estate, located in the city, to be 
approved by the mayor. The certificates so issued and furnished private 
scales authorized by the ordinances of this city or acts of the Legislature, 
to do public weighing, shall be printed on green paper. for all weights and 
loads of stone or bituminous coal, anthracite or semi-anthracite coal and 
coke; and on red paper for all weights and loads of all other articles 
weighed; and on the back of every red and green ticket shall be printed the 
words: ‘The weigher of this scale has filed a bond with the register,” and 
the further words: ‘“‘Dealers in coal are not authorized to charge a fee for 
weighing their loads of twenty-five bushels or less on’ their own scales ex- 
cept hard or anthracite coal or coke;” the collector shall furnish to weighers 
at private scales certificates at the rate of five dollars per hundred for the 
red certificates and three dollars per hundred for the green certificates, and 
no certificates except those furnished by the collector, shall be issued by 
any person weighing at such private scales. Hach weigher shall furnish 
a separate certificate for each and every load weighed, and only on the 
kind of blank provided by this section, and no weigher shall seil or dispose 
of any blank certificate or certificates received from the collector, except 
for loads actually weighed upon his scales; any violation of the provisions 
of this section shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof the offender shall be fined as provided in section 2583. ‘The 
books kept by said weigher shall, at all times, be open to the inspection of 
the collector, the inspector of weights and measures, and such other officers 
as may be designated by the collector for that purpose. (Ord. 21449, amend- 
ing M. C., sec. 2413.) 

The provisions of this section (before amendment), upheld in Coal Co. vs. 
St. Louis, 130 Mo. 3238, 326 e¢ seg. See also St. Charles vs. Elsner, 155 Mo. 671. 


See. 2559. Assistant weighers—their compensation.—The 
weighers of North and South levee and Bridge scales are hereby authorized 
and empowered to employ an assistant each, which appointments shall be 
approved by the mayor; said assistants shall receive in full compensation 
for their services the sum of six hundred dollars per annum, payable 
monthly. (M. C., sec. 2114.) 


ART. III.] OF PUBLIC SCALES. L191 


See. 2560. Weighers responsible for acts of assistants. 
The weighers of scales shall be responsible for all acts of said assistants, 
and said assistants shall, in all respects, be liable and subject to the charter 
and ordinances relating to the city officers. (M. C., sec. 2415.) 


See. 2561. Market masters—to act as weighers.—The mar- 
ket masters of Soulard and South markets are hereby instructed and re- 
quired to perform the duties of weighers on the Soulard and South market 
seales respectively, without any additional compensation than the salary 
of market masters of the said markets. (M. C., sec. 2416.) 


Sec. 2562. Bonds of weighers—what are breaches of—also 
misdemeanor—penalty.—In addition to the general fulfillment of 
the condition of a bond, as required from city officers, the following, among 
others, shall be deemed a breach or breaches of the official bond of a weigher 
of public or private scales: 


First—If the scales and weights under the control of any such weigher 
shall be at any time so much out of order as to weigh forty or more pounds, 
more or iess, than the standard weight, and he shall continue to weigh 
therewith and issue and charge for certificates of such weighing without 
giving notice to the inspector of weights and measures of the inaccuracy of 
his scales and weights and ceasing all weighing thereon until the same be 
tested and adjusted by the said inspector, at whose office notice in writing 
of the error of such scales and weights shall be left within forty-eight hours 
after the error in the same is found to exist. 


Second—If any such weigher shall issue any certificate of weighing 
which shall show the gross or net weight of the load or article weighed to 
be forty or more pounds more than the true gross or net weight of the arti- 
cle weighed, or the tare to be forty or more pounds less than the true tare, 
or if any weigher shall deduct as tare the number of pounds marked on any 
wagon or vehicle without himself or some other lawful weigher having first 
weighed such wagon or other vehicle and marked or stamped on it the true 
weight thereof, and the number of the wagon, together with his name and 
the initials of the scales of which he is the weigher, and the date of weigh- 
ing thereof, or if any such weigher shall mark or stamp, as last aforesaid, 
any wagon or other vehicle for a weight which is ten or more pounds less 
than the standard true weight thereof at the time of such marking or stamp- 
ing, with intent to defraud, or if any such weigher shall fail to demand of 
and receive from every person presenting any hay, grain or cereal, stone or 
bituminous coal, anthracite or semi-anthracite coal or coke, or anything 
to be weighed, the sum prescribed by ordinance to be paid therefor, no more 
no less, before delivering the certificate of the weight thereof; or if any such 
weigher shall fail to keep a book or books and enter therein daily, item by 
item, in legible handwriting, every load of hay, grain or cereal, stone or bi- 
tuminous coal, anthracite or semi-anthracite coal or coke, and every other 
load or thing weighed, designating its kind, the gross tare and net weight 
thereof, the owner and driver thereof, and the true amount of fees charged 
and received therefor; or if he shall fail or refuse at any time to permit all 
the books or papers belonging to his office to be examined by the collector, 
or any person lawfully appointed for such purpose, and to furnish them 
copies or extracts of any part thereof; or if any weigher of hay, grain or 
cereal, stone or bituminous coal, anthracite or semi-anthracite coal or coke, 
appointed by the mayor under the provisions of this article, or any of his 
deputies shall, directly or indirectly, in person or by another, be engaged in 
the buying or selling of hay, grain or cereal, stone or bituminous coal, an- 


1122 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40. 


thracite or semi-anthracite coal or coke, or other articles to be weighed, ex- 
cept so much as may be necessary for his private family use, in every such 
case, among others, a breach of such bond shall be deemed in law to be made, 
and any weigher of any public or private scale who shall commit any of the 
aforesaid acts constituting a breach of his official bond shall, in addition 
to forfeiting his bond, be guilty of a misdemeanor, and upon complaint be- 
ing made in writing before either of the police justices of the City of St. 
Louis, it shall be the duty of the police justice to hear and determine the 
same as other misdemeanors according to ordinance, and in case of convic- 
tion thereof the offending party shall be fined as provided in section 2583. 
(Ord. 21449, amending M. C., sec. 2417.) 


Sec. 2563. Weigher—when to forfeit position as.—Any 

weigher who shall be twice convicted before either of the police justices of 
the City of St. Louis of a breach of his bond or other violation or failure to 
comply with this article, shall, by virtue of such conviction, cease to be a 
weigher from and after the day on which said conviction is had, and the 
clerk of the court shall at once notify the mavor of the fact. (M. C., sec. 
2418.) 
See. 2564. Weighing—to be done on city scales—penalty.— 
Any person who brings or sends into the City of St. Louis for sale or for 
delivery, any hay, grain or cereal, stone or bituminous coal, anthracite or 
semi-anthracite coal or coke, except bituminous coal in quantities less than 
twenty-five bushels, and hay, grain or cereal in quantities less than twenty- 
five hundredweight, in any wagon or other vehicle, and any person who 
actually sells, or offers for sale, any hay, grain or cereal, stone or bituminous 
coal, anthracite or semi-anthracite coal or coke, except bituminous coal in 
quantities less than twenty-five bushels, and hay, grain or cereal in quanti- 
ties less than twenty-five hundredweight, or delivers any such articles in any 
wagon or vehicle without first having had the same, and’ the wagon or other 
vehicle containing the same, duly and legally weighed at some city scale or 
by some legally bonded private weigher within the city limits on the day on 
which the same is sold or offered for sale, or delivered, or on the day previ- 
ous thereto, and without first having procured a certificate of the weight 
thereof from some city weigher or legally bonded private weigher and paid 
for the same, according to the provisions of the ordinances of this city, which 
certificate shall contain a gross, tare and net weight of the articles con- 
tained in said wagon or other vehicle, as also the true fee paid the weigher 
thereof and the weigher’s name written thereon, shall be deemed guilty of a 
iInisdemeanor, and, upon conviction thereof, shail be fined as provided in sec- 
tion 25838. (Ord. 21449, amending M. C., sec. 2419:) 


‘ 
Such provisions are valid under Charter provisions such as St. Louis has: St. 
Charles vs. Hisner, 155 Mo. 671; Coal Co. vs: St. Louis, 130 Mo. 3265 See Charter 
Art, Jil) sec 26svelauses 


Sec. 2565. Wagons without weight mark—penalty.—<Any 
person who brings or sends into the City of St. Louis, and any person who 
sells or offers for sale or delivers, any hay, grain or cereal, stone or bitu- 
minous coal, anthracite or semi-anthracite coal or coke, except bituminous 
coal in quantities less than twenty-five bushels, and hay, grain or cereal in 
quantities less than twenty-five hundredweight, in any wagon or other ve- 
hicle which has not marked or stamped thereon in plain and legible charac- 
ters the weight thereof by a weigher legally authorized thereto in the man- 
ner mentioned in the second subdivision. of section 2562, shall be deemed 
guilty of a misdemeanor, and upon conviction fined as provided in section 


~ 


2583. (Ord. 21449, amending M. C., sec. 2420.) 


AR Lifts] OF PUBLIC SCALBS. 1123 


Sec. 2566. Wagons—how often to be weighed.—It shall be 
the duty of all owners of wagons and other vehicles that may be employed 
in bringing stone coal to this city, to have their wagons or other vehicles 
weighed at least once every week, and no public weigher shall issue his cer- 
tificate for any wagon or other vehicle upon which the date of its being 
weighed is longer preceding than one week. It shall be the duty of all 
owners of wagons or vehicles engaged in hauling grain, hay, iron or any 
other articles sold by weight, except stone coal to have their respective 
empty wagons or vehicles weighed every day when in use, and it is hereby 
made the duty of every weigher doing public weighing, to weigh such empty 
wagon or vehicle as prescribed in section 2562, and to issue a certificate of 
the weight thereof free of charge, and no weigher doing public weighing 
shall weigh a loaded wagon or vehicle until the certificate of the weight of 
the empty wagon or vehicle is properly produced. It shall also be the duty 
of any owner of any wagon or other vehicle to have the same reweighed 
immediately after said wagon or other vehicle has been repaired; and if any 
owner or driver of any wagon or other vehicle shall alter or change any part 
of said wagon or other vehicle after the same shall have been weighed, the 
said wagon or other vehicle shail be immediately reweighed before being 
used; provided, that so much of this section as requires the weighing of 
certain wagons or vehicles daily, shall not apply to farmers’ wagons hauling 
produce into the city, but such wagons shall be weighed after the disposal 
or discharge of each and every load. (M. C., sec. 2421.) 


See. 2567. Certificates varying from true weight—false cer- 
tificates—right to have wagons hauling articles weighed—penal- 
ties for violations—sale of wagon, etc.—proceedings, ete.— 
It shali be the duty of any police officer of the City of St. Louis, as well as 
the right of any other citizen, to demand of the driver of any wagon or other 
vehicle in which any hay, grain or cereal, stone or bituminous coal, anthra- 
cite or semi-anthracite coal, charcoal or coke, excepting bituminous coal 
in quantities less than twenty-five bushels, and hay, grain or cereal in quan- 
tities less than twenty-five hundredweight, is being hauled for delivery, to 
produce his certificate of weighing, and if he deems it necessary, to order 
him to drive his wagon or other vehicle, with its contents, to any one of the 
city scales, or to any private scale having a legally bonded weigher, and 
have the same weighed thereon; and if the gross or net weight be found less 
by seventy-five or more pounds, or tare greater by twenty-five or more 
pounds than the weigher’s certificate in the hands of the driver calls for, to 
arrest or have arrested, as the case may be, such driver, and also his wagon 
or other vehicle, and the load therein, and enter a written complaint against 
such driver before either of the police justices of this city for a violation of 
this article, and such driver shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined in the sum of not more than one hun- 
dred dollars and costs; and if the same be not paid forthwith, the said 
wagon or other vehicle, with the contents, shall be sold by the marshal 
within three days after the judgment is rendered by either of the police jus- 
tices, and the fine, when collected, shall be paid one-half to the complainant 
and one-half to the city; provided that the inspector of weights and meas- 
ures shall, upon arrest of any such driver, inspect and test the scales whereat 
the certificate was granted, and also those whereat the second weighing was 
done, and both are by him found accurate; for which duty the inspector of 
weights and measures shall, upon conviction of the driver, be entitled to a 
fee of five dollars, to be paid by the complainant and the city equally, upon 
the receipt by them of the amount of such fine, and upon conviction of the 
weigher, to a fee of five dollars, to be paid by the city on receipt by it of the 
amount of such fine, and provided also, in case of refusal by such driver to 


1124 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40. 


produce his certificate, or upon the demand of the police officer or other 
citizen to drive his wagon or other vehicle, with its contents, to one of the 
city scales or private scales having a legally bonded weigher, for the purpose 
of being reweighed as aforesaid, such driver shall be deemed guilty of a mis- 
demeanor, and his wagon or the vehicle, and its contents, shall be arrested, 
and he shall be complained of and convicted as if his wagon or other vehicle, 
were found to vary in weight from his certificate as aforesaid; and pro- 
vided, also, that if the sale of the wagon or other vehicle, and its contents, 
shall not produce the amount of fine and costs, such driver shall, for the 
deficit, be liable in the same manner as other defendants who have been con- 
victed and fined in the police court. (Ord. 22107, amending ord. 21449, sec. 
2422.) 


Sec. 2568. Fees for weighing—wrongful charge—penalty. 
—Dealers in coal shall not be permitted to charge or receive from the pur- 
chaser of any load of coal containing twenty-five bushels or less, excepting 
hard or anthracite coal, a fee for weighing such load on their scales. For 
weighing each load of coal containing over twenty-five bushels, of which 
they are the owners, and weighed on their own scales, they are authorized 
to charge and receive a fee of twenty cents, or any less sum they may see 
fit to charge. Dealers in other articles are also authorized to charge and 
receive a like fee for weighing each load of their own articles upon their 
own scales. When loads of coal or other articles for parties other than the 
owner of the scales, the weigher of such scales shall be required to charge 
and receive a fee of twenty cents for each and every load weighed; and for 
each animal weighed separately, five cents. Any weigher in the City of St. 
Louis, who shali charge for weighing, where no fee is permitted to be 
charged, or shall, under any circumstances, charge more than the fee of 
twenty cents, or when weighing for parties other than the owner of the 
scale, charge less than the fee of twenty cents for weighing each load, as 
fixed by this section, shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined as provided in section 2583; and no weigher 
shall deliver his certificate of weighing until the fee, according to the tariff, 
is paid; provided, that all weighers at public scales shall charge a uniform 
fee of twenty cents, neither more nor less, for each and every load weighed, 
and five cents for every animal weighed. (M. C., sec. 2423.) 


Sec. 2569. Statements required of private owners—penalty. 
—Every person, whosoever, interested as stockholder or owner in whole or 
in part in any private scale, licensed to do public weighing in the City of 
St. Louis, shall file with the register a written statement, verified by his 
affidavit, of his quantity or amount of stock or ownership in such scales, 
whether he deals in the buying or selling of hay or stone coal, or is inter- 
ested in any way, directly or indirectly, in such buying or selling except for 
his own private family use, and in case of failure or refusal to comply with 
the provisions of this section, the owners of such scales shall be deemed to 
have forfeited the authority granted them, and the powers under which said 
scales are authorized to do public weighing shall be absolutely revoked and 
all weighing done thereat shall be illegal, and every person issuing certifi- 
cates of weighing, or offering hay or stone coal for sale, with certificates from 
a forfeited scales, or the weigher thereof, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, be fined as provided in section 2583. 
(M. C., sec. 2424.) 


See. 2570. Duties of weighers.—lIt shall be the duty of every 
weigher of the city scales appointed under this article: 


First—To attend to the office of the public scales for which he is ap- 
pointed, from sunrise to sunset of every day, Sundays and legal holidays 


ART. III.] OF PUBLIC SCALES. 1125 


excepted, and to weigh every load of hay, grain or cereal, stone or bitumin- 
ous coal, anthracite or semi-anthracite coal or coke, or other thing which 
may be presented to be weighed, and to give the person presenting the same 
a certificate of the gross tare and net weight thereof. 


Second—To enter in suitable books, in tabular form, every load of hay, 
grain or cereal, stone or bituminous coal, anthracite or semi-anthracite coal 
or coke, or other thing weighed, designating the kind and weight thereof, 
and before whom weighed. 


Third—To receive and receipt to the comptroller for all blank certifi- 
cates which he may use or obtain. 


Fourth—To settle with the comptroller on the last Saturday in each 
month for all blank certificates, and pay to the treasurer on Saturday of 
each week all moneys received by him as weigher, taking triplicate receipts 
therefor, one of which shall be filed with the auditor, and one with the 
comptroller. 


Fifth—To perform such duties in the measurement of wood, and other- 
wise, as may be required of him by ordinance. (Ord. 21449, amending M. 
C., sec. 2425.) 


See. 2571. Weight of bushel— 
weigher shall compute eighty pounds avoirdupois to be a bushel. (M. C., 
sec. 2426.) 


See. 2572. Dealing in unweighed coal and other articles pro- 
hibited. —No person shall buy or sell and deliver in any wagon or vehicle, 
and no person shall deliver in any wagon or other vehicle any hay, grain or 
cereal, stone or bituminous coal, anthracite or semi-anthracite coal or coke, 
except bituminous coal in quantities less than twenty-five bushels, and hay, 
grain and cereal in quantities less than twenty-five hundredweight, until the 
same has been weighed by one of the legally authorized weighers, and a cer- 
tificate of the weight thereof given as required in the provisions of this arti- 
cle. Any violation of the provisions of this section shall be deemed to be a 
misdemeanor, and upon conviction thereof the offender shall be fined 
provided in section 2588. (Ord. 21449, amending M. C., sec. 2427.) 

This section (prior to present amendment) upheld in Coal Co. vs. St. Louis, 
130 Mo. 328, 327, et seq. 


See. 2573. Frauds—punishment of.—Any person who shall have 
had any hay, grain or cereal, stone or bituminous coal, anthracite or semi- 
anthracite coal or coke, or any other article weighed upon any public scale 
or private scale having a leg ally bended weigher in the City of St. Louis, 
and received a certificate of the weight thereof, who shall sell a part thereof, 
and afterwards sell or offer to sell the remainder as for the quantity called 
for in his certificate; and any driver or teamster or hauler who shall sell or 
dispose of a part of any load of hay, grain or cereal, stone or bituminous 
coal, anthracite or semi-anthracite coal or coke, or any other article which 
has been legally weighed and for which he has received a certificate of the 
weight, and shall afterwards offer for sale or deliver the remainder as ‘for the 
quantity called for in said certificate of weight so received by him, and any 
person who shall change, alter or in any manner falsify the certificate of the 
weigher, or shall perpetrate any fraud on the weigher or purchaser, or shall 
suffer any of these things to be done, shall be deemed guilty of a misde- 
meanor and upon conviction thereof shall be fined not less than fifty dol- 
lars nor more than five hundred dollars. (Ord. 21449, amending M. C., 
sec. 2428.) 


1126 REVISED CODE OR GENERAL ORDINANCES (CHAP. 40. 


Sec. 2574. False certificate—penalty for sale under.—I{ any 
retailer or other person sell, or offer for sale, or deliver, a load of hay, grain 
or cereal, stone or bituminous coal, anthracite or semi-anthracite coal or 
coke in the City of St. Louis under pretense of a weigher’s certificate ob- 
tained under and by virtue of the weight of another and different load from 
the one he sells, or offers for sale, or delivers, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof be fined not less than one hun- 
dred dollars, Aa more than five hundred dollars. (Ord. 21449, amend. M. 
CG . see. 9429, 


See. 2575. Liquor at seales pr Any weigher who 
keeps spirituous or other liquor of any kind in his office for the purpose of 
treating the drivers of hay or coal teams during the hours of weighing, or 
who treats them or any of them, directly or indirectly, for the purpose of 
procuring weighing to be done at his scales, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be fined as provided in 
section 2583. (M. C., sec. 2430.) 


See. 2576. Dealing in articles not weighed at authorized scales 
prohibite d—misdemeanor—penalty.—Any person offering for 
sale or delivery or delivering, in the City of St. Louis, any load of hay, grain 
or cereal, stone or bituminous coal, anthracite or semi-anthracite coal or 
coke, except bituminous coal in quantities less than twenty-five bushels, | 
and hay, grain or cereal in quantities less than twenty-five hundredweight, 
or other article, in any wagon or other vehicle, which has been weighed at 
scales not authorized to issue certificates of weight by ordinances of the 
City of St. Louis, or shall sell, or offer to sell, or deliver, any load of hay, 
grain or cereal, stone or bituminous coal, anthracite or semi-anthracite coal 
or coke, except bituminous coal in quantities less than twenty-five bushels, 
and hay, grain or cereal in quantities less than twenty-five hundredweight, 
or other article, under and by authority of a certificate of weight issued. by 
any weigher of such unauthorized or illegal scales, shall be deemed euilty 
ofa misdemeanor, and shall be fined not less than ten dollars nor more than 
one hundred dollars for every first offense, and for every subsequent offense 
the sum of not less than one hundred dollars, nor more than five hundred 
dollars. (Ord. 21449, amending M. C., see. 2451.) 


See. 2577. Acting as weigher at unauthorized. scales pro- 
hibite d—penalty.—Any person acting as weigher and issuing certifi- 
cates of weighing at scales not authorized by ordinances, shall be deemed 
guilty of a misdemeanor and shall be fined as provided in section 2583. (M. 


sde) 


©., sec. 2432.) 


See 2578. Penalty for interfering with scales or weighers 
—misdemeanor. —Any person who interferes with a public seale or 
the weigher thereof while in the discharge of his duty by demanding or ex- 
acting more weight of and for the artic le weighed than that what [which] 
he declares it to “be, or by threatening or menancing him, or by using harsh 
or abusive language to him while in the disc harge of his duty, or who shall 
cause any noise in or about the office of such scale, or who shall interfere 
with any person or persons who are about to have weighing done or who 
have already done weighing at any public scales, by menacing or otherwise 
abusing them therefor, or by using unseemly, profane, obscene or offensive 
language towards them shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined as provided in sec. 2583. (M. C., sec. 2435.) 


ART. II.] OF PUBLIC SCALES. 1127 


Sec. 2579. Tests of scales to be made.—Each weigher — shall 
cause the accuracy of the scales under his charge to be tested by the in- 
spector of weights and measures at least twice in each year, and at all 
times such tests shall be made by the inspector of weights and measures ; 
but no repairs involving any expenditure of money shall be made without 
the approval of the comptroller. (M. C., sec. 2434.) 


Sec. 2580. Weigher and surety prohibited from dealing in ar- 
ticles weighable on scales.—No person acting as weigher on any 
scale authorized to do public weighing, or any of his bondsmen, shall, di- 
rectly or indirectly, be interested or engaged in the buying or selling of 
hay, grain or cereal, stone or bituminous coal, anthracite or semi-anthracite 
coal or coke, or other articles weighed upon such scales of which such per- 
son is weigher. Any person violating this section shall be deemed guilty 
of a misdemeanor, and fined as provided in sec. 2588. (Ord. 21449, amend- 
ing M. C., sec. 2435.) 


See. 2581. Packages on wagons—how arranged and 
counted—penalty for violation.—Drivers of teams hauling hay, 
corn, oats and other articles in packages te be weighed are hereby required 
to arrange such packages on their respective wagons in such manner that 
they can be conveniently counted and the number thereof ascertained. It 
shall be the duty of every weigher to ascertain by actual count the number 
of packages on such wagons before issuing his certificate of weight and 
pumber thereof, and if, from the arrangement of such packages, he may be 
unable to correctly count and ascertain their number, he shall refuse to 
state upon the ticket the number of packages said to be contained in such 
load. Any weigher who fails to comply with the provisions of this section 
shall be deemed guilty of a misdemeanor, and on conviction thereof, shall 
be fined as provided in section 2583. (M. C., sec. 2436.) 


See. 2582. Duty of collector.—It shall be the duty of the collector 
to see that the provisions of this article applicable to private scales are 
complied with, and to prosecute all parties violating or failing to comply 
with the same. (M. C., sec. 2437.) 


See. 2583. Penalty for violation of any provision of this ar- 
ticle—proceedings on convictions.—Any person violating or failing 
to comply with any of the provisions of this article shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, shall be fined (where no 
cther fine is fixed by this article) not less than ten dollars nor more than 
tive hundred dollars for each and every offense, to be collected as provided 
in other violations of the city ordinances. In addition to above penalty it is 
hereby further ordained, that whenever any owner or weigher of private 
scales shall be convicted of a second violation or failure to comply with the 
provisions of this article, the right to do weighing upon such scales shall be 
deemed to be forfeited, and the scales shall be abolished and removed from 
the street; and the police justice before whom the case may be tried shall 
so decree, and the clerk of said police court shall at once notify the street 
commissioner of such decree, and said street commissioner shall immediately 
proceed to remove or cause to be removed such scales from the public streets. 
{M. C., sec. 2439.) 


1128 REVISED CODE OR GENERAL ORDINANCES. {[CHAP. 40.. 


ARTICLE IV. 
OF CITY WEIGHERS. 


Sec. 2584. City weighers by portable scales to be licensed 
—amount of.—The license collector is hereby authorized and directed 
to issue a license to exercise the office of city weigher, by portable scales, 
for the term of one year, to any person who shall apply for the same; pro- 
vided, such person shall pay the sum of twenty-five dollars for such license. 
(M. C., sec. 2440.) 


See. 2585. Location of office to be registered—duties— 
bond.—Each weigher shall keep an office, the location of which shall be 
registered by him in the license collector’s office, and shall supply himself 
with suitable scales, tested and approved by the inspector of weights and 
measures, and shall, before entering on the duties of his office, give bond to 
the city in the penal sum of two thousand dollars, with good and sufficient 
security, to be approved by the license collector, conditioned for the faithful 
performance of the duties of the office of weigher and to indemnify all per- 
sons against any fraud, collusion or error on his part, and he shall, when 
requested, weigh any article of commerce and deliver to the applicant a cer- 
tificate which shall state the marks and number of the packages weighed, 
the number of such packages constituting each draft, and the weight of 
such draft separately, and also the total weight of each lot of merchandise, 
which is distinguished by a separate mark, and shall keep a register in a 
suitable book of all articles weighed. (M. C., sec. 2441.) 


Sec. 2586. Penalty for weighing without license.—Any 
person who shall exercise the office of city weigher on portable scales, with- 
out having taken out a license, as herein provided, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, be fined not less than fifty 
nor more than one hundred dollars for each and every offense, nor shall any 
weigher employ a deputy. (M. C., sec. 2442.) 


Sec. 2587. License not to be granted to certain per- 
sons.—A license as weigher shall not be granted to any person or to any 
employe of any person who, at the time of applying for the same, is directly 
or indirectly engaged in buying, selling or trading in any article that he 
may be called upon to weigh, and any person who shall, after having taken 
out a license, become so engaged either as principal or employe, shall thereby 
forfeit the office and privileges granted by this article without claim on the 
city for the license money paid. (M. C., sec. 2443.) 


See. 2588. Scales to be tested.—The scales of the city weigher 
shall be tested by the inspector of weights and measures at least once in 
every six months, and oftener, if such scales shall be supposed to be in- 
correct. (M. C., sec. 2444.) 


Sec. 2589. Fees of city weighers.—The city weighers shall be 
entitled to charge and receive as compensation for their services, namely: 
For sacks of corn, wheat, oats, rye, seed, potatoes and onions, one cent per 
hundred pounds; for bags of dried fruit and bran, one and one-half cents 
per hundred pounds; for coffee, two cents per bag; for rags, two and one- 
half cents per hundred pounds; for baled hay, tow and hemp, one and one- 
half cents per hundred pounds; sugar, eighty-hundredths of one cent per 
hundred pounds; each hogshead or package of tobacco, fifteen cents; meat, 


ART. V.] OF LUMBER MEASURERS. 1129 


ten cents per cask; meat in bulk, one and one-half cents per hundred 
pounds; lard, grease, tallow and oil, three cents per tierce or package; bar- 
rels, three cents each; kegs of lard, one cent each; bale of cotton, eight 
cents; pig iron, one cent per hundred pounds; pig lead, eighty-hundredths 
of one cent per hundred pounds; bales of bags of wool over one hundred 
pounds, eight cents; under a hundred pounds, four cents; coil rope, one and 
one-half cents each; tierces of rice, five cents each for assorted grain, fifty 
cents per hundred sacks. (M. C., sec. 2445.) 


Sec. 2590. Register open to inspection.—The register required 
to be kept by the city weighers shall, at all times, be open to the inspection 
of any person interested in weighing done by them. (M. C., sec. 2446.) 


ARTICLE V. 
OF LUMBER MEASURERS.* 


Sec. 2591. Mayor to appoint one chief and deputies.— 
Upon the recommendation of the St. Louis Hardwood and Lumber Manu- 
facturers’ Exchange, a corporation existing under the laws of Missouri, the 
mayor of the City of St. Louis shall appoint, for said exchange, one chief 
inspector and measurer and such deputy inspectors and measurers as may 
be necessary to perform the duties of inspecting and measuring any and 
all lumber which shall be placed under their supervision; and upon the 
recommendation of the Lumbermen’s Exchange of St. Louis, a corporation 
existing under the laws of Missouri, the mayor of the City of St. Louis 
shall also appoint, for said exchange, one chief inspector and measurer and 
such deputy inspectors and measurers as may be necessary for its purpose. 
All of said appointments must, however, be confirmed by the council, and 
all vacancies shall be filled in like manner. (M. C., sec. 2447.) 


Sec. 2592. Licenses and bonds.—The chief inspector and meas- 
urer shall pay a license fee of twenty-five dollars per year, and give a bond 
in the sum of three thousand dollars, and the deputy inspectors and meas- 
urers shall pay a license fee of fifteen dollars per year, and give a bond in 
the sum of two thousand dollars (such bonds to be payable to the City 
of St. Louis, for the use of any person injured) and conditioned for the 
faithful performance of the duties of their respective offices, and to indem- 
nify all persons against any fraud, collusion or error on their part. (M. C., 
sec. 2448.) 

Sec 2593. Lumber to be inspected and measured—rules, 
—Said inspectors and measurers and their deputies shall be required to in. 
spect and measure all lumber placed under their supervision, according to 
the rules of their respective exchanges, now in force or which may here- 
after be adopted by them, such rules to conform to the provisions of this 
article. (M. C., sec. 2449.) 

Sec. 2594. When license may be revoked.—Whenever it be- 
comes necessary to suspend from duty or to discharge either chief inspec- 
tor and measurer or his deputies of either of said exchanges, for dereliction 
of duty or transgressing any of the rules of such exchange, such suspension 
or discharge shall be duly certified by such exchange to the mayor of the 
City of St. Louis, and the license of said inspector and measurer, or deputy 


*Municipal authority for lumber inspection and measurement: Charter, Art. 
III, sec. 26, clause 7; wharfage on lumber, 78., clause 4. 


1130 REVISED CODE OR GENERAL ORDINANCES. [CHAP. 40. 


inspectors and measurers, shall thereupon be revoked by the mayor, and 
any attempt to inspect or measure lumber as an official inspector and meas- 
urer, or deputy, for such exchange, on the part of any person whose license 
shall have been revoked, shall be a misdemeanor. The chief inspectors and 
measurers and deputy inspectors and measurers shall be subject to removal 
at any time by the mayor. (M. C., sec. 2450.) 


Sec. 2595. Articles subject to inspection—where landed. 
Al lumber or other articles brought to this city by water and landed on the 
wharf or landing, and which are placed under the supervision of any li- 
censed lumber inspector and measurer, shall be placed where and in such 
manner as the harbor and wharf commissioner or his deputy may direct. 
(M.- C.. sec. 2451.) 


Sec. 2596. Certificate of measurement—what to state.—All 
deputy lumber inspectors and measurers shall, upon measuring any lum- 
ber, give a certificate stating the quality and quantity thereof to the owner, 
countersigned by the chief inspector and measurer, and as prescribed by 
ordinance. (M. C., sec. 2452.) 


Sec. 2597. Inspectors, ete., not to buy or sell.—It shall not 
be lawful for any chief inspector and measurer or any deputy inspector and 
imeasurer directly or indirectly, personally or by another, to be engaged in 
the buying or selling of any of the articles herein piaced under their super- 
vision. (M. C., sec. 2453.) 


Sec. 2598. Fees.—tThe chief inspectors and measurers and deputy 
inspectors and measurer shall be entitled to collect for their own use for 
inspecting and measuring lumber such fees as may be established by the 
by-laws or rules of the exchange for which they are appointed. Such fees 
shall not at any time exceed the amount limited by ordinance. (M. C., sec. 
2454.) E 


See. 2599. Penalty for acting without license, or violat- 
ing this article.—No person shall perform the duties of the office of 
such chief inspector and measurer, or deputy inspector and measurer, un- 
less he shall have first been appointed and obtained a license for that pur- 
pose, as provided in the preceding sections, and any person who shall per- 
form the duties of any such office without such license, or who shall violate 
any of the provisions of this article, shall be deemed guilty of a misde- 
meanor and shall, upon conviction thereof, be fined not less than twenty-five 
nor more than one hundred dollars. Each and every act of inspecting or 
measuring lumber shall constitute a separate offense. (M. C., sec. 2455.) 


APPROVED MARCH19, 1907. 


INDEX TO REVISED CODE FOLLOWS 
APPENDIX. 


Peoei Ll 


758 1d Sd Sd fe ed eS 


TO REVISED CODE. 


GENERAL ORDINANCES ENACTED AFTER THE SUB- 
MISSION OF THE REVISED CODE TO THE 
MUNICIPAL ASSEMBLY, (IN SEPTEM- 

BER, 1906) UP TO THE CLOSE 
OF THE 1906-1907 SHS- 

SION THEREOF 
IN APRIL 
TELM: 


Loz APPENDIX TO REVISED CODE. 


CHAP. LARLY, ’ BUILDING CODR. 
CHAPTER |. 


BUILDINGS, DEPARTMENT. OF. 
ARTICLE IV. 
BUILDING CODE. 
(ORDINANCE 22778.) 


Building Code—Clerks—Salaries, Bonds, etc.—An ordinance to amend Ordi- 
nance Number 214638, entitled, “An ordinance amendatory of Section Twenty-eight 
of Article Four of the Municipal Code of St. Louis [R. C., sec. 31] in relation to the 
office of the Commissioner of Public Buildings,’’ approved April 7, 1904. 


Be it Ordained by the Municipal Assembly of the City of St. Lowis, as follows: 


Section 1. Ordinance Number 21468, entitled “‘An ordinance amendatory of 
Section Twenty-eight of Article Four of the Municipal Code of St. Louis, in rela- 
tion to the office of the Commissioner of Public Buildings,’’ approved April 7, 1904, 
is hereby amended by striking out Section One of said ordinance and inserting in 
lieu thereof a section having the same number and to read as follows: Section One. 
Section Twenty-eight of Article Four of the Municipal Code of St. Louis is hereby 
amended by striking out said section and inserting in lieu thereof another section 
bearing the same number, as follows: Section Twenty-eight. [R. C., see. 31.] Clerks 
—fSalaries and bonds. There shall be appointed by the Commissioner of Public 
Buildings, subject to the approval of the Mayor, a Chief Clerk and apn Assistant 
Clerk, and a Permit Clerk. The Chief Clerk shall receive a salary of One Hun- 
dred and Twenty-five Dollars per month, payable monthly. He shall give bond in 
the sum of Two Thousand Dollars, with good and sufficient security, to be approved 
by the Mayor and Council. The Assistant Clerk shall receive a salary of One 
Hundred Dollars per month, payable monthly, and shall give bond in the sum of 
One Thousand Dollars, with good and sufficient security, to be approved by the 
Mayor and Council. The Permit Clerk shall receive a salary of One Hundred and 
Twenty-five Dollars per month, payable monthly, and shall give bond in the sum of 
Two Thousand Dollars, with good and sufficient security, to be approved by the 
Mayor and Council. 

Approved February 12th, 1907. 


‘ (ORDINANCE 22749.) 

Additional Employes and Appointees.—An ordinance to amend Ordinance 
Number 20661, entitled ‘‘“An ordinance to amend Section Thirty-one of the Mu- 
nicipal Code (relating to Commissioner of Public Buildings) [R. C., sec. 34] by 
striking out said section and inserting a new section bearing the same number, by 
adding certain words thereto. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section One of Ordinance Number 20661 is hereby amended by in- 
serting in said section after the word “monthly” in line fifteen thereof and before 
the word ‘‘The’’ in line sixteen thereof the following: ‘‘The said Commissioner of 
Public Buildings shall also have authority to appoint with the approval of the 
Mayor one additional inspector, to be known as Inspector of Plastering, who shall 
receive a salary of one hundred dollars each month, payable monthly, and who shall 
be a practical plasterer and a qualified voter of the City of St. Louis for at least two 
years prior to his appointment.’’ So that said Section One of Ordinance Number 
20661 as amended, shall read as follows: PitnG 39 SeG. so 42") 


Sec. 1. Section Number Thirty-one of the Municipal Code is hereby amended 
by striking out said section and inserting in lieu thereof a new section to be known 
as Section Number Thirty-one. 


Sec. 31. In addition to the inspectors provided for in Section Thirty of this 
article, the Commissioner of Public Buildings may, when necessary for the proper 
performance of the work of the department, employ, with the approval of the 
Mayor, additional inspectors not exceeding six in number, and whose salaries shall 
be one hundred dollars each per month, payable monthly. The said Commissioner 
of Public Buildings shall also have authority to appoint, with the approval of the 
Mayor, one additional inspector, to be known as Inspector of Plastering, who shall 
receive a salary of one hundred dollars each month, payable monthly, and who shall 
be a practical plasterer and a qualified voter of the City of St. Louis for at least two 
years prior to his appointment. 

The said Commissioner of Public Buildings shall also have authority to ap- 
point, with the approval of the Mayor, one examiner of plans, whose salary shall 


APPENDIX TO REVISED CODE. 1133 


CHAP, I, ART, IV: BUILDING CODE. 


be one hundred and twenty-five dollars per month, payable monthly, and one rec- 
ord clerk, whose salary shall be one hundred dollars per month, payable monthly, 
and one stenographer, whose salary shall be seventy-five dollars per month, pay- 
able monthly. Said examiner of plans and inspectors of the second class shall be 
skilled mechanics, engineers or architects, having a thorough knowledge of building 
construction, and shall each give bond to the City of St. Louis for the faithful per- 
formance of his duties in the sum of two thousand dollars with two good and suf- 
ficient securities to be approved by the Mayor and Council. All of the employes 
herein authorized to be approved or employed shall be subject to dismissal by the 
Commissioner of Public Buildings at his pleasure. Seven horses and buggies shall 
be allowed to the office of the Commissioner of Public Buildings, to be acquired 
and maintained at the cost of the city; the purchase price of each outfit, consisting 


of horse, buggy and harness, shall not exceed the sum of three hundred and fifty 
dollars. 


Approved February 5th, 1907. 
(ORDINANCE 22748.) 


Building Code—Ceilings—Partitions, etc.—An ordinance to amend Ordinance 
Number 22022, entitled ‘“‘An ordinance to revise the building code of the City of 
St. Louis, being Article Four, Chapter One, of the Municipal Code, repealing Sec- 
tions 38 to 253, inclusive, of said article, and enacting in lieu thereof a new ordi- 
nance governing the construction and erection, reconstruction, alteration, repair, 
remodeling, changing, moving, removal and securing of buildings in said city, and 
providing for the safety of buildings when so erected; also regulating the use of and 
providing for the safety of the public in theaters, opera houses and other buildings 
devoted to public amusement,’ approved April 7, 1905, by adding thereto a new 
section to be known as Section Seventy-one A. [R.C., sec. 1lla.] 


Be it Ordained by the Municipal Assembly of the City of St. Louts, as follows: 


Section 1. Ordinance Number 22022, entitled “‘An ordinance to revise the 
Building Code of the City of St. Louis, being Article Four, Chapter One, of the 
Municipal Code, repealing Sections 38 to 253, inclusive, of said article, and enacting 
in lieu thereof a new ordinance governing the construction and erection, recon- 
struction, alteration, repair, remodeling, changing, moving, removal and securing 
of buildings when so erected; also regulating the use of and providing for the safety 
of the public in theaters, opera houses and other buildings devoted to public amuse- 


ment,” is hereby amended by inserting a new section to be known as_ Section 
71 A, as follows: 


Section 71.A. All ceilings and stud partitions of all dwellings, lodgings and 
tenement houses, and furred walls of the same, when plastered with lime mortar 
on wood lath, must have not less than one-half inch key, leaving space between ends 
of lath. 

For three-coat or scratch-coat work to have at least seven-eighths inch grounds 
or jambs, mortar to be mixed as follows: 

First of scratch coat to be mixed or tempered one part of thoroughly slaked 
lime to two and one-half parts of sand and one-half part of hair to be applied with 
sufficient pressure to insure a good rivet or clinch on upper side of lath, to be 
scratched thoroughly to make key to retain second coat. First coat to be thor- 
oughly dry before applying; second coat or brown mortar, for three coat or scratch 
work to be mixed with one part of slaked lime to four parts of sharp sand, with 
little hair. Lime mortar for brick or tile work to be mixed with one part lime 
to five sand. 

For two coats of laid off work. First coat to be mixed the same as in three 
coat work. Brown mortar or second ¢éoat to be mixed or tempered one part of 
lime to six parts of sand. Grounds should not be less than one-half inch. For 
white coating with lime mortar, lime should be well slaked and put through a fine 
screen or sieve. 


To mix thoroughly before applying use two parts of lime to one-half part of 
plaster of paris. 

For cornice work equal parts of lime and plaster of paris should be used. All 
lime should be slaked at least ten days before using. All plastering must be done 
straight and square to the floor line; also all plastering made flush and solid to all 
frames and to be straight and regular to all mouldings and casings. 

When patent plasters are used, such as Acme, Climax, Royal, Laramie and 
other standard cement plaster: 

For three-coat work, lath to be spaced not less than three-eighths inch key, 
joints to be broken every fifth lath, leaving space between ends of lath. First 


1134 APPENDIX TO REVISED CODE: 


CHAP, 1) “ART? LY: BUILDING CODE, 


coat: To each measure of fibered cement plaster add two measures of clean, 
sharp sand, mixed thoroughly and uniformly, and add sufficient water to temper 
to proper consistency. Mortar to be applied promptly with sufficient pressure to 
form a good rivet or clinch on upper side of lath. First coat to be thoroughly 
scratched to make a key to retain second coat. 

Second coat to be applied when first coat is two-thirds dry, and to each meas- 
ure of fibered cement plastered add two measures of clean, sharp sand, mixed thor- 
oughly and uniformly, and add sufficient water to temper to a stiff mortar. Mortar 
to be applied promptly with sufficient pressure when half dry to apply finishing 
coat. Finish coat for smooth finish. ( 

Unfibered cement plaster with sufficient water to temper to a proper con- 
sistency trowelled down with the least water possible and brushed with a perfectly 
dry brush. ; 

Second coat work. 

Grounds to be not less than one-half inch. Lath to be spaced not less than 
three-eighths inch key. Joints to be broken every fifth lath, leaving space between 
ends of lath. 

First coat. 

To each measure of fibered cement plaster, add two measures of clean, sharp 
-sand, mixed thoroughly and uniformly. Add sufficient water to temper to proper 
consistency. Mortar to.be applied at once, with coat sufficient to make walls flush 
with grounds. Apply finishing coat when first coat is half dry. 


Approved February S10; POW, 
(ORDINANCE 230138.) 


Building Code—Re-enforcing—Concrete, etc. (See Rev. Code, sec. 234a).— 
An ordinance to amend Ordinance Number 22022, entitled “‘An ordinance to revise 
the Building Code of the City of St. Louis, being Article Four, Chapter One of the 
Municipal Code, by repealing Sections 38 to 253, inclusive, of said article, and enact- 
ing in lieu thereof a new ordinance governing the construction and erection, recon- 
struction, alteration, repair, remodeling, changing, moving, removal and securing of 
buildings in said city, and providing for the safety of buildings when so erected; 
also, regulating the use of and providing for the safety of the public in theaters, 
opera houses, and other buildings devoted to public amusement,’ approved April 
7, 1905, by adding thereto, and at the end thereof, five new sections, Numbered 
188, 189, 200, 201 and 202, which said sections govern and regulate the compo- 
sition, strength, resistance and use of concrete and re-enforced concrete, used in 
the construction, erection, reconstruction, modification, alteration and repair of 
buildings in the City of St. Louis. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Ordinance Number Twenty-two Thousand and Twenty-two, en- 
titled: “‘An ordinance to revise the Building Code of the City of St. Louis, being 
Article Four, Chapter One, of the Municipal Code, repealing sections Thirty-eight 
to Two Hundred and Fifty-three, inclusive, of said article, and enacting in lieu 
thereof a new ordinance, governing the construction and erection, reconstruction, 
alteration, repair, remodeling, changing, moving, removal and securing of build- 
ings in said city, and providing for the safety of buildings when so erected; also 
regulating the use of and providing for the safety of the public in theaters, opera 
houses, anid other buildings devoted to public amusements,” approved April Sev- 
enth, Nineteen Hundred and Five, is hereby amended by adding thereto and at the 
end thereof, five new sections, numbered One Hundred and Ninety-eight, One Hun- 
dred and Ninety-nine, Two Hundred, Two Hundred and One and Two Hundred 
and Two, which said sections govern and regulate the composition, strength, re- 
sistance and use of concrete and re-enforced concrete, used in the construction, 
erection, reconstruction, modification, alteration and repair of buildings in the 
City s0Lsoe Louis. 


Sec. 198. Re-enforced Concrete. Definitions: First—-Re-enforced Concrete 
is a concrete in which steel is embodied in such manner that the two act in unison 
_in resisting stresses due to external loading. Second—Concrete is an artificial 
stone resulting from a mixture of Portland Cement, water and an aggregate. Third 
—Portland Cement shall be as defined in the Standard Specifications adopted on 
June Fourteenth, Nineteen Hundred-and Four, by the American Society for Test- 
ing Materials. Fourth—-An Aggregate, as herein used, means one or more of the 
following materials: Sand, broken stone, gravel, hard-burned clay. Aggregates 


APPENDIX TO REVISED CODE. 1135 


CHAR, 1, ART. Ly. BUILDING CODE. 


will be divided into two classes, Fine Aggregate and Coarse Aggregates. A Fine 
Aggregate will include all Aggregate passing a number eight sieve. A Coarse. 
Aggregate will include all Aggregate passing a one-inch ring and retained on a 
number eight sieve. 


Sec. 199. Quality of Materials. First——Portland Cement shall conform to the 
requirements of the specifications of the American Society for Testing Materials, 
as adopted June Fourteenth, Nineteen Hundred and Four, with all subsequent 
amendments thereto. Second—Aggregates. Fine Aggregates shall be well graded 
in size from the finest to at least the size retained on a number ten sieve. Coarse 
Aggregates shall also be well graded in size, from the finest to at least the size 
retained by a nine-sixteenths-inch ring. Fine Aggregates may contain not more 
than five per cent, by weight, of clay, but no other impurities. Coarse Aggregates 
shall contain no impurities. ‘‘A’’—Sand shall be equal in quality to the Mississippi 


River sand. ‘‘B’’—Broken Stone shall be either limestone, chatts or granite, or 
some other stone equal to one of these in the opinion of the Commissioner of Pub- 
lic Buildings. ‘‘C’’—Hard-Burned Clay shall be made from suitable clay, free 


from sand or silt, burned hard and thoroughly. Absorption of water should not 
exceed fifteen per cent. Third—Concrete. The solid ingredients of the concrete 
shall be mixed by volume in one of the following proportions: ‘‘A,’’ not more than 
three parts of Fine Aggregate to one of Cement. “B,’’ nct more than two parts of 
Fine Aggregate and four parts of Coarse Aggregate to one of Cement; but in all 
cases the Fine Aggregate shall be fifty per cent of the Coarse Aggregate. Concrete 
shall have an ultimate strength in compression in twenty-eight days of not less 
than the following:  Burned-Clay Concrete—One Thousand Pounds per square 
inch. All other concrete, Two Thousand Pounds per square inch. Fourth—Steel. 
Steel shall be Medium Steel or High Elastic-Limit Steel. The physical properties 
shall conform to the following limits: 


MEDIUM STEEL: 

Elastic limit—-Not less than 30,000. i 
Percentage of elongation, minimum in eight-inch, E, 1,800,000-10 (f—10,000). 
Cold bend, without fracture on outer circumference—-180 flat. 

Character of fracture—Silky. 

(f)——Unit stress in steel at ruptures. 


HIGH ELASTIC-LIMIT STEEL: 

Elastic limit—Not less than 50,000. 

Percentage of elongation, minimum in eight-inch, E, 1,800,000-10 (f—10,000). 

Cold bend, without fracture on outer circumference—90 to radius—five times 
thickness. . 


Character of fracture—Silky or fine granular. 

(f)—Unit stress in steel at ruptures. 

Tests shall be made on specimens taken from the finished bar, and certified 
copies of test reports shall be furnished the Commissioner of Public Buildings at 
his request. Bending tests shall be made by pressure. Finished materials shall 
be free from seams, flaws, cracks, defective edges or other defects, and have a 
smooth, uniform and workmanlike finish, and shall be free from irregularities of 
all kinds. The net area of cross section of finished steel members shall not be less 
than ninety-five per cent of the area shown on approved designs. 


Section 200. Execution. All re-enforced concrete work shall be built in ac- 
cordance with approved detailed working drawings. These drawings shall be sub- 
mitted to the Commissioner of Public Buildings for approval, and no work shall 
be commenced until the drawings shall have been approved by him. The steel 
used for re-enforcing concrete shall have no paint upon it, but shall present only 
a clean or slightly rusted surface to the concrete. All dirt, mud or other foreign 
matter shall be removed. If the steel has more than a thin film of rust upon its 
surface it shall be cleaned before placing in the work. In proportioning materials 
for concrete, one bag containing not less than ninety-three pounds of cement, shal} 
be considered one cubic foot. The ingredients of the concrete shall be so thorough- 
ly mixed that the cement shall be uniformly distributed throughout the mass, and 
that the resulting concrete will be homogeneous. The concrete shall be mixed as 
wet as possible without causing a separation of the cement from the mixture, and 
shall be deposited in the work, in such manner as not to cause the separation of 
mortar from coarse aggregate. Concrete shall be placed in the forms as soon as 
practicable after mixing, and in no case shall concrete be used if more than one 
hour has elapsed since the addition of its water. It shall be deposited in hori- 
zontal layers not exceeding eight inches in thickness and thoroughly tamped with 


1136 APPENDIX TO REVISED CODE. 


CHAP MI TAT lee vs BUILDING CODE. 


tampers of such form and material as the circumstances require. The steel shall 
be accurately placed in the forms and secured against disturbance while the con- 
crete is being placed and tamped, and every precaution shall be taken to insure 
that the steel occupies exactly the position in the finished work as shown on the 
drawing. Before the placing of concrete is suspended the joint to be formed shall 
be in such place and shall be made in such manner as will not injure the strength 
of the completed structure. Whenever fresh concrete joins concrete that has set 
the surface of the old concrete shall be roughened, cleaned and thoroughly slushed 
with a grout of neat cement and water. No work shall be done in freezing 
weather, except when the influence of frost is entirely excluded. Until sufficient 
hardening of the concrete has occurred, the structural parts shall be protected 
against the effects of freezing, as well as against vibrations and loads. When the 
concrete is exposed to a hot or dry atmosphere special precautions shall be taken 
to prevent premature drying by keeping it moist for a period of at least twenty- 
four hours after it has taken its initial set. This shall be done by a covering of 
wet sand, cinders, burlap, or by continuous sprinkling, or by some other method 
equally effective, in the opinion of the Commissioner of Public Buildings. If dur- 
ing the hardening period the temperature is continually above seventy F., the side 
forms of concrete beams and the forms of floor slabs, up to spans of eight feet, 
shall not be removed before four days; the remaining forms and supports not be- 
fore ten days from the completion of tamping. If, during the hardening period, 
the temperature falls below seventy F., the side forms of concrete beams and the 
forms of floor slabs, up to spans of eight feet, shall not be removed before seven 
days; the remaining forms and the supports not before fourteen days from the 
completion of the tamping. But if, during’the hardening period, the temperature 
falls below thirty-five F., the time for hardening shall be extended by the time 
during which the temperature was below thirty-five F. Forms for concrete shall 
be sufficiently substantial to preserve their accurate shape until the concrete has 
set, and shall be sufficiently tight so as not to permit any part of the concrete to 
leak out through cracks or holes. Before placing the concrete, the inside of the 
forms shall be thoroughly cleaned of all dirt and rubbish, the forms of all beams, 
girders and columns being constructed with a temporary opening in the bottom 
for this purpose. If loading tests are considered necessary by the Commissioner of 
Public Buildings, they shall be made in accordance with his instructions, but-the 
stresses induced in all parts of a structural member by its test load shall be the 
same as if the member were subjected to twice the dead load, plus twice the as- 
sumed live load. All tests of material herein required shall be made by testing 
laboratories of required standing, and certified copies of such test reports shall 
be filed with the Commissioner of Public Buildings. 


Section Two Hundred and One. Design. The weight of burnt-clay concrete, in- 
cluding the steel re-enforcement, shall be taken at one hundred and twenty pounds 
per cubic foot. The weight of all other concrete, including the re-enforcement, shall 
be taken at one hundred and fifty pounds per cubic foot. Besides the above, in calcu- 
lating the dead loads, the weights of the different materials shall be assumed as 
given in Table Number One. WEIGHTS OF BUILDING MATERIALS, ETC., IN 
POUNDS PER CUBIC FOOT. 


TABLE NUMBER ONE. 


Material. Weight. 
Paving: Drick 3 0) ye 7y AR are pee ve ieee ads a nae ie ee es 150 
Bulldine able 4 Aes ee ee int pa ee ee nee ees 120 
F¥anitet 7's. Glee Lie lka. BORe ee ee ie ieee ree hr a ere ce 170 
Marblests nit 5 eketiaan 1 Soe oo emerataeen ae ay ae ogo Mny rer aaa ae ee 170 
Limestomwe -o463. 5 eb ee Re et ae cr WAG ese tinae nee oes ees 160 
Sarre stones ciel: eect SEE eo eg Pie ae ees Seemann, oat eee i) cee 145 
STE Ca ae GMP ROS RE Pe ue AT a hE 3 SUE A Ay Leer ota fit 140 
Gravel sy eee een, EP a ee cict eects eee ee ee 120 
Sa Pet i ea RA AT I Dee ER AO) onc) cae Ti 
ANG wees Tis a ithe Gea MR eet an eR Ra tae A lent Shaken Taaik rcra rots alt ga 110 
MI OBCATE: Oia dh Sire Biche Artie Gb eR EH eta Bas A eee let hh Ap see ace 100 
Stone Concrete F552 ay eevee ha ok et el Neon 23. caudate, ee 150 
Cinder. cOnGreLS is hie are cies ee tee a ei dey We at oes tet ae 90 
PLASTER ois Be ake ee ee HG eee eae ig ta Lt deer cretion Wee ging ea 140 
GASB SE ale weet eee ONE eR NO Glen aricdle. sel ac Se an 160 
SHG Wiis he RE 0 he ark eens oat aoe ga TS lua ae aby ok, en 40 
SPT EC eR i 8 ek eee Pel ccceiis tay toa nes ON pe eal a ae ee 25 
Hemlock’ fo. oko snck ee ahs ficatcae fale ia ince etre Pens tae cen 25 


White’ pine tf. es re FB Geet eek sak ra eda Oe oon Lv oe ee ee 25 


APPENDIX TO REVISED CODE. 1137 


prea ee AS LV. BUILDING CODE. 
Ree COLL Le ars > Se eaeT coe TOE TA chance Kee Te Ke nth ik ee dele 30 
eR MMMM REINIES® ¢. cSt iC eh cE? OL TE ACE ogo pee Oia tras Siete FON She as dow Rosle ao 40 
ae PO eR LG tas oe, EY ce crue heh en ein na eee chs BO ea ee Ake Kime 50 
PON a gla ba UNA A TE IEA A elie ag aa Sanya tye ot Ale ie A oy ee gO 450 
METRE RRC CLEUNIY Delieed, ies og xe AG cats OA ee ave eae Ce tet Cech b 480 
ROMP Gr RPAPE IS a eee tN er. CTP ee. 2. Oe ese Vc tale tbe 2 ola 2 % 490 
a A? ee CLUE OREM IEE! He oe ot dea Neb e bsg AMT ee Ew we Ghee ee tea cle 8 100 


The following table gives the uniformly distributed live loads, for which struc- 
tural members shall be designed, where their dead loads are as given in column 
a 

TABLE NUMBER TWO. 
Dead load, pounds per square foot. 


Column ‘‘A.”’ Corresponding live load, pounds per sq. foot. 
i 2 3 4 
AMD G9 Ei 8 oc tj geo, NEO, Ba AP aaa ee Ona ee a 72 103 155 194 
1 Pati ah Sy | RE ee A epee 63 93 140 175 
SLES ai) SM le yo ANE RAS (hl Ae ee 59 84 126 158 
CNY og Oe Se ee 2 A a i AO ae ves 76 114 143 
LEG Uta hae 8S eg Eg aoa eM a gr ae cee res 48 69 104 130 
ree Beste Ase, Peak oe ean) s Sx ete SE IES ol eo e-e eee 46 64 96 120 
cE Ue tn be eae eg a Oe ey a 41 58 87 109 
Pate at Se hee ae ah Ces ix Ca ed Re oT 53 80 100 
ey ae Se Fee ee Dale Bt ae eS 34 49 74 93 
cB RG ee Ee Baa lee ay ate ae en ag 44 66 81 
PAL eerie et een etre fe A sia of tae 29 41 62 78 
DOE VEL Cre eee oo when Meg NE SE 27 39 59 74 


The five loads on floors, for dwellings, apartment houses, dormatories, hos- 
pitals, and hotels, shall be given in Column One of Table Number Eleven. For 
school-rooms, churches, offices, theater galleries, use Column Two of Table Num- 
ber Eleven. For ground floors of office buildings, corridors and stairs in public 
buildings, ordinary stores, light manufacturing establishments, stables, and gar- 
ages, use Column Three, Table Number Two. For assembly rooms, main floors of 
theaters, ballrooms, gymnasiums, or any room likely to be used for dancing or 
drilling, use Column Four, Table Number Two. For sidewalks, three hundred 
pounds per square foot. For warehouses, factories, special according to services, 
but not less than Column Four of Table Number Two. For columns the specified 
uniform live loads per square foot shall be used, with minimum of twenty thou- 
sand pounds per column. For columns carrying more than five floors, the live 
loads may be reduced as follows: For columns supporting the roof and top floor, 
no reduction. For columns supporting each succeeding floor, a reduction of five 
per cent of the total live load may be made until fifty per cent is reached, which 
reduced live load shall be used for the columns supporting all remaining floors. 
This reduction is not to apply to live load on column of warehouses, and similar 
buildings which are likely to be fully loaded on all floors at the same time. The 
method used in computing the stresses shall be such that the resultant unit stresses 
shall not exceed the prescribed unit stresses as computed on the following assump- 
tions: First, that a plane section normal to the neutral axis remains such during 
flexure, from which it follows that the deformation in any fiber is directly propor- 
tionate to the distance of that fiber from the neutral axis. Second, that the modu- 
lus of elasticity remains constant within the limits of the working stresses fixed in 
these regulations and is as follows: Steel, thirty million pounds per square inch; 
burnt clay concrete, one million five hundred thousand pounds per square inch. 
All other concrete, two million pounds per square inch. Third, that concrete does 
not take tension, except that in floor slabs, secondary tension induced by internal 
shearing stresses may be assumed to exist. Section Two Hundred and Two, unit 
stresses. The allowable unit stresses under a working load shall not exceed the 
following: 

Burnt Clay Concrete—Direct compression, 300 pounds per square inch; cross 
bending, 400 pounds per square inch; direct shearing, 150 pounds per square inch; 
shearing where secondary tension is allowed, 15 pounds per square inch. 


All Other Concretes—Direct compression, 500 pounds per square inch; cross 
bending, 800 pounds per square inch; direct shearing, 300 pounds per square inch; 
shearing where secondary tension is allowed, 25 pounds per square inch. 


1138 APPENDIX TO REVISED CODE. 


CHAP, I, ART. IV. BUILDING CODE. 
STEEL. 
Medium steel. High elastic limit steel. 
TENSION eu teee k e ae en eee 14,000 20,000 


* The compression in the steel shall be computed from the corresponding com- 
pression in the concrete, except for hooped columns. The bonding stress between 
steel and concrete under working load shall not exceed the foliowing for plain steel: 
For medium steel, fifty pounds per superficial square inch of contract. For high 
elastic limit steel, thirty pounds superficial square inch of contract. For bars of 
such shape throughout their length that their efficiency of bond does not depend 
upon the adhesion of concrete to steel, the allowable bonding stress under working 
load shall be determined as follows: The bars shall be imbedded not less than six 
inches in concrete as herein defined, and the force required to pull out the bar 
shall be ascertained. At least five such tests shall be made for each size of bar, and 
the affidavit report of the test shall be submitted to the Commissioner of Public 
Buildings, who shall] then fix one-fourth of the average stress thus ascertained at 
failure as the allowable working stress. The unsupported length of a column shall 
not exceed fifteen times its least lateral dimension. In a column subjected to com- 
bine direct compression and flexure, the extreme fiber stress resulting from these 
combined actions shall not exceed the unit stress prescribed for direct compression. 
All columns shall have longitudinal steel members so arranged as to make the 
column capable of resisting flexure. These longitudinal members shall be stayed 
against buckling at points whose distance apart does not exceed twenty times the 
least lateral dimension of the longitudinal member. In no case shall the combined 
area of cross section of these longitudinal members be less than one per cent of the 
area of the concrete used in proportioning the column, and the stays shall have a 
minimum cross section of three one-hundredths of a square inch. If a concrete 
column is hooped with steel near its outer surface either in the shape of circular 
hoops, or of a helical cylinder, and if the minimum distance apart of the hoops or 
the pitch of the helix does not exceed one-tenth the diameter of the column, then 
the strength of such column may be assumed to be the sum of the following three 
elements: First, the compressive resistance of the concrete when stressed not to 
exceed five hundred pounds per square inch, for the concrete inclosed by the hoop- 
ing, the remainder being neglected. Second, the compressive resistance of the 
longitudinal steel re-enforeement when stress does not exceed allowable working 
stress for steel in tension. Third, the compression resistance which would have 
been produced by imaginary longitudinals stressed the same as the actual longi 
tudinals, the volume of the imaginary longitudinals being taken at two and four- 
tenths times the volume of the hooping. In computing the volume of the hooping 
it shall be assumed that the section of the hooping throughout is the same as its 
least section. If the hooping is spliced, the splice shall develop the full strength 
of the least section of the hooping. The minimum covering of concrete over any 
portion of the re-enforcing steel shall be as follows: For flat slabs, not less than 
one inch; for beams, girders, ribs, etc., not less than one and one-half inches; for 
columns, not less than two inches. In computing the strength of columns, other 
than hooped columns, the outside one inch around the entire column shall be neg- 
lected. For flat slabs continuous over two or more supports and uniformly loaded, 
the bending moment may be taken as W. L. divided by twelve, in which W. equals 
total loads on the span and L. the center to center distance between supports. 
Beams continuous over supports shall be re-enforced to take the full negative- 
bending moment over the supports, but shall be computed as noncontinuous beams. 
The minimum distance center to center of re-enforcing steel members shall not be 
less than the maximum diameter or diagonal dimension of cross section plus twa 
inches. The designing ‘‘T’’ beams the width of floor slab, which may be assumed 
to act as compression flange of the beam, shall not exceed one-fourth of the span 
of the beam, but in no case shall it exceed the distance center to center of beams. 
If it is necessary to splice steel re-enforcing members either in compression or 
tension, the splice shall be either a steel splice that in tension will develop the 
full strength of the member, or else the members shall be lapped in the concrete 
for a length equal to at least the following: For plain bars of medium steel, forty 
times the diameter or maximum diagonal of cross section. For plain bars of high 
elastic limit steel, seventy times the diameter or maximum diagonal of cross section. 
For other than plain bars, the length of lap shall be in inverse ratio to the ratio 
of the allowed bonding stresses as herein required. In no case, however, shall the 
steel re-enforcement in a beam or girder be lap spliced. 


Approved April 1st, 1907. 


aT 


ee rn eee 


APPENDIX TO REVISED CODE. 1139 


CHAL. VT. FIRE DEPARTMENT. 
* 


CHAPTER VI. 


FIRE DEPARTMENT. 
(ORDINANCE 22809.) 


Fire Department.—An ordinance to repeal Ordinance Number 22278, ap- 
proved March 5, 1906 [R. C., secs. 285, 287], and to enact a new ordinance in lieu 
thereof, in relation to the Fire vepartment. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section One. Ordinance Number 22278, approved March 5, 1906, is hereby 
repealed, and the following new sections are hereby enacted in lieu thereof; to be 
known as Sections 296 and 298, respectively. [R. C., secs. 285, 287.1 


Section 296. The Fire Department shall consist of a Chief, one First Assist- 
ant Chief and eleven District Assistants, one Secretary, one Assistant Secretary, 
one Master Mechanic, two Hostlers, for Horse Hospital, and such num- 
bers of Engineers, Captains, men and employes as are herein provided. 
Each company located in the district bounded south by Park avenue, north by 
Howard street, west by Jefferson avenue and east by the river shall consist of one 
Captain, one Lieutenant and one Engineer, one Fireman, two Drivers and six Pipe- 
men. Each company located in any of the territory not included in the district 
above bounded shall consist of one Captain, one Lieutenant, one Engineer, one 
Fireman, two Drivers and three Pipemen. All Hook and Ladder companies in the 
district bounded above shall consist of one Captain, one Lieutenant, one Driver and 
eight men, and all hook and ladder companies outside of said district shall consist 
of one Captain, one Lieutenant, one Driver and seven men. There shall be one 
Watchman for each engine house in the city, and whenever there are double or 
adjoining houses used by the department, the Watchman’s duty shall extend there- 
to. The Watchmen shall be disabled or old firemen, if there be such in the depart- 
ment. There shall be two Firemen in the service of the Fire Department, to be 
stationed at each of the following institutions: City Hospital, Emergency Hospital 
Number Two, Insane Asylum, Poorhouse, Hospital for Females and St. Louis In- 
dustrial School. One of the two men so designated and stationed at each of said 
institutions shall be on duty during the day and the other during the night, so 
that one man shall be on duty at all times. There shall be two men to each fuel 
wagon necessary. The Master Mechanic shall have at least three years’ experience 
in the St. Louis Fire Department, and shall have been a resident of the city at 
least five years, and shall be a licensed engineer of the city and a practical’ me- 
chanic. The Master Mechanic shall have charge of the repairs of all apparatus of 
the Department, and shall see that same is kept in perfect order. 


Section Two Hundred and Ninety-eight. The First Assistant Chief shall re- 
ceive as full compensation for his services the sum of One Hundred and Seventy- 
five Dollars per month. The eleven other assistants shall receive for their services 
the sum of One Hundred and Sixty-six Dollars and Sixty-six Cents per month, and 
all other assistants shall have at least three years’ experience in the St. Louis Fire 
Department, and have been a resident of the city for at least five years. The Sec- 
retary shall receive as full compensation for his services the sum of One Hundred 
and Fifty Dollars per month. The Assistant Secretary shall receive as full compen- 
sation for his services the sum of One Hundred and Fifteen Dollars per month. 
The Master Mechanic shall receive as full compensation for his services the sum 
of One Hundred and Sixty-six Dollars and Sixty-six Cents per month. Captains of 
each company shall receive as full compensation for their services the sum of One 
Hundred and Fifteen Dollars per month. Lieutenants of each company shall re- 
ceive as full compensation for their services the sum of One Hundred and Five 
Dollars per month. Engineers shall receive as full compensation for their services 
the sum of One Hundred and Ten Dollars per month. All other members of the 
Department, except Hospital Firemen, Watchmen and Hostlers, shall receive as 
full compensation for their services the sum of Ninety-five Dollars per month, pro- 
vided, however, that new men appointed to the department shall, for the first six 
months’ service, receive Seventy Dollars per month, and for the second six months 
Eighty Dollars per month. Hospital Firemen shall receive as full compensation for 
their services the sum of Highty Dollars per month. 

Watchmen shall receive as full compensation for their services the sum of 
Eighty Dollars per month, provided, however, that Watchmen shall be selected 
from disabled men, or others who have served on the department, if such can be 


1140 APPENDIX TO REVISED CODE. 

CHAP. X-XI. HARBOR AND WHARF—HEALTH DEPARTMENT. 
® 

found, and as to those appointed Watchmen without such experience the monthly 
salary shall be Sixty Dollars. Hostlers shall receive as full compensation for their 


services the sum of Sixty Dollars per month. 
Section Two. This ordinance becomes effective on and after May first, Nine- 


teen Hundred and Seven. 


Approved February 18, 1907. 


CHAPTER X. 

HARBOR AND WHARF DEPARTMENT. 
ARTICLE I. 
REGULATIONS AND OFFENSES. 
(ORDINANCE 22739.) 


An ordinance to amend Chapter Ten, Article One, of the Municipal Code, by 
adding thereto a new section, to be known as Section 372A. [R. C., sec. 366a. ] 


Be it Ordained by the Municipal Assembly of the City of St. Louis. as follows: 


Section One. Chapter Ten, of Article One, of the Municipal Code, is hereby 
amended by adding thereto a new section to be known as Section Three Hundred 
and Seventy-two A, as follows: 

Section Three Hundred and Seventy-two A. Any person who shall steal, take 
or drive away from any stable, garage or shelter any wagon or automobile or other 
vehicle not his own property, without the consent or order of the owner thereof, 
shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined 
not less than ten nor more than one hundred dollars. 


Approved February 5th, 1907. 


CHAPTER XI. 
HEALTH DEPARTMENT. 
ARTICLE III. 

OF CITY BACTERIOLOGIST. 
(ORDINANCE 22810.) 


Assistants to City Bacteriologist.—An‘ ordinance authorizing the appointment 
i. two laboratory assistants in the office of the City Bacteriologist. [R. C., sec. 
75a.] 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section One. The Health Commissioner is hereby authorized to appoint, by 
and with the approval of the Board of Health, two laboratory assistants in the 
office of the City Bacteriologist. 

Section Two. The compensation of these laboratory assistants shall be at the 
rate of Fifty Dollars per month; their duties shall be prescribed by the City Bac- 
teriologist. 

Section Three. These laboratory assistants may be suspended by the City Bacteri- 
ologist for neglect of duty or violation of the rules, and when the City Bacteriolo- 
gist shall suspend either of said parties he shall report at once the facts to the 
Health Commissioner, who may take such action as he may deem proper. 

Section Four. The salaries of the persons provided for in this ordinance are 
to be paid out of the funds appropriated for ‘Salaries in the office of the City 
Bacteriologist.’’ : 


Approved February 18, 1907. 


APPENDIX TO REVISED CODE. | 1141 
CHAP. XI. HEALTH DEPARTMENT. 


(ORDINANCE 22561.) 


Snodgras Laboratory.—An ordinance authorizing the establishment of the 
Snodgras Laboratory of Pathology and Bacteriology on the property of the City 
of St. Louis, in City Block Twelve Hundred and Fifty-two, and adjoining the City 
Hospital, and making appropriations for the equipment of the same. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. The building lately erected on the south side of Carroll street in 
City Block Twelve Hundred and Fifty-two, and connected with the City Hospital, 
shall be known and designated as the ‘‘Snodgras Laboratory of Pathology and 
Bacteriology,’’ and the City Bacteriologist shall maintain his laboratory and carry 
on his work in this building. 


Sec. 2. For the purpose of thoroughly equipping and furnishing the Snodgras 
Laboratory of Pathology and Bacteriology, there is hereby appropriated and set 
apart out of Municipal Revenue, for the purchase of Microscopes and Accessory 
Apparatus, Chemical Apparatus, Instruments, Library and Museum, Autopsy Room 
ea Chemicals and Supplies, and Furniture, the sum of fifteen thousand 

ollars. ; 


Sec. 3. All requisitions for purchase for the Snodgras Laboratory of Path- 
ology and Bacteriology shall be made by the City Bacteriologist and approved by 
the Health Commissioner. 


Approved October 2, 1906. 


ARTICLE XIII. 


OF DEAD ANIMALS, OF GARBAGE AND OFFAL. 
(ORDINANCE 22580.) 


Disposal of Dead Animals.—An ordinance to amend sections 665, [R. C., sec. 
676], 666 [R. C., sec. 677], and 673 [R. C., sec. 684], of ‘“‘The Municipal Code of 
St. Louis,’’ in relation to the disposal of dead animals. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


section 1. — ections 665)[£R. Cy sec 676], 666 [R:,C., see: 677], and 673 
[R. C., sec. 684], of “The Municipal Code of St. Louis’? are hereby amended by 
striking out said sections and substituting and inserting in lieu thereof new sections 
to be known by the same numbers, so that the sections as amended shall read as 
follows: 


Sec. 665. It shall be the duty of all agents and employes of the Board of 
Health or of the Street Department, and of all policemen, to report to the depart- 
ment having charge or control of the matter any carcass or remains of any dead 
animal which they may find or of the existence of which within the city limits they 
may be informed, as soon as may be, and within three hours after such fact shall 
come to their knowledge, and such department shall enter such report in a book 
to be kept for that purpose, and designate therein the locality, as near as the same 
can be ascertained, where such carcass or remains may be, and also the time when 
reported. 


Sec. 666. The aforesaid book shall at all times be open to the inspection of 
the public, and any person may report the existence of any carcass or remains of 
dead animals within the city limits to such department having control of the re- 
moval thereof; or the same may be reported to any policeman, or at any police 
station to the person in charge thereof, who shall immediately, or as soon as may 
be, report the same to the said department in charge or control of the removal 
thereof, which shall take immediate measures to effectuate such removal. 


Sec. 673. The carcass of all dead animals lying on the streets, alleys or pub- 
lic places of St. Louis, or on private premises therein, and not slain for human food, 
and not removed by the owner or other person entitled thereto within six hours 
or daylight time after the death of such animals, are hereby declared to be nui- 
sances, and shall be removed and disposed of as hereinafter provided. 


Approved October 12, 1906. 


1142 APPENDIX TO REVISED CODE, 


CHAP. XI. HEALTH DEPARTMENT. 
ARTICLE XV. 


OF REGULATIONS CONCERNING MEDICINE AND SURGERY AND MIDWIFERY 


(ORDINANCE 23001.) 


An ordinance to amend Section Number 738 of Article Fifteen, Chapter Eleven 
of the Municipal Code of St. Louis [R. C., sec. 715], by striking out the word 
“forty” in the eighth line of said section and inserting in lieu thereof the word 
‘Seventy-five.”’ 


Be it Ordained by the Municipal Assembly of the City of St. Louie, as follows: 


Sec. 1. Section Number 738 of Article Fifteen, Chapter Eleven, of the Mu- 
nicipal Code of St. Louis, is hereby amended by striking out the word “forty” in 
the eighth line thereof, and inserting in lieu thereof the word ‘“‘seventy-five,”’ so that 
said Section Number 738 will read as follows: 

Sec. 738. [R.C., sec. 715..]——Nurses—Rules of selection of.—A1l nurses em- 
ployed by the city may, to the extent that the institution will supply the same, be 
selected from the pupils of the St. Louis Training School. They shall be paid in 
monthly installments, the amount now specified by ordinance for corresponding 
positions. A residence in the city for two years shall not be necessary to entitle 
one to appointment under this and the next preceding section. One selected from 
said institution shall be called superintendent of nurses, and shall be paid seventy- 
five dollars per month, and the duties of the position shall be defined by rules and 
regulations prepared by the Health Commissioner and approved by the Board of 
Health. All appointments under this article shall be made by the Health Commis- 
sioner and approved by the Board of Health. 


Approved April 1, 1907. 


(ORDINANCE 22998. ) 


Regulation of Private Hospitals, Lying-In Institutes, Foundling Establish- 
ments, etc.—‘‘An ordinance to regulate hospitals, sanitariums, lying-in establish- 
ments, lock hospitals, homes, retreats or other places, or institutions intended for 
the boarding, lodging, nursing or care of the sick, or such persons as are suffering 
from or afflicted with bodily or mental infirmities or ailments of any kind what- 
soever, or pregnant women, or institutions for the care of orphans, vagrant or des- 
titute children, foundling homes, or dispensaries, and prescribing penalties for the 
violation thereof, and authorizing the Board of Health to make rules and regula- 
tions in reference thereto.”’ 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. From and after the passage and approval of this ordinance, no 
person shall establish, maintain, operate or conduct a hospital, sanitarium, lying-in 
establishment, lock hospital, home, retreat, or other place or institution intended 
for the boarding, lodging, nursing or care of the sick or such persons as are suffer- 
ing from or afflicted with bodily or mental infirmities or ailments of any kind 
whatsoever, or pregnant women, or any institution for the care of orphans, vagrant 
or destitute children, a foundling home or a dispensary, within the limits of the 
City of St. Louis, without first having obtained a permit to do so from the Board 
ot Health, as in this ordinance provided. The word ‘“‘person,’’ as used in this ordi- 
nance, shall include the members of any firm or partnership, a corporation, and 
any or all of the officers, managers or board of directors of such corporation. 

Sec. 2. Any person who may desire to establish, maintain, operate or conduct 
a hospital, sanitarium, lying-in establishment, lock hospital, home, _ re- 
treat, or other place or like or similar institution intended for _ the 
boarding, lodging, nursing or care of the sick or such persons as 
are suffering from or afflicted with bodily or mental infirmities or ailments of any 
kind whatsoever, or pregnant women, or an institution for the care of orphans, 
vagrant or destitute children, a foundling home or dispensary, in the City of St. 
Louis, from and after the passage and approval of this ordinance shall first file a 
written application, addressed to the Board of Health, requesting said- Board ‘to 
grant to the applicant therein named permission and authority to establish, main- 
tain, operate and conduct the kind of institution therein described, which applica- 
tion shall contain the following information: First, the name or names of any 


Oo ae SR 


| 


APPENDIX TO REVISED CODE. 1143 


CHAP. XI. HEALTH DEPARTMENT. 


and all persons who are to control, operate or manage such institution, including 
the matron, superintendent, resident physician or surgeon, medical staff, including 
any and all physicians or surgeons who are in any manner connected or identified 
with such institution; also the names of any midwives attached to or connected 
with the institution, and if a corporation, then also the names of the officers and 
board of directors thereof. Second, the location of the proposed institution and 
the name under which said institution will be operated or conducted. Third, the 
size and dimensions of the building or buildings, and the number of rooms in such 
building. Fourth, the maximum number of patients that the institution can prop- 
erly accommodate. Fifth, whether any business is or will be conducted or operated 
in the same building or buildings or on the same premises, and if so, what other 
business. Sixth, a written statement from each member of the medical staff, the 
resident physician or surgeon, superintendent and matron, certifying that he or 
she will serve on the staff of said institution as stated by the applicant in the appli- 
cation for such permit. 


Sec. 3. Upon the filing of such application the Health Commissioner shall 
cause the building or buildings, and premises, to be thoroughly examined and in- 
spected, but no building shall be used for any of the purposes herein specified 
which does not, among other things, conform to the following requirements: Every 
room, including water closet compartments and bathrooms, shall have at least one 
window opening directly upon the street or upon an areaway, a yard or court; the 
total area of the windows in such room shall be at least one-eighth of the super- 
ficial area of the room, and one-half of the sash shall be made to open full width. 
If, as a result of such examination, it shall be found that the building or buildings 
and premises conform to the requirements of this ordinance and the Health Com- 
missioner shall be of opinion that the building or buildings and premises are in all 
other respects in a sanitary condition, that the statements made in the application 
for a.permit are true and that the applicant is a person of good character, he shall 
refer such application to the Board of Health for its action, with his report and in- 
dorsement thereon. 


Sec. 4. In all cases in which the Board of Health shall act favorably upon 
any application, it shall issue a permit authorizing the person named therein to 
establish, maintain or conduct an institution of the kind described in the applica- 
tion for such permit, under the name and at the place designated in such applica- 
tion, for the period of one year from the date thereof, which permit shall be sub- 
ject to revocation by the Board of Health at any time for any of the causes herein 
specified. Said permit shall not be transferred by the person to whom it is issued 
without the consent and approval in writing of the Board of Health, and any trans- 
fer or attempted transfer thereof, or any change in the name of such institution, 
or change in the management or managers of such institution, or the location of 
such institution without the approval of the Board of Health in writing, shall 
render such permit absolutely void and cause the immediate forfeiture of such 
permit and of all rights thereunder to establish, maintain, operate or conduct any 
such institution within the limits of the City of St. Louis. Every person who se- 
cures a permit from the Board of Health to establish, maintain, operate or conduct 
any institution described in this ordinance shall immediately notify the Health 
Commissioner of any change in the medical staff, resident physician or surgeon, 
superintendent, midwives or matron, attached to or connected with such institution. 


Sec. 5. Any and all hospitals, sanitariums, lying-in establishments, lock hos- 
pitals, homes, retreats or other places, or like or similar institutions, intended for 
the boarding, lodging, nursing or care of the sick, or such other persons as are 
suffering from or afflicted with bodily or mental infirmities, or ailments of any 
kind whatsoever, or pregnant women, within the limits of the City of St. Louis, 
shall keep a physician, licensed to practice medicine and surgery in the State of 
Missouri, and who is actively engaged in the practice of medicine and surgery, 
resident therein. 


Sec. 6. Any person who shall establish, maintain or conduct any hospital, 
sanitarium, lying-in establishment, lock hospital, retreat, home or place, or like 
or similar institution intended for the boarding, lodging, nursing or care of the 
sick or such persons as are suffering from or afflicted with bodily or mental in- 
firmities or ailments of any kind whatsoever, or pregnant women, or an institution 
for the care of orphans, vagrant or destitute children, a foundling home, or a dis- 
pensary, in the City of St. Louis, after the passage and approval of this ordinance 
without first having obtained a permit from the Board of Health so to do; or any 
person who shall continue to maintain, operate or conduct any such institution or 
place after the Board of Health shall have revoked the permit so to do previously 
issued to such person; or any person to whom a permit shall have been issued to 
establish, maintain, operate or conduct any such institution, who shall transfer 


1144 APPENDIX TO REVISED CODE. 


CHAP. XI. HEALTH DEPARTMENT. 


such permit without first obtaining the approval of the Board of Health in writing 
therefor; or who shall allow any room in the cellar or basement of such institu- 
tion to be occupied by a greater number of persons than will afford less than four 
hundred cubic feet of air to each adult and two hundred cubic feet of air to each 
child under twelve years of age occupying such room; or who shall permit any ac- 
cumulation of dirt, filth or garbage in or about the buildings or premises of such 
institution, or who shall permit any person to practice medicine, surgery, or mid- 
wifery in such.institution who is not authorized by the laws of the State of Missouri 
so to practice; or who shall establish, maintain, operate or conduct any institution 
named in this ordinance under any other name or at any other place than as stated 
in the application for a permit to establish, maintain, operate or conduct such in- 
stitution, without the consent and approval of the Board of Health in writing there- 
for; or who shall fail to immediately notify the Health Commissioner of any change 
in the medical staff, resident physician, superintendent, matron or midwives of any 
such institution; or who shall establish, maintain, operate or conduct a hospital, 
sanitarium, lying-in establishment, lock hospital, home, retreat or other place or 
like or similar institutions intended for the boarding, lodging, nursing or care of 
the sick or such persons as are suffering from or afflicted with bodily or mental 
infirmities or ailments of any kind whatsoever, or pregnant women, within the 
limits of the City of St. Louis, and shall fail to keep a physician, licensed to prac- 
tice medicine and surgery in the State of Missouri, and who is actually engaged in 
the practice of medicine and surgery, resident therein, shall be deemed guilty of 
a viviation of this ordinance. 


See. 7. Any person who shall violate any of the provisions of this ordinance 
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be 
fined in a sum not less than fifty dollars nor more than five hundred dollars. 


Sec. 8. The Board of Health is hereby authorized to make from time to time 
such rules and regulations in respect to the management and conduct of any insti- 
tution described in this ordinance and for the care and treatment of the patients 
or inmates thereof, as said board may deem wise. 


See. 9. For any violation of any of the provisions of this ordinance or for 
any violation of the laws of the State of Missouri, or the ordinances of the City of 
St. Louis, or for any violation of any of the rules and regulations which may be 
prescribed from time to time by the Board of Health for the conduct or manage- 
ment of any of the institutions herein named, the Board of Health shall have the 
right to revoke any permit theretofore granted by it, provided said board shall 
issue a notice to the person named in such permit, advising him of the time and 
place of the Board’s actions thereon and the grounds therefor. Said notice shall 
be served at least ten days prior to the hearing thereon, either by delivering a copy 
thereof to the person therein named or by leaving a copy of such notice at the in- 
stitution named in the permit which the board intends to investigate. 


Sec. 10. Every person who is maintaining, operating or conducting a hos- 
pital, sanitarium, lying-in establishment, lock hospital, home, retreat, or other 
place, or like or similar institution, intended for the boarding, lodging, nursing or 
care of the sick or such persons as are suffering from or afflicted with bodily or 
mental infirmities or ailments of any kind whatsoever, or pregnant women, or an 
institution for the care of orphans, vagrant or destitute children, a foundling home 
or a dispensary, in the City of St. Louis shall, within sixty days after the passage 
and approval of this ordinance, secure a permit from the Board of Health in ac- 
cordance with the provisions of this ordinance, to maintain, operate and conduct 
such institution or place. 


Approved April Ist, 1907. 


ARTICLE XVI. 
OF CITY. HOSPITAL: 
(ORDINANCE 22935.) 


Nurses at City Hospital.—An ordinance authorizing the appointment of eight 
additional nurses at the City Hospital. 


Be it Ordained by the Municipal Assembly of the City of St. Louis. as follows: 


Sec. 1. The Health Commissioner, with the approval of the Board of Health, 
may appoint for service in the City Hospital, under the superintendent of City 
Hospital and the superintendent of nurses, one assistant superintendent of nurses, 
one surgical operating nurse, three night supervising nurses and three day super- 


APPENDIX TO REVISED CODE. 1145 


CHAP. XII. OF HIGHWAYS. 


vising nurses, each of whom shall be graduated trained nurses, and shall be paid 
fifty dollars per month, and shall perform duties which shall be defined by the 
rules and regulations prepared by the Health Commissioner and approved by the 
Board of Health; the said salaries to be paid out of the funds appropriated for 
salaries in the Health Department.—(a) 


Approved March 27, 1907. 


(a) See note to sec. 715 of Revised Code. 


CHAPTER XII. 


OF HIGHWAYS. 
| ARTICLE II. 
CONSTRUCTION AND PREVENTING OBSTRUCTIONS. 
(ORDINANCE 22885.) 


Temporary Occupation of Streets, etc.—An ordinance to amend the third para- 
graph of Section Number 925 of the Municipal Code of St. Louis, as amended by 
Ordinance Number 21394 [R. C., sec. 928], in relation to the occupancy of streets 
and sidewalks with building materials. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section 925 of the Municipal Code of St. Louis, as amended by 
Ordinance Number 21394, is hereby amended by striking out said section and sub- 
stituting and inserting a new section, in lieu thereof, to be known by the same num- 
ber, so that said section, as amended, shall read as follows: 


Sec. 925. [R. C., sec. 928.] Any person, firm or corporation, desiring to 
temporarily occupy any portion of any public street, alley or sidewalk, for the pur- 
pose of placing thereon materials or rubbish, from building operations or for exca- 
vation for any area under a sidewalk, or for any purpose whatever in connection 
with the erection, removal, alteration or repair of any building or other structure, 
shall apply to the Street Commissioner for a permit for the temporary occupation 
aforesaid, and it shall be unlawful to occupy or obstruct any street, alley or side- 
walk as aforesaid without a permit from the Street Commissioner, which permit 
shall only be issued by the Street Commissioner, upon the presentation of a build- 
ing permit from the Commissioner of Public Buildings, authorizing the work which 
is to be done, and the City Treasurer’s receipt that the applicant has deposited with 
the City Treasurer the sum of fifty dollars, without regard to the number of per- 
mits, as a special fund, to be used by the Street Commissioner, to defray expenses 
by reason of a failure of the person, firm or corporation to whom the permit may be 
issued, to keep said streets, alleys and sidewalks adjacent to the premises whereon 
said building operations are carried on, in a clean and orderly condition during the 
time for which permission for said temporary occupation is asked; and it is hereby 
made the duty of any person, firm or corporation carrying on any building opera- 
tions to keep the streets, alleys and sidewalks adjoining the premises whereon said 
operations are conducted, in a clean and orderly condition during such operationgy 
and at the expiration of the time stipulated in said permit, which shall not exceed 
the time stipulated in the building permit, or whenever ordered by the Street Com- 
missioner, the person, firm or corporation to whom the permit may be issued, shall 
remove all materials and rubbish from the streets, alleys and sidewalks adjoining 
said premises and shall leave the same in a clean and orderly condition. The Street 
Commissioner is hereby authorized to clean the streets, alleys or sidewalks adjoin- 
ing any premises whereon building operations are being carried on, whenever the 
same may be found in an unclean or disorderly condition, and he shall remove or 
repile any building materials or rubbish or obstructions which may be found out- 
side of the spaces authorized by his permit to be occupied thereby, or within, four 
feet of any fire plug or electric conduit manhole, and he shall issue a voucher for 
the payment of the cost of such cleaning or removal, which shall be charged 
against and .paid from the deposit hereinbefore provided. 


Whenever the whole or part of said deposit shall have been expended for the 
purpose herein described, the Street Commissioner shall notify said person, firm 
or corporation to whom the permit may be issued to pay so much money into the 
City Treasurer as will bring the deposit again up to the amount hereinbefore re- 


1146 APPENDIX TO REVISED CODE. 


CHAP ATE ART OLE HIGHWAYS. 


quired, and in the event of the failure of said depositor to deposit such additional 
sum, said Street Commissioner shall revoke said permit, and it shall be unlawful 
to occupy any of the aforesaid streets, alleys or sidewalks with materials, dirt or 
rubbish after the revocation of said permit or to neglect or refuse to remove all 
materials, dirt and rubbish from said streets, alleys and sidewalks after having been 
notified so to do by the Street Commissioner. The extent of occupation of such 
street, alley or sidewalk, or part thereof for which a permit may be granted by said 
Street Commissioner shall be as follows: 


Said permit shall not authorize the occupation of any sidewalk, street or alley, 
or part thereof other than that immediately in front of or in the rear of the prem- 
ises of the building upon which said permit is issued. During the progress of 
building operations at least one-third of the sidewalk in front of the premises of the 
building for which such permit is granted shall be at all times kept free and unob- 
structed for the purpose of passage and clear of rubbish, dirt and snow. Such 
sidewalks must, if there are excavations on either side of same, be protected by 
substantial railings, which shall be built and maintained thereon so Jong as such 
excavations continue to exist, it is not intended hereby to prohibit the maintenance 
of a driveway for the delivery of material across such sidewalk from the curb line 
to the building side. It shall be permitted for the purpose of delivering materials 
to the basement of the buildings, to elevate such temporary sidewalks to a height 
not exceeding four feet above the curb level of the street, and where excavations 
are made under or across any sidewalk, the Street Commissioner is hereby author- 
ized to require such elevated temporary sidewalks to be erected, so as to afford 
safe and convenient passage, and such elevated sidewalks shall be provided with 
good, substantial steps on both ends of the same, and shall have railings, as before 
specified, on both sides thereof. If the building to be erected is more than four 
stories in height, and is set at or near the street line, there shall be built over such 
sidewalk a roof, having a framework and covering, composed of supports and 
stringers of three by twelve timbers, not more than eight feet from‘centers, covered 
by two layers of two-inch plank. Said roof shall be maintained as long as material 
is being used or handled on said street front and above the level of such sidewalk. 
In all such cases such temporary sidewalks and their railings and approaches and 
the roofs over the same shall be made, as regards ease of approach, strength and 
safety, to the satisfaction of the Street Commissioner. The occupation of the street 
for the storage of building materials shall never exceed, in front of any one build- 
ing, one-quarter of the width of the roadway of the same, and in the streets con- 
taining railroad tracks such occupation shall not exceed one-half the distance from 
the curbstone to such railroad tracks. The occupation of any public alley, as 
aforesaid, shall not exceed one-half of the width of the same. Brick, asphalt ‘and 
bituminous macadam paving shall be protected with wood covering, composed of 
one-inch plank before any material is placed on it. Earth taken from excavations 
and rubbish taken from buildings must not be stored upon sidewalk or roadway 
of streets or alleys, and must be removed from day to day as rapidly as produced. 
Where dry rubbish, apt to proauce dust, is being handled, it must be kept wetted 
down, so as to prevent it being blown about by the wind. For all buildings more 
than four stories in height the use of derricks set upon the sidewalks is prohibited. 
Materials for such buildings shall be hoisted entirely within the inclosing walls of 
the same. The permission to occupy streets and sidewalks for purposes of building 
is intended only for use in connection with the actual erection, repair, alteration 
or removal of buildings, and must terminate with the completion of such operation. 
It shall be unlawful to occupy any sidewalk or alley after the expiration of the 
time for which a permit has been issued by the Street Commissioner. It shall also 
be unlawful to occupy. sidewalk, street or alley under authority of such permit for 
the storage of articles not intended for immediate use in connection with the opera- 
tions for which such permit has been issued. Red lanterns shall be displayed and 
maintained during the whole of every night at each end of every pile of material 
in any street or alley, and at each‘end of every excavation. It is provided that if 


the written consent and a waiver of claims for damages against the City of St. Louis 


of the owners of the property abutting upon the site of the proposed building is 
first obtained and filed with the Street Commissioner, the permission to occupy 
the roadway may be extended beyond the limits of such building, upon the same 
terms and conditions as those herein fixed for the streets in front of the building 
sites themselves. 


Whenever any person who has a deposit with the City Treasurer for the pur- 
pose of taking out permits, as herein described, desires to withdraw said deposit, 
he shall notify the Street Commissioner, who thereupon shall certify to the Presi- 
dent, of the Board of Public Improvements a voucher for the unexpended balance 
of said deposit; provided, that all streets, alleys or sidewalks have cleaned, as 


APPENDIX TO REVISED CODE. 1147 
CHAP. XII, ART. VIII. HIGHWAYS. 


required by this section, to the satisfaction of the Street Commissioner. The Presi- 
dent of the Board of Public Improvements shall certify said voucher to the Auditor 
who thereupon shall draw his warrant upon the City Treasurer in favor of said 
person for said amount standing to the credit of the special fund credited by the 
payments herein provided, and shall take his receipt in full of all claims against 
the city on account of said payments. 


Approved March 13th, 1907. 


ARTICLE VIII. 
OF CITY LIGHTING’ AND LIGHTING PLANTS. 
(ORDINANCE 22878.) 


Contracts for Electric Lighting of Public Buildings.—An ordinance authoriz- 
ing and directing the Board of Public Improvements to let contracts for furnishing 
electricity to be used in lighting designated public buildings and designating the 
fund out of which the cost thereof shall be paid, and repealing Ordinance 19914, 
approved January 16, 1900. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. The Board of Public Improvements is hereby authorized and di- 
rected to let contracts for the furnishing of electricity, in accordance with specifi- 
cationg on file in the office of the President of the Board of Public Improvements, to 
be used in lighting the public buildings of the City of St. Louis, to-wit: All fire 
engine houses, police stations, courthouse, old city hall building while occupied and 
used by the city, city hospital and buildings on city hospital grounds, insane asylum 
and buildings on insane asylum grounds, female hospital and buildings on female 
hospital grounds, poorhouse and buildings on poorhouse grounds, Four Courts and 
buildings on same block, new city hall, city buildings Number Twenty-three Hun- 
dred Twenty-two Clark avenue and city buildings on same lot; Forest Park build- 
ings, including Lindell Pavilion, park department stables and observatory; water 
department buildings, including pumping engine houses, boiler houses, coal houses, 
gate houses, machine shops, blacksmith shops, warehouses and office buildings at 
Chain of Rocks, Bissell’s Point, Baden, Compton Hill Reservoir grounds and pipe 
yard at Taylor avenue and Duncan avenue, Union Market and Soulard Market, 
Street Department buildings at Number Twenty-seven Hundred Thirty-two Arsenal 
street, Number Nineteen Hundred and Eleven Wash street, and Number Thirty- 
seven Hundred Four North Grand avenue, while occupied and used by the city; 
Health Department buildings Number Thirty-five Hundred Sixty-four South Broad- 
way and Thirty-six Hundred Highteen North Broadway, while occupied and used 
by the city; temporary city hospital and buildings, on temporary city hospital 
grounds, while occupied and used by the city; Harbor and Wharf Commissioner’s 
Office on the Levee, workhouse, industrial school and attached buildings. 

Sec. 2. Contracts let under authority of this ordinance shall be for a term of 
years beginning September first, Nineteen Hundred and Seven, and terminating 
August Thirty-first, Nineteen Hundred and Ten. 

Sec. 3. The lighting herein authorized shall be executed under separate 
contracts for lighting the designated public buildings in the following districts, 
namely: District Number One, bounded by the western and northern city limits, 
the Mississippi river and the south line of Washington avenue, produced to the 
western city limits. District Number Two, bounded by the southern and western 
city limits, the south line of Washington avenue and the same produced to the 
western city limits and the Mississippi river. 

Sec. 4. The unit of measurement for the electricity furnished for the light- 
ing of the public buildings herein authorized shall be one thousand watt-hours— 
a watt-hour is hereby defined to be the expenditure of one watt of electric power 
for one hour—and the current shall be furnished at the main branch block in 
the buildings designated at one hundred ten volts. 

See. 5. The amount of the bond required under all contracts let under this 
ordinance shall be the full estimated amount to be paid for the lighting during a 
period of one year. 

Sec. 6. The cost of the lighting herein authorized shall be paid by the City 
of St. Louis out of the fund annually appropriated for lighting public buildings 
by general appropriation from Municipal Revenue. 


ry 


Sec. 7. Ordinance 19914 is hereby. repealed. 
Approved March 13, 1907. 


1148 APPENDIX TO REVISED CODE, 
CHAP. XIII. JUDICIAL DEPARTMENT. 


CHAPTER XIII. 


JUDICIAL DEPARTMENT. 


ARTICLE VIII. 


JUVENILE COURT AND OFFICERS. 
(ORDINANCE 22540.) 


Sec. 1. Building in Connection with Juvenile Court—Detention of Juveniles— 
Superintendent, Matron, etc., Appointed—Duties—Salary—Bond—Requisitions— 
An ordinance to provide for the renting or leasing of a building near the City Hall 
and Four Courts for a house of detention of juveniles in connection with the oper- 
ation of the Juvenile Court. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. The Mayor and Comptroller are hereby authorized and directed 
to rent or lease a building in the vicinity of the City Hall or Four Courts, but 
outside the inclosures of any jail or police station, suitable for the detention of 
juveniles in connection with the operation of the Juvenile Court, at a rental not 
to exceed one hundred dollars per month, and for a term not to exceed five years; 
but said lease may be renewed, or other place rented for the purpose, from time 
to time, hereunder, and the building shall be known and designated the House 
of Detention, and said building may be altered, repaired and suitably equipped 
for its purpose at an outlay not to exceed three thousand dollars. 


Sec. 2. When the.building is obtained and its management begun hereunder, 
all juveniles to be committed to the care of the Sheriff, police officer or probation 
officer, or otherwise temporarily detained, as provided for in the act establishing 
Juvenile Courts, approved March twenty-third, nineteen hundred and three, may 
be sent to and detained at the place hereby provided for; and the detention and 
treatment of juveniles at such place of detention shall be subject to the control 
and direction of the Juvenile Court, or the Judge thereof in vacation. 


Sec. 3. - The Judge of the Juvenile Court is authorized to appoint and re- 
move, from time to time, a superintendent and a matron, as assistant, to have 
possession, management and control of said House of Detention, subject hereto; 
and it shall be the duty of the superintendent and matron, respectively, to control 
and to have the inmates suitably and sufficiently nourished and housed and kept 
in cleanly and healthful state as possible, and provided with instruction and recre- 
ation, the inmates of different sexes being taught and kept in separate quarters. 
The superintendent shall give bond to the City of St. Louis in the sum of one 
thousand dollars, and the matron in the sum of five hundred dollars, for the faith- 
ful discharge of their duties, respectively. 


Sec. 4. There shall be paid to the superintendent a salary of sixty dollars 
per month, and to the matron a salary of thirty-five dollars per month, and a 
cook may be employed at a salary of twenty dollars per month; and there may be 
also employed by the matron, subject to the approval of the Comptroller, help 
from time to time, as may be found necessary, at wages for each employe not to 
exceed one dollar and twenty-five cents a day. 

Sec. 5. The superintendent shall submit at the end of each month to the 
Comptroller a detailed requisition for necessary articles and supplies for the 
House of Detention for the succeeding month, and when approved by the Comp- 
troller the requisitions shall be filed in the office of the Commissioner of Supplies, 
and the articles required duly supplied and delivered and the superintendent 
shall keep a full and complete account of the receipts, expenditures and disposi- 
tion of all property coming into his possession. 

Sec. 6. There is hereby appropriated and set apart out of municipal revenue 
the sum of three thousand dollars for repairs, alterations and suitable equipment, 
as above provided, and the further sum of six thousand dollars for the rent and 
maintenance of said House of Detention. 


Approved July 12, 1906. 


APPENDIX TO REVISED CODE. 1149 
CHAP. XIV. CITY COUNSELOR. 


CHAPTER XIV. 
LAW DEPARTMENT. 


ARTICLE II. 
OF CITY COUNSELOR. 
(ORDINANCE 23038.) 


An ordinance to amend Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the Mu- 
nicipal Code of St. Louis in relation to the Law Department, as amended by Ordi- 
nance 20757, approved July 2, 1902, and entitled ‘‘An ordinance to amend Sec- 
tions 1282, 1285, 1286, 1290, 1291 and 1296 of the Municipal Code of St. Louis in 
relation to the Law Department;’’ and to amend Sections 1277, 1280, 1292 and 
1297 of the Municipal Code of St. Louis in relation to the Law Department, by 
striking out the same and enacting new sections in lieu thereof. Be it ordained 
by the Municipal Assembly of the City of St. Louis [R. C., secs. 1352, 1855, 1357, 
2060, 166151865. 1866, 1367, 1371, 1972], as follows: 


Section 1. Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the Municipal Code 
ot St. Louis, as amended by Ordinance 20757, approved July 2, 1902, and entitled 
“An ordinance to amend Sections 1282, 1285, 1286, 1290, 1291 and 1296 of the 
Municipal Code of St. Louis in relation to the Law Department,” and Sections 1277, 
1280, 1292 and 1297 of the Municipal Code of St. Louis relating to the Law De- 
partment, are hereby amended by striking out the same and _ inserting in lieu 
thereof the following: Section 1282: In addition to the qualifications prescribed 
by Section Ten of Article Four of the Charter, the Associate City Counselor shall 
have been licensed to practice law in the courts of this State at least eight years 
previous to his appointment; the Second Associate City Counselor shall have been 
licensed to practice law in the courts of this State at least six years previous to his 
appointment; and the Assistant City Counselor shall have been licensed to practice 
law in the courts of this State at least five years previous to his appointment. Sec- 
tion 1285: The City Counselor shall, with the approval of the Mayor, appoint a 
Chief Clerk, four Clerks and two Stenographers, who shall hold their respective 
offices at the pleasure of the City Counselor. Section 1286: In addition to the 
qualifications prescribed by Section Ten of Article Four of the Charter, the Clerks ° 
and the Stenographers shall be qualified voters of the City. Section 1290: The 
Assistant City Counselor shall receive a salary of Twenty-five Hundred Dollars per 
annum, payable monthly. Section 1291: The Chief Clerk shall receive a salary 
of One Hundred and Fifty Dollars per month; each of the clerks shall receive a sal- 
ary of One Hundred Dollars per month and Twenty-five Dollars per month for ex- 
penses in the discharge of duties that may be assigned to him, and said salary and 
expense money shall be paid monthly. Section 1292: Each of the Stenographers 
shall receive a salary of One Hundred Dollars per month, payable monthly. Sec- 
tion 1296: It shall be the duty of the Chief Clerk and of the Clerks to keep a rec- 
ord of all cases pending in any of the courts, showing the proceedings therein, both 
in court and before commissioners, write the reports in condemnation and 
change of grade proceedings, prepare the final judgments therein, make investi- 
gation of facts and collect evidence in cases in which the city is a party, make 
preparation thereof for trial, keep suitable indexes, prepare the oaths of commis- 
sioners in street opening proceedings, keep a record of the attendance of such 
commissioners, read proof on printed briefs, advertisements of benefit districts in 
street opening proceedings and other necessary printed matter, answer inquiries 
of members of the Municipal Assembly and of other interested parties respecting 
the progress of street openings, procure the investigation of titles and the prepara- 
tion of suitable piats and blue prints in street opening proceedings, keep a ledger 
of moneys appropriated for the department and vouchered out, and any other 
necessary accounts, prepare daily lists of the court entries applicable to any pend- 
ing litigation in which the City of St. Louis or any of its officials is interested, 
make lists of assignments and settings of cases, make preliminary examinations of 
all bonds and contracts which are to be submitted to the department, attend to 
telephone, run errands, assist in the investigation of any question of law or of fact 
submitted to the department, assist in the preparation of briefs, motions, plead- 
ings, bills of exceptions, and other legal papers and documents, and perform all 
such other duties as may be assigned to them by the City Counselor. Section 
1297: The Stenographers shall perform all services usually incident to such posi- 
tions, and shall also perform such other duties as may be required by the City 
Counselor. 


Approved April ist, 1907. 


1150 APPENDIX TO REVISED CODE. 


CHAP. XV-XVITI. LEGISLATIVE DEPT.—MISDEMEANORS. 


CHAPTER XV. 


LEGISLATIVE DEPARTMENT. 


ARTICLE II. 
OF ORDINANCES. 
(ORDINANCE 22594.) 


The Revised Code.—An ordinance in relation to ‘‘The Revised Code of St. 
Louis’’ and making reference to sections therein by number sufficient. [R. C., 
sec. 1414.] 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. In all official reference to any provision or provisions of the gen- 
eral ordinances, embodied in ‘“‘The Revised Code of St. Louis,’ after said Code 
shall have been adopted legally, as provided in Ordinance Number Twenty-two 
Thousand and Forty-six, approved June Twentieth, Nineteen Hundred and Five, 
it shall be sufficient to refer to said provision or provisions by section number, as 
the reference may require, of ‘‘The Revised Code of St. Louis.’”’ 


Approved October 15th, 1906. 


CHAPTER XVIII. 


MISDEMEANORS. 
| ARTICLE Il. 
OFFENSES AFFECTING PUBLIC ORDER AND PEACE. 
(ORDINANCE 22564.) 


Throwing Confetti, Flour, etc.—An ordinance to amend Chapter Eighteen of 
the Municipal Code by adding a new section, to be known as Section Number Four- 
teen Hundred and Fifty-nine A. [Rev. Code, sec. 1537a.] 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as foilows: 


Section 1. Chapter Eighteen of the Municipal Code is hereby amended by 
adding a new section, to be known as Section Fourteen Hundred and Fifty-nine A 
[R. C., sec’ 153%a], as follows: 

Sec. 1459a. Any person who, in this city, shall ev the public streets or high- 
ways or in the public parks, or other places where the public congregate, toss at or 
throw upon any one any quantities of flour or confetti,-or any other substance, 
shall be deemed guilty of a misdemeanor, and on conviction thereof, before either 
of the Police Justices of this city, shall be fined not less than Five Dollars nor more 
than Twenty-five Dollars for each offense. 


Approved Oct. 2, 1906. 


CHAPTER XXIl. 


PLUMBING AND DRAINLAYING. 
(ORDINANCE 23007.) 


Plumbers.—An ordinance to promote the public health; to create a Board of 
Examiners of Plumbers; to define the powers and duties of said board; to fix their 
term of office and compensation; to require the examination and registration of 
plumbers, and prescribing penalties for the violation of the ordinances relating to 
plumbing; to amend Sections Sixteen Hundred and Highty-nine and Sixteen Hun- 
dred and Ninety-seven of Chapter Twenty-two of the Municipal Code. [R. C., secs. 
1788 and 1796.] 


APPENDIX TO REVISED CODE. 1151 


CHAP. XXII. PLUMBING. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Board of Examiners of Plumbers: There is hereby created a 
Board of Examiners of Plumbers. The Mayor shall appoint one master or employ- 
ing plumber and one journeyman plumber, each of whom shall be a citizen of the 
United States and the State of Missouri, and a residént of the City of St. Louis for 
at least three years next before his appointment, and who shall have been actively 
engaged at the trade or business of plumbing for not less than five years, which 
two members, together with the Supervisor of Plumbing, who shall be chairman 
ex-officio, shall constitute the said Board of Examiners of Plumbers. 


Sec. 2. Term of office and compensation. The members of the Board of 
Examiners of Plumbers shall hold their office for the term of four years and until 
their successors are duly appointed and qualified. They shall, except the Super- 
visor of Plumbing, receive a salary of Twenty-five Dollars each per month, payable 
monthly. 


Sec. 3. Board to adopt rules, and ete. It shall be the duty of the Mayor to 
provide suitable quarters for the use of said board, and within ten days after this 
bill becomes an ordinance the Mayor shall notify said board to meet and organize) 
and when so notified said board shall meet, organize and adopt rules to carry into 
effect the provisions of this ordinance, and designate the time of meeting for the 
examination of applicants for plumbing license. Said board shall meet once each 
month, or oftener, as necessity requires, for the examination of any applicant or 
applicants for license as plumbers, or to hear and determine any charges which 
may be made against any master or journeyman plumber, or for the transaction 
of arly other business by the board. 


Sec. 4. Secretary, duties. The clerk to the Supervisor of Plumbing shall be 
secretary of the Board of Examiners of Plumbers, and shall be required to execute 
a bond to the City of St. Louis in the sum of One Thousand Dollars, to be approved 
by the Mayor. He shall keep a full and complete record of the proceedings and 
acts of said board; he shall register in a book to be kept by him for that purpose 
the name and residence and place of business of every licensed person, firm or cor- 
poration engaged in or working at the business of plumbing in the City of St. Louis; 
he shall provide all applicants for license application blanks and shall receive and 
file the same with the board when filled out by the applicant. He shall account to 
the board for all moneys received by him as secretary thereof. 


Sec. 5. Qualifications of licensees, ete. Upon satisfactory proof of the qualifi- 
cations and fitness of the applicant for plumbing license, the Board of Examiners of 
Plumbers shall thereupon issue to such applicant a certificate of qualification, which 
shall entitle the person named therein to engage in or work at the business of 
plumbing, as master or employing plumber or journeyman plumber, for the period 
of one year. No person shall be entitled to obtain from said board a certificate of 
qualification as master or employing plumber or as journeyman plumber, except as 
in this ordinance otherwise provided, who shall not have first passed a satisfactory 
examination before said board as to his knowledge, experience and skill of practical 
plumbing, house-draining and plumbing ventilation. : 


Sec. 6. Plumbers required to register. No person, firm or corporation shal} 
engage in or work at the business of plumbing in the City of St. Louis without first 
registering his name, place of business and residence with the Secretary of the 
Board of Examiners of Plumbers. Every such person, firm or corporation so regis- 
tered shall notify the Supervisor of Plumbing of any changes in his residence or 
place of business within ten days after the same shall have been made. 


Sec. 7. Plumbers licensed by other cities in this state. Whenever any person, 
firm or corporation shall have obtained a license as master or employing plumber 
or as a journeyman plumber from the Board of Examiners of Plumbers of any 
other city within this state, and desiring to engage in the business of plumbing in 
the City of St. Louis, upon presentation of such license the Board of Examiners of 
Plumbers shall issue such person, firm or corporation a certificate authorizing the 
holder thereof to engage in or work at the business of plumbing in the City of St. 
Louis. 


Sec. 8. Examination fee. The examination fee for license as master or em- 
ploying plumber or as journeyman plumber shall be One Dollar, which fee shall 
be paid to the secretary of said board, when the applicant for a license files his 
application for examination. All fees so paid to the secretary shall be paid by 
him to the Treasurer of the City of St. Louis. Each license issued by said board 
shall be renewed annually upon the payment to the secretary of said board of a 
fee of One Dollar. 


1152 APPENDIX TO REVISED CODE. 


CHAP. XXII. PLUMBING. 


Sec. 9. Power to revoke license. The board shall have power to revoke any 
license issued by it upon satisfactory proof that the holder of said license has 
violated any of the provisions of this ordinance, relating to the examination of 
plumbers, or for the violation of any rule of said board, adopted for the purpose 
of carrying out the provisions of this ordinance, or for the willful violation of any 
of the ordinances relating to plumbing, and if any such license shall be revoked, 
the same shall not be reissued within three months thereafter. 


Sec. 10. Penalty for violating ordinances. Any person, firm or corporation 
or the agent or officer of any such person, firm or corporation, who shall engage 
in or work at the business of plumbing in the City of St. Louis, except apprentices 
working for duly licensed plumbers, without first having been duly licensed as 
required by the provisions of this ordinance, shall be deemed guilty of a misde- 
meanor, and, upon conviction thereof, shall be fined not less than Ten Dollars 
nor more than One Hundred Dollars for each offense. 


Sec. 11. Section 1689 amended. Section 1689 of Chapter Twenty-two of the Municipal 
Code is hereby amended by striking out of the fourth line thereof the words 
‘ ylumbing or’’ and by striking out of the sixth line thereof the words “‘plumbing 
or,’ so that said section, when amended, shall read as follows: ‘‘Section 1689. 
Drain-layers to be registered. Said Board of Public Improvements is hereby au- 
thorized and directed to register, in a book kept for that purpose, the full name, 
residence and place of business of all persons, firms or corporations who may de- 
sire to engage in the business or trade of drain-laying in the city either as 
master or workmen, and to issue to such parties as are found competent certificates 
of authority to do drain-laying connected or to be connected, with the water supply 
or drainage system of the city; provided such persons, firm or corporations shall 
have fully complied with the conditions prescribed in this chapter.’’ 


Sec. 12. Section 1697 amended. Section 1697 of Chapter Twenty-two of the 
Municipal Code is hereby amended by striking from the second line thereof the 
word “plumber” and by striking from the third line thereof the words ‘‘practical 
plumber,’’ and by striking out of the lines four and five of said section the words 
“and to show such certificate to any inspector of plumbing or policeman on de- 
mand,’’ and inserting in lieu thereof the following words: ‘‘And it shall be the 
duty of every person employed or working at the trade or business of plumbing, 
drain-laying or sewer-building to show on demand his license or certificate to en- 
gage in such work to any inspector of plumbing or policeman,” so that said section, as 
amended, shall read as follows: Section 1697. Drain-layers and sewer-builders. 
Certificates. It shall be the duty of every person employed or work- 
ing at the trade or avocation of drain-layer or sewer-builder to secure a 
certificate [of] registration as drain-layer or sewer-builder from the Supervisor of 
Plumbing, and it shall be the duty of every person employed or working at the 
trade or business of plumbing, drain-laying or sewer-building to show on de- 
mand his license or certificate to engage in such work to any inspector of plumb- 
ing or policeman. The certificate shall specify the kind of work the person to 
whom it is given is authorized to do. Said certificate shall be given without 
charge for one year from the date thereof to all persons who furnish satisfactory 
evidence of their skill and experience in the kind of work the applicant desires to 
do. Persons to whom a certificate is refused shall have the right to appeal to the 
Board of Public Improvements, and in prosecuting such appeal to present oral 
and documentary evidence of fitness. The Board of Public Improvements may, 
after notice and opportunity to be heard, suspend any certificate for a definite 
period or cancel the same, if the party is found guilty of violating the ordinance 
or rules and regulations duly established, or is shown to be negligent, unskillful 
or unfaithful in his work, or to be a person unfit or unworthy of being trusted or 
employed in the work of plumbing or drain-laying. Work done by any uncertified 
workman, or one whose certificate has expired, been suspended or canceled, shall 
not be inspected and accepted. Inspectors and policemen are authorized to take 
up and return to the Supervisor of Plumbing any certificate found in the posses- 
sion of persons other than he to whom it was issued, and inspectors shall mark 
certificates as expired, suspended or canceled, when directed by the Supervisor of 
Plumbing so to do. 


Sec. 13. Appeals. First. Whenever any person shall be aggrieved by any 
finding or decision of the Board of Examiners of Plumbers, such person may ape 
peal from such finding or decision to the Board of Plublic Improvements. Second. 
No such appeal shall be allowed by the Board of Public Improvements unless the 
appellant shall first deposit with the clerk of the Board of Examiners of Plumbers 
the sum of Ten Dollars, as costs of such appeal, to be taxed as hereinafter pro- 


APPENDIX TO REVISED CODE. 1153 


CHAP. XXITA. PUBLIC RECREATION. 


vided, and shall, within ten days after the finding or decision of the Board of 
Examiners of Plumbers appealed from shall have been made, file with said Board 
of Public Improvements his petition stating wherein he had been prejudiced or 
aggrieved by the finding or decision of said Board of Examiners of Plumbers. If 
the appellant shall prevail on appeal, his deposit of costs shall be returned to him 
by the clerk of the Board of Examiners of Plumbers. Third. Whenever any 
person shall have complied with the provisions of Clause Two of this section it 
shall be the duty of the Board of Public Improvements, within twenty days there- 
after, to examine into and determine said appeal, and if said board be of the 
opinion that a correct determination of appellant’s complaint can not be had 
without the aid or advice of the Board of Examiners of Plumbers, they shall call 
said Board of Examiners of Plumbers before them to aid them in determining 
said appeal, and said Board of Examiners of Plumbers, when nofified that their 
aid and advice are required by the Board of Public Improvements, shall appear 
before said board and assist in the determination of said appeal. Fourth. The 
Board of Public Improvements shall certify to the Board of Examiners of Plumb- 
ers the result of its determination of all appeals, and when so certified the same 
shall be spread upon the records of the Board of Examiners of Plumbers, and 
said board shall be governed by and forthwith make all necessary orders to give 
full force and effect to the decision of said Board of Public Improvements. 


Approved April 1, 1907. 


CHAPTER XXII-A. 


PUBLIC BATHS AND PLAY-GROUNDS—PUBLIC RECREATION COM- 
MISSIONER. 


(ORDINANCE 22869.) 


Public Recreation Commission.—An ordinance to provide for the manage- 
ment, direction and care of all public play grounds, public baths and public recre- 
ation buildings, and to provide a commission for that purpose to be known as the 
public recreation commission. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. The management, direction and care of all public play grounds, 
public baths and public recreation buildings now existing, or hereafter established 
or erected, in the City of St. Louis, shall be vested in a-:commission of five mem- 
bers. The Park Commissioner of the City of St. Louis shall be, ex-officio, a 
member of and the chairman of said Commission. The four remaining members 
of the Commission shall be citizens and residents of the City of St. Louis, and 
shall serve without compensation, and shall be appointed as follows: Within 
thirty days after the approval of this ordinance the Mayor shall appoint four Com- 
missioners as aforesaid, one to serve until December thirty-first, nineteen hundred 
and seven; one to serve until December thirty-first, nineteen hundred and eight; 
one to serve until December thirty-first, nineteen hundred and nine, and one 
until December thirty-first, nineteen hundred and ten, and on the expiration of 
the above term of offices, the Mayor shall make appointments to fill vacancies as 
they occur, and the Commissioners so appointed shall serve for a term of four 
years. The members of the said commission shall elect one of their number to 
act as Vice Chairman. The commission so constituted shall be designated and 
known as the Public Recreation Commission. 

Sec. 2. The Commission may appoint, by and with the approval of the 
Mayor, the following officers and employes: First. A Secretary, who shall act 
as Secretary of said Commission and as General Superintendent of the work of 
the Public Recreation Commission, at a compensation not to exceed One Hundred 
and Fifty Dollars per month. Second. A General Director of Athletics, at a 
salary not to exceed One Hundred Dollars per month. Said General Director of 
Athletics shall be a qualified voter of the City of St. Louis and shall have been a 
resident of said city at least two years next preceding his appointment. Third. 
A Clerk, at a salary not to exceed Seventy-five dollars per month. Fourth. A 
Director for each play ground or recreation building at a salary not to exceed 
Seventy-five Dollars per month. Fifth. Instructors for play grounds or recrea- 
tion buildings or baths, who, when working half days, shall receive salayies not 
exceeding Forty-five Dollars per month. Working whole days, salaries not ex- 
ceeding Seventy-five Dollars per month. Sixth. Janitors, custodians and matrons 


1154 APPENDIX TO REVISED CODE. 
CHAP. XXIIA. PUBLIC RECREATION. 


of play grounds, baths or buildings, who shall receive salaries not exceeding Sixty 
Dollars per month. Seventh. In addition to the officers and employes herein 
specified, the Public Recreation Commission may employ such teams, carts, en- 
gineers, mechanics, laborers and other employes as may be required for the work 
of the Commission. The Public Recreation Commission shall have power to make 
all needful rules and regulations relating to the conduct and use of said play 
grounds, baths and recreation buildings. All payrolls and requisitions for sup- 
plies or repairs for said play grounds, baths and recreation buildings shall be 
signed by the Chairman and Vice Chairman of the Public Recreation Commission. 

See. 3. As soon as the Public Recreation Commission shall have been ap- 
pointed and organized, the Public Baths Commission shall turn over to it the 
management of the public play ground known as the Mullanphy Play Ground, 
situated at the southwest corner of Tenth and Mullanphy streets, heretofore con- 
ducted and operated by said Public Baths Commission under authority of Ordi- 
nance Number 21541, approved August 19, 1904, and thereupon said Public Baths 
Commission shall be relieved and discharged from the duties imposed upon it by 
said ordinance above mentioned. And the Park Commission of the City of St. 
Louis shall turn over to the Public Recreation Commission the Model Play Ground 
and Nursery heretofore conducted and operated under authority of Ordinance 
Number 21796, and thereupon the Park Commissioner shall be discharged from 
the duties imposed upon him under said ordinance. 


Approved March 11th, 1907. : 


CHARTER ats 
PUBLIC CARRIERS AND LICENSING OF VEHICLES. 
ARTICLE II. 
RATES OF LICENSES. 
(ORDINANCE 22899.) 


An ordinance to amend Article Two of Chapter Twenty-three of the Municipal 
Code (in relation to rates of licenses and regulation for vehicles), by striking out 
sections 1710: TR. C.; sec, 1814]; 714 [RUC seccLsis 1s 191.5 (agramendeneny 
Ordinance Number’ 22673)" Riv Covsee es22), anda ieould. 1C .escemisno) ean 
by substituting and inserting in lieu thereof new sections bearing the same num- 
bers; and also by adding a new section to be known as Section 1739A. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 
Section 1. Article Two of Chapter Twenty-three of the Municipal Code is 


hereby amended by striking out Sections 1710, 1714 and 1718 (as amended by : 


Ordinance Number 22673) and 1726, and by substituting and inserting in lieu thereof 
rew sections, bearing the same numbers, as follows: 

Sec. 1710. [R. C., sec. 1814.] Registered Number, How Kept—Penalties.— 
There shall be placed and kept conspicuously to view on every vehicle mentioned 
in this article, the registered number of such vehicle, so that the same can easily 
be read from the sidewalk. Such numbers shall be in plain, distinct and legible 
figures, each plate to be not less than one, two or three inches in width, and placed 
on each vehicle in the following manner: On drays and carts, the number shall 
be cast on metallic plates and placed on the outer side of the right shaft three 
inches in front of the body or bed of the cart or the dray; on wagons, the number 
shall be cast on metallic plates, and placed on the hind axle, or, where a body is 
used on such wagons, said numbers shall be placed on the right outer side thereof; 
on baggage wagons and furniture cars, the number shall be cast or painted on 
metallic plates and placed on the right outer side of the body; on hackney car- 
riages and cabs that occupy stands, the number shall be painted on the outer 
glass of the lamps in red color not less than two inches in length, and on omni- 
buses, the number shall be placed on some conspicuous place on the right outer 
side of the body thereof, so that it can be easily read from the sidewalk; and on 
private carriages, barouches and buggies, and on vehicles kept by livery stables 
for private orders, the numbers shall be cast or painted on neat metallic plates 
and placed upon said vehicles upon the spring bar or foot board or rear end of 
said vehicles, or owners of vehicles so desiring it may place the number plate on 
the outer side of the trace of the off horse, not more than ten inches from the 
collar of the horse, the same to be kept conspicuously to view. Painting or cover- 


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APPENDIX TO REVISED CODE. 1155 


CHAP. XXIII. LICENSES. 


ing over the plates, or placing the plate upon any other vehicle than the one for 
which the same was issued, except as hereinafter provided, will be deemed a mis- 
demeanor, and upon conviction the owner of the vehicle shall be fined as provided 
in Section Seventeen Hundred and Twenty-seven. A copy of this section shall be 
furnished by the license commissioner to each and every person taking out a 
license under the provisions of this article; provided, any person or persons who 
shall be the owner or owners of more than one vehicle belonging to either class 
aforesaid and who shall use but one of said vehicles at any one time upon the 
streets of the city, and who shall have complied with the provisions ot this article, 
and in accordance therewith paid his license under said classification, shall be 
permitted to place the number cf said license upon the harness of the horse or 
horses intended to be used in connection with said vehicle, and a registered num- 
ber of a higher grade may be used on or for a vehicle taxed for a less amount by 
the same person; and provided, further, that all vehicles kept at hotels for the 
use of hotel patrons shall be exempt from the provisions of this section; and that 
all vehicles belonging to the City of St. Louis or claimed as exempt from license 
by reason of being in the service of the City, shall have the word “‘City’’ painted 
on both sides of the outside of the bed or body of said vehicle. 


Sec. 1714. Additional Bond Required.—W henever application is made to the 
License Commissioner by the owner of any baggage wagon or hackney ‘carriage 
for a license, and bond shall have been given by such person as provided in the 
preceding section, the License Commissioner shall, before issuing the license to 
such person, certify to one of the Police Justices the name of the person applying 
for the license, the kind of the vehicle and the number thereon, and such person 
shall enter into additional bond with good and sufficient security to be approved 
by the Police Justice, in a sum not less than one hundred dollars, conditioned 
that he will strictly observe and abide by all requirements, provisions and pen- 
alties of this article, and the Police Justice after approval thereof shall transmit 
said bond to the License Commissioner, who shall file the same in his office, 
whereupon the License Commissioner may issue the license to such person.-—(a.) 

(a) [Note.] 7Zhzs section was repealed by a former ordinance: see note ta 
sec. Rev. Code, sec. 1818. 

Sec. 1718. [R. C., see. 1822.] Vehicles—What Lights to be Exposed On. 
Every hackney carriage, cab or cabriolet, when driven in the night, shall have 
fixed on some conspicuous part of the outer side thereof two lighted lamps, with 
plain glass front and sides, on which shall be painted in red and legible figures, 
at least one inch long, the registry number thereof. All omnibuses when driven 
in the night shall have lighted lamps or candles inside thereof, with number of 
said omnibus in front of said lamp or light. All wagons, trucks, automobiles, 
bicycles and all other wheeled vehicles, except as below specified, while in use on 
the streets at night, shall display one or more lights or lanterns. All trucks, 
wagons or other vehicles intended for heavy hauling, and whose ordinary use is 
during the daylight hours, shall, while in use on the streets at night, display one 
or more lights between the hours of eight p. m. and five a. m. A fine of not less 
than five nor more than twenty-five dollars shall be assessed for a violation of any 
of the provisions of this section. 

Set: bine. PRe C.. sec. 13350. ] Posting Rates in Carriages, Etc. The 
owner or driver of any hackney carriage, or other vehicle used for the transpor- 
tation of persons for hire, shall keep on the inside of each carriage or vehicle 
hung up in a conspicuous and prominent manner so as to be easily seen and read, 
a printed copy of the rates of established fare by this article. Said copy shall be 
printed in black ink on thick white card paper not less than ten inches square, 
and the type used for printing said rates shall be roman type not less in size than 
that known as double primer, and passengers or other persons employing such 
carriage or other vehicle shall have the right to examine such copy before paying 
their fares. 

Said cards to be furnished by the License Commissioner; provided, that the 
provisions of this section shall not apply to private carriages or to carriages owned 
and used by livery stables. 

Sec. 2. Hackney Carriage Defined.—Article Two of Chapter Twenty-three of 
the Municipal Code is hereby further amended by adding thereto a new section 
to be known as Section 1739 A [R. C., sec. 1843a], as follows: Section 1739 A. 
Wherever the term hackney carriage is used in the preceding sections it shall be 
understood to mean a carriage that stands on the public streets or at public hack 
stands, soliciting public patronage, and it shall not be understood to mean a ecar- 
riage kept by a livery firm for private use or for private orders only. 


Approved March 18th, 1907. 


1156 APPENDIX TO REVISED CODE. 


CHAP. “S-XTIT. , VEHICLES. 


(ORDINANCE 22673.) 


Vehicles—Signal Lights.—An ordinance to amend Section 1718 of the Mu- 
nicipal Code of.the City of St. Louis [R. C., sec. 1822] in relation to signal lights 
on vehicles. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Amend Section 1718 of the Municipal Code [R. C., sec. 1822] by 
striking out said section and inserting in lieu thereof the following: 

See. 1718. Vehicles—What Lights to be Exposed. On every hackney car- 
riage, cab cr cabriolet, when driven in the night, shall have [be] fixed cn some con- 
spicuous part of the outer side thereof two lighted lamps, with plain glass front 
and sides, on which shall be painted in red and legible figures, at least one inch 
long, the registry number thereof. All omnibuses, when driven in the night, shall 
have lighted lamps or candles inside thereof, with number of said omnibus in 
front of said lamp or light. All wagons, trucks, automobiles, bicycles and all 
other wheeled vehicles, except as below specified, while in use on the streets at 
night, shall display one or more lights or lanterns. 

All trucks, wagons or other vehicles intended for heavy hauling, and whose 
ordinary use is during the daylight hours, shall, while in use on the streets at 
night, display one or more lights between the hours of eight p. m. and five a. m. 


A fine of not less than five nor more than twenty-five dollars shall be as-- 


sessed for a violation of any of the provisions of this section. 
Approved November 15, 1906. 


‘CHAPTERSXXYVIT: 


RECORDER OF DEEDS. 
(ORDINANCE 22883.) 


Recorder of Deeds—Employes.—An ordinance to repeal Ordinance Number 
21569, entitled “‘An ordinance to repeal Sections 1937 and 1938 of the Municipal 
Code of St. Louis, and to enact two new sections in lieu thereof, to be known as 
Sections 1937 [R. C., sec. 2054], and 1938 [R. C., sec. 2055], respectively, in re- 
lation to the Recorder of Deeds, approved September 26, 1904, also Ordinance 
15107, entitled ‘“‘An ordinance amendatory of Chapter Thirty-five of an ordinance 
in revision of the ordinances of the City of St. Louis and to establish new ordinance 
provisions for the government of said City, approved April 12, 1887, as amended 
by Ordinance Number 14341, approved March 6, 1888, in relation to the Recorder 
of Deeds, approved June 26, 1889, and also Sections 1940 of the Municipal Code 
of St. Louis, and to enact in lieu thereof two new sections to be known as Sections 
1937 and 19388, respectively, in relation to the Recorder of Deeds. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Ordinance Number 21569, entitled “An ordinance to repeal Sections 1937 
and 1938 of the Municipal Code of St. Louis, and to enact two new sections in 
lieu thereof to be known as Sections 1937 and 1938, respectively, in relation to 
the Recorder of Deeds, approved September 26, 1904, and Ordinance Number 
15107, entitled ‘““An ordinance amendatory of Chapter Thirty-five of an ordinance 
in revision of ordinances of the City of St. Louis, and to establish new ordinance 
provisions for the government of said City, approved April Twelfth, 1887, as 
amended by Ordinance 14341, approved March 6, 1888, in relation to the Recorder 

of Deeds, approved June 26, 1889, and section 1940 of the Municipal Code of St. 
- Louis are hereby repealed and the following two new sections are hereby enacted 
in lieu thereof, to be known as Sections 1937 and 1938, respectively. ; 


Sec. 1937. [R.C., sec. 2054.] The Recorder shall receive a salary of Four 
Thousand Dollars per annum, he shall collect all fees as prescribed by law, and 
pay the same into the City Treasury daily. He is authorized to appoint the fol- 
lowing deputies, clerks and assistants: One Chief Deputy and six deputies, one 
of whom shall be known as releasing deputy; one marriage license clerk, one 
assistant marriage license clerk; each of the above employes shall be empowered 
to administer oaths; one superintendent of index, folio department, one competent 
draughtsman, eight comparers, two indexers, ome delivery clerk, two janitors, one 


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APPENDIX TO REVISED CODE. 1157 


CHAP. XXVII. RECORDER OF DEEDS. 


watchman of records; one marriage indexer, who shall be a competent stenog- 
rapher, and such recording clerks in folio department as the business of the de- 
partment may require. 

Sec. 1938. The above-named employes shall receive in full payment for their 
services the following salaries: The chief deputy two hundred dollars per nyonth; 
the deputies each one hundred and twenty-five dollars per month; the superin- 
tendent of index and folio department one hundred dollars per month; the 
draughtsman one hundred dollars per month; the comparers each ninety dollars 
per month; the indexers each one hundred dollars per month; the delivery cterk 
seventy-five dollars per month; the janitors each fifty dollars per month; the 
watchman of records fifty dollars per month; the marriage license clerk one hun- 
dred dollars per month; the assistant marriage license clerk seventy-five dollars 
per month; the marriage indexer seventy-five dollars per month; the recording 
clerk shall be paid at the rate of five cents per folio of one hundred words. The 
number of recording clerks shall not exceed ten unless the increase of business 
of the office renders additional recording clerks indispensable, and all recorder 
clerks in excess of ten shall be appointed only with the approval of the Mayor. 


Approved March 13th, 1907. 


CHAPTER XXIX. 


OF ASSESSMENT OF PROPERTY. 
ARTICLE I. 
BOARD OF ASSESSORS. 
(ORDINANCE 22930.) 


Assessment Districts.—An ordinance to amend Sections 1968, 1969, 1970, 
1971, 1972, 19738, 1974, 1975,,1976 and 1977, of the Municipal Code of the City 
of St. Louis [R. C., secs. 2085 to 2094], in relation to assessment districts. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


SeclU ele mecliNus J90S, tensed Ot). LOTS) TOTS. 1974, 1975. 1976 
and 1977, of the Municipal Code are hereby amended by striking out said sections 
and inserting in lieu thereof the following: 

Sec. 1968. First District. Shall embrace all that territory bounded on the 
north by Cherokee street from the Mississippi river to Grand avenue, and Mc- 
Donald avenue from Grand avenue to Morganford road and Fyler avenue from 
Morganford road to center line of River des Peres and Piccadilly avenue from 
center line of River des Peres to City Limits of Highteen Hundred and Seventy- 
six. East by the Mississippi river and south and west by City Limits of Eighteen 
Hundred and Seventy-six. ; 

Sec. 1969. Second District. Bounded on the north by Trudeau street and 
North Trudeau street from Mississippi river to Broadway and Shenandoah ave- 
nue from Broadway to Tower Grove avenue, thence south along east line of Tower 
Grove avenue to south line of Magnolia avenue; thence west along Magnolia ave- 
nue to King’s Highway boulevard, thence south along King’s Highway boulevard 
to Fyler avenue; on the south by the north boundary of the First District from 
Mississippi river to King’s Highway boulevard; on the east by Mississippi river. 

Sec. 1970. Third District. Bounded on the south by the north boundary of 
the Second District, on the north by Miller street from Mississippi river to Breoad- 
way and Park avenue from Broadway to west line of Tower Grove avenue, thence 
north along west line of Tower Grove avenue to Manchester avenue, thence west 
along Manchester avenue to King’s Highway boulevard, west by King’s Highway 
boulevard, east by the Mississippi river. 

Sec. 1971. Fourth District. Bounded on the south by north boundary of 
the Third District, on the north by Market street from Mississippi river to junc- 
tion of Market street with Laclede avenue, thence west along Laclede avenue to 
Taylor avenue, west by Taylor avenue and east by Mississippi river. 

Sec. 1972. Fifth District. Bounded south by north boundary of Fourth Dis- 
trict, on the north by Lucas avenue from Mississippi river to Grand avenue and 
Delmar boulevard from Grand avenue to Taylor avenue, on the east by Mis- 
sissippi river, on the west by Taylor avenue. 


1158 APPENDIX TO:REVISED CODE. 


CHAP. “XA ASSESSMENT OF PROPERTY. 


Sec. 1973. Sixth District. Bounded on the south by north boundary of 


Fifth District, on the north by Mullanphy street from Mississippi river to Broad- 
way and Cass avenue from Broadway west to its junction with Haston avenue, 
thence west along HBaston avenue to Taylor avenue, on the east by Mississippi 
river, on the west by Taylor avenue. 

Sec, 1974. Seventh District. Bounded on the south by north boundary of 
Sixth District, on the north by St. Louis avenue from Mississippi river to Tenth 
street, Hebert street from Tenth street to Prairie avenue and Ashland avenue 
from Prairie avenue to Taylor avenue, on the east by Mississippi river, on the west 
by Taylor avenue. 


Sec. 1975. Eighth District. Bounded- on the south by north boundary Ole 


Seventh District and Natural Bridge road from Taylor avenue to City Limits of 
Highteen Hundred and Seventy-six, on the east by Mississippi river, on the north 
and west by City Limits of Eighteen Hundred and Seventy-six. 

See. 1976. Ninth District. Bounded on the north by Natural Bridge road 
from Taylor avenue to City Limits of Eighteen Hundred and Seventy-six, east by 
Taylor avenue from center line of Lewis place to Natural Bridge road, on the 
south by center line of Lewis place from Taylor avenue to Walton avenue and 
Fountain avenue from Walton avenue to King’s Highway boulevard, Cabanne 
avenue from King’s Highway boulevard to Union boulevard, Maple avenue from 
Union boulevard to City Limits of Highteen Hundred and Seventy-six, and west 
by City Limits of Highteen Hundred and Seventy-six. 

Sec. 1977. Tenth District. Bounded on north by south boundary of Ninth 
District, east by west boundaries of Districts Two, Three, Four, Five and Six; 
south by north boundary of First District from King’s Highway boulevard to City 
Limits of Eighteen Hundred and Seventy-six, and west by City Limits of Highteen 
Hundred and Seventy-six. 


Approved March 21st, 1907. 


CHAPTER XXXI. 


SUBJECTS AND OBJECTS OF LICENSES. 
ARTICLE IV. 
OF DRAMSHOPS. 
(ORDINANCE 22868.) 


Dramshops—Saloons Near Certain Parks Prohibited.—An ordinance to re- 
peal Section 2037 of the Municipal Code of the City of St. Louis, relating to the 
establishment and location of saloons, and to enact in lieu-thereof a new section, 
to be known as Section 2037. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section 2037 of the Municipal Code of the City of St. Louis is 
hereby repealed. 

Sec. 2. The following section, to be known as Section 2037, is hereby enact- 
ed in lieu of Section 2037, hereinbefore repealed. Said new section to read as 
follows: 

Sec. 2037. No saloon shall hereafter be established, opened or located on 
any lot of ground, or in any building within four hundred feet of Lafayette, 
Tower Grove, O’Fallon, Carondelet and Forest Parks; provided, however, that this 


provision shall not apply to hotels or apartment house buildings of not less than 


two hundred and fifty rooms, which buildings are so constructed as to be build- 
ings of the first class, as defined by the building laws of the City of St. Louis. 


Approved March 11, 1907. 
ARTICLE VII. 
HOTELS AND BOARDING HOUSES. 
(ORDINANCE 22573.) 


Hotel License.—An ordinance to amend Section 2054 of the Municipal Code 
of St. Louis [R. C., sec. 2174], in relation to the licenses of Hotels and Boarding 
Houses. 


— 


APPENDIX TO REVISED CODE. 1159 


CHAP. XXXII. LICENSES. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section 2054 of the Municipal Code [R. C., sec. 2174] of St. Louis is 
hereby amended by striking out said section and substituting and irserting a new 
section in lieu thereof, to be known by the same number, so that the section as 
amended shall read as follows: 

Sec: 2054. There shall be levied and collected for every hotel or boarding 
house the sum of fifty cents for each and every room in such house, which has 
been constructed or intended to be used as bedrooms or parlors, the payment of 
which amount shall entitle such hotel or boarding house to a license for one 
year, and no license shall be issued for a less term than one year, said license 
in each case to run from the first day of February of such year. 


Approved Oct. 2, 1906. 
ARTICLE VIII. 
HOUSE AND REAL ESTATE AGENTS. 
(ORDINANCE 22597.) 


Real Estate Agents’ Licenses.—An ordinance to amend Section Number 
2058 of the Municipal Code of St. Louis [R. C., sec. 2178], in relation to real estate 
agents’ and brokers’ licenses. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section number 2058 of the ‘Municipal Code of St. Louis, in relation 
to real estate agents’ and brokers’ licenses, is hereby amended by striking out said 
section and substituting and inserting a new section in lieu thereof, to be known by 
the same number, so that said section, as amended, shall read as follows: 

Sec. 2058. Every person or firm, composed of one or more persons, engaged 
in the business defined in the foregoing sections shall pay an annual license of 
twenty-five dollars, which shall be payable before any such person or firm shall 
be permitted to transact any business; and if such person or persons: fail to pay 
said license, then he or they shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, be fined not less than one hundred dollars nor more than two 
hundred dollars, said license in each case to run from the first day of May of such 
year. 


Approved October 15th, 1906. 


ARTICLE XII. 
OF ORDINARIES OR RESTAURANTS. 
(ORDINANCE 22596.) 


Ordinaries and Restaurants.—An ordinance to amend Section 2086 of the 
Municipal Code [R. C., secs. 2207, 2208] of St. Louis, as amended by ordinance 
number 20528, in relation to ordinaries. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section 2086 of the Municipal Code of St. Louis, as amended by 
ordinance number 20528 [R. C., secs. 2207, 2208], is hereby amended by striking out 
said section and substituting and inserting a new section in lieu thereof to be known 
by the same number, so that said section, as amended, shall read as follows: 

Sec. 2086. Ordinaries or restaurants are hereby divided into four classes: 
Ordinaries or restaurants of the first class are those with a seating capacity for one 
hundred or more patrons or guests; ordinaries or restaurants of the second class 
are those with a seating capacity for more than fifty and less than one hundred 
patrons or guests; ordinaries or restaurants of the third class are those with a 
capacity for seating twenty or less than fifty patrons or guests; ordinaries or 
restaurants of the fourth class are those with a capacity for seating twenty or less 
patrons or guests. On all ordinaries or restaurants of the first class there shall 
be levied and collected as a license the sum of fifty dollars, which license shafJl 
authorize the party therein named to carry on the business of an ordinary or 
restaurant of the first class for a term of six months. On all ordinaries or res- 
taurants of the second class there shall be levied and collected as a license the 
sum of thirty dollars, which license shall authorize the party therein named to 
carry on the business of an ordinary or restaurant of the second class for a term 


1160 APPENDIX TO REVISED CODE. 


CHAPSAXAL LICENSES. 


of six months. On all ordinaries or restaurants of the third class there shall be, 
levied and collected as a license the sum of ten dollars, which license shall au- 
thorize the party therein named to carry on the business of an ordinary or restau- 
rant of the third class for a term of six months, and on all ordinaries or restau- 
rants of the fourth class there shall be levied and collected as a license the sum of 
five dollars, which license shall authorize the party therein named to carry on the 
business of an ordinary or restaurant of the fourth class for a term of six months, 
said license in each case to run from the first day of May or November of such 
year. Any person or persons, firm or corporation, who shall carry on the business 
of an ordinary or restaurant of any said classes without first obtaining a license 
therefor from the License Collector, or who, under a license for an ordinary or 
restaurant of one class, shall carry on the business of an ordinary or restaurant 
of a higher class, shall be deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than twenty-five dollars nor more than one hundred 


dollars. 
Approved October 15, 1906. 


ARTICLE XIV. 
OF PEDDELRS AND HAWKERS. 
(ORDINANCE 22574.) 


Peddlers’ and Hawkers’ License.—An ordinance to amend Section 2100 of the 
Municipal Code [R. C., sec. 2222] of St. Louis, in relation to license of peddlers 


and hawkers. 
Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section Number 2100 of-the Municipal Code [R. C., sec. 2222] of St. 
Louis, in relation to license of peddlers and hawkers, is hereby amended by striking 
out said section and substituting and inserting a new section in lieu thereof, to be 
known by the same number, so that said section as amended shall read as follows: 

Sec. 2100. There shall be levied and collected of every person carrying on 
the business of a peddler or hawker, who carries the goods he offers for sale on 
foot or in push cart, the sum of ten dollars, and there shall also be levied and 
collected of every person carrying on the business of peddler or hawker who 
carries the goods he offers for sale in one-horse wagon, or other vehicle, the sum 
of fifteen dollars, and for a two-horse wagon or other vehicle the sum of twenty- 
five dollars, the payment of which shall entitle such peddler or hawker to a license 
for a period of twelve months, and shall exempt him from the payment of a li- 
cense for such vehicle. Every such license shall show the place of residence of 
such peddler or hawker, and such peddler or hawker shall have his name and the 
number of his license painted conspicuously on both sides of his wagon, or other 
vehicle, and shall carry such license with him and exhibit the same whenever re- 
quired by any police or other officer authorized under the law or ordinance to 
make arrests. Any wagon peddler duly licensed under this article may have one 
driver to assist him, but no other assistants, while engaged in peddling or hawk- 
ing, and only one person shall engage in peddling or hawking as foot peddler or 
with push cart under any license issued in pursuance of this article, said license to 
run from the first day of June of such year. 


Approved October 2, 1906. 
ARTICLE XV. 


OF RAILWAY TICKET BROKERS. 
(ORDINANCE 22600.) 


Railway Ticket Brokers’ Licenses.—An ordinance to amend Section Number 
2111 of the Municipal Code of St. Louis [R. C., sec. 2233], in relation to licenses of 
railroad ticket brokers. 


Be it Ordained by the Municipal Assembly of the City of St. Lowis, as follows: 


Section 1. Section Number 2111 of the Municipal Code of St. Louis ,R. C., sec. 
2233], is hereby amended by striking out said section and substituting and inserting 
a new section in lieu thereof, to be known by the same number, so that said section, 
as amended. shall read as follows: 


APPENDIX TO REVISED CODE. 1161 


CHAP. XXXI. . ; LICENSES. 


Sec. 2111. There shall be levied and collected on every license granted un- 
der this article the sum of fifty dollars before the delivery thereof. Each license 
shall be granted for one year, and on its face shall plainly express that it will be 
forfeited by any violation of this article, and shall also show plainly the time when 
it shall expire, together with the name of the person authorized to do business 
under the license, as also express on its face that the license shall entitle the 
person named therein to carry on the business of ticket broker at the office only, 
said license to run from the first day of May of such year. 


Approved Oct. 15th, 1906. 


ARTICLE XVII. 
OF STOCKYARDS, SALES STABLES AND HORSE AND CATTLE DEALERS. 
(ORDINANCE 22599.) 


Stock Yards License.——An ordinance amending Section Number Twenty-one 
Hundred and Twenty-eight of the Municipal Code of St. Louis [R. C., sec. 2250], 
in relation to license of stock yards. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section Number Twenty-one Hundred and Twenty-eight of the 
Municipal Code of St. Louis [R. C., sec. 2250], in relation to license of stock 
yards, is hereby amended by striking out said section and inserting in lieu 
thereof a new section, to be known by the same number, so that said section, as 
amended, shall read as follows: 

Sec. 2128. The proprietor of each stock yard in the city shall pay in advance 
to the collector an annual city license therefor of one hundred and fifty dollars, 
said license to run from the first day of January of such year. 


Approved October 15th, 1906. 


(ORDINANCE 22598.) 


Sales Stables—Licenses.—An ordinance to amend Section Number Twenty- 
one Hundred and Twenty-nine of the Municipal Code of St. Louis [R. C., sec. 
2251], in relation to licenses for sales stables. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section Number Twenty-one Hundred and Twenty-nine of the 
Municipal Code of St. Louis [R. C., sec. 2251] is hereby amended by striking out 
said section and inserting and substituting a new section in lieu thereof, to be 
known by the same number, so that said section, as amended, shall read as follows: 

Sec. 2129. The proprietor or keeper, or the proprietors or keepers, of each 
sale stable in the city shall pay, in advance, an annual license therefor of twenty- 
five dollars, said license to run from the first day of January of such year. 


Approved October 15th, 1906. 


(ORDINANCE 22601.) 


License of Horse and Cattle Dealers.—An ordinance amending Section Num- 
ber Twenty-one Hundred and Thirty of the Municipal Code of St. Louis, in rela- 
tion to license of horse and cattle dealers. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section Number Twenty-one Hundred and Thirty of the Municipal 
Code of St. Louis [R. C., sec. 2252] is hereby amended by striking out said sec- 
tion and substituting and inserting in lieu thereof a new section to be known by 
the same number so that said section as amended shall read as follows: 

Sec. 2130. [R. C., sec. 2252.] Each person or persons, copartnership or 
corporation engaged in the city in the business of horse and cattle dealer or 
dealers, as defined in this article, shall pay in advance an annual license therefor 
of twenty-five dollars, said license in each case to run from the first day of Jan- 
uary of such year. 


Approved October 15th, 1906. 


1162 APPENDIX TO REVISED CODE. 


CEEAPTEXEX OG LT, TREASURY. 


ARTICLE XX. 


MISCELLANEOUS PROVISIONS. 
(ORDINANCE 22576.) 


Licenses—Terms.—An ordinance amending Section Number Twenty-one 
Hundred and Forty-nine [R. C., sec. 2275] of the Municipal Code of St. Louis, in 
relation to term of licenses. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Section Twenty-one Hundred and Forty-nine of the Municipal 
Code of St. Louis [R. C., sec. 2275], in relation to term of licenses, is hereby 
amended by striking out said section and substituting and inserting in lieu thereof 
a new section, to be known by the same number, so that said section, as amended, 
shall read as follows: 


Sec. 2149. Licenses granted under this article shall continue in force twelve 
months, except as otherwise provided. No license of any kind shall be issued for 
a shorter period than that specified in each instance in this article, except in such 
cases as upon full statement of the facts appear to the License Collector worthy 
of charitable consideration, and that the applicants are truly unable to pay license 
for the full period stated. In such cases the License Collector, with the approval 
or upon the recommendation of the Mayor, is authorized to issue license for 
shorter periods, not less than one month, at pro rata rates, unless otherwise 
therein provided licenses granted for twelve months shall be for periods beginning 
at the following dates: Bill Posters and Theaters, January first; Engravers and 
Lithographers, April first; Photographers, May first, and Mercantile Agents, July 
first. 


Approved October 2, 1906. 


CHAPTER XXXVII. 
TREASURY DEPARTMENT. 
ARTICLE I. 
; OF THE DEPARTMENT. 
(ORDINANCE 22865.) 


Renewal Bonds.—An ordinance authorizing the Mayor and Comptroller to 
issue and sell bonds of the City of St. Louis in renewal on bonds for which the 
City of St. Louis is liable. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. Under authority of Section Twenty-six, Article Three, of the 
Charter of the City of St. Louis, the Mayor and Comptroller are hereby authorized 
to issue, sell and deliver bonds of the City of St. Louis to an amount not exceed- 
ing two million dollars, to redeem renewal bonds amounting to two million dollars © 
maturing June twenty-fifth, nineteen hundred and seven, which said bonds thus 
maturing were issued under authority of Ordinance Thirteen Thousand Nine Hun- 
dred and Thirty-two, approved March Fifteenth, eighteen hundred and eighty- 
seven. 


Sec. 2. The bonds authorized by this ordinance and the coupons attached 
thereto shall be made payable to the bearer in United States gold coin in the City 
of New York, or, if he so elects, in the City of London, England, in pounds ster- 
ling, at the rate of four dollars eighty-six cents six and one-half mills, and at 
such place therein as the Mayor and Comptroller may determine. Said issue of 
bonds shall be dated the twenty-fifth day of June, nineteen hundred and seven, 
and shall consist of two thousand bonds of the par value of one thousand dollars 
each, and shall bear interest at a rate not to exceed four per centum per annum, 
payable semi-annually, and said interest shall be represented by semi-annual cou- 
pons attached to said bonds, the principal of said bonds shall be payable twenty 
years from date of their issue, and both principal and interest shall be payable 
in gold coin of the United States, of the present standard of weight and fineness, 
and in pounds sterling in London as above provided. 


APPENDIX TO REVISED CODE. 1163 


CHAP. XXXVIII. COLLECTOR WATER RATES. 


Sec. 3. Said bonds shall be engraved and shall be signed by the Mayor, 
Comptroller and Treasurer of the City of St. Louis, and attested by the Register 
with the seal of the City of St. Louis thereto affixed, and shall in all respects be 
numbered and registered as other city bonds, the name of the City Treasurer may 
be engraved on the coupon. Said bonds shall contain a provision that they may, 
at the option of the holder, be exchangeable for registered bonds. 


Sec. 4. The Mayor and Comptroller shall sell said bonds for the best ob- 
tainable price, either at public or private sale, as they may deem most expedient. 
The Comptroller of the City of St. Louis shall deliver the said bonds to the pur- 
chaser thereof on receipt of the purchase money or a certified check therefor, pay- 
able’ to the order of the City of St. Louis, and the proceeds of the sale of said 
bonds are hereby appropriated to and to be used in the payment and redemption 
of the principal of the two million dollars of bonds of the City of St. Louis, dated 
June twenty-fifth, eighteen hundred and eighty-seven, maturing June twenty- 
fifth, nineteen hundred and seven, and for no other purpose, and said maturing 
bonds when paid shall be stamped by the City Auditor as follows: This bond is 
paid and cancelled out of the proceeds of bonds issued and dated June twenty- 
fifth, nineteen hundred and seven. 


Approved March 8, 1907. 


CHAPTER. XXXVIIL. 


WATER RATES DEPARTMENT. 
ARTICLE I. 


OF ASSESSOR AND COLLECTOR. 
(ORDINANCE 23000.) 


Assessor and Collector of Water Rates—Additional Clerks.—An ordinance 
authorizing the Assessor and Collector of Water Rates to appoint three additional 
clerks and two additional inspectors. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. In addition to the number of clerks and inspectors now em- 
ployed in the Water Rates Department, the Assessor and Collector of Water Rates 
shall be empowered to appoint five additional employes, three to serve as clerks 
‘" and inspectors, at ninety dollars per month salary, and two as inspectors and turn- 
keys at seventy-five dollars per month; salaries to be paid monthly; the above ap- 
pointments to take effect in the beginning of the next fiscal year, April ninth, nine- 
teen hundred and seven. 


Approved April 1, 1907. 


1164 APPENDIX TO REVISED CODR. 


MISCELLANEOUS. 
(ORDINANCE 22593.) 


Missouri Historical Society.—An ordinance authorizing the erection in For- 
est Park of a building to be devoted to the purposes of preserving objects of his- 
torical archaeological interest. 


Be it Ordained by the Municipal Assembly of the City of St. Louis, as follows: 


Section 1. The Missouri Historical Society, a Missouri corporation, is hereby 
authorized to erect within Forest park in this city a building which, together with 
the site upon which it is located, shall be devoted to the use of this institution 
forever as trustee for the people of Missouri for the preservation and exhibition 
of objects of historical and archaeological value and interest and such other pur- 
poses as are or may become usual in institutions for the promotion of historical 
study, research and instruction. 


Sec. 2. The location of said building shall be determined by the Board of 
Control hereinafter provided. 


Sec. 3. Said building shall be erected subject to the following provisions: 
‘The building when completed shall be the property of the city for the uses herein- 
after provided, and no other. The building, its erection and its permanent man- 
agement shall be under the direction and jurisdiction of a Board of Control to 
consist of the President and members of the Advisory committee of the Missouri 
Historical Society, the Mayor, the President of the City Council, the Speaker of 
the House of Delegates, the Comptroller, the President of the Board of Public 
Improvements and the Park Commissioner of the City of St. Louis. The collec- 
tion of articles of historical and archaeological interest in said building shall be 
kept on exhibition free of charge to the public, within reasonable hours of the 
day, under the reasonable rules and regulations of said Board of Control. 


Approved October 12, 1906. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1165 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


INDEX TO REVISED CODE. 


A 


ABATEMENT— PAGE. SEC. 
of nuisances, see Nwisance. 
Dr proceed ines7104 b DlICe; COULUS,» DYy COAL dy -f8e oars sareua’S a tunis wae’ oes 818 
ABORTIONS— 
Bale sOMmrOU Lure DOM TEORUGCE SLOLOMIUGIT 190.5 's' dale seach ak ais ole aided dreck alate 687 546 
ew 
MISLED CO eat VErtISi nes MaAtlOret Ole CLG i sak cue dete Cauelei e's 873 ! fee 
publication in newspaper of advertising matter concerning...... 873 1625 
ABSENCE— p 
Se eye, phe Sead Tae) eMNg Goo ttle SE ie iG. enone ARON hg A Be re on aR 908 1688 
TOD POUeAWECK as WLLOOUL. IGHVOs, VACALES, OLNCO oko. Pe oa ee be ke Jes 908 1688 
of chief, who may act. See names of Officials. 
ACTIONS— 
for recovery of money paid by city to correct violations of 
PTL U ETS eR CUILL OP er rete tec eer a aeeaes Wnts te Pane At aeetacs 16 Gi wath Sis ives 611 219 
COCR EYy ASU EVOY OFS. toe cle cape to ait hie ate wus eee eve ha eters 614 ni 
for expense occasioned by erection of drinking fountains........ 620 272 
against city for damages by Fire Department. (Note to Sec. 302) 629 302 
eyo GH POUT Von GODOT ree taal scat fas chin cratetlebain tae Wok > oie lehe Mess es 659 421 
RI COUUNCATION. Ol Mitt kk OLlnCeL: DIOLECLCO. Sedees aks 4s ds se lhwe as 679 509 
against contractors failing to reconstruct when ordered........ 756 892 


to private persons, based on violation of ordinances. (See note 
to Sec. 1234, p. 810; also to Sec. 1864, p. 951). 


in Police Courts for fines, violating ordinances, on civil........ 816 1265 
in Police Courts, when civil and when criminal in nature. (See 

NS) Foe pb BaP ROG TG GAGS TR ORS woe UO Oe Sten OR gen SAS Al na ia nee 816 
in Police Courts—See Police Courts. 
inswhich City a party. record, of by 1 Cits:- Counselor: 2. 6.52.45. 841 1368 
duties of Clerks of City Counselor respecting—See Appendix, 

CAGE, Gea ain cide o's d thera ans 2 i RE POR S ok PLN RTO er ODE 1149 

849 1403 
HOtmauecveapy-1repeals OF “OTGINANeeSae i.e ce 2 cee cee sh aie ele a bre 849 1405 
850 1406 
MEPOLMLOr Ca lisom ES taCUCiOl Olu ce earet orcas ole eiess SEE slaves ove b's 866 1495 
on bonds securing public work. See note to Sec. 1989......... 987 
Ono Mapulaceturers WONnGS) When | direGCved eirees sues. ec kc eee de ad 103 2190 
on drainlayers’ bond for defective sewer work................. 1060 2306 
for defective sewer work or done without permit............. 1060 2307 
against officers owing money to City over ten days............. 1087 2417 
ADULTERATED FOOD OR DRINK— 
of milk—See Milk. 
Feet LAL AER teAT Area rine ey Suan ONS Sy any ices as ue ORL UNEITS Goas seeks shee aod Coleavele. ake 688 551 
EOP DIC Clie at ee eM es Bete gt aehale cic tursh a Bee Mee at wearele wd chi dace Wetec’ 688 552 
ek CL Vs rene er eee cea ce Ler EL, fed ose soared eee WA tole ies! Boerwile lela See 688 556 
ROCTULLC Ys GUUS OIL EY Cl iret Reet e files dicctkie) so Mehes he keto tal es’ Lbs haps ig tees 688 ay 
ADVERTISEMENTS— 

by publication—See also Publication. 
of proposals connected with street-construction work, etc.—See 

Streets and Highways. 
of proposals for street-sprinkling contracts — See Street 

Sprinkling. 
of application for conduits, ducts, appurtenances, etc., in streets 781 1100 
for hearing to place poles for electric wires, etc., in alleys..... 787 112) 


for garbage contract—See Garbage. 
painted on sidewalk, misdemeanor J 


improper, for alleged cure of venereal diseases, misdemeanor... . 873 


1166 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and, Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


ADVERTISEMENTS—Continued. PAGE. 
for purposes of abortion, or treating venereal disease, etc..... { tS 
in newspapers about venereal diseases, abortions, ete., misde- 

WIGAN OL, (o's a anes 6 2 Patee MW igneie Sieae Protas ois Rte nntee ene ne 873 

of. lottery; misdemeanor: ys colitis ornate eda a Tene ee 875 

of: lottery tickets, \6UG.'o.5 oe oc ee tie ee eee 876 

in- publics: parks’ prohibiteds). Sac.) ce eee ear ee eee S97 

by bands of music in street, permit necessary................... 878 

by billboard, when allowed—See Billboards. 

ordinances Teen laine, for public work, to be recommended by 
Bi PS TB RA sis lb bois GR aad ered te Re Pn ie eee ee 968 

of noticeofAettines of DuUbHG Wark. \..— re eee eee 985 

what such' notice torcontaing 2e ict seh acne ee 986 

of notice -forvlettings. Of (public) CiLy sprinting ov) Cee ee ee 999 

for lettings for supplies to city by Supply Commissioner—See 
Supply Commissioner. 

for proposed sale of surplus or refuse articles by Supply Com- 
MISSIOUEL SY sei eco ke alate eee spe we eee ee Py pers Srey, tM 1079 

AGENT— 

See Real Estate Agent; also see under names of Fae Ue 

of owners, duties ast privies; Closets, vetGn seen ee ee 692 

of owners of tenements, etc., when liable for nuisance............ 699 

[ 607 

liability (off fore nuisances. a: sous ey. alt iy earn een ec ENE, 
erat) 

(eet 11. 

of. meat-shop ‘keeper, liablev as principalstceve 6 oe. 7 ew ae 863 

of theatrical performance responsible for discharge of loaded 
FP OATS Hcy Lie ee ei eee GP ears Pc 882 

responsible for-smoke nuisances, s.avsicerori oe + baa ea ere 893 

financial. requires liGense 172i a ane er ere eats ote eee 1021 

of. merchandise brokers, require license yrs oe 2 ce ee eee 1023 

for pawnbroker, where cannot do DUSINeSS Gn 2... Ns aes wa ee 1040 

of runner for railroad, steamboat, hotel, ete.—See Runners. 

mercantile agent—See Mercantile Agent. 

of second-hand dealers, when principal liable for....... Ce cei fame 1057 

of: second-hand: dealer, swhenvilables. = ovaries fu cee ee 1057 

fiscal, of city—See Bankers. 

758 

repair of streets, or sidewalks, or alleys, notice to............. 759 

759 

ALARM— 

See Fire and Pol. Tel. Dept. 

Dell. nse Rotel ade ay ees veh ee aid etek ele, ese eee Ree ee ee enti Ree poe 597 

AISLES— 

See Theatre. 

ALLEYS— 

[For provisions applicable to other highways.-in common with 
alleys, see Streets and Highways; only matters peculiar to 
alleys from other highways here. ] 

repair-of, special tax: tor :COBi ia... 2 > secte hoete hee cee ee ante, Se 759 
: 3 ; : 787 

placing poles for clectric¢.-wires, ete, ify a sere ete eer ee { 709 


to ‘be kept; freestrom filth, Dye Whomies - tc. wrt ie oe iene Bees ee 810 


ALTERATIONS IN BUILDINGS— 
See Buildings. 


definition: Of ‘LEKM.s. Vac. nicca uri eons eles ie 2 cen 6c Senne een re ree ee ee 562 
AMENDMENT— 

of ‘statement in spolice court Cwith note) >see ee 823 
ANCHORING— 


walls, girders or beams, ete. See Buildings. 


910 
1121 
118 
1234 


61 


128@ 


a 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1167 


Index to Scheme, pp. 279-286. 


| Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


ANIMALS— PAGE. SEC. 
See Dead Animals; Nuisance. 
BererOrnrpoaee. LLVG.1OF 1 OO fLOFULGGOI yo ons x fle Windies a mous d ene ee 859 1452 
not to be driven in market-places, etc............. Pi eae 859 1454 
BARN SOTOUS- TLOT DG KONG TrOMIs IIA E ROMS a oe oie srs < eio e Riete gre. aonee, due ie 860 1461 
COR PO We SOLU HII TOG ROLE were weit Rak cleo aise he Ca pws ow ew aiaeme 860 1462 
: 890 1607 
Ge TUNA ap ome RES TNO RE a ge ory ak ee cele Yip ain a ee ae A f 881 1558 
decisions on ordinances on cruelty to animals. See note to 

or gL Cem eR a ec een TA MeO GAS PEON Yat arg aie Os Pipvace Gimiete 890 
fines for cruelty to, one-half to Humane Society—See Humane 

Society. 
bells on, when prohibited, and when required—See Bells. 
regulations as to cattle, hogs, horses, cows, ete.—See Cattle; 

Cows; Horses. 
impounding—See Cattle; Marshal; Dogs, ete. 
right of city to restrain, running at large—See note to Sec. 1578.. 885 
throwing articles on highways that may injure, misdemeanor... . 891 1609 
calves and sheep not to have legs tied or be confined............ 891 1610 
molesting birds—See Birds. 
dogs—See Dogs. 

Pee OF ECO COT IT LIT Ss, 11) ST K hay ote ee tls ote ore iene 8 Ge Smale ony « 996 2018 
APARTMENT HOUSE—See Buildings; Hotels. 
height of rooms, ventilating skylights, windows, etc., in........ 598 194 
APPEALS— 
from rulings of Building Commissioner—See Board of Appeals. 
from ruling Superintendent Fire and Police Tel, Dept......... 630 al 
GOCKeLefOr CNeDluity ECleri LE O1ICE: COUTES yay ele fale BA oe oni bedls ote 820 Lats 
( 828 1305 
| 828 1306 
: } 829 1309 
frome Olleer OOlUEt enw elt ATICe LLOW viv site Mente far ah ec eel ete ois ee \ 399 1310 
| 832 1323 
| 836 Tas 
decisions on appeals from Police Courts and Court Crim. Cor. 

SS GGeIOLE LO, DECSs LoU Oye OUO ce a aie etd eoksias oti syntlcD we #laye 828 
DVSCiUV AY OL LO, exeCule; all DONdS LOK. eek ites wise whe ethcale-diaed 3 868 1507 
from Board of Examiners of Plumbers—See Appendix, Ord. 

OU MRC RE ee circ ta «ciate harap tae peek sitter oe Pt Age eae te ne 1150-1153 
from decision and report of Commissioners on use of railroad 

Wino veraTLOLUer ,COMPANY. ccs c's gee < bistdhe ge nants totded ore Wakes sly 965 1898 
information concerning, President Board of Assessors to give 1009 2081 
to Board of Equalization from assessments—See Assessment of 

Property. 
to Board of License Revision from license assessments—See 

Licenses. 
to Board of Engineers from decision of Inspector of Boilers 

SPELLS MRO USD CULE RMON 0 cats Rhea alias wi ieheel baa calaweNeaT waren ne Dimerastl ae oe 1068 23306 

APOTHECARIES—See Druggists. 

APPOINTMENTS OF OFFICERS— 
by Mayor—See Mayor. 

APPROPRIATIONS— 
See respective departments or officials. 
in ordinances for public work contain: specific.................. 971 1920 
claims cannot be audited unless there be a sufficient............ 1086 2410 
RL Pet Gi CO POC Py mer seer rts Om ee say ee se winla nab htes Aap 8 1087 2411 


duties of Auditor as to transfers of, etc 
Comptroller to see that, not overdrawn 
ARCHITECTURAL DRAUGHTSMAN— 
POPC aL tts E Li Le 9 Ce Oie eT OI oo Weta okie 4 iin Re dO aN 6 here al 555 35 
AREAS—See Buildings. 
ARMORIES— 


NS rh ON etme ORE fet ey eh oo DT lig Sooke ely Sse Oe One Sea oe 571 87 


1168 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


ART BUILDING— PAGE. SEC. 
located: in: Porest*Park yc. ec uc witness se tact che ata y ee te 548 4 
how location determined 0 yates al eto e cies ree es ees eee 548 5 
under Board of Control of St. Louis Museum of Fine Arts..... 549 6 


ASH BOXES— 
See Buildings. 


rezulation: for, In sDUTIGINGS an cee ee ee ee ee 587 iyivl 
ASHES— 

on-premises; when: WUISANGE . Waar sten orerthcn st tae @ heieie leh stata thane ets 698 590 

term’: in’ nuisance “article, defined si) i sata ce er ete ee eee 698 594 

to) be carried: through’ Streets, snow oe ce os < bere Viuecldalle eth utee 702 614 

depositing on, or removing from, another’s premises....... thee eee 1603 
ASSAULT, etc. 

misdeMeanory 35 fo i heres hie Sie whee eral ee eke, oan etch Eee eee ee 877 ass a 
ASSESSMENT OF PROPERTY— 

SMV ST : : f 868 1509 
district assessors appointed “byz May Or saw. aceon ene ee 11011 _ 2095 
board of assessor for, created, composition Of.2.1....5..<...... 1007 2070 
President of, ‘ands District Assessors," DONGS# ie tcp seared atatas «aaah 1007 2071 
qualifications of President and District Assessors.............. 1007 2072 
appointment of what deputies and clerks by President.......... pags pile 
clerks ,as!deputies o.gA cee ea ee ee ete eco ede mre a 1008 2074 
Presidentmay -remove'; what .employess ae ov nas nice hls ple alee 1008 2075 
salary “CLI Presidentaot en: Scio eae eRe Ee be sereie Faas oc ete) ielae 1008 2076 
salary /of) Chiets Deputy /-ASSeSSOr® Ole ganesh cain): oon eet aera 1008 2077 
compensation!) ofs district, assessors varmntae wees <b eae eens 1008 2078 
salaries of deputies, clerks, draughtsmen, etc.................. 1008 2079 
pay rolls of department, how certified and audited.............. 1008 2080 
duties of President’) of Board off Assessors oe) Sees oe aes 1009 2081 
President administer oaths, receive returns of property; give 

information where appeals desired, etc..................00. 1009 2081 
hours"of President;ol Board of Assessorseq0.), -. 0). (ee ee 1009 2081 
President-of; Board toy fiirnish intormationsies.| ook a. oe ee 1009 2081 
qualification»andh duties sof Chiefly Depityertuu... ls ee eee 1009 2082 
when made, how, report by district assessors, oath............ 1009 2083 
ten! assessment. districts>established 2 iavemwn ts «aes sce eee 1009 2084 

1010 2085 
boundaries. of said ten districts, respectively... .........2.2. 2. to to 

LOL 2094 
same; amendment thereof—See Appendix Ord. 22930.......... 1157 
additionalioduties of /.district) aSsessols arr eee he les cheer 1011 2095 
notice to be given of differences in tax assessments of personal 

PFOPELLY “COV O WET or iet he oak ee coe at tae Per alc op hee a eRe ae 1011 2095 
notice of completion of books, in newspapers.................. 1011 2096 
Recorder of Deeds to furnish Assessor all deeds, etc........... 1011 2097 
President Board Assessors to make changes on plats........... 1011 2097 
costs and expenses of, how) met and certifiede. v.24 seek 1012 2098 
Board of Equalization, how constituted, duties, powers, hear 

appeals? wheninn session oy vio eee ay ence en ee 1012 2099 
compensation of members of Equalization Board.............. 1012 2100 
compensation of carpenter and builder of board................ 1078 2101 
qualification and oath of builder on the Equalization Board, 

QUtLES Sone Re eerie ee ee gee elec ei ee Pa 1013 2101 
pay roll- of Hqualization Board, to;show, whate.e. s.5c ee 1013 2102 


decisions as to functions of Board of Equalization, and effect 
of failure to appeal to it—See note to heading of Chap. 29.. 1007 


ASSESSMENTS FOR LICENSE-TAXES— 
See Licenses. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1169 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


ASSESSOR AND COLLECTOR OF WATER RATES— PAGE. SEC. 

d 868 1509 
BODOINLGH DY MAYOR oe cmirenien as vie oi ce vies e Sante Riad KPa ees vee ne cece 1095 2448 
GLUuCe EO CLOAlLOU ne arte a wk eviews FP sins SASS visi ck we eink » a piers bony 1095 2447 
MIL MAAS are oo Pe coe ele se tia ne Teen dad to coe aS A Ow Wie etn Sarah pvacilosiela fog Je 1095 2448 
BTW OL ga ers cel We ale oT ne Lea Thy. palo den ec 08 Scot a}e a Were se) sielnlane wighy 5 1095 2449 
NecislOneaAn: LOvEAIAL Vee OUG COo SOC. pate. ce een dts eure ews 1095 
SECRET Of re ee eel er ee ca led Dicks alee Wewnis daha es opus wai Wes 1096 2450 
deputy, appointment, duties, Dond.. <2... vec cece eee eens 1096 2451 
OGLUNGTI GM DIG V eS CWE eta ern coin! iste ety x peal ose pls ous Mia's? 4a ale Te acaiie 1096 2452 
responsible for acts of employes, bond from employes......... 1096 2453 
salaries of deputies, clerks and employeS..............+.++e-- 1096 2454 
Haditional GMPlOVESs ANG SAlaries. io. vein wus oie eb ie eel Fe eae ae os 1097 2455 
same, by late Ordinance 23000, Appendix...............+....- 1163 
duties of, to collect what revenueS........ cc ccesescceeeeccees 1097 2456 


water rates, collection thereof, etc—See Water Rates. 
where and when deposit funds, suspension or removal for 


ORD T bie y Se tare linen ies eb ai Zee ie ene ELT aa ns Ne. a eee a 1097 2457 
Hats LO ODOR UGIIVErOGmDY TILeLISLOl aoe), ee sek wa te hen 1097 2458 
blanks» countersigned: by Comptroller, etei. os cn ee ee ee ee 1097 2459 
NnOnLO vee repOris OlmtLOn COMPLTOllOr. 2... ae cca ce Wald oleh eal wae 1097 2460 
Srynuae Tresor Or, cor vuunicipal AssemDply iw. oy ecb eds eas eee s 1098 2461 
may compel taking out of water license as sanitary measure, 2463 

CHWS, ro gs Pat ce ah le ae a ey ce, MA ar Pa chs RN a 1098 1 2464 
LUMISS em ICON SOGe OTe Wavelr {Ler lit. see eee We se ee ee shee es 1100 2468 
to divide city into districts, may shorten term................ 1100 2470 
RUA Ver alow srOUALES: eWVuLOllahs foc ae iw's sa) dhalaehale ¢ o¥e Fes Meteo ght a tua stake ts 1100 | ies 
Tia vee LEE YOLU SInCCHBCS ss WOT ce dcmia tae Siti and ee ke idle ae alaele dh dees 1101 2479 
may require license to be for all purposes, when.............. 1101 2480 
for certain purposes, exposed for other purposes, revocation.... 1102 2481 
may shut off water when service-pipes are not repaired........ 1108 2510 
may shut off water for non-payment of license................ 1102 2482 
Same; note of cases—See note to Sec. 2482............... ce eee 1102 
Tia reduiTe OALD) Ol; ADDIUCATL ALOT IICONSCiis oe cic bam elelele 6 ots bel 1102 2484 
ieee Ole. ONLs Vaile st Proll ses tae tle) danas Gc clever e aelala' a Uidealw os 1102 2485 
shall charge what annual water rates for use of water........ 11038 2487 
same—meter rates : : 2104 at 

Fie ap ee ee Hak PhS attr RI ee a a 1106 2497 
COPTeauire -Tlew sl StOp-DOX WWHEU) DOFOKEM ie oi ciecs, cats ole ole «ete ste ale 1105 2491 
' meters in- public. institutions in discretion of... s. 66.68.0080 o 1106 2494 
1106 2499 
POUT Sy Abele 1CO 2 GeO VOLTINGIG RA LM Ec Les ie alate alate stl aries haha sie, alana } to to 
‘ LOs 2502 

to furnish certificate before attachments allowed to city water- 

DIPGSAPOL a ILOLalOU Se NOL atelier re ehc Wagers elcre a dine arajateresutass “e Shuyede 1107. 2504 


ASSESSOR OF SPECIAL TAXES— 
See President Board Public Improvements. 


ASSISTANTS— 
See names of chief officer or office. 


ASSISTANT CITY COUNSELOR— 
See City Counselor. 


ASSOCIATE CITY ATTORNEY— 
See City Attorney. 


ASSOCIATE CITY COUNSELOR— 
See City Counselor. 


1170 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


ASTROLOGISTS— PAGE. 
license: -TeEGUITEd & DV ies Boeck gees eeeten ais lots Selene Pelee ahs EEL ale Seen nen 1029 
Term: \CEOHMEG 455 cP slew Sha Ae ere ia ale ce et ee 1029 
amount. of HCense raid trike cdo arta ih cea Reha eb tal die (ee Rene Cie ene 1029 
penalty ‘doing: business “without: Heensey. J ci7... nin cae teen 1030 

ASYLUM— 


See Buildings. 


ASYLUM FOR INSANE (PUBLIC)— 
See Insane Asylum. 


ATTACHMENT BY MUNICIPAL ASSEMBLY— 
See Municipal Assembly. 


ATTACHMENTS WITH WATER-WORKS PIPES, etc.— 
See Water Connections; Plumbers; Sewers. 


ATTIC— 
See Buildings. 
definition*-of."ine Building -Codewecnc ct ces see eae eee 562 
AUCTION— 
sale of articles seized—See Market-Masters; Condemnation. 
ringing! of bells: to <attract (to; misdemeanors. at. seas ee toe ee 879 
sale of 4mpounded cattle, goats;: 6LGa. os a. a ets net aie eee oe $95 


persons selling at—See Auctioneer. 
sale of horses at—See Aorses. 


Sale. of salvage trom “wrecked DOA US) ners ate ona oe en te 644 
sale-:of goods ynotaremoved. fromewiant es ere. seit onan 646 
salecof condemned DULL dines ee i, caer lacks Cea eee 768 
saleby Market-Masters’ of. seized \-articlestvan- 248)... st ye een 857 

sale by Comptroller of securities deposited by manufacturers 
in Hews OF DONG sek wee Cease ee ete nh 103 
same; securities iol. merchants for Aamte a eee ee et eee ee 1036 

AUCTIONEERS— ; 
CefN Ed Ease wales cha Se tedinte hate cece ay cee 4 oat cue nati Meee, MET fre eo ea a 1019 
MUuSts Procure AICENSE Meas -cphe Rel melk a) ee ER RIT et lett ce ae 1020 
decisions ‘as: .to-—Seeinote) to Sec212 70 wears wine is fel) bess eee 1020 
amount and!term<of license. ’pond } a. aie cee eee ee. Ge cee 1020 
fruit,‘ license ‘necessary? sos eyo eae 5 ets Wheer we wee atk het Lie en 1020 
of stocks, bonds and securities, when license required......... 1020 
real estate brokers, when require license aS.................. 1020 
bond: of horsevauctioneers ). y6 Cea an We eae tes BR ee 1021 
penalty: wiclatinge “articles, Onc 25 see ie ee ae ee eee ee ae 1021 
1053 
requisites -zettine.liGensecn. aac ise, sale sae cee ote ee co rasta abd to 
1054 
AUDITOR— 

duties in costs of city in cases in Police Court and Court 
Criminal 4 Correction Akiko sae In eran a Ne etree 830 
one of pond-examinine POarden i). eine ales tut dee rear er ances eect 907 
audits pay —rolis of Assessor’s (Departments yc sentge cure, + tre 1008 

certifies costs and expenses of assessing property to State 
ATUCITO RS cr eck ares sedis “cide tated CipoBibeg ache ba a Stet ee a ee 1012 
pay Toll Hauslization Board eer. . asrec wes eimai teen ye erede eee een ere ae 1013 
duties respecting deposits by bidders on supplying the city..... 1076 
member. of Treasury. Departments acest ee ones see ern eee 1080 


duties in Treasury Department—See Treasury Department. 
annual examination of accounts of....... BS Pgh tant Gk a am 1084 


notes of decisions concerning—See note to heading of Chap. -37, 
5 a e-e an ork Neeie ee Es emer Cem NNT LC WR PRR ful Ny | 1.085 


SEC. 
2169 ° 
2170 
2171 
2172 


61 


1546 
1579 


300 
363 
931 
1440 


2190 
2201 


2126 
2127 


2128 
2129 
2130 
2131 
2135 
2136 
2281 
to 
2283 


1313 
1682 
2080 


2098 
2102 
2373 — 
2387 


2401 
2402 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1171 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


PAGE. SEC. 


CMEC ACTIN SGULLTOO UL fe VEL MEME Ie te ey Ak ne iS alc al eca biets lace age w 9idhe 1085 2406 
first and second deputy, appointment, salary, terms............ 1086 2407 
ete OO CLG OE ERG LG OO or AAS Jae et a fond whan ce wlale pane hres oo oases 1086 2408 
reser Hl WLC WOT IICLALI LICE be atk). c Lace © adore ¢ b'eéa a eo tule co 1086 2409 
preserve all accounts and documents relating to contracts, debts, 

POVEIiGe Ole CLeC RG iloee even en iialy ale tute et taeda ta co a tralia Ovi 1086 2409 
makerv rules. and; Trefulavione, etamey OALN Sores selon rhe ek Rs a ale 1086 2409 
BUGILING andy CAaruLyine; Gemands aealnst/CILy oi. oe ke ele ee 1086 2410 
method and manner, warrant, procedure, requisites........... 1086 2410 
not to audit unless amount appropriated, and allowed by Comp- 

troLtlereanl eAUGITOl. Ofeelitner. Wit) |) MAVOr, 00 bu. ese as ace 1086 2410 
warrant to specify fund, receipt taken, papers filed............ 1087 2411 
PISSING MLUe Peril VOC AW IU IItY OLLGIYCAT. cote) s cold ote eietdnefab feed see be 1087 2412 
warrants unclaimed for five years, canceled...............0..26.- 1087 2413 
warrants not presented within five years, barred.............. 1087 2414 
sums on pay rolls one year to be re-transferred................ 1087 2415 
lO warrant co. indented, olncer Orvassieneee 2 oik we ae ee eeu 1087 2416 
officers owing money over ten days, notice from............... 1087 2417 
to furnish to whom books, abstracts, ete., and information, or 

permit examination of city documents, etc................. 1088 2418 
POA RLGT TITS T Ua ISL Cee Bek sy he eee net aah ak ete Mice SI aes Sse AD Gah phete! aoalas 1088 2419 
MOUTOUEIALION SIEU IT GS. aus CO CLTANSL OT, COUGe co afcs li'e ic he sate bie a ee 1088 2420 
to have free access to books, records, ete., of all officers........ 1088 2421 
to make monthly trial balance and report information......... 1088 2422 
statement to, by Comptroller of license or tax bills, etc........ 1088 2423 
PO ROE aW ia CaO imine TI PTECOL Src sit a. chase tei \e aa amie ties ele dala donte leu 1088 2424 
to keep book record of claims, warrant books, bills payable, bills 

PEChINAULem TAGISLer. CLeONUS. o viarisce ck o Se bless oheieis bale Fay «fens 1088 2424 
PLU eres aie CO) CU an Vit T OO) Lanaers ooh ear cls ade ata et oi glee tie mia secs 40d ata 1092 2439 


AUTO-CYCLES— 
PeSOgi L1280 


_provisions for, to protect streets, and penalty................ 1 810 1232 
TR ESS ge TS WaT ap th UNE ao airs I OG, OS eet Res nb Pa See Misi Sai oO mR oS 1812 
AUTOMOBILES— 
taking from garage or shelter, misdemeanor. (See Sec. 366a, 
MEE DDEUULS. LOLUMMIAUICE CAkG Oo) f 0% ated cs's oh Oks oats ee fan 1140 
shop for, or garage, not to be opened or run without special / 704 625 
SUERTE NCEE: iid de Ueda acd ae ae eRe hk oo A) SP ee t 705 626 
using oils or gasoline, kerosene, etc., regulations for protection of 809 1230 
Pinectost aniMpenAll ys FOR fAlUTe iio 4 Coe eee te eel eg 810 1233 
speed limit for, and other horseless vehicles...........4......-. ace ee 


reference to State law on. (See note to Sec. 1551, p. 880, and 
. also to Sec. 1811, p. 936.) 


880 1553 
TOR UIALIONG ELT seperti tt ee ah ce es ut reel ae ON ai) Sie lee ridle buatele Ra od to to 

881 1557 
: ‘ 936 1811 
ligense-Laxa On -eMoLor. CyYClES, clOCOMODIIESs 6lGn. foe. alee. bee ‘1 26 1812 
au : : - ( 939 1822 
IE DTS On bed ir edeAreniCn iat aiiea han ee <A ee ne ie SaaS 88] 1556 
SAWS ees tye! Rober divine: at Wayelc cul hear legge ine Oye At wel Sn ee AD oo eee a ee 1156 

AWNINGS— 

BULL ALY DV OUMELGC (A IPRGOE CII MILIN Le cies & ode ah tial Aw acu aey wists vs 777 1088 
limits where hereafter none to be erected—exceptions.......... fb or) 1089 
permits for, from Board Public Improvements................ Tat 1090 
PLE SOU Le SAGs OL ICE IITA arth ce velate sists Gk afer aick Aho «ve ae elec Tht 1091 
balcony or portico permitted at theatre or opera:............. tif at 1092 


decision as to being illegal encroachment, note to Sec. 1088...... a 


1172 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


les 
BACTERIOLOGIST AND BACTERIOLOGY— PAGE. 
See City Bacteriologist. 
BAIL— 
in police courts—See Police Courts. 
BALCONIES— 
See Buildings. 
may. extend show: far scien gent cs ee ek eo 5 tei ata heehee nie eee 578 
in) theatres, -unders Building sCode. 2 ee tee Pre pebargt tog is { ane 
in theatres, permitted at main entrance, over street............ fit 
extending into streets or sidewalks, misdemeanor.............. 812 
BALL PLAYING— 
on the highway pronipitedsi cs <b ote oie eee et te eerie ee 882 
BANDS OF MUSIC— 
See Music. 
BANKERS— 
HGONSES GOL a a siete aS + ce ocd oe iw ek plecles Ter cane te RE ea ra ae oe 1021 
amount. of 3.license ~Of ss. sis dak 3 eee see eee ee te ee ree 1021 
COTM ey dis’ pic hed es See Ab oie Oi obec ee ee Le ere Le ee 1022 
POStINScOL, LICENSES (7 sia aoe e wis hens eusmete ee etal sole els ener eee coe eee 1022 
penalty. violating article: . 2 se. Ee ate ps ee ee eee ees 1022 
payment of bonds, etc., of city, by, selected as financial agents 
OL2.Ci by ssc FS. ten Resteccatae thes obo oon eaaic opin feline acne lene iaiaee Caer aenene eee 1080 
receipts from, selected as city financial agents, for funds sent, etc. 1080 
transfer of -bonds:ietc Wiiscal sasentswOncGic yen). 1 ek cease 1083 
deposit of city funds with, selection of banks, bonds from, regu- 
lations: as; to. d@posits. ete c.-c2... ate eae aeins eee acne a 1092 
drawing city funds from bank selected, how and when......... 1092 
BANKS— 
See Bankers. 
deposit of city funds in—See Bankers. 
BARBED WIRE FENCES— 
See Fences. 
BARGES AND SCOWS— 
See Wharfboats; Boats. 
loaded, -when® mayiland.. soe ee. mee oak et. cee rea ee 651 
may have: privileses of whartboats o.com. cate ee eee ere 653 
BASEMENT— 
meaning <defined,in Building Codex 3 eee ee ee ee 562 
BATHS— 
See Public Baths and Playgrounds; Swimming School or Bath. 
BATHING— 
in open in daytime, misdemeanor OEE ET ee kek he A Se 870 
BAWDY HOUSES— 
not; to-have”’ overhead” wire connections... a Gwar eee 786 
permit for wire connections with, forbidden and void.......... 1 is 
Keeping, Vvisiting, etc, smisdemeanor.... cee ee ee 871 
decisions as to, and evidence to convict, nature of the place, etc., 
nuisance per se, etc.—See note to Sec. 1518................ 871 
enticement, or attempted enticement of girls under age, to, mis- 
CeMeCAT OMS iin slags eas ocd ee eh eerie cee eee ee Mee See 872 
when, habitues: of ‘are: vagrants: i257 eee ee eee 895 


dramshops «not permitted mci vhs. See te cede et ee ee 1028 


SEC. 


118 
195 
199 
1092 
12438 


1564 


2137 
2138 
2139 
2142 
2144 


2390 
2390 
2398 


2439 
2439 


382 
387 


61 


Moly, 


1117 
1128 
1129 
1518 


1519 
1632 
2163 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


1173 


Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


BAY WINDOWS— 
in Building Code—See Buildings. 
extending into street, misdemeanor.................. 


BEAMS— 
See Buildings. 


BEER— 
See Intoxicating Liquors; Intoxication; Dramshops. 


BEGGARS— 
RIOT RVSLe Gaal elms eee ret ee ET hal dhe NEC G a ar is cee ia el abete al nts (a 


BELLS— 


PINT ea OL ey Clos CUNCAILOls. ects tease iv. che ev ret ee noe le Wielans vitae of. 
Die al ite DLO LDiLeO aw OEM LOTIVINE ve eu co ona Riel alam Gla h dcath cols ahs 
required when sleighing ...... POR Me SE eh oe Pe fis Nek oan ees 


of steam railroad engine, when to be rung........... 
VERSO CG CArS mw WHOEMIETCOUITEE : dare s.0 eis c oles tcl Scale neon 


BENEFITS— 
in street opening cases, etc.—See Streets and Highways. 
special tax for—See Special Taz. 


BENZINE— 
ola IDES MCU TES SS eo a RP a = ta rhe ie A Dt (PO  I g 


BETHESDA HOME— 
authorized to receive foundlings on contract with city 
foundlings at—See Foundlings. 


. \ 
BETTING— 
See Misdemeanors; Gambling. 


BICYCLES, TRICYCLES AND VELOCIPEDES— 
Neenser taxese Olle sale Tema laviOns. oy trig kes sols sb aw bess 
‘license plates, where put (See end of section)........ 


MCONSE= CASES FON SINOLOL-DICGY.Clesary. .\reetees wis, lane CUM eas 
PED ET LOT Oe Bria FRE 9D Go apace elie OPE ORLA To a ee re 
Sea Pere be OLS atere, Olavater, 4 tee te arses Ooo sc tie's ar 4. 8 ok acahs 


BIDS AND BIDDERS— 
for public work—See Public Work. 
for public city printing—See Public Printing. 


for supplies, etc., to city—See Commissioner of Supplies. 


BILLBOARDS— 
CSUN Pm OES LUSLO (rst civil vy taiei a colds: deaicttratelt; oe Geces) fe Mace t as Soaks 
POEVIAT DIBACOUCELDINES) cision 26 oe geo aoe eon reete Shs eyes 
who may erect, where and on what..................-. 
STCGIiMG er OL mr tres he ert a ave whale U Weletice ae Sie a Sie weve donde 


BILLPOSTER— 
WHenmiitnvacrecmmrlDOATCS, CLCi., ociat irs voce wera ease 
PICOTIBOMERE IU TOC Mes ilsL. ctele oc teat tae acl dee Ste cite aca tuned athe 
aCSiebew be rape? (a) ce 82" ANN oe aOR fe We Roan Are San Mri fae he pe 


term of license of—Ord. 22576, Appendix, p. 1162...... 
MAING VOPLOLE Re IDO UUIIGIEGA te 6 occ chants ae 'n.a we GR gut Wie stoves 
NMESHnSe AUD JOC UILOGOLU IN ATI COR. oc. yk dbin wd bone Wala ss ute 
POPITHEOLMLICE NMC LOmts iene tier sis! cccke oiielens wha 'p Siw ake wets wel ee 


BeeigiiMiatt Ola liCCuBeae seeisa foe Wicd wha cls as ees toale'e 
MOTEL IE Sy ah bai via ake SiMe ee tae Te ee ai te antaia pita Baier d sae le ale wiwgiets: «4 


BILLS— 
in Municipal Assembly—See Ordinances. 
APOIMteCLUy. UOT LO SLATE BLG. nets sc cs vb Wale oe tel ciate a Oe 


or claims against city, how audited—See Auditor, Treasury 


Department. 


ose ee eee 


oe eee eve 


eoeee er eee 


ore ee eee 


oor eee ee 


eevee eee 


ore ee eee 


oee ere eee 


ore e ee ee 


ee ee wwe 


oeeereeee 


. Bie eel ere. & 


PAGE. 


812 


895 


879 
881 
882 
948 
956 


613 


915 


SEC. 


1243 


1632 


1546 
1559 
1560 
1857 
1870 


232-234 


1728 


1810 
1810 
1812 
1822 


1174 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BILLIARDS AND BILLIARD TABLES— PAGE. 
1051 
license provisions: respecting ta" se. . a4 ace wine cue ee ne eee | to 
1054 
definitions of billiard) tabléskéeper... +22. eee ene 1051 
decisions as to validity of ordinances regulating—See note to 
elo Oeee4-Y aera nn ane oho ae Oise Sm Mera, Be A oh gat 1052 
BIRDS— 891 
molestation of, forbidden; stone-throwing, shooting, etc., penalty to 
892 
molestation. /ol; in. parks. propibitedsi2 hale ae ee ee 996 
BIRTHS— 
revistravion O01; and: DV) WhO. Meu eee eee ee ok veer kara 719 
TECOV AG OLS a ars pn ead te ahes al tee aps Rae ee Ge Radiat eg ee ae a 719 
failure) to- report; “misdemeanor cn peat se ee ee ee ee 719 
certified copy of reccrd of, from Health Commissioner.......... 744 
BLASTING— 
See Stone Quarries. 
BLIND— 
See Board of Health. 
BOARD OF APPEALS— 
how constituted, terms and qualifications of members, etc....... 561 
has jurisdiction of what appeals from Building Commissioner. . 561 
ADDEeAaL) tO, nO Witaken rier naa eit ee eee ene eng 561 
may enter) premises soe ae Sa Oe ee een cea e Sei vecnar ile ihe enna 562 


BOARD OF ASSESSORS— 
See Assessment of Property. 


BOARD OF COMMISSIONERS MULLANPHY RELIEF FUND— 
See Mullanphy Emigrant Relief Fund. 


BOARD OF ENGINEERS— 
See Boilers (Steam) and Elevators. 


BOARD OF EQUALIZATION— 
See Assessment of Property. 


BOARD OF EXAMINERS OF PLUMBERS— 
See Plunvbers. 


BOARD OF EXAMINATION OF BONDS—See Bonds (of Public Officers). 
BOARD OF HEALTH— 


who shall: Dé*,Members. Of 2a AAG en wate Rie eee eet te Bee coe 662 
meetinzgsor QUOT Wes ore, i. ot ete aces en Ne Tn ene 663 
: . 662 
President, officer ee eee eee eee eee ee eens { 663 
terms: of members and salaries er. vc aa 6 ee een een eee eee ee 663 
books -and¥records: to" be Kepe by ak saan. eee i eee 663 
accounts, “approval and auditing thy ci tian eae eee ceyer neater dee ee 663 
purchase of articles for institution.......... Py rsh SOP: coe 663 
CLEP Of ts Oe eae ono te See TOS Ei alla Gi eae te ee ec a, er ea 664 
salary (an dSpond vot .Clerk 200. 2s. ee Ras cude leant ees 664 
duties, of 7 Glerk) OF 2 whi sive coated cote aianen ieeee a ate |, eee eee eee 664 
powers of, respecting institutions for deaf, dumb, blind, etc.... 664 
vested with powers of county courts respecting deaf, dumb and. . 
Dlind: Institutions... swe kee ars, Vie ele ce owen eater arene 664 
may reopen \certainsavells oy jv a diese aus ie ee ae eres ee ee 664 


Health Commissioner’s relations to—See Health Commissioner. 
to approve actions and appointments of Health Commissioner 665 
to approve additional appointments of Health Commissioner.... 666 


% 


58 
59 
59 
60 


437 
438 
437 
439 
440 
441 
442 
443, 
444 
445 
446 
447 


448 
449 


450 
459 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1175 


Index to »cheme, pp. 279-286. 


| Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BOARD OF HEALTH—Continued. PAGE. SEC. 
payments by, of additional help to Health Commissioner...... 666 458 
to approve Mayor’s appointment of City Bacteriologist......... 667 465 
BUDTOVG FUleCs TOPoDACleriOlORINe awe Hale's ccc Ve cleus Wate ohete ort nes 668 466 
to approve appointment of assistants to Bacteriologist......... 668 4G7 
to approve appointment City Chemist, and control him......... 669 476 


powers and duties respecting nuisances—See Nuisance. 
right to enter premises—See Right to Enter Premises. 


has control over meat-shops, declare Same nuisance............ 863 1478 
has control over private institutions, hospitals, lying-in homes, 
foundling homes, etc.—See Ord. 22998, Appendix.......... 1142 
to approve appointment Chief Sanitary Clerk.................. 666 461 
to approve appointment assistants to Bacteriologist............ 667 467 
to approve appointment clerk and janitor to Bacteriologist...... 668 472 
to approve appointments made by City Chemist................ 670 480 
to approve rules submitted for office City Chemist.............. 670 481 
Inay remove City Chemist and assistanty 04 3... e PA Lee Te ot 671 482 
to approve milk assistants of City Chemist.............. Eee we 671 486 
to approve appointment veterinary sSurgeon..................6. 683 524 
560 
VU Vet tC ETI Lark CGO N Ge kG, ey ih ole eles Motnaate We abte ele vee ere g Sateen 689 to 
563 
duty respecting carcasses of dead animals—See Dead Animals. 

’ may hear and refuse registration to physicians, when.......... 720 699 
to approve appointment of nurses—Ord. 22935 in Appendix.... 1144 
PPARs Se pes ISU lI © (LUV hE OSDLCALS uo ese ys oc dicksreielala ats late chee 723 T21 
to approve, assistants: to Superintendents). oc. wy. c dce hee eh speys 724 728 
to approve Assistant Superintendent Insane Asylum........... 725 129 
to approve Assistant Superintendent Female Hospital.......... 726 38 
to approve Supervisor of Nurses and Matron at Female Hospital 726 743 


relations to insane—See Insane Persons; Insane Asylum. 
to approve or control actions .of Health Commissioner as to 
quarantine—See Quarantine. 


to control Health Commissioner in cremation matters......... 749 868 
PV Seah eo Le PAOLO Vi WEOE ALL VICE viii ei Aleta sf avant lela 36 133 
TAT AG CLV ROTI We ROEE Vie COULD SELL Mita tet oceis cle tone sais CeaaY Cbece wee 841 1368 
Wea iat y rren EOWA LLa OSE IZA OU eel cis Bre Pecs ots cate ee eeialn apie ee 899 1644 
when may require persons to take license for water from city, eae 
BS eeAieA Dee THeASUTOs. DTOCORU IN GS. LELO o> ssw: ity, 0) Pictas Shahan fd oho 1098 2464 


BOARD OF LICENSE REVISION— 
See Licenses; License Collector. 


BOARD OF POLICE COMMISSIONERS— 
See Police Commissioners. 


BOARD OF PUBLIC IMPROVEMENTS— 
See President of Board of Public Improvements. 
contracts for construction, reconstruction and maintenance of 
highways—See Streets and Highways; Public Work. 
contracts and regulations for street sprinkling, and regulations 
—See Street Sprinkling. 
grants permit for stationary awnings—See Stdtionary Awnings. 
powers respecting wires, tubes, conduits, cables in streets, etc. 
—See Electric Wires, Tubes, Conduits, Cables. 
LOR BUDGI aU DEP ViIsOl Oly GELY AgIOTLLINS oy ode nce ce de wiclh wie toa Wie cc 790 1139 
has control over Supervisor of City Lighting—See Supervisor of 
City Lighting. 
to provide for lighting streets, buildings, etc—See Lighting of 
Streets, Public Places and Public Buildings. 
powers and duties respecting garbage and its disposal—See 
Garbage. 
may prescribe duties for Workhouse Superintendent........... 919 1749 


1176 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
| Index to State Laws for St. Louis, pp. 225-256. 
BOARD OF PUBLIC IMPROVEMENTS—Continued. PAGE. SEC. 
may direct employment of workhouse prisoners on public work, 
shorten term, etc.—See Workhouse. 
Supervision, rights, duties, powers and functions respecting 
Plumbing and Drainage—See Plumbing; Plumbers. 
rights and powers under new plumbers’ ordinance—See Appen- 
dix; “Ord: s28007 5. 2) ive ices © bade one Gia te ee eee 1150-1153 
may remove ‘Supervisor: of -Plumbingian ee. 2 ee eee 927 1793 
authority of, as to public baths and playgrounds—See Public 
Baths and Playgrounds. 


powers -as;to;Tenders’ oni streetcars... 2-10 5 ieee a oe eee eee { a a 
powers ‘as’ to brakes) on street-Carss. Voce (cee ee eee See 959 ieee 
to--approve..street, rallWay rail pattern... eras 4 ee ee ee 959 1879 
to approve device for street railway sprinkling................ 966 1902 
regular) meetings (OL) ici ekaee oo oe ast, cat eee ee 966 1904 
special meetings, called by President of, and how.............. 967 1905 
when special meeting may be called by Secretary............ 967 ise 
special meeting, election President pro tem.; powers........... 967 1908 
President pro tem., not to authenticate special tax bills........ 967 1908 
when and what. subordinates to the respective commissioners 

may-act; forjthelr chietx alr cy ee ante ee eee gee 967 1909 
by-laws and regulations to be made and printed............... 967 1910 
secretary, £of7* Salary, [O0ONd 2. acs,. Orel. eles cae ee ere ee 967- ub Pal 
duties':cf Secretary, records, papers mprintineg wee ee ee ee 968 1912 
decision as to effect of record of—Note to Sec. 1912............ 968 
duties of, cin) ZEneral ain. sae aes eee eer ert nnn eee 968 1913 
to prepare all ordinances for public improvements, lettings, ete. 

—See Ordinances; Public Work. 
quorum, ‘fihalvaction “when not taken, notice... pene 969 1914 
when :yeas and nays: required: 0n svotel-nee sas oe fe oo te ee 969 1915 
members of, responsible for acts of employes.................. 969 1916 
plans dedications of streets, etc., or subdivisions, etc., to be 

SUDMItTEd LEO ei Pa aiccehe ae oil egies I toes ct on eee 969 1917 
dedication of streets and highways—See Streets and Highways. 
improvement, construction, reconstruction, repairing, etc., of 

streets and alleys, etc.—See Streets and Highways. 
what.ordinances” from shall. contaitin.. or eiovarins «2 ol opera ee 970 1919 
letting: of ‘annualsrepair]contractepy. se nereete ee oe. oe een 970 1919 
duty of, where complaint defective work being done—See Public 

Work. 
permission by, to construct vaults under sidewalks, and sign-posts 973 DB a 
permission: by .for weighing -scalesiis 2 sae Gia eee rr 973 1934 
Presidéent.‘of, presides (4c tae. ea setae cert oe re ey, 973 1935 
contracting for, and executing, public work—See Public Work. 
regulations for lettings, bidding for work, etc.—See Public Work. 
employes of, salaries and bonds of respective members of, and 

their employes or assistants—See under the respective Com- 

missioners’ names; and also Salaries or Compensatton. 
may make treculations efor driving’ marksie eee ne ee 997 2021 
approve leasing of buildings in certain parks.................. 998 2026 
may lease boat privileges on .ponds in parks..:................ 998 2027 
may lease privileges for games, tennis, ball, etc., when.......... 998 2028 
when to-approve sewer: COnSEruCtiOn jie. toe ae ren ee rarer 1058 2303 
when may cancel drainlayer’s or plumber’s permit for doing de- 

fective work “ONMSEWeres tiie oe eae ce ene eee ee 1060 2306 
when and how may grant permit to connect with private sewer 

without. pullder’s (consent: Set) eae en eee ioe eee 1061 2311 
to: approve plans of water: closets, jetGa 4 oe. tee ee ee 1062 2313 
to approve device discharging steam boilers into sewers........ 1064 2316 
plumbing provisions can be varied only by................ eke giOG4 2317 
to provide water meters to consumers free of charge........... 1106 2498 


. . to approve pattern? of- fountains: 2.25. cee see ee eee ee 1108 2508 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. - ELT 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BOARD OF PUBLIC IMPROVEMENTS—Continued. PAGE. SEC. 
to approve patterns of street washers....... Piptate.« Winneh ws ttss, ELL 2516 
MOU MUUTUUE DELUOIIIE OL MMU ie ire Chere wire rac ciate aa dia sie odin 64 ww Vierdicseie”e » A fa ak 2519 


to approve pattern of pipe, fixtures, etc., in plumbing.......... LED 2521 


BOARDING HOUSE— 
See Lodging-House; Buildings. 


RTT IBA wWECLT CLOT OU mere Ena te fa Seno, Pere yd Ws peices See ele line 706 629 
or lodging-house—See Lodging-House. 
Ht LIGANSEGaTUClO COUTNGU a. ee ee. cei See ae Mat eke a isle ete lowe 1030 2173 
IOI Ge aC LOL Tilal Cie LiCOl SQM reg eats eo oe ke ov a cree Saree vee tere os 1030 2174 
same; amendment—See Appendix, Ord. 22573 ................. 1158 
TUDMIN Se wilLlOULCense.©. MISGEMCANOT Wy. . .. i we ce ele es ws d ve ate 1030 2175 
decision upholding ordinance article—See note to heading Chap. 

LLY Caen ee Ca RANE ok saat ene UCM alec, dealv aid alee okie 1030 
EL CMe ToL LONE TTS ene And ee 2 cree S Ve SND an Mae tld ee rete ets dled. ae ale 1103 2487 
Henne llewater-LiCensar articles. nc ser yeah anes Vc ek ek WS Rcwe 1105 2490 


BOARDING STABLES— 
See Livery Stables. 


BOATS— 
See Harbor; Wharf; Harbor and Wharf Commissioner. 
REESE UEC Ne TTL) Pare oi Oe ee ISAO Fae: cae Wada wee art acd Ge SMC eA Ste o tee eit 643 By 
SESOLTIIEL VEUl> RV ITE Om LO MAIIIOOINT ica c oaas bd trees ate OENGEE sic we ah alee ude Saks 644, O00 
Pini eer sitay wpOaTed UllCOUL LORI VG ceil a ca Seri c cals caste sc ded 644 354 
: 644 oe 
PIOCHSUINESEWMETGTATORWT OOK OU galls ce a itis fale bit Yin,v are Pelee kaise s | 994 2013 
sinking or wreckage of wharfboats, landings, etc......... tele 651 382 
PE CITIO E POUAL Ey tee Ma ated cin asc) crete sere od of Bates aba hl gee CRISES wie whe oe aPe ee 644 356 
VANES Dee Tn IT LOU Oller c ag) Belais ats arch & Siete aie ce te are eee Det Oa 644 357 
Steamuoaleaco snave prererence iN elANGINeS. wats os eee v bese cas 645 358 
Harbor and Wharf Commissioner to set apart landings for...... 645 359 
PVs POMEL SIT lO Wa SOCULCU we totetiie Ginnie «Wy claerar yy apelela ata Niaety ete 646 364 
CASULIT MR IO0RG SW TG TREOlls- LET Ont i aoe, tise, oa yt NN ioe is. 2- 4 dpe or nee, ONE ' 646 365 
Commissioner to make report of tonnage, arrival, departure, etc. 649 B73 
TAIT ORLOL DAY TUCO SOn LUGO) se iene ites Sain cat arae Water wate o Mamteae > 650 i a | 
ferry—See Ferries. 
va : : ; 740 821 
not to land persons with epidemic disease, etc., when.......... { 741 399 
not to bring into city corpses of persons dying of certain diseases 744 840 
NOUL.LO Urine | pallperss or insane: poor: into City oi owns ee ay ose 750 869 
lotteries srunon——-see note to Sec. 1529 oo a ie oP ees oe Sle a be 875 
Certain Ordinances LORDE.DOSCER - ON.) ai sas cetete ett & ates RM aisles be 4s 889 1601 
emission of dense smoke from steamboats prohibited........... 893 1620 
TEL TUM E DOR LMODETALILIE honctitec 1 to aisha ts wit rarels Sin cmemnere-« Motmaete Gauss a 2h 994 2013 
privileges of, on ponds in parks for hire, may be let........... 998 2027 
dealer-in steamboat tickets is railroad ticket broker............ 1043 2202 
railroad and steamboat ticket brokers— See Railroad Ticket 
Brokers. 
steamboat runners or agents—See Runners. 
BOILER-HOUSES— 
See Buildings. 
BOILERS— 
See Buildings; Boilers and Elevators. 
installation of, and requirements concerning.................. 586 150 


in theatres—See Theatre. 
BLOAIN + HOW, COMlLECLCU LW le SE WWOTR et ys ditae aia or ciriais Saw oe aetie s 


BOILERS (STEAM) AND ELEVATORS— 


LUBDERL LOL Of o4 UIAY OLD A ODOINLG. wu Bes 5 calc dak be ove ep aS ee Wc cet 
RUMLIDCATIONS trates itis ah AEB oR coats One he be We ales 1066 2323 


insector of, appeints seven deputies, qualifications............. 1066 2324 


1178 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


BOILERS (STEAM) AND ELEVATORS—Continued. PAGE. 
inspector of, appoints clerk and assistant clerk, bond.......... 1066 
inspector and: deputies; tenure of Of0ce,..)... .. . sn wena eet cree 1066 
assistant boiler inspectors, how appointed, removed, etc...... 1066 
Board of Engineers, appointment by Mayor.................. ieee 
Same: qualifications: Owe tenses sage imelee kis Wid 1s) seeer et cee ee 1066 
inspector of, duties, what and how often to inspect, record..... 1067 
inspector of, to be Secretary of Board of Engineer's............ 1067 
notice of inspection of boilers ten days in advance............ 1067 
manner of boiler inspection, frequency, certificate............ 1069 
inspector of, and Board location and furnishing of office...... 1067 
sessions« Board./of Engineers; duties, spOwers 4. .2: saseniee ee oie 1068 
same, hear applicants for licenses as engineers, grant and revoke 

certificates ‘of = license etc iit. © tamer icntlnne eee Lae ois 1068 
application and examinations for license as engineers, etc....... 1071 
decision sustaining ordinance requiring examination and licens- 

ing by Board, (see note to heading of Chapter 35, p. 1066, 

also to sec. 2332, p. 1068). 
appeals from decision of Inspector of, to Board of Engineers. . 1068 
when unlicensed persons permitted to act, permit how and from 

whom obtained? Clee as oh ak Se tr ee et ee ee eee 1068 
person in charge of boilers, to have license certificate displayed. 1068 
unauthorized person in charge of boilers, misdemeanor......... 1068 
inspection of boilers, regulations, violations misdemeanors, cer- 

CITIGATES 2S Se! PE See eae ns a oe as see 1069 
reports. of Doller> insurance CoOMmpanvest ewes aoe einen eevee Lee 1069 
inspection of boilers, certificates, fees allowed, returns made..... 1070 
DlankseoIMaNnNe Lr - Ob SS UID ak eee aa ee ne tron hae ae Seema ty a) 
inspector. of; to: makesreturns andy reports... 20>... -e slau ee OT 
inspectorsof salary. “and (DOndos suis te ee el ee ee 1070 
pond df= deputy inspectors. sce ee cee en iar hel ene 1070 
bond *' Of 2assSiStantwiNSPEClOLs an cy.1 cheer rene tenet aha s ieee os seus oe taal oe eer 1070 
députies-devote entire time ——“salarics mvc cai git A. eae ee 107t 
bond and «salary. Of4clerkey Paso ieee ere ene aye ak tack, eng edegs 1071 
Inspectoreresponsible LOL, Clerk yy inne ceeene ete geet ee cues ee 1071 
bond and compensation of Board of Engineers.................. 1071 
compensation payable out of what fund.................. ti Scere 1071 
qualifications members of Board and Deputies................. 1071 
misconduct of inspector, deputies, or assistants, misdemeanor, 

TOrPeLCU PE! US Tes Bare ect a igs sey Sine eer et eh oe as 1071 
what are exempt from provisions of article on................. 1071 
licensed engineers to give notice of change of employment...... 1072 
application: for ‘renewal of) license sree eae creer ie es cecneleene 1072 
owners or builders of boilers or elevators to notify Fan mactona: of, 

and SUDMIts Plans Ge tLsCervilica tes yo emer eae boss) eoecied cian. fe 1074 
to. be operated bys competene Employvesiaee oe whole ieee ee ete enn 1074 
violation of article, misdemeanor, general penalty.............. 1075 
certificate of Inspector of, to be posted, failure is misdemeanor, 

firétoy-bes drawnevac har. thee aCe ae cae Penh Sated: 1072 
licensed engineers to make semi-annual reports to Inspector of, 

penalty "fOMe Tallures y. a.7 ays tk ee ee ee ee 1072 
expenses of department of, how paid and audited.............. 1072 
duties of owners before setting up or repairing boilers......... 1072 
boilers to have plugs,—regulations—duty of Inspector of....... 1073 
inspection’ ofall elevators: by. Inspector sot. 2 yan eee 1073 
inspection of elevators, duties of owners. :..22...........0.... 1073 
certificate of inspection of elevators to be in view.............. 1073 
inspection of dumb-waiters not-required.. 4:.2 Vey oe ae Ore 
fee for certificate inspecting elevator, and how paid........... CLO TS 
elevators operated ‘without certificate, misdemeanor............ 1074 
defects in elevators, notice of by Inspector, not to be used until 

OLG eel a ks aS hte be ae eee io ha Ch ee Oh ane al Re eh ee a 1074 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. . 1179 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463- 542. 
Index to State Laws for St. Louis, pp. 225-256. 


BOILING INFLAMMABLE SUBSTANCE— PAGE. SEC. 
where not permitted....... Peeatest, OR ACTOR tthe ales 0 6s See ers’ gue he a 611 223 
BON D— 

remain in custody of Register 1006 f 2062 
ALOT TCUSEOULY SOP MECORTRLOT Cee. One To hd Old ilo ics ov ae eal 1 2068 
same—except Register’s bond with Comptroller................ 1006 2068 
650 378 
Bey ea iam eek a om an eer ea Re UL he an, SANE adultes stam tal tre ly obese anitie 651 382 
652 384 
AEG. eer he Ge) Cae OGLE TEL) (hate © LCT WILT Liv ts be eta bec mds bm BE ee lee ales 651 382 
DRLOreeI es atiCOmOleOrry-fCeCn Ge ani ka < is Se eal | seus dme co the die ole 658 416 
Blt ON Oe OLry-KeCODEL AW HO ana Vr DEINE & ay ctesin ew oe Gla Rta ere a « 659 421 
Pater er CIE GLO TCL LCChge: arts air cheatin mt a. ts pa, pine der Lie ae SPO ar eee ug eae lbs 690 568 
TOD eT asl TOI OVE CALGan bere. sci ot we eitie Ca ic wie oters be he be 715 679 
Delorean ileine. carcasses. OF dead. animals. wic.gs cei. eseecs Vist aidyeje wr Oh 715 682 

with contracts for construction, reconstruction or maintenance 

of streets and highways, see ovelow; also Streets and High- 

ways. 

MIE OOlEtaCts . FOr USIP eCCe eri iimlllS 5 Gaia .-cte oe Sic Sew e etl o shea h eae (72 1077 
on permit for underground wires, ducts, conduits, cables, etc.. 782 1102 


what is breach of, for conduits, wires, etc 


by companies obtaining privileges of article on electric wires, 
tubes, conduits, etc., to observe regulations and pay required 


DOGG itt ee Ole CeCELDUs OU atias ch ay Sere Wie aa e Ciao, ee de Ohteee 788 1125 
Miu EeaCi stl) Cley GoLeeet se. LIS tlin S weccne. civese eee ON au cide aie abe 1a5 1160 
with contract for city streets lighting in southern Pee SOUR ea inks 796 1165 
with contract for city public buildings lighting (repealed)...... 798 UW Was) 
with contract lighting public buildings under new ord. (appendix, 

OT Marae RES aa ce ciety either alg! sho sate Wer OP hao kae Bay Qn oy 66 lye apes 1147 
of telephone companies before using streets for wires, etc...... 801 1192 
PI COMMaACteL OL Ia DOSa OL Par DAS Gt eas sie cislitectaciae wipers tusls o o's s hs 804 12038 

enaiee 3 ( 822 1275 
for bail, in police ROU Ue Bes ary ortie ward nal RUMP ai ted aka he a aa 1 827 1299 
city appealing trom. police)court need not! give...) 6. sea eon. 828 1306 
when defendant appealing from police court may deposit fine and 

AL SE ep A Waa ECR yrs ey a A a kre ok i Cee ea, a 829 1310 
CH gota gas el OCOD GT Ropes Vids ale Rama Oe gis RY la eae RE ST aE oe a 855 143 
Mayoremay order renewal® Of whens... si sis os ot Se os oishe pw love’ aide 867 1498 
Mayor to execute all appeal or other, for rey Rn asi otal See ne eae 868 1507 
PONCE USLICE. IDG Yurediires GlLeVvaAsLAN scwict ie cais clisete Coo btehishe wat: 897 1636 
from officers Mullanphy Emigrant Relief Fund..........:..... 903 1664 
Dee DIES Pe OTM CT Ul PAu Ts cawle sec eve: sci cuiteh a lallc We or eke hel nial, «8 ata atin dh 928 1794 
Cs DOT Celestina. een CaS Cia cd ig NSAI, Geta id SL Pb RS vf 06 932 1805 

1817 
for Jicensen- LO reve OICleR cA TOWalCDCALCU yf. omc dis ne in tiny so als em 938 to 

1820 
of railroad company using another company’s road............. 964 1897 
from persons making attachments with, or altering, repairing, 

CUP LOS OL EON ALCIOW OLR Gadi 0 a, sate. le Mpaleccin Ne ata a mek thie 1107 2504 
of portable BUCHOS MCC LEV A OW OIE TOTS. cen id ore Wr white atala: 12% retaratenee ss co atuts 1128 2585 
to secure contracts for public work................. ee be SS i 987 1988 
Mita COMO ee Reh tase fee's ia ater 2) eo terah ooo, Serna Wey intial Grate hs 987 1989 
same—decisions on who may sue, and for what, see note to sec. 

LORD eee eek Vea s ens te chal BAP OR ek sail ctots hsite Reds aihe wll tone fs cao as 987 
Pre AU CLIO NGG Ri meee en ti ame oe Lott LYS Gost we hrcdate Ad felk es aoa kb useless 1020 2128 
Ta TUAIT eo VERIO) LEE LS ee NR Pe ire Ah fas St nya tO hae DS AGRE Gogh GER Skuse bs dr BS QR n 1021 2135 
by manufacturers, before license, conditions, efic.:............. 10338 2190 
by merchants, before license, conditions, CC... 6.6... eee Awd Ue 1036 2201 
from pawnbrokers, before license, to observe ordinances........ 103 2211 
of runners for railroads, steamboats, hotels, etc................ 1045 2240 
Ghaviaui, PCOlOAeT Ss, PANE SCON (ICLONG..)s Gis'0p0b ciehe ivpials minke #0 aerate pe cava 1050 2267 
Collector may take, from his deputies to secure himself......... 1056 2292 


to pay unpaid special sewer tax bills, when allowed............ 1059 2304 


1180 ANDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BOND—Continued. 
bonds: for, contracts to furnish .city,supplies: i. so eee eee 
from employes “to secure “Treasurer: .¢ ..2 ise sees es Stee eee 
from employes to secure Assessor, etc., of Water Rates......... 
of" weighers on: privateyscales=. i... whee os ieee iis beeen peers 
what is: breach, of .welehersite ofc cece eitede sia 2 as eee eee 


BONDS, (OF PUBLIC OFFICIALS)— 
remain “In: Custody OFPReEsI Sterns set eee ke ce eee ee ne 
same—except Register’s bond, with Comptroller................ 
all city ofhcers*£0* 21 Ve foc ee ce eer ct eae ee ee ce 
approval of form of, and of sufficiency of sureties.............. 
approval when compellable by mandamus, see note to sec. 1677.. 


Mayor to approve all city bonds, also Constables’ bonds........ 


to. be ‘filed. with «Register? 732. Lc. sme ore ee ee et: Oe ees 
when new; may .be required ‘of ‘officers s.. 222 ies... eee eee 
to “whom *new -bond= provision” applliess).4.: an. ao aa ee 
bond: examining board, who constitutes; .e.. 1... ee | eee 
duties of bond examining board............. SORT Makes ratets te 
neglect. of: duty of: board, misdemeanore 7.2 ies ss eee re a eee eee 
of- Building .Commissioneri: x. /-3./2 cas ee ate eee ee ee ee 
of janitors and night-watchmen of public buildings............ 
of (Deputy, Buildine-Commissionere: oe + «one eee Pee ee 
of Chief Clerk, Assistant Clerk and Permit Clerk of Building 

Commissionére ss (2 Ase Acre ctee ae ort eee ee oe ee ee 
same amended by ord. 22778, see appendix..................... 
of: Ghiefinspector of “Building “Conimissioner-- «sa eee oe 
of other inspectors. of Building ‘Commissioner, .2: 2)... sree 
same—amendment to sec. 34, see appendix, ord. 22749........... 


of City ~Survey Ors secs 55 sisters ahs ae ete etieit a eet ees lsc code” o) a ene es 


Of COLON hos cers Re Re Oe cee A ene nace age, erate en ieee eee 
of factory inspectors deputies and *clerike. 2-0). 7... ee ee aa 
of chief i of ‘Fires Department 2... sac oe as ee i eee 
of Superintendent of Fire and Police TFelegraph................ 
of ‘Clerk’ of: Board’ of; Healthy yas eee ee ead eee eee 
of “Health Commissioner:2°2 0 cre er ee ee ee a eee 
of: assistant Health) Commissioner caisson eee 
of City Chemist: 2.42 ene so ee a ee ee eles os en eee 
ofsmilk: inspections employes. 2) samen a cbena: orale cre eee 
of veterinary surgeons appointed by Health Com’r............. 
of inspectors of meat, fish, vegetables, fruit, etc................ 
of: Superintendent: ‘of -Poor-Houses 220 eee ieee. ere ee 
of Supervisor of City Lighting 4: 2 eee ea ee ce tee 
of subordinates in garbage division of street dep’t............. 
Of City: POKESTER cnr ci il Slashes eet et eee meen teach? ot orca 
of employes in department of City Forester................... 


of assistant .PolicesCourt. Clerks:> 7ueieme pepe ie ee ere 


of ‘clerks..of: Police: Courts ars gig feces eee ee ee eee 
Of: MarsbalgcA nln: ta tsta siete eoerele a ole ath ove ints toteae ip eee ete mei eee CoRR onetee re 
of City Attorney and Assistant City Attorney.....:............ 
of Associates; City PAtIOTney oso, Bes ies oat re cee enn eateae ete tne a <a. 
of : City ; Counselormeie meee aoe 6 doris fe ree ae eee ee 
of "Associate Citys Counselory or 23 Ui ee o use 25 Des ie Sree eee a te ties 
of Second Associate and Assistant City Counselor.............. 
when new bond may be required by officers.................... 
new bond provisions to whom applicable.....................+. 
Of Jailer nA 5 oe. 5 POTN Oe ae creel ohare coe eas neh are ele et era ee ae 
of deputy -jallers snards) Gfallers. aoe eae ee ore ee 
of Work-House* Superintendent#.e mie. 2th ae + tee cee eek eee 
of, others.Work-House: employes feu acne Ose sik ee eee 
of Secretary of Board of Examiners of Plumbers, see appendix, 


OTs 23007 =45) SR See co taser seca einciee | ene n aen a e 1150-11538 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


1181 


| Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


BOND (OF PUBLIC OFFICIALS) —Continued. 


of Supervisor of Plumbing and subordinates................... 
of Secretary of Board Public Improvements...............:.... 
of Assistant, deputy and Assessor of Special Taxes in office Pres. 

ESET Dae Liked Rte OL ik a Le ME RC ee Owe Stee, SE falta halal ees 
of President Board Public Improvements...............2c00805 
BUN malo COLIIBSLONG Pel iat ie precise, ney © ce mee RS NRE erete 
Be ASOWwelaCUMIIBSLON Glee et wee eal fe che cc. Swe Sew Soe Me oe core amas ole 
OE WELGLAC OMIM ISMLONGI Erte gale ou ahe GS ilcsa we cates sic ess wake babe ecu 


CLIPPER MeO Se OIG Lime Brn ee anne re. Lor ake Reiss aaly Nip telaecet ea Maree a 
of Assistant to Sewer Com’r, Assistant to Water Com’r, Chief 

Mechanical Engineer Water Dept. and Supt. of Park Depart- 

TARE Came ca eater Wn ela ned Capit caters catty oe’ vugher de aie ¢ ace! 48) acaba 4.8 o laiel Mrs 
of employes President Board Public Improvements............ 
of employes in Sewer Department not otherwise fixed.......... 
of employes in Harbor and Wharf department................. 
Die eCOrUlere Oller WOOO He neem eran ee es he eth Ge DSUs Cano a bike oes 
Ore ecuruers (Allien Lor elve: CLOCLZ OLS. occ sai ek 6 eR be Hen o's d 
EMTALA LET me retet ee el atau ts FUORI The a dies eS ore heiwie cae eae cofeiels ea 
Comer CSrUCiEranie DIS tricueASSOSBOrs one oc cecicciis date cslaie eee o13 v8 
Ore SUperscuGa slicense -COMIMISSIONGL: a scien. wa urd mine cde auele eek ts 
OLecertail eniplay en OL lICENSG7 COLLECTOR... .0 Sie arn aint die G70 0s wees 
OL OlMeGlUr: WEQUISILES) NEW) DONG. COUG fia cidiete ors late nlevasalei ela Cle.e ea es 
of assistant clerk of Inspector of Boilers and Elevators.......... 


DIBLOSUPCLOLVOCe sO Er Ae ally FlOVALODG 2% 2 cites a ver corse € FE 2 soe 4 ee 


CELIO IGS me PMRO EL INLC at, rere tele o cte Nia On nhc die Bien! FL el ep elave sp sheen 5, gloves a's 
of assistant inspectors of same.....«......... Pe eave eats eee Se 4 
82 (UEP SAVE EADS A OM OR ey anes © ee er ae a eee ee en ean 
Cimtiningeree Or DOATOCOL MN PIMCClS 0% cite. ee at sas a conips Bcssle fo dlw abs 
Kio OLE PSI tee SaILISDLLOS ciahera te aierel sie acaba 4s Flee niet e ashi apie al slg 
ele TSG ART yA oa ge a arn 5 PRI pe are oe ae? toa es Pe Re aoetes <r eee 
LAS OTF LET CULL CT eee ees Oh ok ee a are is totes aks ha iere Markie eae & ei ejmi kote wib ons 
COR OAS t wre Care hie ee ates goes che Wretera: Pegs fe Soke FAS: ite 54 eld veiw » 


TRIAL LVM SALITLE Gates eink! sreienedre re nae whee Sec ciara sek tie poi we ove 6 
Olsitispectoreorm Welznts and DIeasures ot reas wie bee Seles cen be 
CTE Leis re AO SCALOS teeta ceeiecipowian, Mahs ohne raiRedaloial a osliovere Wek ave anierele tes 3 
RAC Weeds VOLE HGIIS Oli ates a atte a cgts toe a nix, o% we 2 cate NN seme 


BONDS OF CITY, OR OTHER CITY INDEBTEDNESS— 


NO Weewiere sO TOY ew OMI cl Ucn ere trees ot Gk 28 ho. 5 amg ee ba 


regulations for payment by treasury department.............. 
crediting treastirer with) canceled and (paid. Wo. eee cs tele as 
SAIC OL PLO a tT reDOLLCUr COMA UILOL San Ts Sete of wit fiom a hcsic sb sibs ei ayer ee 


coupon, may be exchanged for registered, how.................. 
CORTER arr elOTi1l Ole FOP ISCLOLeien wh oe kee a eek ee eck ele haa 
transfer of registered, cancellation, new registered to issue...... 
how principal and interest of registered bonds paid............ 
cancellation of, how accomplished, preserved by whom.......... 
register to keep book of Register of city bonds.................. 
Day VICI I O ba DCO et er LOSLLEASIIT Viel iltiacdc ciate es dtd «sles beac ee adie 
Assistant Treasurer to notify Comptroller each day of, or coupons, 

RTE cet be Cl em re et te Gren eM an 0 Cec ALR Vey" vehalariente. out io lors a%s 
este PLI0UIS) WW ALCL DOR S SIT INE TAIT, aid ee ec ok a vile eee Me oS 
sinking fund, how invested by Fund Commissioners............ 
TOT LOL LUNE TES erties WALET- O11 Bien fel nas ie: ow have lw ow V's bles Slee 
renewal, AuUthorizeds Orussarsod, TADPENOGIS. foc... ccc ese tesae 


BONE-BURNING, ETC.— 


when nuisance, see Nuisance. 


BONE-FACTORY— 


See Factory. 


BOOKS— 


of officials—See names of officials. 
of public library—See Public Library. 


SEC. 
1792 
1911 


1941 
1995 
1996 
1997 
1998 
1999 
2000 


200] 
2003 
2011 
2012 
2049 
2050 
2067 
2071 
2116 
2121 
2289 
2325 
2338 
2339 
2340 
2342 
2343 
2369 
2406 
2426 
2439 
2450 
2451 
2542 
2555 
2562 
2592 


2394) 
2390 
2391 
2392 
2396 
2397 
2398 
2399 
2400 
2424 
2439 


2442 
2528 
2529 
2530 


1182 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


BOULEVARDS— PAGE. 


[For items equally applicable to other highways, see Streets and 
Highways. } 


ordinances for, to be prepared by Board Public Impts........... 968 
BRAKES— ; 
on street cars—See Street Railway Cars. 
BRAND— 
PUINMINE, NOW Carried sines recta awe ee eee ean ae tear caehcher reads 612 
BRASS KNUCKLES, ETC.— 
carrying “isanisdemeanor, s60< ts. ce ee cl eed Caner eee 879 
BREAD— 
A0ULLera ton :Olisse sk wens oe oe steer gost Ngt ad to Ory Soathle e ass eae Ri ee 688 
BRICK— 
See Buildings. 
quality sot: in Dulldingsy 2 fae s po here teens Jinan sas So Span Ene bale 570 
wetting, when andi when nGtuc 1:2 te wy Se a a sina ee 571 
walls, .thickness sots pete eh ae ee ee erie fc eae ee a, 571-572 
PECTS Wi OCCR Re ah re RS Teg as gta, Us ELL Gees ede Seen 572 
SLOTIEGS,) LCS Pay te isc Pk OR eh ai ge ha lcm, ota a ee a a ATS 
BRICK-KILNS— 
not to be opened or operated without ordinance................ oy: 
decisions -respectin2;-seé “note to. Se G20 4.5 eee ne ieee ena 704 
BRIDGE— 
over Mississippi-—note; to. see. 345. ee ete as ee ee 4 636 
rate of speed over, violation misdemeanor..................... 883 
speed*section tov be: posted On 3.07. basen pace oetcitee ccs yh taarae aed 883 
to what; ordinances: Bppry.. 20s cee eee a ee ee eee 883 
BRIDGING— 
See Buildings; Excavations. 
BROKERS— 
of stocks and bonds when must have auctioneers’ license, see 
Auctioneer. 
financials. require. licenses ae. i... ee eee ies eee aA AME cok 1021 
mining-Stoek; licenses 2G rks oc Lake ee ade CR nate sian sow TL ees LO21 
amount; Of) IGEN BAs Gee oe ere a EE Cc) OR eal 1021 
or: financial agents; defined .o.b,. 2 sneer et ai etc. oe ean eer 1022 
postine?’ of  licensesotOwaic cata. Greet Shek ah cies cares eee eee 1022 
licenses not: to 7isstiie i610 whom Gaia. ere eee ea es its es ah cal ome 1022 
penalty violating article: relating sto7 eee ae ke ee ee 1022 
mérchandise, “defined swe soa ao. Dees 2 sah ee Ree 1023 
merchandise, and all assistants and agents, require license..... 1023 
penalty doing business as such brokers without license........ 1023 
house and real estate, see Real Estate Agents. 
railroad and steamboat ticket, see Railroad Ticket Brokers. 
BUILDINGS— 
See Public Buildings—Commissioner of Public Buildings. 
to: - be -inBpectedase ss eet oes ek Ci ak MI ae get ee eR en ree rch Jake 555 
governed by new building ordinance or code................... 556 
not to be altered or enlarged without prior inspection.......... 557 
alteration or construction to conform to ordinance.............. 557 
reconstruction ‘of, buildings’ damaged by fires. s.... aes: oe ae ae 
not to be constructed or altered without permit................ BST 
plansjand, specificationsetor,“toLpe fled sy.) 2. wer aceees ee ea eee 558 
plans and specifications for, shall show what................... 558 
plans and. specifications; approvals O14. tw ec tae oe eae ee 558 
alteration of \plans<and«specincations\6: ss cues slewine Frere een 559 
permits for, extension, cost, revocation, ete.: see Permit. 
Tee TOP INSPECULON /OLRE ey eerie nee ee era ook ahs EGE ME Ne aa 560 


duty to notify Commissioner when ready for inspection......... 560 


SEC. 


1913 


227 


1548 
1549 


552 


84 
85 
86-93 
94 
95-96 


625 
626 


1570 
1571 
1572 


2137 
2137 
2138 
2140 
2142 
2143 
2144 
2147 
2148 
2149 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1183 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BUILDINGS—Continued. PAGE. SEC. 
no lathing, plastering or sheathing on, until certificate from 
FAR GOL fee OVE eee br see deo Sia oo Osis Po STOR even hale bur Av 560 56 
iter eee MOVIE sOracOalaliory OWE st, Been satc Gels ae iiss le iets 561 xe 
PIS AG PORTO, OLE DDSOINELO, GNCEI cir vs Se ds eae be nee le gue 562 60 
NSeuNntidon OF Lermseti- GOramancesAlecting 2 cA os. Se tees we o's 562 61 
WHalwnre: Ofclirstreecunn. Lola alloy LOurtl Class: . oc cake ahs we 562 61 
Pat Classe Initists HELOONMLMICLOU LO We oc tiicte (kis cechs Sie Se a emt erates 563 62 
PAS Oe er Perm Lae eee Ae hore ane eco a iBT andar a solm Bast whet abatee ia 563 3 
WOER AEE SOCUIIG TO LAO were mere Wee bmi ae cfg Se celle Kil te gn MW abne a Se and 564 64 
WV EDEL ete ek ECC) ir) Chie ee Me ee ees) as Sorat s, scan oh Oa oa lg wp 564 65 
TOUT Class PROM OO Weur LU Tr e-T INNS Joo sus) fais leah oes eieda le ohn 565 66 
LE eee iter UO LLLPOy meee, ee Re een ies Se uN a TE Sel oe ey ble 565 66 
PHOTON AT NETL LS caveats «se PET Ws UO Wiis ancy Be Aa xb ate 565 67 
TP AINO meter FOr lle reir, siete a aa ees elt Piven oe nee Stee Pew d Gale 566 68 
POPU eC HIS AW eT ORIEL ITEC etl eetltei e ess ed eS os ae ararw ue dice Beas 567 69 
TBC Re Ree oihe 112s SPO 1 Pe Onl Use tice Ou ies ce naa ey ees ee ca 567 70 
BUMS Cee reer Ole ae eras rE AN Ae eg ait) AiG sane ig Gace hele ccc 567 ‘pk 
excavations for, see Excavations. 
PrOUnUue ces tUle lL One. CLeCulie len selir nites ee eee hd oR des con dn lecs oe fh aie 568 74 
Lice ORCC ALT LCC? DIVULGE SIL ce ers cea 5 res re SEN ocellatg a ane 568 19 
apP We” ee hea a ae Sen pS oi a ee Sc gc an Be 568 76 
POLLO a Lem W LACES COULICCIia a, ae wai kes GA ese cle ha aes eke 569 7; 
ground dampness, or water, must be drained..................% 569 78 
retaining walls, requisites of............ be Aes eh cmp. BasabeAe a ng rtd ok ae 569 19 
aay et) Se 6S ae tenor Wie en Free ee ine TRY Pt oe ck 569 80 
RI rtCREE IE LOC WV cl ice Meek ee eee fee eg ic TRO MG aa HS ew Ao 570 81 
TOL EA IT Roa MM Ree eatin rd ee Ea ere a ae EAR RIN ees A eae: Sieh Mais 570 82 
same—new ordinance No. 23013 appendix..........0...6........ diss 
RAEI ea eas CORLL ENTLY Batis ee a iar nn se RR CIN Gd Gehan gL Gg vate 570 83 
Prima Orica lrtiayOli ce ChUelLit Vicnn tJ eee enw ee id ee Wea bg bale coals 570 84 
WEL ce MTT e Alken hs cen oe SA Ue Oe Fa Sg ths = Rea ee 570 84 
Tatas ead POALE Thane UU cyt ares ste geet he be eg I ene late bs ie ot Pembina Slacwahe tel sy el 85 
‘ / : BTL 86 
RIS RTE Em OMELIT ICN Walla) ll eae ee aoe od te Se ete chee ate bas { 574 102 
WO MTIEC SAUD GORGE ow LLU SESS cen Acts sa Clow bie wahece aoa aie eclieehel aie ia se aee B71 87 
walls in, with openings, bearing walls, thickness................ Ty gi 88 
ees ER SEN SUELO SS ns Wh Cet Plots otc vse Gas eae Sake WL EHO ols ata as OM bale 571 89 
Meliss Wither Spaces eAlGsnOLlOW, DLiCkK ce st cusetr ese Ula oath we de 572 90 
restriction on use of timber in walls.......... pra leer he Rs 572 91 
non-bearing walls in, may be of reduced thickness.............. 52 92 
PAGE Neen Onn CUT CAITL CW an Loc AT) -toc i) Sele, Suderw auton atte alate iels tues wet alias 572 3 
Drmck.or stone, pliers, bond ‘and cap <plates in v.02. 2.0. Adee. 572 94 
Fi Claes EMPEY CI OM WATS ie ot ent ae ey ee Le eee Se me Yn 573 95 
DIC RaW POL POUE-SUOTVs hae oo 1. cre Nap alee Masse As ailiete Ske we HBS 96 
BtOneislat terra Collar ands Metal’ CACiINGSH1Tls Wei ciske awe edebela owe Bia 97 
PALL Ve eres Stine oll Sa yr UGalU SOU vars Ae oe ye dear ole Ltsdvese ed soe» 573 98 
party walls to be carried above roofing..... Pcl itbar ed item as 2 574 102 
INCreNSI eS Miele OF CONLIN I WetL ised Tits he eee ak wieie te teat aiaim ooo kn LY ft: 99 
walls of, not to be carried up in advance of others.............. 574 100 
DIGES ot OW CO LOC cere ate snk ite ape eek cle ahsaake wih eta tee cc este a wie | 574 100 
WALA caremeOLInSy LO DOCOL ACL te mewn arth Gio ako cigey we Sale Naane: «aoe 574 101 
AT ALCL ee CL rc 1d COUT OS et ei atin hate Pain ghesiasel a id thet pone 574 102 
brick walls for dwellings, lodging and tenements................ 574 108 
LAUGH yey Alen AT ieee LD Lhd ED tay wear yk ttre woh aha aiace s Riadeod wings’ sco 0 6. ¢ 574 104 
Areorool, Waller or ict BUG vel L SHALES. Cad secs coos ewe ch ae 574 105 
DAIEN GOL DOMOWa Ler bal ClOmrWallsu OlG. 60 sdcie kw leks ciel a aly ela coo e 575 106 
LET LUTE eh aeEe er aree nL eR or fers ne PAs. glo deuetatere scattalens. < eg Dt. 107 
TRLGUAL LOU SE Title WARE OE UL EY Sige RU Th tet gig reg FOL AIS a ead ws ke Eels old Kays 575 ° 108 
DTG-DIGGL: (OALEILIONS 1 1il ay eee ene are bce oa chewwie, ayeynrehe s oe Se 575 108 
Tver eee LE Dat Gs ULL ey Ale Re tek erie oA etlon. hb: 4, Giwee Woe sundaes ss 575 109 
Wall;to, be plastered, DACmIOL AVAINSCOLINE oi acc. tds Wares vem ee os 576 110 
ceiling of cellar or basement, how to be plastered.............. 576 111 
ceilings, partitions, lathing, lime,: coats, etc., see ord. 22748, in 
PENG Bt OE Rf Mo Ar Bag oo lS A 0 Se 1135 


RO Ce EL Ge WE LICOT ILEUS posts aie, odin encla''e win n ecules, wae mie Me ace 577 112 


1184 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


BUILDINGS—Continued. PAGE. 
rools of CONntISMOUS 6 ohn eee ieee aes el cree ee coiccene le oe ee 577 
mansard roots defined, ;Arepro0tS. fos on sae eee eee 577 
repairs ‘and -renewal Of *roolspin we. occ ae cles oe eres setae ee ee 578 
meétallic leaders *fromvroots O00 227. oe eects cts Cee ne een eae 578 
draining water: [rom TOOISHOL ocaete os ees 4 a eae eee 578 
COPNIGES. ON Fak Foo Shy es ce ate ee eae Ee ona PR ta a gk eee eee cee eee eee 578 

578 
balconies’ in, .may CxXtend snOW! Larne. on ns eases eee ee ee 812 
777 
bay. or’ oriel* windows, regulations concerning ...).... 0. ae eae oe 578 
show. windows; “regulations. Concerning >). oa. cs. ocr cee tte one 579 
signs on or attached to, regulations concerning................. 579 
towers, dormers and: spires On “top Ofc.) soe ern ote oe ee eee 579 
penthouses Ons: How 2GONSUEUCTEC Use eee Soni ie sie ee ie ee 580 
water:/tan KS7 Om st 5 8 tae Sake ee cette eee ci rere eect dan state teks Cae et nines Sane ee 580 
least. thickness .of--wooden? beams Ai. oe fe oes vi a ce ete a eee 580 
joists;to-be- covered during construction Of. 65... 0s 6. eee 580 
in-construction’ of, sworknien, 10, be: protected... 5... en cis ste eee 580 
wooden” beams ini party walis vole. . tamer eee eee ee 580 
ends'.of; beams tobe: Develedin os © #..54.4 b weak aise rete eens onees 580 
bridging; obj Osta in ae rae ir ete Reet as rie ote eee be tetera 580 
anchoring walls to joists, girders or beams.................... 580 
wO0d WOrk« OM DeAMs- nearness. Veta.n «a ere ae eee ee ee ees 581 
trimmersor Neader: DeAMBO1IN. |..e as eas ae een. ieee tee 581 
StITTUD CITONS (eeciitehs 5 eck cies diets Eade te tock eden cps Re eT eae ees 581 
cutting. beams=forre pipes. oi). ,. 7: ioe cele ee eee eee pee tia ee ee 581 
fas ‘and avaler PIPES i Nsis Skewes pte tee tree nae el ee ee ee 581 
stairways in mercantile and manifacturing bet Sep ba PA ee Se ERK 581 
stairways for hospitals, asylums, schools, halls, etc............. 582 
stairways in hotels, lodging and tenements, etc................. 582 
scuttles. bulkheads,,laddersy j.coeecry eeee e bic W kot ns stoner erect 582 
fire-escapes in) de 5000 2 Fi% Le e ee ee ee ee te Seat hz eo 583 
stand-pipes ‘in. connections with mires<eses pes... .1.... mae ston eine 584 . 
stairways and fire-escapes to be kept unobstructed.............. 584 
fire-doors: and «shutters necessary -wWilenlice... «. .s/.. .csee eae 584 
shutters; “how? arranged... i.\iaee see oe eae eI ores tol cc a, sone eae 584 
inside ‘ATre-doors. oes Si ees Pe is Le, eee eee 585 
fire-shutters and doors to be closedvatenicnt......:..... some aes 585 
sewer-connections in mercantile or manufacturing.............. 585 
fire-places,, chimneys vand) fluesvin wove ce pos: <0 die ie ees { oe 
supports -Lor7 chimneys - 10. k ere er ere ae hes aes ae eee 586 
fire-places..and «hearths in: sete ee eee eas eer, ee eee 586 
boilers; furnaces, and OVens inteseerer eee) ce. he Ce eee 586 
stoves, ‘ranges; ash: DOXeS, ‘etG 27 na eee ter tek Cn loe Sass Mie eens 587 
smoke-pipes, hot air pipes, registers, steam-pipes in............ 587 
botlersroonms.“coal or. ‘Luély rooms isi eee ee ee ee 588 
Hoilers NOUSeEs* ie Se oe he ee ae tee eee ee ee 589 
cupola furnaces for foundries, chimneys what................. 589 
burning Zore Sasyan Anessa eee ee ee CP er) eee ne em 590 
PAS AXTUTOS HI Me GS Wake Saxe oa oie Shane Renata ye ete ct eet ae 590 
gas pipes and fixtures to be kept in order by whom............ 590 
hatchways, well holes, hoistways, etc., to be guarded........... 590 
hatchdoors Tors Elevators andsHoist wave wee tee ee DOL 
inclosures of elevators in mercantile and manufacturing........ apa 
elevators -in> connection withrstaimwaysi- ete oe eee 591 
eleyator shatts erated SALE LOD. wti. «cee cmmnnim eevee kin un ce sarees ae HoT 
dumb-waiters shatismmienn. crikeore ce teie en een eer, oe. taraat Laue 591 
sky-lights ,0Ver. Gl6évatorsins ik aac ys cee ede Sait ale ne ee 592 
strength. of Moorssandsrools: im) reared te i ee eee 592 
same—respective loads of different classes of buildings RUE ic eee 592 
strength o1snoors. fo “De -COMpPuted. ee be ie ehh. cee ee 592 
notice posted of strength on each floor of mercantile or manu- 
factur ine we dys ees Ae ed ese ictine, te ie Sano ee 593 

COLUMNS VAD SRE schoo irra ew b's ors abee ot ceaen tec oie nteie oes te aires ae Teter a 593 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


1185 


Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


BUILDINGS—Continued. 
Renee MEN AcE LILI EN SS ALE sock Warls chcssde' re gus beatae yale Se eee ee a al: 
MMO SE LTUOIE © RP at Ae eae ey aha noe a fe er de eas Rea S 
UML AAEM LIGTINGS LYE ghee lb te Mean deel arash a gf sare DEES Sk a Bd « Mw 2 
TACUOTSLOR PAL6tY: Stlowa ble Uni lislressesritien, ne cows okie e ccy ee 
POPSrIOTLON, OLWLLOGT) BrOBe Ti. sO, | tose nelle Fee one Rie eee 
MOTOSEPIOCOUMLOUN en Peds Ei icc wea Cen x ke Se ta eek we hiecas 
same—when stairs and elevators Open............cccceecceeces 
BHBIGLOM = CUNSEEICLIOIN CO ait hr. ue cha Pees or ee oar Sea cere hae 


wind pressure one skeleton...... Che ee era ene A aod AEA eat tare? ote 

construction of skeleton, to conform to standards.........;.... 

fire-escapes, rope ladders in hotels and boarding houses........ 

posting notice of compliance with fire-escape ordinance in...... 

watchmen in hotels, lodging houses to guard against fires...... 

height of rooms, ventilating skylights, windows, etc., in hotels, 
apartment houses, etc........ VS Face Pe Fite hea EP a Dae 

used as theatre or opera house—See Theatre. 

stairways, exits, aisles, curtains, stage, etc., in theatres—See 
Theatre. 

doors of all public assembling, to swing outward............... 

aisles not to be obstructed—See Obstructions. 

for private hospitals, lying-in homes, etc., regulations, see ord. 
CORRES hia) rae ye Valah Ge 2-8) 1 koh a Ak ls oe | Grab eile oe Un ears MA Shaan Raa 


PNGATEMNOLICe,. LO sTeMMOVe.: Ol MAKE SECUTE ck clerk dee eck dewe wad J 


unsafe, cost and procedure to remove or secure...............22- 
LGC eb ERG Taegan e OVATE Se aS a) eae |. Ea ua aan ae ioe a ee ok 


agent or owner shall not rent or lease unsafe, after notice...... 
commissioner may enforce any provision in building code, how.. 
Gosts-or enforcine-buildin=, code, Hen On CTC eo ie. ck ae ciao cones 
BOUT Sera isin Ula DLP IAT Let 2 OF ala arate aiarere v iual'e BR dees Rice thas alare tee 
cleaning and burning out of flues and chimneys in............. 
petroleum, naptha, benzine, hay and other combustibles to be 
ETT BEAD) TNA EL te ied peg oe BR rr Seer eo Sinai a iain an see wighs trot ak. + 8 
concrete, etc., new ord., see ord. 23018, appendix............. 1134- 
PY UC DAT Les POO TELL AWLO LE Sc etc sce oiare a eins Wha) whys sha st alalgle { 


for cow-stables and dairies—See Dairies. 

vaults under sidewalks from—See Vaults. 

vaults, privies, water-closets in, see Vaults, Privies and Water- 
Closets; also Sewers. 

used as tenement houses—See Tenement Houses. 

used as boarding or lodging house—See Lodging House. 

used as hHotels—See Hotels. 

temporary occupation of highways or streets while erecting— 
See Streets and Highways. 

PTI DLSI ee LEOTIie) OULU ere tears clata a Be die wae e nade stdieiyia orb he whe a: hints 

on property condemned for street, etc., purposes, sold by Marshal 

down pipes, or spouts on, soil or waste pipes in, etc., see Pipes. 

sewering and plumbing—See Sewers; Plumbing. 

independent structures at markets forbidden...........++...--- 

what shall not be erected at markets.........eceeeeceeeeceees ; 

letting for bawdy houses—See Bawdy-Houses. 

letting for gambling or lottery—See Gambling ; Lotteries. 

damaging public, see Public Property. 


water-connections for erection Of.........- eee e eee eee eee enes 


use of water for, being erected. ........ cece eee eee e eee eeeeee 
water rates for different kinds Of........-:eeeeeee ee reererecees 


613 


768 
768 


SEC. 
178 
179 
180 
181 
182 
183 
184 
185 
186 
187 
188 
189 
190 
191 


194 


212 


216 
217 
216 
216 
218 
219 
219 
223 
231 
232 
233 
234 


349 
350 


1186 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 468-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


BUILDING CODE— PAGE. 
See Buildings. 
violations of, see Misdemeanor. 


definition-of } terms sed. Jin ace. ee oe cahecs eres © aati an Pee nen 562 
provisions of how enforced by Commissioner................... 611 
costs) ol correcting: violationstots now paid)... orb ee eee 611 
vidlations: of, "to be reported “DY, NGHUCe.c 1 stares oc ie ete eee 611 


BUILDING COMMISSIONER— 
See Commissioner of Public Buildings. 


BUILDING MATERIALS— 


See Buildings. . 
on streets, etc.—See Streets and Highways; also Obstructions. 
BURIAL— 


duty of coroner concerning—See Coroner. 
of dead animals—See Dead Animals. 


certificate for, to be signed by registered physicians............ res 
without. proper: certificate; penalty2 .{tn.* «<u, re ee eee oe 
certificate for, where no attending physician................... 742 
none without reporting death and obtaining permit............. 743 
742 
by sextons, overseers, etc., what required... 0.0%. 2. ese se ae 743 
747 
by sextons, etc., failure to make proper report, penalty.......... ‘ ye 
form: OL blank. Certificate sf0rs. 42.4 eee eee ee hae i pease 744 
removal—See Dead Body. 
violation OL article; on mortuary -recordss..e ee ee ee 744 
intering and disintering bodies, etc.—See Dead Body. 
authorized in what cemeteries, etc.—See Cemeteries. 
body “to Lbe buried how’: deep nie ee eee ee ee 747 
when Health Commissioner may require................cecec0. 748 
ofsbody “when required, penalty lor retisaicecw... 0 se eee 748 
delayed; -duty of “police, ete; .2cisee eee eee ee cd. oc 748 
PLOCESSIONSH SF o:c6 55. oe aa as Rye de es Sree Re Cc ie hn cae en 879 
BURIAL GROUNDS— 
See Cemeteries. 
BUSHEL— 
standard ’established .%sc. sec. ts tice Cece ew ce eres eer eee DEL 
See Weights and Measures. 
BUTCHER— 
‘See Meat; Meat-Shops. 
when= guilty .of niisanceac..... a. & ope ee a ee a eee \ a 
stalls at markets—See Markets. 
may be mieat-shop) keeper, see Note 10 SG IBTS saw. eves cc al cn 862 
and meat shops—See Meat Shops. 
BUTTER— 
how sold—See Markets. 
products’ OF SmMilKy less s,s casio ve betes ais eynee aire Ornette een Matec ae 675 
See Milk. ; 
CABLES— 


for electric contrivance in streets—See Hlectric Wires, Tubes, 
Conduits and Cables. 


CABS— 
See Vehicles. 


CALVES AND SHEEP— 
See Animals; Cows; Cattle. 


SEC. 


61 
219 
219 
220 


701 
827 
827 
831 
§28. 
829 
827 
830: 
858 
832 
833. 
836. 


839 
854 
861 
§62 


863. 
1547 


2047 


498, 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1187 


( Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


CANDLE FACTORY—See Factory. 
CANDY, ETC.— 


BUUMGeraAuUOn: Of. Misdemeanor... SS ee we ee es 


CARCASS— 
See Dead Animals. 


CARRIAGES— 
See Vehicles. 


CARONDELET PARK— 
See Parks. 


CART— 
See Vehicle. 


CARS—See Street-Railway Cars; Steam Railroads. 
CATTLE—See Cows. 


HOUTA sor uri Vins Larouen SEFGGL ess vies sce4.<-clv Sees we cle 
decisions on right of city to regulate, see note to sec. 
Perulacione. concerning sdcriving Of eyo ia s: cane ee. 
police 10 -assist=marenal tG impounds.. . <...J.esn0 
exceptions to cattle driving ordinance............... 
NGtecosre at laree, taken by marshal. 22s Sue. 


provisions as to impounding, estrays, selling, etc...... 


loose, prohibited within certain distances of parks... 
live-stock not to be sold at auction on street......... 


oe eee ee we eee 


eee eee eevee 


cee eer ee ee eee 


eee ee © oe wo © 


coor eo ese ee ee 


horse and cattle dealers—See Horse and Cattle Dealers. 


CEILINGS— 
See Buildings. 


CELLAR— 


Sennitre Ure ie Ulli COGG. econ ec 2 las «ec etal 
DennILIOMeOLarline 1Uisance VarliCle iota. © ke oe aes 
doors, in sidewalks, to be closed and secure........ 
decision on accident falling in, note to sec. 1214..... 


CEMETERIES— 
burials in—See Burials. 
sextons in, requirements of—See Burials. 


sextons of to make what reports, etc................ 


oe ee eee eevee 


eee ee ee es ee 


oe ee eee eee e 


note of decisions and references on, see note to sec. 847......... 


MeN IC AEC TAILLE FI COU AsO of. eae aa oe iat netae, ponte 
BILAL, BTLOU. LO) DENERUCTICGUL 7h as an oes pee a ees ea 
private, must be authorized by ordinance........... 


PVEIA LS MA LOW OC OTL yu ITO U TOL Leet ey rate ae ae ce © ela vale eS Says oe 
disinterments from, when required................. 


disinterment, etc.—See Dead Body. 


eeetiarre Of; BOXLOM Sas Us sae ek) bk ht eh Resets wie se 


burial of body, regulations—See Burial. 


injury to property of, or to gravestones, tombs, etc.. 
general penalty clause for violations of article...... 
Breccia Oly NOW CON SIrneds crete start Pedtary Sie «PS. a ak 


CEREBRO-SPINAL FEVER— 
See Contagious or Infectious Diseases. 


CERTIFICATE— 


from Building Commissioner—See Commissioner of Public Build- 


ings. 


Seerleetr ait ee COTOLIEI occ ka ie cn ok koe es ae 


oe ee ee ee ww 


oer ee ee eee ee 


eee eee eevee 


ore eee eee ee 


TSB Ole io 6.0 6 OCR, 


eeeee eevee ee 


PAGE. 


614 


SEC. 
556 


61 
629 
1214 


830 
to 
835 


847 
848 
849 
850 
851 
852 


853 
856 


859 
860 


240 


1188 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


t 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| index to State Laws for St. Louis, pp. 225-256. 


CERTIFICATE—Continued. PAGE. SEC. 
for; inspections Of TactOryincs «ck ele ee win Bier ele eee Cee pene 623 280 
( 633 323 
633 324 
for ‘measurement of Trewood..22. 6... +6 a ee ee ee ee ( 633 325 
| 63 328 
| 638 330 
for: milk ‘vendors resistration fie... casos sete ee ee eee 674 494 
stint, a Fa aa 720 698 
to. practice: Medicine “or (sureerya 8 oh oe Ce eee { 720) 699 
fe ( 720 701 
; . j 720 702 
for SDurialss esas wees ars th ois ca hed eo te eae Care oi ee \ 744 836 
YTaT 858 
to. insanity. Of <DeTSONS. 22: 5%i.uiscare ees tue es te che oe ee eee ee eee 1 i ye 
death, by) physician © .4 26 vats ve aa eee cae eet ee ee oe 742 827 
death, where no physician attended....... PA n oa RW ALS a op sere bg 8s 742 828 
burial 2without,. penalty osc ee ee ee ee ee ee ee 743 831 
bringing...in= body. @ without... nc. ent ee eee er ae Cee 745 841 
865 
fOr <CIOMATIONS: eis So sess esas h cs) os even rae orn aa ee ee cee 749 | £ 
867 
for house-numbers from street commissioner.................-. 776 1086— 
790 1134 
of persons authorized to work on electric contrivances, etc...... 790 1136 
| 790 NSW 
for Ssmoke-inspectors) \ sows 4h soya ey tee iets aie esi ae syenske. © curtain manent 894 1624 
for’ doe-tax,swhen !pDAldis ares Pete eM tarera eV ulin Hota ot auslicae a) aeeeeme 898 1640 
for plumbers; see: appendix, ord 25007 cer 2.2. ais lc cls septa a ete eee 1150-1153 
for drainlayers 12. he eee ee ee Ete ston 3. 8c Rua, ie ee 926 1788-1789 
for journeymen plumbers, drainlayers or sewer builders........ ee ae 
rome Mayorstor Publi. Porters mas CENSOi neice kr lova ves o) oke Coren eee ee 932 1805 
1874 
from Bi. P..d) as to, StreetCarslGnaderben ci coe sles ss se heen teen 958 {18% 
1876 
f 1877 
rom’ B. (Pi 1.2as.to, Street-Cargpra keg ii gar sic:c. 56 «c's os a oeteteeenr nee eee 959 1878 
of election of Recorder of Deeds from Register................ 1003 2048 
blank) issnedi by) Rerister fice: aia elon ciale + ae eel eeRtome ss 1006 2063 
of ‘election from. Register’ To; Coleeconrrsc. . 2 sav. i. ae owes etentes 1055 2288 
[ 1072 2351 
Oreanspection (of. boilers fy sce eles, eae cate ee sik os ee 4 reg 4 sete 
[ 1074 2363 
: Speer ; 1068 2332 
of license to engineers from Board of Engineers............... 1068 9334 
; : 1073 2307 
of *inspection vol elevators Jac! Vawarce rest ese eS ou. ee 1074 2363 
operating elevator without, penalty.............ccccccccvcccecs 1074 2360 
1114 2533 
from Inspector of Weights and Measures...............ceeceee ns 25387 
1116 2541 
blank for Inspector W. and M. from Comptroller............... 1116 2541 
for weighing articles on private scales, coal, etc............... 1120 2558 
bringing and selling without proper, misdemeanor.............. 1122 2564 
of: “weight sof wagons, ‘etc. see. yeas oe re tice cee tere wie ee 1123 2566 
towpersons having weighing “done we ale er eeo ieee eens see ee 1124 2570 
dealing. without “weighing prohibitedi40....cc4 v ace kes erase ee 1125 2572 
persons, issuing “unauthorized certificates. ..c. 2.0 icscs we ree 1126 2577 


of; meastirement: Tor /2UM bers ay yo nemcleae art sige aetna an cles fsa Sener ey a) 2596 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1189 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


CESSPOOLS— PAGE. SEC. 


aWORT YMC UD CUCLCLOSTA 1 | ete cela CMR LOD a Ty cating er Pana fo oh Ok mecite al tin eg fd 1062 2313 
PONVITOU- WOGTS SOWOEL JIDRCCORSIDIO’ jh: suteraes ont 's ade alos 'da e's € 1063 2314 


See Sewers; Vaults, Privies and Water-Closets. 


CHANGE OF VENUE— 
in police courts—See Police Courts. 


CHARCOAL— 
how measured me a 
See Gs © © 2 OC 8.8 B48 6k VS ‘ee € 6s 4 668) 6 OOo FF Oe €:e 6 B19, 8 8 10's B'U C'@ as 9549 
PUB UCRUOT MrOEM GAG IIT CON: Ol cay vheca tires dic a isteve 320 Win pee a sce aie wi os5 MoS os fe 634 332 
WIGIA Loi eOie A DEOT: Ol, VITISCOMECATOR. Wh a6 dacuelmerd steve pike 3/6. 4 ieee 634 333 
agent Oreo feel 8 ET what 2 Ce Ge age SE Boe pa a ree i Ne en ea 1115 2538 
CHARITABLE INSTITUTIONS— 
See Foundlings; Commissioners of Charitable and Penal Institu- 
tions; and see under the respective institutions, such as City 
Hospital, Female Hospital, Dispensaries, Jail, Workhouse, In- 
sane Asylum, Poorhouse, St. Louis Industrial School, etc. 
CHASES—See Buildings. 
CHEMIST— 
See City Chemist. 
CHICKEN-POX— 
See Contagious or Infectious Diseases. 
CHIEF— . 
of fire department—See Fire Department. 
of police—See Police. 
CHILDREN— 
See Minors; Foundlings. 
CHIMNEYS—See Buildings. 
PREG COTICOLTT TIE’. ve cedebeps cichalt Le ender a ee siwlare le ctocy eee Aiea ake) st etare 585-586 146-148 
Cupola furnaces. in foundries toi have what... i. 2.0052. .58 es 589 157 
PRG ONS ASLO TOUCLSLLOd eS hela atcke a yest a atcietir sd oe cous se oe eee ternal tea as 589 158 
itso COMM issioner, MAVNTAISE isin nmik desis en cls G43 be ee oes 589 159 
imal ee alii DU re Ie ON PusOn dike Gacteie ate cps ciate Git iat eaadaee Ta Ee he pare 612 231 
not to be used as sewer or waste-pipe ventilator................ 1064 2314 
CHURCHES—See Buildings; Religious Worship. 
CHOLERA— 
See Contagious or Infectious Diseases. 
CIRCUS— 

MMLC AIL Wie Lhe (LILI te Misano hetero eats. nradsah ate hvala oN seek ect ce 1051 2271 
MCN AS eT IOS ONC is nite a Mee atte ere oaks es ee, ee. Ce ae | O 1051 2201 
license, amount of, for circus, sideshows, menagerie, etc........ 1052 2274 

1052 2275 
DLUGr an COL SOU DE OV ISO Str ire i tise Gate cee aloe tantra de yrs Behan ece pvnr'n ce to to 
1054 2285 
CISTERNS— 
See Wells and Cisterns. 
CITY ATTORNEY— 
LOS DET OSSISLON DV GLOL eae CLICE COUELE pec ie.. sl on ole aid sees os ocked boils ee he $21 1273 
all notices and process against city in Police Court cases to be to 827 13802 
Ty eC UCOFOL LCOUT LAAT DOLNERS DOLBOl hints lute a2: divtace’e Soka e lela + a ste cace 827 1303 
OemeeIobant. CO pTimme a Ue When SO CLE V ea lek ie otaelahnece bre do 828 1304 
iawn oneal’ LOL C1Ly eG l FOMImRONCE: COUTT. 25.0.5. gels fue was o's we 828 1306 
Tov corre SOUTH, Of CATSONALABAIATY pOUG snc tierce cs. hice Pye eic velo ee dies 831 1320 


qualifications of ....... Se Ne ea eg a Oe ee oe Oe eles ae eee ea 835 1336 


1190 INDEX TO REVISED CODE OR CRN Ene ORDINANCES. 


mene, = i "ie cine Rs 
Index to Charter and Notes, pp. is st ee ae 
| Index to Scheme, pp. 279-286. 

Index to State Laws for St. Louis, pp. 225-256. 


CITY ATTORNEY—Continued. PAGE. 
assistant City- Attorney, appointment; duties... ...7...y.5 eee { ae 
duties of City Attorney and assistant, in general............... 836 
where:"to keep offices). cunsie ct tee ee oe a eee 836 
to*maké reports to.Comptrollers.. sous e ee ee eee 836 
salary. of, andsof -Assistant.City “Attorney... 427. foe eee eee 836 
bonds of, and of Assistant City At vormey co ate. eee 836 
cannot act or be appointed except as provided by law or charge 

city; see notes Tossets 21 Sc9etio tia ee ak, a ieee eye 836 
Associate’ City Attorney,’ duties controlled by... -..00- 4 eee 836 
Associate City Attorney, appointment, term.................... 837 
salary. of Associates City. Attorney... a0 6 st ee ccm aici va eee 837 
pond ofr Associate: City eA TEOTN Gy oc hae ore nts ses tens eee eee ee 837 
or assistant,..may ‘appoint sibstitute, whe... ....c25e nee ae ee 837 
or assistant not 10,appears, avainstrCily. i, eet eee eee 837 
appointed’? DY) Mayors oc. as by cai cote ie Rie eo kee an eee 868 
assistant South of Arsenal appointed by Mayor................ 868 
to represent prosecution when elective officer is tried on charges 

Dy. Councl ly oe rc led Sie ay oie arale sa oge eee eee 910 
may: inspect *(pawnbrokers’. rervistersa....u.6 see eee te eee eee 1040 
may inspect second-hand dealers’ register..............ececeees 1058 

CITY BACTERIOLOGIST— 
office. of, tenure, “salary; removValo o-oo ee ee eee eee 667 
location» of office; duties; ,qualinc¢at! ons sent ete eee 668 
location of laboratory under recent ordinance (see appendix, ord. 

BeOGL) <1. Mee es. fie boner Sas otis ea ae elena a ea ee eRe rena Rte ec Se cee 1141 
assistants: ‘to, how. appointed, duties ais oes ee ee ie ee nee eee 668 
qualifications Of assistants “Ol fea cre aire eter oie ote eee ee eee 668 
salary and .removaloryvassistants Ole erver Wetec coe wie ere 668 
terms: of ‘assistants: when (expire eee co oeic eects eee cee 668 

i ime—duties—what rules govern......... 668 
clerk’ and janitor-10Tr; sappoipumen ee Gate. ee tees pee ee eee 668 
compensation of clerk and janitor—duty of janitor............ 668 
suspension, of clerk. or Janitor-see we eee cea kk. ee ah ees 669 
salary, of clerk and Ganitor, now.paideewe.. «)-1c)-0e oe en oe 669 


two laboratory assistants to, compensation, duty, etc. (ord. 22810, 
see appendix) 
-Snogdrass Laboratory of Pathology and Bacteriology, equipment, 
etc. (See appendix, ord A225 G0 ieee eee oe a ak eee ete 1141 
duties of as to inspection and analyses of milk—See Milk. 


CITY CHEMIST— 


office #created; appointment Lertacc cenie eb anete so each ecto ae 
Salary*and  bondtole 4: A cay oe oe lee aS ee ices Caceres eee 670 
Gualifications | onc ks sal bie a eee ee I es ee ee teeter 670 
analyses and tests by, duties of, rules of office................. 670 
sundry assistants and employes, their salaries, appointments, du- 

CIES TeENULreT GtGas wi oe soe es ee eer ee on ee eho 670 
Tiles*OLTornice Ol. Fa-e eo Se ee See ore ee oe Reet eee 670 
and assistant. removal sby “Boardcor eatin seer te ee ace 671 
on. ‘pay “roll of zBoard-of, -“Healtntein war ewane tree cen te os et 671 
requisitions TLOr ,OTNGOs OF ssc cn rete cee ee i ene ata meidecee ate ie ee 671 
duties and powers as to inspection and sale of milk and cream— 

See Milk. 


assistants for milk inspection—See Milk. 
vehicles. allowed—See Milk. 

CITY COLLECTOR— 
See Collector. 

CITY COUNSELOR— 


to: approve form,of bonds, of (o1ncials, e604 ee ee eee eee 906 
to approve form of? contracts? DY. {City Seley. as ae ee eee 988 


SEC. 
1337 
1509 
1339 
1339 
1340 
1341 
1342 


13438 
1344 
1345 
1346 
1347 
1347 
1509 
1509 


1702 
2213 
2300 


465 
466 


467 
468 
469 
470 
471 
472 
473 
474 
475 


476 
1509 
477 
478 
479 


480 
481 
482 
483 
483 


1677 
1990 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1191 


~ Ue By 
Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


CITY COUNSELOR—Continued. PAGE. SEC. 
Bererirare LOLOL DONUT Ors tinnOlre tn. . aistes way go iiss ae wie cca cn 1045 2240 
Drocepuines (bYoSWwhere, WAIL, ODSUIICLED ccc. ace e aise ae be cisisten a's 645 361 
to protect city on sales under execution for benefits assessed in 

street opening or condemnation CaS@S........... cece esceees 1603 880 
acknowledge satisfaction of judgment of benefits assessed...... 754 881 
duties as to removing obstructions in highways, etc............ 769 33 
ti COMER ERIN Date OTE LN LR 1 ete cue siete 4 eis x eke tnreic gus we ates Ti3 1080 
duties respecting locating offices and supplying Justices of sec ges yg 

TCE CCS OM Re WR ane BaF tay id ete ie alc crehe aida, ame ayaa) Sid ne whela we oie eh 933 1327 
WELLS ARIEL E LASERS eat ete titat dict e crake oae eit tue eo aca al Ore braselit ta Widhe ‘avis ailcieis 38 1349 
WCE Cera) aera re co aa ag Pein ies he Bee anata oie a oo ure st Salersie ne aialasee soe 833 1350 
creation of, associate and qualifications of associate. (See append. 

Oltge sna RINenO Ne re CaSO. Looe. Di Sod) cass twee sees ee 1149 
PU PRUE CLL Gc. tate’, ieee ete Cet. ature c a « chs veers Oe Wiel e wie) Sirsece ocd 839 1353 
MOCO ASSOUCIOLe WOLUCE RM ADDOINLMOENLS GICs fc decrees ele claw als Bit eng 
qualifications of Second Associate, see append., ord. 23038, amend- 

hee g VERE eee SU BR Oe een og ahah Aan ar ei ES eRe eee ere 1149 
aad ; 5: ' 839 1356 

ssistant City Counselor, office, appointment, etc............... 888 1509 
qualifications of Assistant City Counselor, see append., ord. 23038, 

POVCUNTisem CA SOCSE LOO Ge cine ae ho he date OaFeree atic Mee Pas hak 1149 
bonds of Second Associate and Assistant................00000. 83 1358 
Lerins ole Associatevand «second Associate... v.3...60..5 essa cows os 840 1359 
Chief Clerk, Clerks, Stenographers, tenure of office, duties, ete.— 

See appendix, ord. 23038, amending R. C., sec. 1360........ 1149 
qualifications of Clerks, Stenographers, etc. See appendix, ord. 

Dar irae LLILE TICLE Pete Cree POUL Win ote ert o tadrawl te etarais tee ele Pa e's woh 1149 
SACRE MM Mea vee 21, arn cetera teed ale cont eatin ag hc: Satade tae abe uke Sel aie ale 840 1362 
Bala OU A BSOCIALO] Jes elie «bo Sucit ls Cire vietiie atprw nce. ts, ack ale enti a ertedi-e 840 1363 
Slat eRODSOCONUASSOCIALCO Ay facie cataie is tive cake rcenve ata el a iNe petWe x ccte Wiss eels 840 1364 


salary of Assistant—See ord. 23038, amending R. C., sec. 1365... 1149 
salary of Chief Clerk, Clerks, Stenographers, and expense money, 


BEGROTIT cago AIDGL Css roe, Oca GUase Lou (ot a spel cicludw orabe-a'e cere 1149 
CULE MEAL ed PUM OLIOP AL Dy tyra eat een eat e tase veces wu wrersie au deals Gove sebe) © 841 1368 
duty to pass on bills pending in Municipal Assembly, when..... { 7 ate 
duties and control of Associate, Second Associate and Assistant. 842 1370 
duties of Chief Clerk, Clerks and Assistants, see appendix, ord. 

Rea eet ONT e BOCA he tea 2 tat, bi ches chad at ke barks 1149 
duties of stenographers, see appendix, ord. 23038, amending R. C., 

OU Mati deten stele eda iera tie eed tanare Sides eters tewereha wc, stone eiee sce. Kd’ canine, Grete s 1149 
commissioners in street openings to meet in office of............ 842 1373 
special counsel, when and how employed, to assist, or represent 

CLE Wan Mee sites ere ete teen SCL oe Leta tate a fo atte. lis ie yeahh rca 842 1374 
when may employ additional stenographers, compensation...... 843 1875 
ADDOLNICO AU VieRLAVOE wheat As dwelt oes onie Nae reat: telat aie hs ts 868 1509 
CULES Ee OTIS ee eT LILA TIES DOSER toate < Mecaaee, edhe wrateie crstace she woo aie sae oa eS 907 1682 
LOG DIeDares late eLOlW.CLUY, GOULLACLS ts hol ficcitact sin fecal uta aee 1082 2395 


CITY DISPENSARIES— 
See Dispensaries. 


CITY FORESTER— 
CCE OPC EO LEU ere ah trie eas stag anh ent ee oh oe Sigs ob glo aid ave, aPereiu owe 812 1247 


ANLGINTIMEN ts eT CPCDULE Alaa ee ee eae bet lee lie wale £0 Pele he Sd 812 1248 
THRSM BENE: Ea Cara ts Goes Oe EGTA ee EY Suge ee ee ee ee ee ene 813 1249 
DaLEIOet OL iW Perera beet meena te elated alstnhcis. dial ds octet «ch hie aha ote 813 1250 
MRUETICONLTOL LOLs Uroeu COMUIISHLONGI 96 cin. oe hae sea oan heise os 813 1250 


duties concerning trees, etc.—See Trees. 
CME P TE LGc EO TOCUILL foe baad Ociarate See Peele ssc eta + he's Signe we 813 1251 


1192 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


— 


CITY FORESTER—Continued. 


salary and: DONG: OLs Soka we Cele owed whe taean tee cle SRE ees ee ee 
employes in office of, appointment, tenure, bonds, salaries 
provisions respecting trees—See Trees. 
permit from, for doing anything connected with trees—See Trees. 
interference with department of, misdemeanor 
violation ;Of article on. duty s Ol, DONGet ss ed ee ee a ee 
article on, not applicable to trees or shrubbery on private prop- 
OTLY © 5 ev ee rnc 2 Wve ie Tea aie eee at Pek eae ae ec er eee Rahat sce Bn Rein She 


oeeeeve 


CITY HALL— 


established): what-officeslocatedsiitt ss... enhess kc eee 
coroner’s"OLN Ce Van ie. cst. si ktoe Pace eee) Stal areca nee eee 
factory: inspectors “Ofhce vin i weve tecere ok cena eee eee 
fire’ chiefs office -iNe 2). ~ s.l0s Gael S ate Re aaa er ane are 
office: of fireand: police: teleseranptjing.).). os eke a ee ee ee 
old; :to.eontain Wirst«Diste Police Wourtie 2c ee eee eens 
office in, of Commissioners on Charitable Institutions.......... 
office ‘in, of: Boiler sands Hlevator/ Inspectors v2 aa. se tes eee 


CITY HOSPITAL— 


two city, fire-cdepartMment, -Mencaus crested ahs eect ae 


under (charge of -Heaith: Commissionern.n. cee eee res oe ete 


requisitions and accounts—See Health Commissioner. 
whens medical: students smay svisiten ey oe at ae ees eee 
surgical“ operations vill city~DOsSDitalsie sce ek. seit artiee aleve seaeeeeee 
clinicaly lectures, (when erlorpigien.Sy acc canter eee ids tiene cee cee 
pupils of St. Louis Training School for Nurses, when admitted 
Lo NOspl te. aot, eae + ele agai er eeee Ei kcwce ky acta” et oMbre eRUIRyR Ik anette mera ge 
when’ parentS may Nurse childrencats. | se. cae a ee eee oe ee 
rules for selection of nurses, superintendent, salary............ 
nurses from St. L. Training School—See St. Louis Training 
School for Nurses. 
additional nurses, duties, salaries, ord. 22935 in appendix...... 
convalescent patients may be required to labor................. 
Superintendents Of 4. 2s ichoetecis ees she cretele ere hie rere. ae tele toate sae mn ate eee 
bond» of “superintendent: OF aes Feo e aie ta eee see ee ee 
salary. of: superintendent’) OD Ge ne eee ict inte te en na te ee 
duties of: superintendent, Of. c.g atest tee estes ieee Punts 
first assistant, qualificationy salary, tenures cn oe cides le eee seas 
control ‘over; patients Dy Super Ntendent. ge. sce ce en ls are eas 
control over employes by superintendent..................+-00- 
superintendent’s time for; family board permitted.............. 
assistants to superintendent, qualification, duties............... 
insane persons at, see Insane Persons. 
salaries of other. officers and employeswins. a: 25.14. snes aces so riels 


temporary .help-and salaries. 03 cleus eee eae eee ute 


Superintendent: appointed by: Mayor.t 2c. seatcne Beene ee een 


superintendent to attend to treatment of sick prisoners at Work- 
HOUSO eee 5 ve iar e bale aeg Sie eh iene! aioe ay Ban oireiee un a letie aah a eae ee 


CITY SURVEYORS— 


AppOINtMeNt, “pOWEeTrs, OUTICS. 5. SNe. Uk cee wes cee Gaeetoeenemee ere 
MaEyOr “ADDOINtS? oi SPs Sc. cksthcals wh ore ed ae hate ceate ae eta ee 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


11938 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


CITY TREASURER— 
See Treasurer. 


CITY WEIGHERS—See Weighers; Scales; ete. 


CIVIL ENGINEERS— 
See Engineers. 


CLAIM OR ACCOUNT AGAINST CITY— 
See Auditor; Bills. 


CLAIM FOR DAMAGES— 
See Damages. 


CLERK— 

See names of respective chiefs. 

COAL— PAGE 
DUO s Ee wo ee hee HO WSCA ITIOC(. (a tN UAG tine else a cee Wire eees 612 
landing places-ay woart may bevlet for: 02 stake Piero 650 
measuring by deputy Harbor and Wharf Com’r................. 656 
not to be thrown on sidewalk or street............... Wig BY Eg 808 
BERL Pane Tene LOT eet ge de, ony east ape hab caper ae, ails) ese sou 853 
Blotter lols Hale pie tron wac0ns.) WOETCY 6 Co cea ie phelt k's See 945 
COUtraGtenior supplying City institutions with 7 eos. elec. 2. 1077 
POON et iplecl tOrmmOore SCaleaem Cree & iapale shad nied hia oOo Mee eee 1116 
Chun se Come WW GEERT ET Se les ne eee ee te ee e.g 1124 
tickets for, when measured by weighers on private scales....... 1120 

1121 
regulations weighing, failure misdemeanor or breach of bond.. Bee 
1123 
decision as to city’s right to regulate weighing of, see note to 
Sey, aoe ra re ee tke RSI tal, CEE SW) “aw uct Lise 
driver required to go to nearest scales on demand, penalty for 
false certificate, sale of wagon and contents, fine, etc....... 1123 
weight standard for measuring stone-coal.................000e. 1125 
dealing in unweighed, prohibited................ : Bee IE ph a pe ee 
frauds, short-weight, altering certificate, penalties............. ane 
COAL OIL— 
See Petroleum. 
COLLECTOR (REVENUE)— 
TORCOMECU Witte a WHETiaPODTeCOks = OUC ier eid. s dip ini cardicld gee the eB cca 656 
ROME OtreMe LOTT VAM LLC OTISG. ret, aioh ciate pteela Wy wists bo. ale ac oe a a cies 661 
tO Me vessieciabatax-Dilin LOOP SDLLU KN Me cite wh Usle cso als deo wes wee hie & 772 
bills for work done by work-house prisoners...............22% 920 
to receive certificate of election from Register.................. 1055 
official bond, requisites, failure to renew creates vacancy, etc.. 1055 
COMECTS sally Treventic,  ExCeDt:- WATCIKIALCS 0 oie oh se dispe ale as eens Beeps coe 1055 
dram-shop receipts excepted—see note to sec. 2290............. 1055 
COMUCCHIONS elu WsDalG LOUCILY treasury: CELL. crc ei dike nie > ace chars 6 1055 
WL Ler OCes Sat OTE COLCCLIOUNS NLONSILOW cist ciuvts bess se se Rly i lee ee es es 1055 
TUNDRA COD CALeR OUR ont) Ls eg ea ire let in W El Carts is based ceed a ee 1056 
deputies of, appointment, discharge, number, authority......... 1056 
deputies of, collector responsible for, may take bond............ 1056 
Poke ta: SHOW dally. PeCel pis FANG) SOUTCES ok cs cee c olan eo sYewin as 1056 
duties of Register as to taxes on merchandise and merchants’ 
LiGETIBER Ts LEMIIM COL Tet t: Clr. cher eaten, Ree fans ee a a cose ie Os neha ie one: 5 1056 
Bala tiee OL Ue DutiOes OlLataurii ice Warr eta loa sts whieh ew Bales eo ceo 1056 
costs of office and salaries paid by, as provided by statute...... 1057 
one deputy to be notary public, no compensation............... 1057 
Certificates and duties as: to weighing, etC.. 22... cise ys dees pipe 1120 
TOL SNTOTCE AITICIG-ON Wel DINE SCAION oo 5 tix bk oe ie eles’ oie: nce yin tee tee 1127 


ao 


SEC. 
227 
378 
402 

1222 
1423 
1848 
1849 
2374 
2540 
2568 
2558 
2562 
2564 
2565 
2566 


2567 
2571 
2572 
2576 
2573 
2574 


403 

435 
1080 
1754 
2288 
2289 
2290 


2290 
2290 
2291 
2292 
2292 
2293 


2294 
2295 
2296 
2297 
2558 
2582 


1194 INDEX TO REVISED CODE OR GENERAL ORDINANCBS. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
i Index to State Laws for St. Louis, pp. 225-256. 


COLLECTOR, (LICENSE)— 
See License Collector. 

COLLECTOR (WATER RATES)— 
See Assessor and Collector of Water Rates. 

COLUMNS—See Buildings. 
in buildings, regulations ‘concerning e: 2. ee eee 

COMMISSION MERCHANT— 
defined os. SV Sa YBa ee aa 2 eae Sito ates a tee eee Oe ate oP oe eee 
license, amount, (Oath vind soks es earns ie sce case eae ee 
penalty, doing business without license@us- 2. es oe oes. re 

COMMISSIONER OF POLICHE— 
See Police Commissioners. 

COMMISSIONER OF PUBLIC BUILDINGS— 
O1NCe BOL RA ats “alee la daw wins canteba le eG a ote ie RRR te ie nace an ae 
appointments and Term. Fick. Settee ale cee nee ee eee 
qualifications SOD 43s. etc el reenter es ONY | amet < Hihd e- 
DONG: OD oe aie tacos tance tals eee Ck Gees eee ake Oe ac a ee ete 
SAlALry LOL aw Maw o's we ntelats Cable Rate Gi Ole ee ee ented ee Ree, eee a enre eres 
Peneral duties (Of. es ents cco cieieees orotate veo heke nen cnet eee beer neletaae { 
care, of buildings under “his, charge... sacri ee ee ee 
may appoint certain janitors and assistants.................... HT 
neatineMapparatus—-enzineers: yt weet lee eae ee tees 
approval ofcappointecs; thelr Tremovalen’ .winras cece ree ee 
janitors and night watchmen; salary and bond................ 
en Zineerssand  Nremeny reg 20. weet te Sie cee ee ee ee 
other:'employes tappointed “Dy. 22%. Sec ntemi, ee eee 
power of removal of employes by (note to Sec. 15)............ 
duties-of ; Fires Chief transferred’ to. S20. a. cc eetale ete eee 
deputy, appointment and qualifications..........0......5....... 
deputy, when >to) act: for (\Commissionervs.:....8- ee ee eee 
deputy, esalary and DONG... iis cnvets sree alee oad eer 
Chief Clerk, Assistant Clerk and Permit Clerk, salaries and 

LnT9) 0X0 bb Pa aAaee a CMEC MUON Sn EPL UNI, i A TBE AS ek tO 
same; amendment thereto—See Ord. 22778, Appendix.......... 
Chief Inspector of, appointment, salary and bond............. 
other inspectors in office of, salaries and bonds................ 
examiner of plans, record clerk, stenographer, etc., of.......... 
same; removal, qualifications, salary, bond. .2...:.0..-s...se.5.. 
amendment to Sec. 84, Inspector of Plastering—See Ord. 22749, 
ADDO Xe Sicla eo al o's bel Suan Catcie iatete G oicceha tetra ao meee aoe 

ATCHItECLUTal draughtsman, ) Salary “ie eer eee 
additions) Shelnp;* salaries -)...G cee eee rete sien eee ees 


inspector requested by Fire Prevention Bureau............... 
to inspect buildings being erected, etc., furnish certificate...... 
duties respecting department, enter buildings burned to ascer- 

taineoit . daneerous,( Ot. c st eetee cee Cale ee ee ee 
powers of, respecting construction or repairs, and approval of 

DIAS HB aa ahah aly he er nis is Saree pee en olen ees ee eee ae er 
permit asked shall be acted on in three days................. 


PMETMLG TPO MI Bias ane hh Mateo eo aale hace ta ie Weta Cie ree a onto tee ets ee 


to inspect all buildings before alteration or enlargement........ 
may require fling of;plans and specifications. / wae... ee 


powers jsrespecting plans and (specifications... 2... dats seas { 


revocation of permits by, extension of permits by, cost of per- 
mits, ete.—See Permit. 
to be notified when building ready for inspection.............. 


PAGE. 


SEC. 


33-34 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1195 


Index to Charter and Notes, pp. 463-542. 


| inex to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


COMMISSIONER OF PUBLIC BUILDINGS—Continued. PAGE. 
to furnish certificate that work on building complies with 
RATER INUR TIS SURMISED TEP Dor Chere a eis alte, oa Ga tik a Gaede es A eee ols ok 560 
application to, before tearing down or altering building....... 561 
PIPER URE INLILEIP POL chai giacy' si Ae ole sinia'e te'd.s. biole da eke estes ake 561 
Board of Appeals—See Board of Appeals. 
SPOTL PER TERME RI SMP ESC AYI CONE Stage OC oI es, aoe 5 Sas hg eZ Oe ceed Le Seto 562 
POPUP Larincerian used: 10 DULIGINES 204. cic ach eae cece eat 567 
STI ae te CRTC LOM GH anon ales. 5 cle lvevtiomiel d Rik he ae oth re oe 568 
Tin veerentiires pealtiatO. Ue SHACEC,. DOW 2. ss» «seats sels ase clethe olunta clers 580 
TOMRMIO CI me mIOCALIOl TOL U1G-CSCHDCE. «....5 solace cane pe coun cuits 583 
to determine mechanism of fire-doors and shutters............. 584 
Meriicerrorne or povers,. furnaces and OVD). i) .).. ccc. con cee 586 
Terie COL ee OMe ECO VOR TaN OS, OL sa cea okie Shih poeta allgle con tee eae ha { oral 
to approve exits in boiler rooms or fuel rooms................. 588 
may enter premises to raise chimneys and smokestacks......... 589 
Pisa Pee DeCliN eee as USTUTES: OUG. clas bese ne haere te. 590 
to approve guards of hatchways, well-holes, etc................ 590 
duty respecting hatchways, well-holes, etc..................... 591 
may revise computation of strength of floors................. 592 
PIBCLOLION LOM PeChiNG eUre-OSCADGS.: . 2 «sce Leek a oe Cahn bc ean ante 596 
duty of, to inspect and enter buildings used for theatres or operas 598 
duty of inspecting theatres....... eta Ade rete ede Dated sha Sots eid eh fe Oe 598 
uve ee LO MALE PECs LUCALTCS, FOUC sc .6 sas <i tete e oie oe ere cid co wat oe 606 
to furnish certificate to theatre of compliance with ordinances 606 
must first approve new theatre before licensed, procedure, etc.. 607 
SM PEINCALCE ORATICWRELCALL Gierit Maes t suel eine aa ehere acelin eites cists ole 607 
duties and powers concerning bill-boards............. sae 608 
duties and powers respecting dangerous or unsafe buildings... 609 
may require persons to enforce all provisions of Building Code,. 611 
duty of, to enforce building ordinances or code................ 611 
failure to enforce by, cause for removal of Commissioner or 
ETO BI CERES) a es ee Pe tis Bip teal en er trier ores. EAER REA RPA ape hu 611 
to designate buildings where high combustibles are kept....... 613 
BUMMCOLLONELO, BLOLECOW-BtLADLG! OLN GAILy vr. seen ram ce awa Dolan saeawe 681 
COMMISSIONER OF SUPPLIES— 
730 
to purchase supplies for insane persons at jail................. j077 
1077 
916 
LURES DL Ve ahd Lest a tre Ge tele ee cater sie oA NGG. dicktin leis > ce Nie Sara, 01 ok, 8 OO |s077 
1077 
919 
to supply workhouse and keep separate account, when......... {307 
1077 
OLR er Oteenl O Wirt DORSLEC ee au y as a elors e cic. wioue hale tu eae weesie ee ete 1075 
CET eae Ces eT een oe one a hea ete Oe Lae dre oa ea koel ain tel Cee, ntels. 1075 
BLE Feet a er a en ie ea ates eee eee ete eo Wits oe ee civic ae ea ae % one 1075 
bonds ofak ses oe he oe Oe SIs Le Airco Le ie a ae Oe Py a 1075 
CERUILY eA MUO UIST bet OTLLIGe a WEALALY fide cal ys obs wee sce i elec ecw he’s 1075 
SLONDS TAD NOIIOL MAO DOLIGINENL Bea laly.; ch-<c cen alae ay sean ws 1075 
clerks, bookkeepers, etc., of, appointment, salary................ 1076 
DULCUABITI ETO COU LTAGEIN EG) LOrUSTIDDHES BOY ace ba eis ess s selene wiele aie 1076 
advertisement of letting, bids, bidders, deposits, rejection, return 
CHE LTC AL rece Sheree mers cet cere cate’ aNy ota ais a) oleferk’s svete a's #8 1076 
TOrmMal COMUACLS, appLOVal, OL MaAVOT: NeCGSSary ic oc. cas ced eee s 1076 
unadvertised contracts, approval of Comptroller necessary...... 1076 
when and how to contract for supplying fuel, milk and ice to 
GEUY ate TLGULELEC LOUISE ten rere ane ota ad) ak hate Won Wie, ook 6 ele cakes 1077 
same, for other specified food and products for city institutions 1077 
purchase of perishable articles, how, approval Comptroller.... 1078 
advertising for bids for articles in general, contract for........ 1078 
groceries and drugs, proposals, etc., publication............... 1078 


MUTenAse. Ole ures CNeines ANd ADPALaALUs, « . vin eu rales pes Sones ere 1078 


SEC. 


1196 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 4638-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


COMMISSIONER OF SUPPLIES—Continued. PAGE. 


purchase of horses, mules, wagons, carts, ambulances and buggies 1078 
duty of, to examine articles bought, rejection of insufficient, 


FOPOLE tO) MAY OF 5x seaccen ote none Rec Nee TRIE. Or cile iat phan ener eas pene 1079 
memorandum to be sent with supplies to institutions........... 1079 
approval) of, all, contractsvifors SUuppIles. DY snetCes. vice omer 1079 
bonds required for performance of contracts by................ 1079 
may -décline’ to *recéive ‘bids; * wien. 442s ceciee oes et) aie esis 1079 
surplus, or refuse property, when sold by, regulations, etc....... L079 
disposition “of: money Trom “sucht sales a. etc mari ae as cee eee 1080 
to provide weighing, measuring articles, scales, etc........... 1114 


COMMISSIONERS OF CHARITABLE AND PENAL 


INSTITUTIONS— 
references to charter provisions—See note to heading, Chap. 21 913 
appointed «Dy i May Or sy a caatee hale is vitualals ayaeet cence eee eerie Cee eee 868 
not to: bea majority. of “any, one, sect: Or Partyecse ee ee eee 913 
rooms for, use. of, now. often. to meet. yee. eee eee 913 
President, of,, rules, “regulacions.%) 2. cuue seceee aN bese Cae mee. 918. 
who; to be: Secretary, Cubies vues Ala etree acs See ee ee 913 
general powers and: Gubies 408 « 2. os catalase ee rt ree 913 
failure to furnish information to, misdemeanor................ 914 
removal of :officers( by, inlipbearing first; oo¥ sce ee ee 914 
decision on removal of officer—See note to Sec. 1720.......... 914 
duties of, to visit and investigate conditions of all penal and 
charitable:cinstitutions. GtGas /oe wee ee rea ee ie ee eee 914 
reports by, to Municipal Assembly, recommendations of ordi- 
RANGES, - CU so 4a o55 ota ks eee heen Ee aan a ee eee, 18 Capes 914 
books and! blanksfor i704 2, are ar ie ee a el ees eee 914 
to appear before committee of Municipal Assembly, when...... 914 
to make inquiries and report, when appropriations are asked.... 914 
officers*of institutions vinehieible af Orie. ac bs calcite a cle vateeiie ae 915 
not- ‘tobe, Interested iin: CONtTrACIS aoe wes e) ws. ee ee eee 915 
effect ‘of failure: by, (to. attend) meetings wc... h.6. ee eae ee. 915 
NO, COMPENSATION, COs sig, oracle elena tek. Soaks Goad a), eee 915 
have supervision over foundlings at certain institutions under 
contract} withicityiscc cca are meta ct cione cores te eae 916 
COMPENSATION— 
See Salaries or Compensation. 
COMPTROLLER— 
member of Board of Fine ATts Museunicy.. . 2c. «die vs sbeper en 549 
réelations#to ‘Fire Departmentuy ey ae cette. s sides «eu caeeeeeeere 626 
when may permit temporary renting of wharf ................ 651 
when may fix amount of bond for wharf boats, landings, etc.... 651 
to. provide for {hospitals fun Gye we ree ti cise oo. + oles ioe Sec reat T21 
to fixe price*of :milk- from dairy abel oor-NOuse wo). ees fees 
to approve extraordinary expenses at dairy at Poor-house...... 734 
vouchers, etc., for damages in street openings, etc.............. 40 
to issue special tax for expense removing obstructions from 
highways aah Soe eee eee ee ee LTS oa Ga cere amen 769 
to: deliver. special ‘tax for-sprinkiing mec... oo .. «+0 oder aeeey ee T712 
may employ temporary help, street sprinkling article.......... 45) 
fund provided for, to run municipal lighting plant............. : 19% 
may examine statements of telephone companies.............. 802 
to consent to appeal by city from Police Courts................ { oa 
832 
duties respecting Justices of the Peace and supplies and offices. | to 
833 
function respecting Jury Commissioner ...ne ura ee es oe ee 834 


rights and duties respecting markets, stalls, etc.—See Markets. 
approves appointees of Market-masters ...................«5: 856 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1197 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


COMPTROLLER—Continued. PAGE. SEC. 
powers and duties as to meat-shop licenses—See Meat Shops. 
and Mayor to consent to bill-boards on city property.......... 887 1591 
one of, and president of, bond examining board.............. 907 1682 
officers to make return lists of property in their charge, to...... 911 1708 
duty of, respecting keeping records of property listed by officers 912 1709 
to receive property ‘unit for further service, «052/09 we.. Yok 912 1710 
to furnish blanks to Commissioners of Penal and Charitable Insti- 

aE a Se Re elec tod g So pies stolyts ke 6 a ie ORAS ON a Us lee 914 1722 
when and how may lease buildings in certain parks.......... 998 2026 
countersigns and delivers all blank licenses, and take receipts.... 1006 2063 
Pr BaMeaCueliLvyn Ore OONU TOL RePIStGI) 2 is oy ahr nitro Lee a Caer ee 1006 2068 
may direct publication of requirements of article on manufac- 

EAPO ME Ss ey aster ictWl ety eB anak sch oles wIauahwas ool edie oP bleh adlese' ahs 1032 2186 
when furnishes blank manufacturers’ license forms.......... 1033 2188 
when to cause suit on manufacturers’ bond, or sale of se-. 

COLI OLN MTA I Ne Ton 2k ole faces i Mees Deve we ne wks 1033 2190 
may inspect returns of manufacturers, for license.......... 1034 2191 
may direct publication of provisions on merchants’ license tax- 

Ae CRM ae nee ae Sree cee adie. 5 ".(, several oly, OBL etetetal eis Ge ates Oc 1035 2197 
when furnishes blank forms merchants licenses .............. 1036 2199 
when to cause suit on merchants’ bond, or sale of securities.... 1036 2201 
may inspect license returns of merchants *% i... ee eee kn 1037 2202 
may investigate reports of street railway companies, how........ 1049 2260 
duties and functions as to boiler inspections, blanks, etc........ 1070 { ee 
audits bills of Inspector of Boilers and Elevators................ 1072 2353 

panes 2373 
7 9 
to approve contracts of Supply Commissioner, when.......... tie Rese 
18 2377 
| 1079 2382 
SIGS WOLONETRCOSUDY re DE rUIelhcs ick ieee) piel anelecs eR tela w ecaie glares « 1080 2387 


duties of Treasury Department—See Treasury Dep't. 
and Ways and Means Committees examine Treasurer’s cancelled 


PIOUS TACO OUT) Comer mimes atten ream tet tate ee toh cea ele ble ed. eee 0 vido 1081 2391 
Mate VOr lh Gass Cla isan yan Gl UV Emirate a. coire oie alavelnic co cheat oobieie 1081 2391 
when directs Supply Commissioner to sell surplus or refuse 

EEE IC LOS EAL oer, et ae ar rare cle alk one! drat chose Sh asse'e aphdve sek 1079 2385 
PCR Ire eaLOr » CLL US Teel Saar ELL TMi foe reetecicg een cobs cage: chin We a's Sow iglacacte 1082 2392 
SistissOr COUMLGTSL SIS MIL Ore MEOOTLLCACUSe malcritc eialeie oshe clclaum: evecele nt oes 1082 2395 
duties and powers as to exchanging, registering, etc., bonds.. 1083 eee 
ITIEA OS ANTM AL ONL OL AGCOUMLS: OF Jnat otqie nM ol S 1d okt Wi epels aired aiete 1084 ie 


and Auditor disagreeing as to claim, Mayor must certify before 


LATELE Ue LMC eee ae eC eet cr aane tan CMS rar aa a Riaieke Bia sini 4 sc 6 1086 2410 
Ti wre DEGGMA UOILOMAe TECOTURE- OLE he stoic cits ole rcie re oie lew lose ave ehe gk, cin dices 1088 2418 
to give Auditor statement of licenses and tax bills, ete.......... 1088 2423 
COT CL re aT CL mre eter Pie aa ta ie putts taiy alana le algae oelave oia¥a- 1089 2425 
DOLL Oe rt ee SP Ie serene anes a ce a eee eae ale « 1089 2426 
POW Che Mae eee ION OV Eis rune tin eh kia cue ee Say ecre eee 1089 2427 


to control, protect, etc., city property, general supervision over 
financial affairs and revenue, see that no approporiations are 


ON COCA mee re ee RRS as SG i ee 6 cg Welles aes Sd eloc ees 1089 2427 
to protect the credit and faith of city as to public debts......... 1089 2427 
make reports on financial requirements, estimate receipts and ex- 

TI GRUERGL ee Rewer ne gee tote GN alah tele ee gue aia sian mew Gow die tue 1089 2427 
WORE PCOr Me aO Litt ep CORBILO WT date dees wicraid oie e 8.0 neletelore'eieless wes 6% 1089 2427 
countersign all warrants, access to all books of any depart- 

TUL apat cere ey Re ret ans fila sive eee es vip eh alahds eee e wee 1089 2427 
right to seat and debate in Assenibly, but not to vote........ 1089 2427 
protect city against judgment, may make temporary loan to pay 

SAMS Tir Fee eat cle ot eh ol She tile ot sides gece dives 1089 2427 
all delinquent or special tax-bills or other lien documents de- 

PLOBL CORY EL Eire ae Nr are Su dic cre wie die elaine dete mean we dea 1089 2427 


may execute what quit-claim deeds with Mayor to property ac f 1089 2427 
TETSU Ore SUOCIR PEER ga cckierd ie cok bond e's lelelare tebe S ofae'e ee we 1091 2432 


1198 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


- Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. . 


COMPTROLLER—Continued. PAGE. 
what costs and expenses paid prior to quit-claim .............. 1091 
first’ and second Assistant Comptroller, appointment, duties, 

POWERS oS vide ene ge os ee ceca Ge eee eed ee 1090 
responsible’ for? ASsistantene cs Uric s seers ce er eee 1090 
supervising, accounting and Statistician, appointment, duties.... 1090 
salaries of Comptroller, Assistants and Supervising Accountant, 

oA reat RN ABs Or Ur Le ITT it ok ies ih UD Tae Pew ARM arte a Cu 1091 
clerks. of;-appointment, esalaries Mee ene wie eee ieee ene 1091 
to examine Treasurer’s books, how often and how.............. 1091 
to examine booksor any. yorlcers ea ee ee, ee ee eae L UOT 
what. forms And solanks? prescribed bia oe ee. ee ee ee 1092 
responsibility for entire fiscal management on................ 1092 
TEPOPTS OD eo wicks ra Rats Giese tls Pee lenny etna et La Se anh 1092 
books of Treasurer open) toningpections ats: sn sa eee 1092 
with Mayor and Treasurer to select bank for depositing city 

TUNAS hs HOW pal ase ears sae wln cee eee ERE ee RoR Ee ee ee bok ee 1092 
countersigns, ,etc.) water-rates) blanks 77.4 002. ieee ee eee 1097 
to verify report of Assessor and Collector Water Rates......... 1097 
blank certificates to Inspector Weights and Measures.......... 1116 
to: furnish: tickets to) Weighers*of Scales2re. 2). sae eee ee 1120 
blank certificates to Collector for weighers of private scales.... 1120 
weighing scales not to be repaired without approval of.......... 1127 


CONCEALED WEAPONS— 


carrying prohibited without permit, misdemeanor ............ ( 879 
EXCODLIONS?T BU a dig ahs tebe tan hate aik Gen Vesey eee ene Aen ene oer aa et 880 
right of city to pass ordinances on subject of—See Note to sec. 

TB 49 eh Boe ee eG ef ee en ae ce te ce cee Ne er ge 880 

CONCRETE— 

See Buildings. 
AN DULLGIN 2S ee aes, hoes es ee ee ene re ee) a 570 
new ordinance concerning—(See sec. 234a, p. 613 and Appendix 

Ord: 23013) ia eicchn - caenein ala ae tale enter Ate Py cs ho eon ee 1134-11388 
excavations. WHETE (CONCTELE 18 Vi Sater e Gute cte sale os erst pe es 764 

CONDEMNATION— 
of unsafe buildings—See Buildings. 
and sale of high explosives, seized when, etc.................. 552 
of property for wharf purposes—See Note to sec. 345............ 636 
by Health, Commissioner of niisancess yh. ss. te cee ee 665. 
686 
of diseased meat, vegetables, fish, fruit, etc.................. 686 
859 

powers of Health Department concerning, not abridged by certain 

SECTIONS GG. eae eee ra el Oe ee Re Se Ooo Ee a 698 
of property destroyed by Health Commissioner, how paid for.... 707 
Of PONEAAS STLUISANICE Le eee ne poe eg eat 2 ee ae 710 


proceedings in opening, establishing, etc,, highways—See Streets 
and Highways 
sale of buildings on property under, for highways............ 768 
of street railway road so as to permit others to run thereon, see 
Street Railways. 


. 1067 
OL DOLMSLS hore sigh Cialis cal hate sta! Mice eR AMRLSE TS ADEE tk Ac 30 kU Same I Ona eee 1069 
of new boilers.or elevators stoeDeapullts. 4 on4 eal. se oe woe eee 1074 
sale of supplies condemned by Supply Commissioner.......... 1079 

CONDUITS— 
for electric apparatus in streets—See Electric Wires, Tubes, Con- 
duits and Cables. 

in streets and highways—See discussion in note to sec. 1093.... 778 
city has right to purchase; method of purchase ................ 783 


reetrictions (Ons Use Old eee ee ee ee ee ee eee z 786. 


SEC. 
2433 


2428 
2428 
2429 


2430 
2431 
2435 
2435 
2436 
2436 
2437 
2439 


2439 
2459 
2460 
2541 
2556 
2558 
2579 


1549 
1550 


82 


926 


1104 
1115 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1199 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


CONFETTI— PAGE. SEC. 
throwing on streets, misdemeanor—See sec. 1537a and Appendix, 
REP My Ce ae teh eT Oe asics “aS Rd ah wets wlcla Gade B¥al Ora we bereiad leit 1150 
CONSTABLES— 
PS eTctohataiay Toph ib laa acy celia Baca 9 oe ce en ee ene SP reba Werner, oaer ea 33 327 
eG age eee tebaey do apa Ce hy 2 Me Ra ange Bee Cone Pe a tgs, Nar S68 1506 
We MNOS GL SA WHULORGIBe PERISLOD oc cite x oc hawk alten sleep ie uiw oe 1040 2213 
may inspect. seconunang dealers register... ....5. 0. cet cee swecen 1058 300 


CONSTRUCTION OF BUILDINGS— 
See Buildings; Theatre. 


CONSTRUCTION AND RECONSTRUCTION OF HIGHWAYS— 
See Streets and Highways; Public Work. 


CONSTRUCTION .OF CONDUITS, DUCTS, ETC.— 
See Electric Wires, Conduits, Tubes, Cables, ete. 


CONSUMPTION— 
provisions concerning—See Contagious or Infectious Diseases. 


CONTAGIOUS OR INFECTIOUS DISEASES— 


in house connected with dairy or cow-stable.................... 685 533 
rights of Mayor, Board of Health, etc., in epidemics—See 

Epidemics. 
physicians to report smallpox, typhus, croup, cerebro-spinal 

fever, diphtheria, erysipelas, measles, puerperal fever, scarla- 

tina, typhoid, yellow fever, whooping cough, cholera, chicken- 

TOC ee Sen ean ts eh Nas le Tigre Sie ak <a tt. ohio wie, gle ou she fake 734 192 
what to be contained in report of such diseases................ 734 793 
when duplicate report required in case of smallpox, typhus, diph- 

PNGPIOMECALT ALI aa atl CHOlLCL 2 so. 5 Sals't wich ete mia! e b egoe wal sisee ale 734 794. 
report of termination of last named to be made................ 734 795 
PREM VSO LL CREO UO Corte cle ese atn’s acta ss sya¥iveie a Reagela 8 alee ob a 735 796 
Tigtiksul Ore: ee coe le eee Wasa iain inte he ate otica Vutag cotta shh ges cee eis Too 197 
PPT S a TT COTE EMLOTE Seat okie oc larelc sieve cleaned oie pter oiahes «one 3 735 198 
parents and guardians whose children have, and permitting at- 

Lendances abescnuuOOr sIMIsGeCMeAnor & ck. aes tee abetec ces. (35 799 
teacher knowing of pupils having, to dismiss same.......... 735 800 
removal of persons afflicted with, from hotel, boarding house, 

EC ULIUIIRLCLL Pan eo fctne We via eretietdigy bal inca esis aedeagal a Fis sche 735 801 
removal of persons afflicted with from private houses to hos- 

NEY Ai eee ee RNS 6. ie lake aioe soles Poe hee oe ire we ae 736 802 
residences disinfected, or streets closed, when by Health Com- 

THIS SLOTIES ems caer ROct Mer arate. Weingart ted O accke ot Mie ee ee BD oie eas 736 803. 
notice of, to be given by owner or agent of hotel, boarding house, 

DE Vater Wel emme LO eomciatak hte eee Ao. ie le tesla lise ess 736 804 
Health Conimissioner to-notifys Public ‘Library’ +2... 0.6.04. 6s. 23 805 
Gisinfcetion. Gf nocksronmie upc Linraty 2. .tee, ce. oe eee: (oes 806 
persons failing to surrender books for disinfection, misde- 

BO GAT OU oae ree rata teioe cee Pa eee aia erate Aa ars ie, soils, dor ohe «Fak ba De lao . 73 SOT 
duty of police to notify Health Commissioner .................. 130 808 
interference with Health Commissioner in matters of........... 137 S09 
consumption or tuberculosis declared communicable diseases... . 738 810 
measures for prevention of consumption by Health Commis- 

SLOG Taree cae er ier edoe itd calttes cc LGDAns: La A celal lace lea ealviele aes 738 810 
attending physician examine sputum of consumptives and make 

BSDOLT cer Acca egies key eto, Hk ls ale als 4 8A Gib gaa Ne ee ds Soe wl 738 811 


Health Commissioner examine premises of consumptives, take 
MOLCHFE (UISETIDL COM LUILORE Ueleaitcit iia ts ies fats tote hk ood see oles is 0s 738 812° 


. 


1200 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


CONTAGIOUS OR INFECTIOUS DISEASES—Continued. PAGE. 
houses not placarded sfor,-conustmption® “ies. ee a eee 73 
proceedings where consumptive has no physician.............. 738 
examination of sputum under direction of Health Commissioner 739 
disinfection of rooms of consumptives, failure is nuisance...... 939 
penalty for failure to observe consumption ordinances........ 139 


quarantine against—See Quarantine. 
railroads, boats, vehicles not to bring into city persons dying of 
COLTRI” 59 Se Se coe eae at eis Hed ITE ohooh tek ah 1a a Ee a 744 


CONTEMPT— 
power of Police Justices to punish for. See Police Justices. 
power of Municipal Assembly to punish for failure to obey sub- 


poena, etc., see Municipal Assembly. \ 
CONTRACTS— 
custody of, to: be “witht Hegisterd sree sen ee eet oe { aren 
custody of papers relating to, to be with Auditor.............. 1086 
violation/of (ease dighting) vs ees eee ent GE SESS NST Or ack 634 
for public lighting, see Lighting of Streets, Public Places, etc. 
for city: work, toy provide for éight-houmiday ce -40.ckh we. oe 619 


for city work to contain what conditions.—See note to sec. 1921. 971 

for abatement of nuisances—See Nuisances. 

for construction, reconstruction and maintenance of highways— 
See Streets and Highways; Public Work. 

for street sprinkling—See Street Sprinkling. 

for street lighting—See Lighting of Streets, Public Places and 
Public Buildings. 

for disposal of garbage—See Garbage. 

for special legal counsel to represent city—See City Counselor. 

for stalls or stands at markets—See Markets. 


with City AMayor tG Cause enrorcement Of. ca 04 sas oie tenet eevee 866 
Commissioners of Charitable and Penal Institutions not to be 
INEETRSTEC EIN Be re nar Peeks alee ae ecar Wia: Wake’ a arch wag catia amen ae eran ae 915 
for care of foundlings, at certain institutions—See Foundlings. 
for letting out work-house prisoners—See note to sec. 1753...... 920 
officers at work-house forbidden to deal in supplies............ 924 
annual repair, let by Board Public Improvements............ “e910 
annual emergency for sewer work, let by B. P. 1.............. 989 


for public work to contain what conditions—See Public Work. 
for public work in general—See Public Work. 
for street matters under supervision of Street Commissioner 


(CIAUSO 23 Vee ae are on aie iia wile 2-4, Sos coi de wden ee eee Nears toe Ce STB y 
for water department under Water Commissioner ............ 981 
for harbor and wharf under Harbor and Wharf Commissioner. . 982 
for grading—See Public Work. 
FOTAMUSIC FIN MALKS Peete reels Loyd 6 Secs: oi wire eighty ane peacens nad Pana ee 999 
for city printing—See Public Printing. 
Beal of city. Impressedvon “when not; valid oii eieks wee states a 1006 
for building boilers or elevators to be submitted for approval 
to Inspector-ob Bollersvand, Elevators... tac..esm omer ae 1074 
for supplies to the city—See Commissioner of Supplies. 
all contracts of or with city, how executed, signed, etc.......... 1082 
same—-See NOTE: TOFSCGe 2a GH ie icc ony wn aos Peas feneeeeeten enn ee arene 1083 
COPINGS—See Buildings. 
CORD-WOOD— 
See Firewood. 
CORN— PAGE. 
how to be sold by measure ...... PENTA Eg FaRG. «pic emanate anki RE ene ee 1118 
CORNICES— 


See Buildings. 


SEC. 
813 
814 
815 
816 
817 


840 


2062 
2395 
2409 

335 


270 


1495 
1725 
1776 


1919 
1994a 


1945 
1958 
1964 
2034 
2069 
2363 


2395 


* SEC. 


2551 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1201 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


CORONER— PAGE. SEC. 
PALL C OD CELL E LOCC) he crak eiccc che a tis uth a les enw een 614 239 
Recut RCC eMC ty CLL CMEL LCI tr ert wr acs xiic e's isle Ghia a atcker ee bce ode ees 614 240 
MCRIIS VOTE eree LOMEIVG DONC. 66's viv diclcace + Cine SANG bckd eee 615 242 
OCs ew Lt) UES OL CER atg is 5 ME fe sien c hols es S/n dod sh Weel wo he gh S’ths om 615 243 
Cary LCi CERITGL PCM PRS CONLIN? Late ls. alle la 'a:'elety.e cas és notes 6 eee s wore ots 615 244 
Belarioee tis CUroner BUG BUDOLOINALGS 9. gcc oc tons caine Kote e st 615 245 
DOPLGIG LU err LCA OSLAL Ves oe ccs carat nc dbe Qwuw cme twee 615 246 
POCHTIGIIE COME tl OU ato) fered ie sled a cre ack. a tens CANT ae es 616 247 
devote entire time to office, or be removed.................. 616 248 
PULLIAM ee PEE. ae eee as aehos be shale eee ss alee BAER ETE 616 249 
UGC Pee CECTERR YL Ole sere tee cll gC cba hc i la ceca, o Cog es Reet ene eae oy 616 250 
stenographer in office of, appointment, removal.......... SAR Te 616 251 
BUA oe ret eMC OL BLOGG May fet. y oc sip ea ea ede ered eileen: 616 202 
pie et Meme OT PAT CL ee che ole). p's) ole xin dig eae, a ak a diate cw leidte: athe 8 i ate 617 253 
PURE eT ORC ey ee cle ea ae ies igs ona ale Sia ee wletecaleralal de ed «Sta arare 617 254 
Min On me CNS eter lO WaaiC Hae eae ata ss take asf Ofee who ve wes Oye = 617 255 
: : 617 256 
PU NGe isan Cease DErreNOrcea 4 UN. oi. ciciat aye ate, ceatuanedw ben yi ales { 719 695 
PRIS CUTIR COVIIG URL RE OGLE creak, SOR Daca 2s oie ee Lee ke OR 4 Rahs Wee ete 617 257 
ECR ECC URE ENC COR Carer es tah eee Erte EN Wy cake w's¥ pets BISMON @retealy ak aw 617 258 
POM er I CHUETOLERINOLS UG sin ee bie tie sous Awe uc cis pics Mee ede LO 617 259 
Poe aploiit oupeMmuLenaent OL VMOTEUG. 4% sc Maer dink ce 4 ode ea 618 260 
to appoint assistant and porter to Superintendent.............. 618 267 
REO ete eos lime Olt IISc OM Che is oh o. 2 tie als s conta des onccthers when's { an AF, 
expense account of morgue to be kept by..... LAMM Aa. ie Biale 618 266 
salaries of Superintendent, assistant and porter .............. 619 268 
pass on case where body brought into city without certificate.... 747 857 

CORPSE— 

See Dead Body; Burial; Morgue; Coroner. 
COSTS— 
See Fees. 
in Police Courts—See Police Courts. 
in Court Criminal Correction—See Court Criminal Correction. 
MIALOUIIOU GU) A 1bY COCALO g cuarciel seems ora egret Per aarre ec Oe aca Ret S Piet Ghé 833 1331 
COTTON— 
Peepiaede: go tare Gs ergy above dw abe 525 1oPe Me Se diel ots 5 ee a! oo ee { ay oe 
Peciieeisetoe TEMOVAl Ore 1TOMO WHALE aie octets ce cle oiclolevets ove dias lee 645 360 
COUNCIL— 
[This heading contains matter peculiar to the Council; for mat- 
ter equally applicable to both Houses, see Municipal Assem- 
bly. ] 
President of, see President of the Council. 
elections to, see Hlections. 
maT al tig Weal PRA ee ac hae Me ig TR A ee A ee a re 844 1380 
CUCLEREUL AmeCTGUHLY BOUELIG Beret tn tart rea a Mey teen bade sales 844 1383 
ATLIGM ULE METeOnD Ee Iba OLE Gs ti nits ats eN ice ceiaie Gina balan 845 1384 
: . f cn 845 1385 
BAIATICHSOLMOLUCL AIS) LIVdert stein fo Pe leee dips dua dis gels. 6 = Seb + opie nies > { 843 1378 
TMU LL OT Wee oe chk oi tere ea vie ce oid hee alec bid xe hae gmat 0 'h'0 wwe 6 845 1386 
CSTE Cle ete TCR res fe eR Ae eo Nas wh isis bax al ais Kala 65d ace esate 845 1387 
O54 Ab ATIC FOTO VELL et ALE Vie Wane he ata Sos oe ce WEE aieem 0 ws av b bdo 869 1512 
to elect Commissioners Mullanphy Emigrant Fund and fill va- 901 1655 
Cabo ets One ee ee I ate tiide Olas ele uk ¥ aie «0 Pee cee oa wee 902 1656 
905 1672 


when Mayor to send to, his appointments for confirmation..... 907 1685 


1202 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


COUNCIL—Continued. e PAGE. SEC. 
when’ to fill--vacancy ‘In, electivevoficew or oo... nee 908 1689 
special session of to try charges against elective officer........ 909 1695 


trial of elective officers suspended by Mayor—See Officers. 
removal of appointive officers by, see Officers. 
special session when called by Pres. Council to consider removal 


of appointive .Oficer'ca; Ukr mess te eet tees aie ee tee 910 1704 
removal of elective officer by on its own motion, conditions, 

CHAPGES; “SCG es siciw Ske ey ele eee ke vase tac e TRC LE: aeoka evel ate Geen meer 911 1706 
assistant secretary of to act for Commissioners of Charitable In- 

StItutions soy Jessel the Hea ee ERR AET Onc Beatin oan ae 913 1708 
approval or proceedings respecting contract for public printing.. 999 2036 
confirmation or approval by, 

or: Commissioner ots Public. BUundinseeune sons ee pee eee 549 8 

of members “of “Boardyob Appeals. site. sein ihe ea eis 561 58 

; : 613 Vets 

Of City: SULVEY Ors: tocar tere te ten ninel. eer here uses ies wean taree { 869 1511 

Of \Factory {Inspectorate Corer wee iis te cicin e etl eaae es ee eta te ate 622 276 

of: members. ofr Board ‘OL Healt iwem eu ictveuie ais eens ase hae 663 437 

of -:City: Bacteriologis tik sue seit cea vetoes here ee ee aie 667 465 

of City (Chemis tic sions cal pene ee ee ede tacos ets te er ne ana Se 669 476 

of superintendents of city health institutions.............. 723 eee 

of (Superintendent of tPoormt os coy /o  jaceteae ate eve ees We 732 vee 

Of ;Gity \WPOTresters 0. ay lhe uuss: nthelan eee earreoe Peer en ec onaeee ROSMRUEN Rae ghee ae 812 1248 

of sPolice<Jistices tand) Clerkssaguesraeee ies cee ee eects 819 1268 

of -Police«Justice:Southsor Arsenal Streete. ne ape oe ee 831 1318 

ot tAssistantsCitvs AUOrney nl vet ates cele tetera eae 0 are cae Pike 835 1338 

of ‘AssoclatesCityeArlorne yin crits bine tee Sele erent e apebr es alee 837 1344 

oLAssoctater City, Counselor iaees coolers el Oates Role 839 1351 

Second Assoctatec City eC ounselor:y.cices ns oe acne ee see 839 1354 

Assistant (CilystllOuUn seis ecm ion ia aii caelc, Sta aire 'e em ean Re serene 839 1856 

Of CORTAClHAIOl Speciall lez alMCOuUDSE! Was sec tee eee ca ee 842 1374 

of; Mark 6G-Masters tro eer elves aRepa ie sate W koe opie Beytnks Pesan anes 855 1434 

enumeration of other appointments of Mayor of officials to 

be. CONTPMEd SDK. COUTIOI eS ea le einen haere ene 868 1509 

Board of Managers of St. Louis Industrial School, or House 
MDE RLS ca be ir tee teen eee aun eielolce'se’ yak wham’ ecient es ae 869 1510 
Smoke MNSpPechors Wires eerste ore a Sie ow hs oo cnhle s Boe Oey eee en 894 1622 
SP ALLO Tye ics fo a he tees Wek ca tecad ctaotney aie aE he eh Soca Sw a ka alka nae 916 1732 
: ( 1066 2323 

Boiler’ and elevators; el Dspectory OFF... s+ /k.< sussd Biczeten cl eee ee kane 1 868 1509 

of, Assessor and Collector of. Water Rates. 2... 20.00. ae ae ee 1095 2448 

W C12 EPrSe OLN CALC i ee cee rel Ahora eA sdotacs fe) ac che eve sae tenet nate | mena 1119 2555 

Lumber Measirers well ene. cia fle ar etous acs wae A holatent es eee 1129 2591 


COUPON—BONDS—See Bonds (City) ete. 
COURT OF CRIMINAL CORRECTION— 


has, appellate jurisdiction: from Police. Courts2. 2.2, 2.5.5) ose 828 1805 

appeal from, goes to what court, See note to sec. 1306.......... 828 

collection ‘of COSTS#EIromUcity.J In TCaluIsesrin,, 2a). .ie wile oc ee 830 laws 
COURTS— 

Police, see Police Courts. 

Juvenile, See ncete*tos heading ol Chap. 13...) 285 sea eae 815 


Criminal Correction, see Court of Criminal Correction. 
juvenile, see Juvenile Court. 


COWS— 
See Milk; Dairies. 


679 509 
sick): to" bev reported sremoved ys Otel ref ieeh woes nce noe eee ene meet 680 512 
685 530 
stables where, are kept, requirements—See Dairies. 
inspection of—See Dairies and Cow Stables; Veterinary Surgeons. 
NOt. to’ De VREPC HI DEA rate ee ela tse ceatentee oot ecole hap twa eee eee 697 586 
dead? not-to. De“DUTIEd ANGCITV As ew Pies wcle fiestas) eae nee meats 714 670 


driving through streets, regulations—See Cattle. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1203 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Lowis, pp. 225-256. 


Index to Charter and Notes, pp. 4638-542. 
COW-STABLES— PAGE. SEC, 
See Dairies; Cows; Milk. 


CREAM— 
See Milk. 


CREMATORIES .AND CREMATIONS— 


WTEC ULL LOT POU 2) VY COEN LTT TIC a ila fa Sa lelisl pe' el aidan s Dive eA ark d 8 b-0 748 864 
Pe ERO tie CO TH CrOLUa CICS gate prc her aie iF hares, Sania Waly 6 od) sheverers cove © 749 865 
bodies brought into city for cremation, regulations.............. 749 866 
body not to be received at crematory without permit, etc...... 749 867 


CROSSINGS— 
regulations for—See Steam Railroads; Street Railway Cars. 


CROSS-WALKS— 
See Streets and Highways. 
DOLIIASLOM COMCONGETUC UMS fee se eee nies 5 ve Se eS IE ee Pale eh awa ee a 758 902 


CRUELTY TO ANIMALS— 
See Animals. 


CROUP— 
See Contagious or Infectious Diseases. 


D 


DAIRIES AND COW-STABLES— 
provisions concerning vending of milk, etc.—See Wilk. 


: : : 679 510 
SIGKT COW SEOLT LOTSES PIU OPERA LIONS 2 a )cye a tip «sieht So ccsacere onan eleba'e 680 512 
IG MWe ELT LUV ee rag eee Ee Uc atede oe 4 Yard gece kf idk tae hes sts 680 513 
validity of ordinances regulating—See note to. Secs. 513, 
Rye AERO ot ie eae eet he mene Che Pre et PON oe air Shi ct Ane aah ef 680-681 
duty of sanitary officers of Health Department concerning..... 681 514 
TUL OT era RE are tera etc es Seeker cy fone da 6a retarted ceaheudert head SOS 515 
and milk depots to have milk-cooling facilities................ 681 515 
. fs 681 516 
Bere TMC LE GL Oli sit FOOLED ealcistark oid hire et aatetalete’ es anaie hae oe ae goeinta 1 1065 92319 
obstructions of sewers by, when removed at cost of........... 1065 2321 
permission to conduct to be obtained by ordinance............. 681 517 
application to establish to Building Commissioner............. 681 518 
POm alone lor CONSUITICLING 1 ets tian chose ee tain ots ine ale alee wis ele la tore 682 519 
sprkaests CW ashi he Pape) CREE fii ERT om be ama Anew es a Clee anaeee, OLe ante AS Be Ree a 682 520 


when deemed nuisance—See Nuisance. 
notice and hearing as to nuisance or violation of construction 
TACOS) eee eet a aes eh cree Mena at et fs (atk enclele bce cs ce nips Kia bee we 683 522 
conducted as nuisances—See Nuwisance. 
veterinary surgeons as inspectors—See Veterinary Surgeons. 
inspection of cows in—See Veterinary Surgeons. 
milk from diseased. cows—See Milk. 
connected with premises where contagious disease prevails.... 685 533 
at poor-house, and provisions concerning—See Poor-House. 


DAMAGES— 
MAIM 7LOt. eCRUSEC) Uy ITOs DC DALLINICUL «6s. < s/ejsiciutecreteceyc: 6's hlewe w!d a bhe 629 302 
action for—See Actions. 
in street opening cases, etc.—See Streets and Highways. 
De SOMINKINeE CONLIACLOFE REG. TLFC-DLUES 0 bike ek Moule a thw pie eles Miet ela le 770 1072 
by horses loose or runaway—See note to Sec. 1558.............. SSL 
to public property—See Public Property. 
liability for, from fires, breaking sewers, gas and water pipes, 
be) bas RC Ut ne BOR oie SBA ee ret EU ee eat ae ere ae eee 961 1884 


1204 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{ inaes to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


DAMAGES—Continued. 
for back-water from sewers, owner or tenant assumeés.......... 


for sewer work improperly done or without permit............ 


DANCING-GIRLS— 
Immoral, “MISdeMeaNoOrws ooo cree vied sono eel ah a Moen eahals Rm Un pe ee Peace 


DANGEROUS BUILDINGS— 
removal or securing of—See Buildings; Condemnation. 


DANGER-SIGNAL— 
See Red Light. 


for excavations: and.obstructions in highways-+. .2.% ce sete ene 


for excavations or building piles in highways.................. 
for manholes and service-boxes of electric companies.......... 
Dpreakinge (orerenmiovine. 15 Misdemeanors ge. setae ais ae cae rere 
when sandmnow py steam railroadsimpp. <5 oe. wae oe roee ee ee 


DAY— 
int) CILY; (CONnTTracts shall be; eizht bourse. cece oe en ee ee 


DAY LABORERS— 
eights hours constitute: day's work tor .Gityic.... ose ce eel. ee 
In. Ciby-cMOTOSLY Ys DLVISLON acct: slats ae sietapeie hn i coos a een cane ear nen 


DEAD ANIMALS— 
burlialoLvine city MiMitsepronloleede ccs stein eee ike ee eee 


burial ‘of .disinterments 01.0 cGst.ai. ss.) soe a ae ee Lee 
misdemeanor LO ENUry sy ELCL w DENAILY so. <a lahe le cece hse al is eee eee 
duty.-ofspolice sto report. Durinis (Of; cts ed. scree he enter eee 
duty of police and health employes to report carcasses........ 
Board of Health to keep record of carcasses of..............4. 
disposal of, duties of police, street department, Health Depart- 

ment, etc., under present ordinance—See Ord. 22580 in 


ADPPONCIRA Rerum vin che rede 2 ale ein ad ON dies Proto Sie eee 
Same, aUUAer \COGG Mate chile ate comer ln a cokh ee! slot Oa ek reer a Gene enone 
on street, nuisance—See same Ord. 22580 in Appendix......... 
OD. (Street a TUISAN CE ns WHICILA cre eiaheks a od corede wile’ eters ane <taeteee Rieeie mec ate arene 
CaTCasses sno to .Dearemoved 706) USEU.).).". >... aicts cian tee ve a eee 
permithrorsremoval Vconditions, ete. 274 Vea vee cle eee eee ee 
MANNEL- OPSTEMOVAL ns voters eee ed ta ees ol elbie, &, alae latatae ve ferhe Rauch aan he een 
NOtTZEO FDOT USEAMTONELOOU ail) OLins aot 4 cdi siesaue bet aipie tece Sek Sue eee Ce ee 
conditions ‘forfusine vor rendering... 12k a. os eae eee en eee 
penalty Lor (VlOlALION* Ol OALLICIO NON visi.) sta eicisnetc «shalaage ie eines Gumeernee 
not“toxube -thrownvapoutsmarket-places wi: ich... es eta ear ee ee eee ieee 

DEAD BODY— 


See Coroner; Morgue; Burial. 
TOEMOVA] Ol LOM sy CLC Vie ek eee See he ats ole sch eee in he ee 


of persons dying of certain diseases not to be brought into town 
physician’s, certificate..toc accompany. .s.0 i... case. 1 ue a oes 
disinterment denied of corpses of persons dying of certain dis- 

CASOS.77) Fos Ie eae lea Pe pee eco oe erates ste iaed el whe is ce veiien a eno 
regulation *for-didintermen prose: ce cane oe wake Mota gee 
opening graves, or removal of, regulations.................... 


SEC. 
2303 
2306 
2307 


1518 
1520 


924 
925 
926 
1135 
1138 
1857 


270 


269 
1253 


670 
671 
672 
673 
674 
675 
676 
676 


677 


684 
598 
678 
679 
680 
682 
1453 
682 
683 
1454 


837 
$46 
855 
840 
841 


842 
843 
844 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1205 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


DEAD BODY—Continued. PAGE. SEC. 
disinterment required, where burial is in unauthorized ceme- 
Ries AMT RUE TL lee eras a Riayat od Ele. ea ne enna OUR er dies Bh, Ph pt Lae 746 852 


burial of—See Burial. 
cremation of—See Crematories. 


DEAF— 
See Board of Health. 


DEATHS— 
to be reported, etc., by Coroner—See Coroner. 
to be reported by Health Commissioner—See Health Com’r. 


Be oer ree ate Wi We EL OT ies on dee od ica treo Wee coe, eo ek eek ite 719 694 

‘ epee 719 695 
Se emte tor etal Ve DUV GLC IIS,  ObCe. Vel sc mh oo 8s ae Gees 6 Nis oe 0 { 742, 897 
Gre ant ee mg catia ah niet d0 Xess ine aa cteme Micrel SEW alk A's aoa lave a @ Xo eeace eve. 719 696 
POnb I ete GUT rOL MVOCO Lee i stilt alc is wihliel 6 Ce ws n'a rack n a ovee biboe a 744 838 
DEUA VLOPrIAlULeMCOe Te DOT CEL reek eee a ereehae fs nee Pewee a oy 719 697 
POLRIUCHLO LOL OVD VRECLAI Ne ci ceiceteie a © here gh tdeIe © 6 id ase, slteare ey oe, epee 742 827 
certificate in case of, without medical attendance............. 742 828 

DEEDS— 


See Recorder of Deeds. 
by city—See Mayor; Comptroller; Property; Register. 


DEPOSITIONS— 
FI OCLC OTL EI CONGR Mie Wise ticcsie ace arerd rans 6 se as shigcoine adie sie ele eta mats 827 1301 
SIC Ge Ole CLL Va OLUICErSiiD Ve © OUNIGIEE on oi cp" F kets ak! > wiciee/labaiete i oxelaty 910 1701 
DEPOTS— 
See Railroad Depots; Wharves. 
DEPUTY— 
See the respective chief officers. 
DIPHTHERIA— 
See Contagious or Infectious Diseases. 
DISEASES— 


See Contagious and Infectious Diseases. 
advertising cure of venereal—See Misdemeanors; also Advertise- 


ments, 
DISINFECTION— 
of premises, by Health Com’r, ordered on Sundays, holidays or 
NS CUED Bad TR SET BRA ee Ay INTE ste fs Baer eRe eae a ear or ea 667 462 
same; how compensated for to employes. ..... cc .ee esc e we eence 667 462 
same: \requires certificate. of CMeErgency. i. 5. ew eee ees 667 463 
of residences from contagious diseases, etc..............+-2-- 736 803 
Clee DOC hem ben LDN Ge PADTALY: cates ul tiie ciate stains shale pinieoae oo ala, sls o's s6.0 737 806 
: - EuT39 816 
of rooms of consumptives, penalty for failure................. 1 73 817 
DISINTERMENT— 
of bodies—See Dead Body. 
DISPENSARIES— 
under the charge of Health Commissioner.................000- { ch hy 
requisitions and accounts—See Health Commissioner. 
duties of physicians at, as to insane—See Insane Persons. 
epiablished by Health Commissioners) io. ie cde casi ew ek 730 767 
chief physician to have control of insane in jail.............. 730 768 
SAIATION OL ALO GUOCELL LOREAL walt: oct sine is Oa vie Gv wialeiane' «eis afb eel eke 730 769 
may prescribe medicine to Health Commissioner for sick or 
THOIEOT Ga DELSOIS toe ee ai are ee wes he os ous doh cs wate viele 730 770 
SHlErled) OL -OLUGCCTSs GUC CHIDO V COE AG so Sir iiestle on 4 she uc. cobietele bie’ 750 872 
FEMIDOFAT Yi Olea: SAAT ICSE AG i ee cee fos yy is ties «aod sn daly kids { Ge ate 


private, regulations—See Ord. 22998 in Appendix............. 1142 


1206 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


DISTILLERY— 
discharge: of: foul"lHauids from: = o2o a ete ole ee a ee or Cee 


DISTRICT ASSESSORS— 
for all provisions, see Assessment of Property. 


DISTURBANCE OF THE PEACE— 
decisions concerning—See note to Sec. 1537...............200. 
misdemeanor—See Misdemeanors. 


DOCKS— 
. See Wharf; Wharfboats. 

DOGS— 
not: permitted rat-imarkets cthy 2 oye ieee earn ates ere me ap ne ree Se 
counterfeiting. Wlicense-plates PLOr.2". race oe eee ee aa ee ee eee 
not permitted in city without paying tax or license........... 
decision as to right of city to impose dog-tax—See note to 

EGE LOS TAP Sishe Wi tare tralia Meteora Ven ete 7 OMe ed ROE Upto Meine arte al em ta 

AMOUNG OEM CAR VOM ss Sie, epee take airs ea ae Peete era eke bal aad ay Caen eee 
tax-plates .tor, rezulations: :what.towcontainye.uc. see ost eet 
delivery,» of :tax-plates, | Certinicater.. Vues tec uwteus perebteenee = tte ae 
owner to. <put (collarwon ere vieeror ete sos eek teak ea cee ohare, 
when impounded—See IJmpounding. 
DEDAITY LLAlUre LOM DAY NLA wire eats wines ie al creeabe O/auy See aie ope a cove tee 
running, at large, prohibited, unless *muzzied iv. i222... 2). 24. 
redeniption:..of, from, dog «POUND AMCER. TCLG roe ca cite wie edicts we see 
when-and how to be kKilledvat dog (pound Wee Sve acl bw ok 
dangerous dogs, fining of owners for keeping, may be killed.... 
CLETET GR eB sin ie al aoe eve dared ae les etigt o Ne Uae ae alae ertan ke iis ie wate atc eee 
payment of fees collected for impounded...................... 
prohibited in parks, except under certain conditions.......... 

DOORS— 
See Buildings; Theatre. 

DORMERS— 


on buildings—See Buildings. 


DRAINLAYING AND DRAINLAYERS— 
See Plumbing; Sewers. 
drainlayers, to bevregistered; with ese bat eos ee oe oe eee 
suspension or cancellation of certificate by B. P. I....2....... 
authority of Board Pub. Impts. in general, respecting.......... 
Supervisor of Plumbing and Drainlaying—See Plumbers. 


approval or drainlaying«<plansiveters ssa wees tis wa creas eile ates Wea 


drainlayers under control of Supervisor of Plumbing......... 
DOUAS BOL tdrainlayers “ys. ost oe En ered neta aie athe era ahe liane o etn win arent eee 
requirements and duties of registered drainlayers............. 
journeymen and sewer-builders, certificate required, etc........ 
deposit fund of registered, fees, inspection..................%- 


DETMITS (TOT SECODNECLIONS 55, $15 a's ccc teh aoe ones Rie © el aie ee a ae state toe 


drainlayine sdenned se Liens. 6 fv Asc binie tt eore less sa oie veers ae ee ree 
right of Supervisor of Plumbing to enter premises............. 
penalty ior violating.) provisions 0n i.) tae ols wie winteloledesaierane aieiny 
action on bond of, for defective sewer work, cancellation of 

Tights Of Md aMaASes sys). 4 sas ws le eae ors ea rele seme ats wie eee 


DRAINS— 
See Sewers. 


DRAMSHOPS— 
keeping lewd women in, misdemeanor....................2-00- 
employing lewd women in, misdemeanor.................ccece- 
permitting disturbances in, misdemeanor..................... 


PAGE. 


697 


877 


SEC. 
589 


1461 
1618 
1637 


1638 
1639 
1640 
1641 


1643 
1644 
1645 
1646 
1647 
1648 
1649 
2018 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1207 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


DRAMSHOPS—Continued. PAGE. SEC. 
Keeper ol, ‘selling toxintoxicated person... uci iii. ck eee ees 878 1539 
ordinance provisions concerning licensing, ete., of, how far 

superseded by State laws—See note to heading of Chap. 31, 


Neg We Fe Se BT okey oon A ll ES RR ae Ee weds TL An ee eR a 1024 
authority of excise commissioner and decisions on—See note to 
CP LY) Se oe eee CRP evel Gh 2) oy Neca sa’ u els Misha te lelu le Wtekste trace la cheval hoon 1024 
ROG VOY OU aE COP OU tee tetay ace aren ak kA Pm ke ath tie ated ata Ned ahene's 1024 2150 
decisions on definitions of—See note to Sec. 2150.............. 1024 
application for license [section superseded by State act]...... 1025 2151 
license limited to place of business [now by statute].......... 1026 2152 
license-not-transierable (now .by statute], ac. ck eal ew ected ca 1026 2153 
merchants exempt from article [now statute]................. 1026 2154 
Bl resi 1 1LOGlBes, erOW aS EaUUCe fi 2b ea ak ced a Pave te ake elses 1026 2155 
number of licenses granted to be reported [now statute]...... 1026 2156 
TPE CMLL CCL tule, Pe CLIT Bice ia, tne «tee oe cre ee ee cea ee nee 1027 2157 
Bane wamMeongmeny,- OFn.  2a50G,. A DDONGIX oo vaciars oldie fc slslem« 1158 
revocation of license, for what [now superseded]............. 1027 2158 
DLGLeLOe souCenl @ Mew OAC DINGO wists ol hie eietats c ccerc dine File ® wilde WaereroX ss: 1028 2159 
Pet ATC Cite Cre UOT Ctr ciaeynn ic. > vices wala’Gul st acclaia aie Ste c-cue Aw cid 1028 2160 
PEOUVUS TANCE Hae ELC OL. Sil DereedG [occ aiocs sis Fou artiel a olblelgraueleiell’s 1028 2161 
obscene or immoral pictures or paintings in, prohibited........ 1028 2162 
Pree OUsese Ole DTOUSCILUCLOl, op TOUlOiLed <'.)s:c-haisfa'e wie charade wide ested cn 5 1028 2163 
Wachee SEULCIOMEDLIBOOINEAT ONG ote aij ctche asad ud alee wile ore eaten es athi nie 1029 2164 
duty of License Commissioner to enforce provisions [super- 
COUNSEL yy acme ia Be gt espe TM gr ol og ah Mel an ae CE, 6 et NUE ee RY Ry 1029 2165 
Mere nalts ma reticle tiOCs NOL ADDLY) LOaied cali cree « 22's clarate 0bS evel p ls at 103 2205 
DRIFTWOOD— 
SUM) ESL EL ome Tiae VAT Oa nae RRs ate ik ths v0 tita's, a a fk bSwrk ove Bia acu ele whe a oe 647 367 
DRINKING FOUNTAINS— 
TILT UT OL mL e TS ITI LOI Clas ClO. eters ats foc ceure sters 2's sc 'ohp ayaust wl 6. u Biases 620 ail 
POU SOI OVE CLI Olly (ime. tence © Uultsa ete iatere sek aiute Glaldbetgcelle so skole 6 620 272 
CO Le Ot SLOT OTECON LLM UAC Oli rare cits, erelthc ee ieNe Greve io la. e asd Geeta wi wi 621 273 
POGIMmIPOUNLON Mm IAD DCAD Leh son. atin Felae abies #46, aie wile’ aly avoreed malo 621 274 
BAA OCIOCUG a TTR VP CLOCE ete ote y Clitels a nlite ache stetelel sels waders serene cis 621 275 
ateachinentss dr epUublic; with. cily” Waterr PIPess uiiuyecie kien ec ees 8 1108 2508 
other than—See Fountains. 
Wah CE ee TELCOS ee ere ee aE, rash Aol clot ey iele alate lvleiaheres ala Glow 440 ete 1103 2487 
DRIVING— 
DIP StU Gy Ali ISGOINCATOT auntie o pirtetir +. « koagere a ai inde Siete e's ce Mae 8 6 805 1210 
PEVIIR EIA eA UC ERT AT GUST eel OF LOC CD as shen Mode ioraie bro aspos: <oars Wie, Busverele Pe iets 859 1454 
fast or careless, or overdriving, heating, etc., misdemeanor..... 881 1558 
Ra SLAB AGLI ESTOLL LL GOULD ences ore one tacts een Lat Ne oe wb v ai sTalotcd acid cp 428 eyeite 881 1559 
WithontUeelleerwoien = SlelenIne Dron DILe Gs ae ce ie ee sien te 881 1560 
rules of the road on highways...... We At Setar els eh va Sim ek, Ronee Ss 882 1561 
WT LSM Ol MELO EORO CITE DELLS. sch catale Wiel die ts acesdia ecsteakys We" Wild eens ate a os penoo7 a tea 
over bridges, regulations as to speed, posting, etc.............. 883 | oa 
= i 
cattle through streets, regulations—See Cattle. 
overloaded or mutilated horses, etc.—See Animals. 
996 2018 
Tiin APRS LORI AL OIG aecs sete is Mma Vidal bide bleu deacsi als vais oh aceh oo a die.n's 997 2021 
997 2022 
DRUGGISTS— 
7 d Oe f 663 44] 
tow be. turnished tate dr DHVSICIGNS) 223s 42g eke teases heeded as 1 687 547 
HOWHtO; (RUClADOMOL Gre. si twins sok Ga wig ldtls as drs cise eve sie eee evs 687 545 
penalty for violation of ordinance relating to.......... PSY ike be 688 550 
not to practice medicine without complying with requirements. . 721 704 
LEV ee MOLGTICH i shire nota eines Rene CG. e bie aln  ie ees Sine asd siatdie o evele «oslo a6 750 872 


salary of apothecaries at dispensary..........eeseeeecereseeees 730 769 


1208 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


DRUGS— PAGE. 
687 
sales or: what; “forbidden? ons sore ee ow ee bac ee ee 687 
687 
which are poisons—See Poisons. 
adulteration ™of, a forpidGer ec feck .ticcae ce ous ne eet one teen eee 688 
proposals for supplying city institutions ;with.........+.%.0...% 1078 
DRUNKENNESS— 
See Intoxication. 
DUCTS— 
See Electric Wires, Tubes, Conduits, Cables and Poles. 
city May “Purchase ric ye ci: act cite ee ie se 3) cae Gi okt eee 783 
' DUMB— 
See Board of Health. 
DUMB-WAITERS— 
See Buildings. 
shafts,” how “constructed: . nike aes Beles a rele ie ee enn otk 591 
inspection: of, not; -required:.¢. s4e yen tees Moen eee ae ee 1073 


DUMP BOATS— 
See Harbor and Wharf Commissioner; Scavenger Dumps. 


DUMPS— 
See Scavenger Dumps. 


DUNNAGE BUSINESS— 
at wharf—See Wharf. 


DWELLINGS— 
See Buildings. 


DYNAMITE— 


551 
resulations concerning tec. ct sac ce eee eee eae eee are ere | to 
553 
ine 
ELECTIONS— 
OL COTOTOR, oo ose dead 'y soy een Sle 5 tee eich aad ie ee ae ds, ee 614 
torfill uvacancysin, office of “Coronereic.. ue eee eee ee ee eee 615 
to ‘House of) Délezates; in) general. oy). fee waite ee ee 843 
to’ Councilin jeeneral yee iy eine cio a re ee ee emer 843 
of) (Presidentrot pele Council 7.) 2 ass Sc Nan tated athe rte 844 
to: fill vacancies sin” Municipal .tAssembly. cc ie eee 846 
to. Hill Avacancysin VOLnice; OL May OMe. se ccs, waste’ eae ce eked tele eee 869 
proclamation of election to elect Mayor, when................ 869 
specialelection, TOryMayor, “WHEN. s.5 <ks's testes aPen pee tee ae eee 869 - 
by Council to fill vacancy in elective office, except in Mayor’s | 
OLD Ge Arie Mot bac ct fass te wha, 5. soba ees Sok prunes oe ae ne a 908 
special election to fill vacancy in elective office............... 908 
special election to fill vacancy in elective office caused by 
TEMMOVALTON SCHATZ ES AL ee eects Seven Since be See eee ane 909 
of .-RecordervOtt Deeds swe sees tats Cradk in Wie ole) a aie Peels Reet canara 1002 
to fill -wacancy-in whecorder s Office < iar trails sues teteae ceria eee nea 1003 
to. fill) vacancy, in* Collector's office). i4sni ee ele ee neste cee eee 1055 


SEC. 
545 
546 
549 


554 
2378 


1104 


171 
2358 


19 
to 
26 


239 
242 
1376 
1377 
1380 
1390 
(1512 
11513 
(1512 
(1513 
1514 


1689 
1690 


1698 


2047 


2050 
2289 


—_— ee | 


— 


a a on 


ee 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. | 1209 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Lowis, pp. 225-256. 


ELECTRIC BATTERIES— PAGE. SEC. 
EEeer LOL. TOOULLOU eS LOLttl ? es, by eis ies, yioes aa Ube Dae Hi crt wie « S50 1029 2166 
BOSC OL. ICED Rey h meer s ation A ete aie he eth OL stall a hag SB alata cic ie 1029 2167 
POUAILS se ONOrACINnE = WILNOU Geen soi tenivic teas in aa wos aw RRS KS nan ace 1029 2168 


ELECTRIC LIGHT AND POWER COMPANIES— 
provisions affecting electric apparatus, etc., of—See Electric 
Wires, Conduits, Tubes, Cables, Poles. 


percentage of receipts paid city for privileges, bond, etc........ 788 1125 
to guard manholes and service-boxes—See Manholes. 

IUSVECHONAOL, DY SUDEIVIBOr OL KHL, WIZUTINE. «och vse cee os sleet T91 1143 
GuUtyaOlscto.aumitrouperviscor (OT. inspections... ... cece edss + ot 792 1144 
duty of, to employ competent men, and take certain precautions 792 1145 
Teen LiOne ee OvVariinges CONUCUGCLOTS. 4 os « cicamerinils ad cate ce cae talus 792 1146 
HUE Verena ie ey Sp eo B ever VE aegis Marae oie 2 eb tees Sn ie: scorer hokage re ar a 792 1147 
to use most approved devices..... on cenertar nt ticular adceaiete Pa eels 792 1148 
to use all precautions to prevent contact between wires in storms 793 1150 
notice to, to remove dead wires required unless nuisance...... 793 1151 
telegraph and telephone poles of—See Telegraph and Telephone 

Poles. 
telephone companies, conditions for using streets............. 801 1192 

ELECTRIC WIRES, TUBES, CONDUITS, CABLES AND POLES— 
wires of Fire and Police Telegraph Department.............-.. 630 312 
wires of fire and police telegraph may be placed free in private 

PON Ta eR), Mele ov ei AO 8 cet BE Aad Rn) Oi i seeing tn Ai a Me AO a 781 1100 
wires interfering with police and fire telegraphs considered dan- 

PEON EEE oor. kr dy dead ale Nelly ty oR NPAC POR Pe Ser i ea aes RSI ar 792 1149 
OMAUIEE LOL MOT OLLIE fe oc laters atste ative cratine ote ticke Coe 2 hohe ot al aictete etea ie 778 1093 
decisions concerning use of streets for, and right of city and 

companies, respective, concerning—See full note to Sec. 1098. 778 
manner of placing prescribed by Board of Pub. Imp............ fee) 1094 
MNGETeTOUNOMUIStricL.- GXCeDULON. DEPMIG De Lak. cc sles x3 oe to) te TAD 1095 
provisions for Western Union and Postal companies—Note to 

retell, HEIL Ge Aude fia Mg hin eh Cee Seen boar sayy pe Rte aM ihe ae ae eg co aird pee 779 

: ; , ay ai 781 1098 
penalty for placing above ground in forbidden district.......... { 780 1096 
when obstruction, street-car trolleys excepted................- 780 1097 
permit from B. P. I. to construct and place under ground...... 781 1099 
consideration of manner of placing wires under ground by Board 

ILRI tenis cae ere terdiot. ft ee x oy eturel cs Wrieke ole iats Wsle ts che te'e fare et Us fe 781 1100 
applications for, regulations, hearing, advertisement........... our 1100 
ce 782 1100 
OLN LRUSOE OL INIA Y VOU COT DOLICT cr tin gaat, + ota ein esa pie) eles m, o ote veuaidss 8) ath mie { 784 1108 
when persons and companies excluded from privilege of........ 782 1101 

/ By Ce Mitek 1102 
DOL PerLOU Oly weONUILLOILS: © OL sicias a via's dicen etstaie © a 5 ed lvale syale aes 8 «ale L787 1119 
DELMty LOl se Wiens VECOIIES = VOL asin co ieieie aie ale.» cier! *) pio leisle e siehe ewe e 785 1109 
no permit for, unless ordinances accepted......,..ciseeceecnes 785 1110 
city may purchase ducts or conduits, method direc ony eee 783 1104 
to be maintained without cost to city, or breach of bond........ 783 1105 
city controls, may order changes, etc.; failure is breach of bond { Le ee 
streets to be restored in case of disturbance, penalty............ 784 1107 
work of construction, where are used jointly, etc................ 784 1108 
provisions not applicable to certain companies, unless, etc...... 785 1110 
OTE TI Sn Tse Lerim IN ALO edie Hay aan ek ae Wo mies sista whe 6 Sed ws lve da. 785 1112 
prices for serviceS tO CUSTOMETS. ....5.. 0c ccc ceee sss ccesisveres 785 a I Ha Es 
poles and fixtures for, when to be removed............-++++e+: 786 1114 
restrictions upon use or lease of conduits.............++-20e- a ter 
city reserves right to repeal ordinances ON..........---+++-ee- { i aaa 
what may remain above surface, low tension, etc.............. 786 1117 


immoral places not to be connected DY........ sees eee reece eens { 789 1128 


1210 ' INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463-542. &. 
Index to Scheme, pp. 279-286. 
| Index to State Laws for St. Louwis, pp. 225-256. 
ELECTRIC WIRES, TUBES, CONDUITS, CABLES AND POLES— 

Continued. PAGE. SEC. 
application and plat‘to be filed by. users: of... (4.14%... wens 786 1118 
permit to authorized companies, desiring to place.............. 787 1119 
when wires may be placed on telegraph, telephone (etc.) poles 787 1120 
poles. .for:.to berplaced sinmalleys ery neni. a’. hs w sins on Site hoe 787 1121 
dimensions, construction and location of poles for.............. recy 1122 
control of city over poles, wires, location, change of, etc........ { oo nine 
privileges of article on, conferred on what conditions........... 788 1125 
percentage of receipts of companies using, paid to city........ 788 1125 
bond for observing regulations and conditions for.............. 788 1125 
penalty efor TVi0lagling Garticiemon mene tert at ous ei rae re nee 789 1126 
reservation ,of :rizhtsctovalten provisiouseetc. tuo sick uae ee 789 1127 

fr 789 1128 
permit; for immoral™ placesTilor bidder eget. sce. seus abede ee eee 789 1129 
786 LULL 
not to be used (contrary. -VOMlaWen oe erect cas Oe ol ee eas ta eee ae 789 1128 
permit: for illegalsisevrevoked 74. merase rials ves eres ha ha aca ey, sek 789 1129 
Supervisor of Lighting to cut down, when; interference, penalty 789 1129 
penalty ator illegals use: Of noes wtecetieG eae a hie ee ral ree ree eee 789 1130 
penalty store stringing [without per nity neta ele eee ate ee 789 1132 
police: to ‘enforce; provisions © ONwre tenes ee viciera ee ricer arena fh! te a BS 
removing cover of manhole, service-box, ete., for.............. 789 L1G 
registry and certificates, of persons authorized to work at wires, 

manholes, seryice-boxes* repairs’ 6tc. .... . as See pleads tee 790 1134 
same; certificate when revoked, and canceled.................. { i fee 
manholes and service-boxes, how guarded, penalty............ 790 1135 
duty of police to enforce provisions as to manholes, service- 

DOES NOLGE. Me Sia eae ees ee metas leet Oe eetaan RI Tete a Gh (eRe men en 790 1138 
duty of Supervisor of Public Lighting to inspect............... 791 1143 
refulations as 10 *CONAGUCtOFS petC i ie eee ie er et 792 1146 
cut-outs «to...De! DTOVIGBd ree Vi acto et whale Suck Soke Bete oe eee 2 792 1147 
when electric wires considered dangerous........,.......+.00- 792 1149 
all precautions to be taken to prevent contact between wires, etc. 793 1150 
dead wires to be removed on notice; no notice if nuisance. 793 1a be 
overhead permitted to contractor for city lighting, in supplying 

DILVALE  PEFSODS 4's dai eee be tors taney oleehe tet et aU ea ade, Voesh hiv eat eee UTE 795 1162 
right of city lighting ‘contractoOr lo Construct. alli... .... ewe 795 1162 
charge of city for use of streets by wires and poles............ 801 1188 
of fire and police telegraph—See Fire and Police Telegraph 

Wires. 
Board Public Improvements to recommend ordinances for regu- 

lating,-etc.,, conduits) wires; poles, GlG, cue). . ee ie le ns ees ee 969 1913 

ELEVATORS— 

See Buildings. . 
in-bundings to. have». hatch-do0ors; (etGav. nu awake ee eats ae eee Do 167 
inclosure of, in mercantile and manufacturing buildings....... 591 168 
invconnection swith StalrWays /-). cws's stews suldas « Piami se ai seein ee 591 169 
NHATES. POU STALLING > ALSOP «25 aa (ols & o> oleted eiatura wed iere Bust een 591 170 
Sey ISN ES VOVEL, Fees slsig Sane soc odes ets oie e's bse cavemen GPE EY pet tt Met enema nnn 592 172 
Huildingseeast, OLmwharly lines. 2s c.7. cs Aina ee eee eae oiahaee eee nee eee 643 349 


Inspector of—See Boilers and Elevators. 
inspection of—See Boilers (Steam) and Elevators. 


water COMNEeECLLONS 101) Trezulations su... os ule are sa win sien meeece ae ties Beek 2522 
EMIGRANTS— 

p 4 ‘ f 904 1668 

relief to, from Mullanphy Emigrant Relief Fund.............. 1 905 1669 


’ EMINENT DOMAIN— 
See Condemnation. 


EMPLOYMENT AGENCIES— 
See Intelligence Offices. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


s 


1211 


Index to Charter and Notes, pp. 463-542. 


Index to Scheme, pp. 279-286. 


Index to State Laws for St. Lowis, pp. 225-256. 


ENGINEERS— PAGE. 


in public buildings, appointed by Building Commissioner...... 550 

at Four Courts, Court House, salary of, and of assistant engineers 551 

civil, appointed as city surveyors—See City Surveyors. 

Et) SEABOLCIEY LO DAT cIiGiits SRLELIOS cock as ce cited Ae aa ee oe 750 

See for other departments, etc., the names of the official or 
department in which employed. 

Board of—See Boilers (Steam) and Elevators. 

licenses to, how granted or revoked by Board of Engineers.... 1068 

ADULIOR LIONS eLOraiCconsesi TALUIALLONS © ClO rors alles clas v ake eller .a's 1071 

regulations as to, in charge of steam boilers and elevators 
—See Boilers (Steam) and Elevators. 


licensed, to make semi-annual reports, failure, penalty........ 1072 
ENGRAVERS— 

1051 

PHrOvVisioOns-ang reeulations-as.to licensesaby i sietck een ake bl saee ss to 

1054 

mennition Vor. sey 2 erick a ion de Sears A WME TRE RP. Seas | Aen ipa ag 1051 
ENTICEMENT— 


of girls, when misdemeanor—See Bawdy Houses; Misdemeanors. 


ENTRY INTO PREMISES— 


See Right of Entry. : 
EPIDEMICS— 
proclamation in time of, power of Mayor and Health Com’r.... ue 
quarantine in times of—See Quarantine. 
landings from common carriers coming from infected parts.... 741 
ERYSIPELAS— 
See Contagious or Infectious Diseases. 
ESTIMATE OF COST— 
See Public Work; Ordinajces. 
when endorsed on ordinance by President Board Pub. Impts.... Spat 
when made by B. P. I. on complaint that public work being 
POLGeUr Ve lean (LOL O Pee rae mccrt one ohrcathy, dinar tae alae nig El okt ce akets 972 
ESTRAYS— 
See Cattle; Marshal. 
EVIDENCE— 
records of Health Commissioner’s office presumptive.......... 665 
SIPC L ITS LLL PCL AME EY Td Li eieg GLE sretee st teh ere ada pales eo cess oe dw ats Go ceed» 172 
BVMOSUOEIL LOU eer OliCOm © OUTECCARCS el. foots esdse gs siete, Ue. Sve wiel leva era ks 827 
of ordinances, etc.—See reference in note to Sec. 1414.......... 851 
burden of proof in junk-shop controversies.................. oN 889 
PUIE TULL ODMRV AE EOC Fores ie iris i eleven! stn e alee onetare Melk cele the agin she 897 
in trials of city elective officers before the Council............ 910 
on hearing of complaint of defective public work.............. ; oh 
on hearing before Board of License Revision.................. 1015 
Ol PAVMENLvOLP Speciale BG Walrtar.> DILIS Voie. crea etslas 5% Mie Wise a eae kes 1059 
proximity of weights and measures, etc., to articles, use pre- 
BILBO isa eerie Pea eee CUB a cit aviators tse re sik 6 6 pia wand his 1115 
EXCAVATIONS— 
POPUIALLONAY, COMCOPIIIIS.. atime ITE Hl TEL me Gicsry nis! a Wigs ace ie eGR Ss cd 567 
depth of, duties to adjoining owner.............. A yh ek ea 567 
Ti Wee AB LO SOGr NOLO TRE SOC eas aco orice S walk se Gk vale Sin cates. a8 568 


PEON is LEOLILTeBLICCLIIe cease eect ase wid Glee ia et Aas «Gan @ foie Venie we alas 568 


SEC. 
14- 
17 


872 


633 
1501 


§22 


1920 
1925 


1212 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


EXCAVATIONS—Continued. PAGE 
on. whart=prohiblted. ree ta tbe eee le eee — 648 
in streets and highways without permit, prohibited............ { ne 
in streets, alleys and highways, when special permit necessary 763 

762 
[ 763 
in+streetsand ‘high ways,*reeulatlomsts 23.6 cece sccis, aioe aioe ee 806 
808 
lo be 
in’ sidewalks; -MmustiDGEeDrid sede OW <... 23. sc race, os slave's ote s ete eet ne ie nies 762 
in or adjoining any highway or alley, to be fenoed atic). tama { a“ 
red lip hts Tor eatin Ue ci. cs ote Werle stale bs ete ie ee ee 763 
‘additional regulations for, in any street, alley or highway, fund 
for expenses to be deposited, restoring paving, expenses of 
INS PO CUL OT ater oer ponte eo eine le eae die si gOe Nera, Ree ete 763 
withdrawal of fund, withdrawal of special fund................ 765 
filling, inspection sariveway -over trench, -6lC-2., , on Jee eee 764 
for -telefrapnes celepnone Spoles. (CLG 2 oi a ccs cet oieietea tere ees at tole wesc 787 
for public work, must be protected, how, or misdemeanor...... 806 
or holes or dangerous places to be fenced or filled on notice from 
StreeGr ComMiIsstOnerw oor ee cise aa a eiecube eras pene pag heats waded ts oe are 811 
in highways, when Street Commissioner to fence or fill........ 811 
SAME? OX PENSS FOL AO WDALOR ayes cis feel etahe aoeie se slams at ake Tetaetee nye ae 811 
for stone quarries, retaining wall, failure, misdemeanor........ 882 
connected with plumbing or drainlaying, or Sewer............. { aoe 
Tor “Sewer OT Water CONNeGCLIONS. .. 22 se oe ole ck om ae vie en nies Baek 930 
ordinances regulating, to be recommended by B. P. I.......... 968 
Street Commissioner has supervision of all................-05. 975 
what subordinates in Street Department attend to, and issue 
METMNITS MLOV i eects bute weal Aina C koa s, Boos ee eee faeh ek ote oie ate aeons 979 
EXCISE COMMISSIONER— 
See Dramshops. 
authority, powers, etc., under new State law, supersedes ordi- 
nance provisions—See note to Chap. 31, Art. 4............ 1024 
EXECUTIONS FROM POLICE COURTS— 
See Police Courts. 

EXHIBITIONS OR SHOWS— 

for theatrical performance—See Theatrical Performance; Thea- 

LTee 

immoral.orsindecent wis) misdemeanor.’ 2, ae ee ee 870 
permitsirom: Mayorsberore, license...) \s... 7. eee eee ee ee ae 
ToUundapouL eoreiiyvine. horses same: . i433 2 his eee eee ee x 
licensesfor= roundanouteor fying horses... .v..86ece eee 1052 
evidence of moral character required, etc., when............... 887 
ramblings 70rcloUlery ac, misdemeanor..:.: 7 en oe ad ee 887 
Trevyocatlon ROLmliCensey 1Or 2). 2s win ethos 4 Bhan eels ee OR Lee 888 
carrying on, after license revoked, misdemeanor............... 888 
no dicense for,dramshop sat places?for, whens... 7. ceee eee 1028 
LIGONSE BLOT ITE CULTO aire ce eters 4g danchome dea hc et ake tal ee ees 1051 
Cefn Lion cece teccev oath ere AeA Sk se Kies cle Le wate ies ot ee 1051 
AMOUNEs OLETICON SOM EO Lette ss facies tek oie arti! «/e hohe bee eee ee ee 1052 

duration of term of license (Ord. 22576 in Appendix, p. 1162), 
ISO ich ee aie ca raceakes eis etal sais IMU e Sue aha ep cle te se: Ohare he eee c hate arene es 1052 
( 1052 
other license “provisions concerning eo... vw 6 wa el ake ee eee to 
: 10538 
application eior-icensen MOWi dade teenie... ciete sis es oot eee ee 1053 
duty of License Collector to inquire before licensing.......... 1053 
petition’ of. block residents swhens as ten eee bee ee 1054 


SEC. 
369 
921 
926 
926 
922 
926 

1211 
1224 
1239 
923 
924 
1238 
924 


926 
926 
926 
1128 
1211 


1239 
1240 
1241 
1563 
1793 
1794 
1798 
1913 
1945 


1949 


1516 
1593 
1606 
1593 
1606 
2274 
1594 
1595 
1596 
1597 
2159 
2270 
2271 
2274 


2275 
2276 
to 
2278 
2281 
2282 
2283 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


1213 


{ Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


EXITS—See Theatres. 
EXPLOSIVES—See various names of explosives. 


FACTORY— 

See Building. 

Bie CoC Pie eae Cs ee cis eee id a ul chur  ikbe wid dais ON ose aly ee a 

Beek ULE Cet ee CMU LOPE Ll RTL eons lan ala are cheater afwthia aera ela 5 le Giake 

for bone crushing or burning, when nuisance...............;. 

soap, bone, vitriol, or rendering factory, tannery, candle works, 

NO Us LOn iat a ree edule WASLO ITLO! DONS 6.0. ces ss a ce wives oo elels 

discharge of filthy water, etc., into street from, is nuisance..... 

soap, bone, vitriol, or rendering factory, tannery, candle works, , 
etc., not to be opened or operated without ordinance....... 1 

DC Witsoe We MARL LOSE Gee TL IB CLCUICALION « ae.c..c\0.d 00s. a5ars: ete. t ointeue ohels «im wrarere { 


FACTORY INSPECTION— 
factory inspector for, appointment, qualifications, tenure.:..... 
SrA CEST ET LO Mere Peet ais AG 2 fogsia chee oo. e's shoe al avatele atere Mare siacoie so dire 
inspector and employes to give full time to duties............. 
powers and duties of inspector and deputies................... 
TEMUGMINAU CM WHC TIC Dye (NC ELOIT. Wir as gece ore ok 63 wid bo eeetal ee wlaje tales 
ERP UCAL Gay OGM eG tie wie ard c Lik its es IUA Clad ek occ SL em eke 
Salaries of inspector, deputies and clerK.........0..0. 002 dees 
DONUSMOLE SATO ste. pe ein ee tte Gate hye AN se Poe te aE 
MACE Wer eC tate tases erent tee NO ak Ne a, al cages wile tage wh Kaci te oS nm elise Ha ended 
VEUCORO BTN SNGCLOLMINE CLL VEL Allert va otis dP irciee sad oars a ort sts ree 
FALSE ALARM— 
See Fire and Police Tel. Dept. 
FARMERS— 
wagons of, reserved at markets, for sale of produce, etc........ 
nou to be charged: fees (for selling produces... ooo bee 
Tae cele mOAGHOLADTOCICO.s NOW scans Osis at id Seiacedlec diet heae 
may sell produce, vegetables, fruit, how................20ceeee 
ordinance against driving cattle not applicable to.............. 
wagons to bring in produce exempt from vehicle license and 
MME DAUCOLc TALUIG GMa, net Lie Giese Ofels Micah ih Sone weg whe cone Dials Gave Ss 
same; exempt from vehicle weighing article, to what extent.... 
selling their own produce, cannot be brought within ordinances 
on hawkers and peddlers, and license requirement for farm- 
ers is void—See decisions in note to heading of Art. 14, 
Gib ges 28D ue erie BAP eo ne a a 
FARES— 
See Fees and Rates. 
FAST DRIVING— 
See Driving; Automobile. 
FEES AND RATES— 
See Salaries; Wharfage. 
PGES POCULOUMOUROUT LOGINS orice tected tee ates EPs SNCs bere Gaps ced wats 
S02 DO—DAIlIe De OrGew OLE COM DULLGIN SS wig cule yccetcidle vigiwhs so suaise a ene 
ODE. 2D PEASE LOM is ORE OL Tee) OCIS Gath a Cs feivhe Wk cele er © i ssa else due JYare 
EP CELLO Ly VES crete eae io tee dette: 2 a) he Sha pats ley) ade "Wise buss ee ard 
Die SLCNOSTANDCRELOLOOLONCI ia i Nek this ce cacyitce-o: ote Pate eels mela 
DOBL- TILDE GGT ctecetine fy srcpe eh re sete veccone blag Pi se cern cin tank wi chs orwial Sak, 2's fei, Oeics a's 
COMBI UGE ie ee ee eee eee rd ic oe chao eae ie Suen shale do whee 8 arsl ware ee 
BEBLOMEN TOLL Vit COLON bate tates Prete Ca alt aleve le cert le sie nic Se, 
POT erACLOTY. ci NSDOCCIOL ge ae seokt ciate ine aie be eee one hes iw che Bella ee ase le wis 


PT MINCHSUT US me TITOWOOU wc rt aieets = ainte ona ca ely Ghee vie Wala Asis eo s-0 1 


PAV INCHSUT INE COB LoOle GONG sir aito statis A cicke: TER giereck sahere & babe oievelnls 
mii Stil CTOAML INSPOGUION. VOLGe vacate os ahy efsie a, a oln to whels w) slersle la eaves 
PE ROOLTIONL LOXCUG ICOg se aie scele pists Seiciteels eA ain UN Sib algia 4 ote gh oa 8 
of arbitrators fixing price of conduits purchased by city........ 


560 
560 
561 
614 
616 
617 
617 
617 
623 
633 
656 
656 
673 
690 
783 


SEC. 
138 
571 
576 

2313 
604 


608 
617 


625 
626 
1543 
1544 


276 
276 
277 
278 
279 
280 
281 
282 
283 
284 


1424 
1429 
1451 
1468 
1574 


1838 
2566 


55 
56 
59 
238 
251 
254 
255 
257 
280 
326 
401 
402 
493 
566 
1104 


1214 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1 


FEES AND RATES—Continued. PAGE. 
appeal ‘and’ other; in’ Polices Courtst. fen o OPE Pt fre ahs SF oa: 821 
for summoning jury in Police Court, when Marshal disqualified 825 
what, assessed on. Conviction. <in# Police) Court. >. ek eee 825 
of juvors:-and, witnesses .in [Ponce Courts: 22.4. «sic ania ee 826 
witness; in Police -Court.; claim ior,“and (payment >,.5 5 ees. eee 826 
payment: of fees ‘collected Eby Marshal nce. os scot. see ree a eae 833 
of grand jand {petitions we ws ee acl seis ane ee eee 834 
claim for all jury and witness fees must be audited within year 1087 
to. Market-Master ((omdo “wel2nine icc. ic wis sate 2 sida ee a ee ee 857 
LOPS OSTLPAYS ec iie So eee eee oe ook ch Bare he athe eon eae eae eee ee 885 
for, Dozg-Pound' Keeper, redemption’ of -dogs). .02s% 2.4.55 eee ee 899 
LOT, TAKE-UP KOLA OSs ee fie Soctchets’shs ele oe ievc one nile ns bee insets he eee Pee 899 
derived ‘from-impounded “dogs, Show paid WF sere eee eee 900 
plumbers’ examinations—See Ord. 23007 in Appendix.......... 1150 
PIUMDINEG INSPECTOR SILT, © oye vehal eee re cle sual eels ears ie ee ee 929 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


for licenses—See, under License, the particular section provid- 
ing for license. 


chargeable *by “public eporters.’.... 0. oy ease ose eeu ai eee eee 932 
allowed by and for hackney carriages......... PETA Ten PO eae 940 
rates allowed sfor* one-horse vehicle. 2.200. Ueno, te os een se oe 940 
for. svehicles c¢byethe Vn our. sk oe Sa ole a cee ere es ce ee 940 
for vehicles, “when anay ‘be doiubledsii oe niacin ie ence ee eee te 940 
for ,Onini buses soo Stations: oo Ocarina ete ee eek eens ee ee 940 
OF HEUTNIGOT SS CAT eee kticts, + cite «nue aks OTe oi eter renee, ree ene hee 941 
when to be posted in public conveyances, regulations, etc. 
(amended Ord. 22899—see Appendix, pp. 1154-1155)........ 941 
violation of ordinance on, applying to vehicles, penalty........ 941 
attenipting ‘todetraud |: Cap-owners ClCe occas cht sc ewtcere euler clots ae 941 
943 
overcharge for Se "OF VERTICES MRCL Om crt. cua teteve abe Geena eel renee renee ee to 
944 
collection and payment by Recorder of Deeds.................. 1003 
Ofy RESIST 4 Sie Aa ae ete ee LG a tate satin “ohne lee oes Re ee oe 1005 
Of¢ SewerwyoOrk” inSpectiony sgh: cps cahals ala Meas te balvtein eta eNsua “ete peuene 1058 
for: licenses “tO; GCNZiINeSTSy i. = ahs obi cede ote heteteice ea eotte shateae te hte 1068 
for inspections of DONELB es we fa cle.-ieks epaival ele shaun ate ee eee ee 1070 
for: ‘inspection Of SeleVAtors 2c. lak scocis «bao Wha ie nts oe eee ee 1073 
tow be; Dald into "City ALECASUN Yana 23s tetele bcs «cia eerie ee ce) ete eee, 1092 
of Inspector of Weights and Measures to be paid into treasury 1114 
of swimming. baths or ‘schools,; on certain days<...2.454 0... ssw. 1099 
shutting /off waterstoemiakeorépairs: ce .%.. 6 setae ote eaten ie aes 1111 
fel Le 
4 , 1115 
of inspections of weights, measures, scales, €tCl. | 2.5%: tis canis oe } 1116 
| 1116 
for“ weighers” ‘certificates+from =~ Collectotiss sanedae a wewie ste aie ale 1120 
of: weirhers> for weighing eo cs Gee ae seek Sees Lees cia 1124 
of ‘city-cwelzhers.on portable (SCaleés wisn oo. cite ae acetates to ost caeteunhare neds ce 1128 


OfeJUM Der CINSPECIOLS Moris cs ee week a, dle ake Cita SRE ie et aneeee ee eee eee 1130 


FEMALE HOSPITAL— 


two fire, departments Men ale sis cs othe eee ote pee es eae vee eee iene ee 
requisitions, etc.—See Health Commissioner. 

students, + When o ROMITECH . sisi da ois, lech a aie chee ce sete eres yetetecese WHE aie { i 
OPETAatlOnS. AT hc ciate ete od ta ade eae Paste: nildeda: cual a-diue’s hecateies Gaeta AY che ree ean ane eee 722 
clinical slectures; “wher lor biddeniae. a ons sos» ot tee erent. Mian erate 722 
nurses—See St. Louis Training School for Nurses. 

salary © OLMMUTSES) LETC He cunle-aiacs ahovatctevene laid v3, taro. dca Suauete ie ue ener RE 722 
same; additional nurses—see Appendix, Ord. 22935............ 1144 


convalescent patients «may lADOP Al ad foie cs aed aide Puch eke aye ade al 723 


SEC. 
1273 
1288 
1292 
1297 
1298 
1331 
1335 
2412 
1439 
1581 
1645 
1645 
1649 


LIST 


1807 
1823 
1824 
1825 
1826 
1828 
1829 


1830 
(1831 
cu Sao 

1832 

1839 

to. 

1843 

2053 

2062 

2303 

2332 

2336 

2359 

2439 

2531 

2466 

2520 

2538 

2537 

2539 

2540 

2558 

2568 

2589 

2598 


285 
288 


710 
713 
TLL 
712 
715 


716 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1215 


Index to Scheme, pp. 279-285. 


Index to Charter and Notes, pp. 463-542. 
{ Index to State Laws for St. Lowis, pp. 225-256, 


FEMALE HOSPITAL—Continued— PAGE. SEC. 
aU PITA UGUCLET US it Sc, co piete purse oT AG ae ale RCRD eae eae oe lee ahaa aru owhe. ates 723 aM: 
é : 123 717 
superintendent of, appointed :by Mayor....3 2.0.53 ccc ew wane eae } 868 1509 
Pi Chee GLGe RIDE DLA CE MLO Tiare ea Wii Or, eee es Steere MA nie ee a Wh wens %s 723 718 
BALATYs OL cHUDerHILeHnUGIIG POle cur fre aeraloacas ak aele bled adhe as 125 719 
power of Superintendent of, over patients................0000% 724 722 
DOWER Grew O VOlweeiItty LO VOM tated k ark aie ate tote baci click a tate vale Mah gone 'S oe« 724 723 
time of Superintendent given to, family board allowed........ 724 724 
BSSIBUH LL CHEOM PSITUORSIELETIUOTIU Tra, hi, Yoo te eine weve es ok lets 724 728 
formerly “Social Evil Hospital and House of Industry”........ 125 73 
SLATE TEN eee eral mite crete vette © GA ate ae oe deter cl tis! Boece «taal ae esarthe vase weelere a 126 734 
Sea EMESE Od Vet Parte LOI ALO 2 etait tsi ited sv ere tenia <lolte Shands will ca of tie. Ss eked ea 125 735 
ery Let) Cae Lee TATTOO te esp cyte ale orn sal Peat etched) eo «leis sCebk wre 726 736 
DALIGNt CON Valescent; May sTOMainvhOWMlLONE.'.steaeiciee ss cs eats 726 Th 
Assistant Superitnendent, appointment, tenure................. 726 738 
qgualincation of -Assistant) Superintendent. 3.5 00... eece eee ees 726 7139 
MiLLionm Or A palotall if SUNOS rLD COUGOIILG « o icclsitic vag watts o plad «she ers 726 740 
Beat VOL? (A BSIeraD Gee UDET LUO OIL Griese sc) cetace ie neoe ohare te 4.0) pl Alina pan aos 726 741 
SUuspelelon OL Assistant’ superintendent. 5 2.2 oe Pele alle ete ts ee ees 726 742 
PW DerVIsh Ole reer rele WEL CLOT! O2LL is icrele oinisise/e Wied cdg ace’ aca iepti eles’ 726 743 
SEL SOT OLIN tere (hI CIGG anes wet tce ls oe Scie’ sie aidtaitkettte oe aha aodie we ene 726 744 
PULDGLY OLMIS LIL EOS Bata LltlCA ELON eens ae Gis wee kit aietalectiven «ies steve se 122i 745 
insane persons at—See Insane Persons. 
salaries of officers and employes at, not otherwise stated...... { ee te 
to whom board and washing allowed......... ae SURE Ne geen tiie tie ree T51 73 
cor DOrary selon oloy ment Ofemecnanics. etCaen..= one a. strates ae bs T51 874 
TAD IRB IAT On POIeLeID OLUTULY MUCl ir iltn f.0o S aieie eae hese op od owe eRe 751 875 
FENCES— 
Pee RULE Catia es 1 OFT een ciety eet reese tne a Oaths Sac pete S's a dos avant e Caw # 8% we 609 215 
DALDOU IEW COs DEOLILO LUCK mW INOTE cries et Saree ee Navete tes dis a odelole tus a 0 eltle se 805 1208 
DALEDOL STDC DOMALS Y 2 oa ee errata Sealer. ear ecac te ai a.0 eleva’ «oe able jelels 805 1209 
about excavations, etc. See Haxcavations. 
FENDERS— 
on street-cars—See Street Railway Cars. 
FERRIES— 
Cet CA Pe ELOULE eC el Sear, te oh ett Pal iecee «ea Wee's ou oly of8 0 Roccalelas 658 413 
petition for, to be presented to Municipal Assembly.......... 658 414 
Assembly to direct license to issue and cost thereof............ 658 415 
Term Onricensaranct: CONUILIONS: OF DONG sors... eke Sse Ss ope ewes ee 658 416 
TE We WA lOUes LCOTISOMLOT Soa tt Tlie ir els Wee eee ano vaeess 659 417 
Mile e Win VOM AvyISSie LNCCTISGs LOY ris der crejatal eke oibie'eo bss wile eye 8 659 418 
PULL ese Wet) te ICT Pee yatta cP he ers) svt v oo Sen a acetate ie: eeotee eke oj isi iw ering Bia els 659 419 
witent license for may be revoked { Te ee 
Ae Petts Un ei cesduin sees eke ale ® 660 495 
KGGDETS Ole sults OU ONG fOGsGAMaALCS . eile ee vic hoa ie econ so es 659 421 
TANLCID Sie cise Wee ere TALC i arten Wiel cots ee hyp cp aelat y Gin clstc ce dive 8.80% 8 e's..8 659 422 
TOMMIDOTAL Yas lan lnes, WUC PUCRION ACU aa: oi. wh cles tie eieleis oe Sera 60 659 423 
RU LOG es LOT OE) ie rm cae Sateen hee cre Pals ae dele oto Wak agrame'e doe 659 424 
BACH. Oli clr We lal weet er eee Mis er ao clet dcxlat mies ape ain 0:5 eat e ie 660 425 
FACOG LO DOBLE CMLL ner a uke elie days Hid auto ce Uh Te ae 0 660 426 
660 ° 427 
Wiggins Ferry Co. terms) rights, OlC rns ee sais 8 Sk Ce ales oe sieis ol 661 429 
661 430 
f 660 428 
Macison: |COunty tereve COLMLeruIg | GLGt) soos ae kk ctery occ e's wide Sere 661 429 
| 661 430 
right of amendment or repeal of ferry privileges.............. 661 430 
Bit eeit.* CODE TeMOVedy DrOCCOULUIEN. cry vial oon ta eh s waa e eee 661 43 


Illinois and St. L. R. R. & Coal Co., condition of license for ferry 661 432 


1216 INDEX TO: REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


FERRIES—Continued. PAGE. SEC. 
St. Clair Ferry Co., condition of license for ferry, etc......... hi aa 
collections: for*® duese froniveoor. cook cee so eee ee eee 661 435 
Waterloo-Carondelet Turnpike and Ferry Co., license.......... 662 436 

FEVER— 
See Contagious, etc., Diseases. 

FIGHTING— 

MISTEMCEATOT 4 Ma ee Oe kee th athe are be Biel ta Rc) Re ee 877 1537 


FINANCIAL AGENT— 
See Brokers. 


FINES— 
See Misdemeanors; Imprisonment; Workhouse. 
imprisonment for failure to pay—See decisions in note to Sec. 


L263 CoS ae oe Soe Rie Siete shel or died SAREE cee dae pen RL San aetet et cnet ages 816 
where. no specific *pinnishment prescribed. 0.2. ve. ow ee ase see 900 1650 
amount. of, where none declared ispecifically S22. 7-00.40. we ee 901 1652 
maximum, where not. prescribeds sicadh seeks nee eats etcle ace 901 1653 
to’ bez paid ¥intoycityvetreasury 2) Ps Aerie crete ordinal 1092 2439 
WHat *tOReOS Oy Harbor-sh Und 29y.t2 y pate oct cee eee ee cree eet 642 372 
imprisonmMents for, In WoOrknouse se elie Oe ee eae 829 1308 
830 1315 
report.or.2 collected. by yMarshal Cl jens ce or see eee ie es { 833 1331 
NOLS tLOAbe: aliected *by «repeal sOf Ordinance .c.. aa) wack tee ae { a ae 
one-half of to informer, selling game out of season............ 864 1482 
M : 865 1493 
AVOPIRIMAYV A TOME che coc cist vets wo Unie le ts tatets ols aun walle Chante Rhcisi in ister s Teena D { 866 1497 
for misdemeanors connected with Public Library property, go to 
TAL P ALY a PRUTIUC yh cose bate hoc Ural hia Rae Stacey ae ee wale Hee Rene 886 1585 
for cruelty to animals, one-half to Humane Society............ 890 1608 
FIRE—See Fire Department. 
Building Commissionersto ‘ascertain Cause.:.......222s4. bees se 556 39 
Buildings Conrr ttoseascertaine danger .from 7.4.4 +. eee hale 556 39 
reconstructions or, bulldings damaged cby22 2. 34 ee ee ee eee 557 45 
rubbish on sidewalks from buildings destroyed by.............. 768 929 
measures for prevention of, see Buildings; Theatre. 
prohibitéedgon : aspualtum VStrects. . 04% fs co oer eee ie ea 611 223 
612 224 
ONEACTECES MTOM DILOG cnc eats wht 4 oft oe 6 el oceses suse 6 atts Beer ee ee 699 597 
811 1242 
hay, ‘andstraweto be, 2uarded :against.....% - 2. cam oa eee { ae ao 
combustible substances, benzine, petroleum, naptha, etc., guarded; 613 232 
ASALISE fer hee vest cise he/she sie cshe, eile ba vote taal epee samen ee eee Tabla 234 
powers of Fire Department at, see Fire Department. 
passing over hose’ at—See Fire Department. 
alarms of—See Fire and Police Telegraph Dept. 
on: boats tin’ harbor penalty toriioosine> boat. .4. vee. eee ee 646 365 
in market-stands without permission, prohibited................ 860 1458 
city-not.to. besiiable tor-damages\ ior, ele. oy i. tl ae eee eee 961 1884 
FIRE-ALARM— 
See Fire and Police Telegraph Department. 
FIREARMS— 
not: to bexdischargede withoutepermit: 28; v.. 000% « eho een ne 612 228 
not to be carried without permit—See Concealed Weapons. 
not to be discharged when loaded, in theatres.................. 882 1566 
discharged in theatres, person in charge responsible............ 882 1567 


not: to. bé: sold .minors: under sixteeny, {6 sakes So eee 883 1568 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1217 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


FIRE AND POLICE TELEGRAPH DEPARTMENT— PAGE. SEC. 
puealree co. We. CONNECteU NIWELibe st nto r eins tLe re cae raed. Waa 600 195 
DLE RIL TS) LODO BATT aren cae tere bey Ah ta adie 63 306 
FER CS) aa ESD MABE 9 Seditelis Reagan ALE ok eS AN, MI a Raney a Re a 630 306 
BrDerInLenvent, CONITOLMD VO ss. 20 ee beer ep ee eee 630 307 
DOKUMOG SUDOTINCON Tents we co. colt. Ce tee, ee yyy Yaa A 630 308 
appointment of assistants and employes in.................000. 63 309 
WALI TOLE CIUDIOVOR ania ss otras we hee ok a Rie oe Stee oe the we 30 310 
superintendents -control to. direct. -‘men) ete... 0. ei oak ee eee 63 311 
control and power of superintendent in general................ 630 312 
PECOrdS hye Dvr eT OCOrd COL Te BISTMISd ss Mote ce no bel caw bee uae 631 313 
Die rueeto DEVE LVOI DY AWO OMI atl sci e cite fondle clete a abies 631 316 
tampering with apparatus or making false key, misdemeanor... 631 316 

, y 5 631 316 
PoIbeat ina itirey MIU OMeANOMy se oe Lie Silke etchant cle tere wa { 879 1545 
BALLOSUOMAGAT OM AIRE TY! he eS tes gs yc ae ede EN OL aah ae Rok gay 631 317 
Berea Om mece ON) MAD ocr oats a ehd ees hea see a ahve hecee AIGE gia'ah Bias antics 2 632 318 
Hartera *OuUse gato SUpelintendene OL ets oie vile. ce beac late od 632 319 
wires of, may be placed free of charge in private conduits, etc... 781 1100 
interference with wires of, misdemeanor...............ceescces 811 1236 
MIDE ICONNeiE AGks ADDOINLOOR DY VAY OF va calc cities Radley os. lee eurulaks 868 1509 


FIRE-CRACKERS— 
SVC TETRUPLT MAT OL Srod BAS INRA all a, er ae eae IA Shar ger Rt 612 230 


FIRE DEPARTMENT— 
duties of chief to inspect buildings transferred to Building Com- 


SEER EST CRONE CES giants Eye ei mae A eT Cae Be BENS We nar RAS ooo OAs AU eet coe 553 27 
right of chief of, to enter theatre buildings to inspect same...... 600 195 
TUDE RGOMICULEH wiht = LH EAULCS tae eta Mish sare wo slcc keto vce aient ue 601 196 
SO GELEOU ET Ol SuWUAbCOLNCOTS ANG MINOT oot .6 vis Svohereie ole, oat: ecbtel ghatetd,« 624 285 
TTT Cumest ett MOLEC i ome erat Rie em UR ee iat MOT oie toe tts | 624 285 
IA LUCAerOl OL CNH ANUMOLECOLS FIN the bso cn ng, alate: oi dlaane\n'9t ohn 625 285 
amendments to secs. 285 and 287, ord. 22809, appendix.......... 1139 
SHEL Or sdUaliucaciOns, sDONG, COMPCHSALlOM ..c a. 6 a oe ds aie a's ccele es 625 286 
assistants and employes in, qualifications and salaries.......... 625 287 
PROCES a INSULIELOLLb. s GU LICSLOL SIIOTI vig seat bel oc 'e ef <i Sek bs ba a: oe wer ars 626 288 

626 289 

Sito PeOr DO WEla wail UTILIOS 25 wud Aa at ules, oa aiggole. dees U's dlgselaheoie sliet> 627 290 
628 296 

DeLee EME TSE LINCO AIO Yca UCL WOT ee ete ele ei steve > nie ay Fc es ies ehedy (pate dow ohei'g 868 1509 
Per A SC UIOTE MUGEN LES IV ee coca serena whe Sek Seaiviege ale © aeck letnleseus- ays 627 290 
PaO COOLS OCUNOL | Ot rite gots e alate, © ore oe se camin el ww aterbd Sp oS care 627 291 
LCC SLOT eal Pete Tile ey oeat chante ctche a dihvicdit shin, Aisi aii cath we arse bs wie das 627 292 
CULE eee CMe ON CT eV) Bc er rh, ty Fane oo oe alg polls el oh hicsin te dete oioeSel uel «..0.)p1 cla (a, 627 293 
MPTtsed Tete elevate tat OTL OTe O bate ie) raat ose) eye sais al Saiee "eee WR eh Mia inden y 627 294 
bRahiob a sats Ole Weare PRES Poche Oko. CRS Se eI Oa a aan oy ge Bae oe area 627 295 
HoNceROO Mer eso Cie Le BEM Assi SCAN US 7 eis not cess a/tgh ds nye ayaisitid wale eke 628 296 
TAL IClesanOLetor Pill OVECe NOSE Ol pra LLLOS2, ons en hclern ie gna ly p euk es 628 297 
fab 628 298 

— MTLIMY Of... . see eee cece cece eee cece eee e cece eee eens { 628 299 
eT i-TATOtaLO Ue eek hea eo Brie 8 en eaeik tess ebb Rok PhS eee wick ovine hy ale. « 628 5300 
Tight. Of away, PAramOUNGLOSSLICGls CAPS 05 i i's eee. diac 0 ae 6 os) Bie! sa) 961 1885 
PAST VAL. Vo COP LLY Os bade ae Ge acG IE ert You only Fine ta lad whe ly shades «hho, « 628 301 
street cars to slacken, passing engine house................... 950 1864 
IARI OT SU ATIR EES CAULS OUI) Wok err he oe. ble Marg ain wet Cc acahete ls o.5' 629 302 
payments of salary during SICKNESS... 0... cee cece cece s ences 629 303 
act for pensioning crippled or disabled men of................. 629 304 
wated plugs, unlawfully opening or injuring................6%. 1101 2475 
water-plugs injured by sprinkling contractor................... 770 1072 


water-plugs or fire plugs of, street commissioner may withdraw 
oe OTTO LCOULEAGCGCOL £ Hae Fy Xt PRE a. WN bie d'aC ciate) o dye nel Ciatarele UBeTe Rs 


1218 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463-542. 


| Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


FIRE DEPARTMENT—Continued. 


water-plugs, under charge of Water Commissioner.............. 


vehicles of, how marked..... 


Ce | 


a @-@ @ © © Se ee 8 0 6 © 6 6 8.6 6 0 86 2 6ke 6 4s ee Oe 8 


& (6) » Gy @ othe 0. 8.0! 'e 0 0 07 Ue 6 6 0 (o' F)6)S Bie sb ee 8 64 


FIRE-DOORS AND SHUTTERS—See Buildings. 


wHoen “TeQGuITed Vise se. eae ee 
inside .ot- puilaing eins eee 
to be closed at night, etc..... 


FIRE-ESCAPES—See Buildings. 
in buildings of certain kinds. 


> © 6 © BS @ © 6 0 © 0 0} 8 16he @ 60 6 0 +P 8 60 8816 © 6 


» @ jee © © @\\e ‘a/6 0. © 80 0 6 © 6 Ge 0 = 6160 6 = ele 66 6m 


St © # © 6 6 0. © 0 6 6 © 1s 6 6: Se @0 6 © 0 6 6 3''4 2 8p @ 6 © 


eeceoeeereeerr ee eeer er eee eee er eee eer ee eee 


in .connection. with .stand-pipes.: 2. 2. eee alae eee ee 


to be kept unobstructed..... 


duty to provide fire-escapes, rope ladders, etc., in certain build- 


INZS * Lee Stee ee Ree 


e 8 € @ © je @8 6 ‘one Je «a jn ‘eis jae) 6 6-0, S 60 6 6 e © 6 8) (0 


eevee eeeeee eevee er eee eee eevee se eevee 


posting notice of compliance with ordinance for................ 


in theatres—See Theatre. 


FIRE LIMITS— 
poundaries “Of ia, eee ek 


eercwvreeerereeeeeeereee eee ee ee ee ee eee ee 


what buildings allowed in, and what ‘not.................-..ee- 


frame buildings within...... 


eoceteeveeeereere eee eee eee eee eee eee eee 


hay Soristra wa within now: Suarded mien airs «ka tile obictestels veer 


petroleum, cotton, hemp, naptha, benzine, etc., in............... 


FIREMEN— 


in Four Courts and Court House—salary, etc................4-- 
composing fire department—See Fire Department.............. 
qualifications of—See Fire Department. 

actiatiectine -crippledsor misabled tim. : ons s<e oe hs olen eee 


FIRE PLACES—See Buildings. 


FIRE-PLUG OR WATER-PLUG— 
See Fire Department. 


FIRE PREVENTION BUREAU— 
may request inspector........ 
inspector on Board of Appeals 


FIRE-STOPS— 
in buildings—See Butldings. 


FIRE-WALLS— 
See Buildings; Theatre. 


FIRE-WOOD— 


© 4) *e @) © @ he © be [eee 0 S18 2 166) 6 85e 610 (7 4 6 Mie @ 


Ce | 


how “Drovehratoscity tov venicles iii 6c). sus. oe Cerne ee eee 


when to be measured........ 


moasurement’ OL sGutywOL MOASUTED .'.\. isis isicn.c ole oo: 4 sualohsen eeene nwo 
person desiring measurement to give name.................... 
load: certified: ?notsto000e Giminished ¢ ceca. nr chelsea ee 


certificate to purchaser....... 


fees of weigher of........... 
fees. for. MeasuTIne- 4.2... = sl 
cord of, how computed....... 
blanks for certificates........ 


erevreerer eee eee ee oem wee eee eee eee eee @ 


oeceoererererere reese reer ere eee eee eee eee eee 


© 0] 0 6. © Bb. 0.8 © @ ‘0:0. 5 0. 6.'0 a eel es) 6 6 levels, 615.6 6 ape 


eseeeerereeer ee eee eee ee wee weer wee ee eee 


Oo 8 8 6 00's © 6 64 8 0 > &@ © 8 0 0 0 0 6 6's 26 6 le eye Oe 


yard-keepers.and “vendors, duties of. = 1. 01. 0. 2) ete a eee ee 


fraud in selling, misdemeanor 


oS, Be. e068 Ss G SO) wp ie fe\e) G) O16) b) OL a ee) oe, 6) Sene 


632 
632 
633 
633 
633 
633 
633 
656 
633 
633 
633 
633 


SEC. 
1958 
abe 
2013 
2347 
2379 
2473 


141-142 
143 
144 


138 
139 
140 


189 
190 


66 
67 
67 
68 
226 
232 
232 


17 
285 


304 


37 
58 


320 
321 
322 
323 
324 
325 
326 
401 
327 
328 
329 
329 


INvVEX TO REVISED CODE OR GENERAL ORDINANCES. 


1219 


Index to Charter and Notes, pp. 468-542. 


{ midex to Scheme, pp. 275-286. 


Index to State Laws for St. Louis, pp. 225-256. 


FIRE-WOOD—Continued. PAGE. 


erie OL ATRL CELI CI? Uap seta ko: 9. & aie cha che Wie pk whe aid bala: puosh ala e's 633 
wharfage on—See Wharfage. 
receiving, measuring, collecting wharfage—See Wharfage. 


HISLTIC LH LOR VeCel Ine eNOASUring. MELO. oS eardsen dare cig Se ee wh ae 654 
apeeith titra bha@ Uru a., tigdie alergs Aes. iri nei tires Ti ch sere ieee eee 655 
selling, after removing from measured cords, misdemeanor...... 655 
TOMAMMS OF WHAT WUAILAZe: TALC. oo eee ce ete ce ee hele wes 655 
TIM OOITTT enti VOTIVE CE tng to oes Sais ele De alata es ol OR w ie Gale Ha 655 
CS PLL SIC ELIT ALEC tend corns ac ia caie ok Wee ine eels, eee Cia pe ea aie 656 
MUS Dero py ecora unless for private US8e./) 1.0006 orto weaned s 1 eee 
duty of commissioner or. deputy to be at wharf.......0..0565%.. 656 
duty of com’r or deputy to measure on request...............0%.% 656 
NO Losuo, ro wEon sldewalk orstreet:.cc7 fin CPs a UDR 808 
ACO GE LOI Va IC ESOL ahs 8eabarate se akdlo Wie lo eis Wis Ne eda ae edn Hees 853 
FIRE-WORKS— 
AES ( 612 
ACEP ea 0011 Cel eee OU Ge eee eS org Nil Susp tgecere <n hie Bice w pibiue | 612 
FISH— 
TISVECCLON Ob ee patteike b, sotas ae ed NPR ote tat Fe aE Tics CCR ELIE DR 686 
PERL ek bees ener ars PME Oh trey ie orc ph ee oo oteta wal Laan ote ol ye. plac ane Clee 686 
BOUL Cmt eet tea TIA LA Vane dr cee tied rey sie a vag ed Oe 6 ust cme abe oan 687 
seizure of unsound or impure by market-masters................ 856 
Min WCE sOUL Nt tLe reimiGal- SOPs 1iCOMBE. se siete sfeierd ood sie dete asa c k's aecd 862 
Mee Oe DONC Sin epalia: UV ale OLIUMISSION Ir. y niclh os oeliana/cie « «s 8 we 985 
MISE SereLe mre DAL Kore fie, ie tice diate of ate aterede ewes eee ens Gas a ee 996 
FLAG— 
PAPA NE TS TaN a eR ern a aa NES a es OY, Ale eC) Pe a PC ee 548 
FLOORS—See Buildings. 
FLOUR— 
throwing prohibited, (see appendix, ord. 22564, or note to sec. 
iS eyed RRO ARS Aaah Eicher uid ets Eee oc a ne On 1150 
FLUES— 
regulations concerning—See Buildings. 
AGI etre al Leo OUL Wr Ghee a lel c oc. oF oe abe. o ela os lulnseye soho less ce ale’ 612 
Noto per used as. ventilators fOr SeWering, CLC... occ a lee ws 1063 
FLYING HORSES— 
See Exhibition or Show. 
FOOD— 
See Markets; Animals; Dead Animals; Meat; Vegetables; Game; 
Prutt: etc. 
FOOTINGS— 
See Buildings. 
PET UE AUC al ee Ce tate PE I A ae tec toes aly a ely wields sa a's eo ares 569 
FOREST PARK— 
See Parks. 
FORESTER— 
See City Forester. 
FORFEITURE— 
See Fines, etc.; Mayor. 
FORTUNE TELLERS— 
PCATISe eT ROUILOUE LOR ee cies co eee eee a ect ae ye eae Ok whet 1029 
Tea Te TATU a6 Lemay neck aby Wana deg Ao, Ve SPN eo 0 Ce ae ae ee 1029 
MTVENITIC? OL LIGBTAGe ste sobs ae ate ahah alk PAS A ee Geto vd wte ein ae Ge a's 1029 


penalty doing business without license..................--.eeee 1030 


231 
2314 


80 


2169 
2170 
2171 
2172 


1220 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. . 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


FOUNDATION— : PAGE. 
See Buildings. 
of; buildings: what required Sor gerd ie hat eae lth here ake ence 569 
FOUNDLINGS— 
what institutions authorized to make contracts with Mayor to 
TOCECIVE oS 6 TESy ak oo aie he ist a eae Sieh a: SLRIe een are a han Ree eee 915 
names of institutions, rate of compensation for care of.......... 915 
appliesonly. to. children?’ not>over three, years. 70.0... 6.5. «eae 915 
contracts: for may “bevabrokated . 4.4). sek ore ee eer ee ene 915 
what city officials have full supervision of such................ 916 
pay for, when ceases; appropriation required................e0. 916 
orphan asylums payohalirates ftoriwaters scl. oe vos eee ee ces 1106 
establishments for or orphan asylums, etc., regulations, see new 
OF) 22998 a VA PDCNGUXe sc foe ells okey tral hs Gee ome Cee ete ae 1142 


FOUNDRIES—See Factories; Buildings. 


FOUNTAINS— 
provisions for drinking—See Drinking Fountains. 
ON sPpremises=-—WaAler-Tates we ce Clee a see ce taiene We aoeea dace academe cence eat 1103 
attachments with water-works pipes, B. P. I. to approve pat- 
TOL IV FOL ak caste eee Ck SAE Ee ae OIG MLR aca >, Lue en ana, crear enone vee 1108 


FRAME BUILDINGS— 
See Buildings; Fire Limits. 


FRUIT— 
TNSDECT] ONO lode, obese ee ecieestic wpa eeu a Greater ser Ohare lanewe wae eeta sa ter het Coane eeR ean 686 
LAINTE COP PSDOTIOM om cuctscececs g eeatene end Gace ae nae aie ice a mea ae ie mere ae 686 
SLING TSPOUSG ase ek ale alas eel ae else hao rere eee ie Stk see Ener eer 687 
stands for selling, occupying sidewalk or highway, regulations... 807 
throwing, “on ‘sidewalk, ete. «misdemeanor. ox 217k eee eet eee ees 807 
sellers of, to keep certain ordinance sections posted up.......... 808 
sale of at markets, need not be by weight, or stamped, etc...... 857 
sale of.at'= markets, outside of market-houses 0725 os een alent ole 859 
sale<of.mder ymeat-shop-licensez. 7... sak ew eiadestaieie sae tree erent e 862 
rezitlations as to sale, of perishable: si... occs eee einte alt aera ie teeta es 864 
auctioneers: tovhnave licenses! 2.06 Poses fc elas eee Geen eh 
vendors, hucksters, peddlers, etc., not to sell on Sunday.......... 1042 
purchase of by\ supply. Commissionerico: anc eee ec eat 1078 
FUND COMMISSIONERS— 
See Treasury Department. 
FURNACES—See Buildings. 
Ba Way eps hOCe hh ote Re open Me Me Ue A Mi rea EE aL LE oy lp elidel 586 
FURNITURE CARS— _ 
See Vehicles. 
(Ss 
GALLON— 
eCpabatsts Uk ap alk OR ON tay Con Se hs CaM cen! tae. (ay Gah WEY 1105 
GAMBLING— 
setting sip idevice LOr sor Dermlileing ee eh eee ee eae ances 874 
decisions as to power of city concerning, and as to what are de- 
vices, ete; seecnote fOrsee 71526 6 0s sie te dla aes iS 874 
betting on gambling devices, or loaning for, misdemeanor....... 874. 
device, penalty for permitting premises to be used for.......... 874 
COMMON: LAMINSAHOUSEMDIONIDILEG ters cp untc «esters als, cla eeeeeinie ee rene 875 
letting premises. ToredeyviGe sor et 25 5 actk as ete hin «bean i ee 875 
keeper of, device, defined.:.........:0...veev0es ali faa Ok 9s tedetic onan ons 875 
playing at, games for, cards, dice, bets, etc., misdemeanor...... 875 


1728 
1728 
1729 
1729 
1730 
1731 
2496 


2487 
2508 


541 
542 
543 
1217 
1218 
1219 
1440 
1450 
1473 


1483 
to 

1486 
2129 
2287 
2225 
2376 


150 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1221 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


GAMBLING—Continued. PAGE. SEC. 
decisions on gaming, gambling, gaming houses, etc., see note to 
GE eee T Le eae dIN Te Als Wiateric-< atelier a lcte lars gle ah gi aide aot dine Whol 2 Bees 875 
at show or exhibition, misdemeanor........... LS alt sree Rieti wis 887 1595 
WiC TOO aTOm VRE TANLET 2% GA's ie ileid ds co dy ee re RRR E Re ree 896 1632 
ROOM TEI et ene at eke cod, oe: hats fd SIRS Fladele adie e Shee OLE AT Pe ore 897 1633 
GAME— 
s 686 535 
Ta ei eee eye Ny e's lesa ole oo’ le malate irae Storel al pty daleaane ‘ 686 536 
RATE Catt TN ere gee teR OTe ee UR ee lh ee ai tia vy Ge Mek s 686 541 
IEE) Lat tees tty Pein Pin clave rice Sir Fook) ign sind ahs, oalOw. a talle cet wine eobeta G 686 541 
THLedL UW OlesOmIG. OLG,, ‘CONGEMINEC . ice Saha cea aes t «Bee e oe 686 541 
Re LIE OL RCAIN LOO, OUGG «ope oie hoe sein clase le Niaie Whe Bae eee els 687 543 
SterO PC Tet ee OLE TAT ROCEBLEILOS , Js, actu. sche et lveh bes pus bie sales betane 3 859 1450 
ING VaCRSOlOeulOoeG Mears OOD: LICENSE. weiccs cious wie civip’ deere Sw als dca 862 1473 
PE LES aN ACE Le CL MDE IO LCT rte ce te oisct SPL Cs shy line Ee ace se ee ha tietateln tudes eats s 863 1481 
sale of, now governed by state statutes, see note to sec. 1481..... 864 
ea TT eR Ue pmeeCs CAAPEE LER OV LITE PY SSEL ATES, S7ase hc? Ste 1d ALG cerns Vase ae lv bs dtm wrwiiong toy » 864 1482 
ICM GILL EVER EO ARIEL OL ING]: £o)10) 4) sio is fe chs vie ol Menges bate et widuent Gale 864 1482 


playing at gambling, misdemeanor—See Gambling. 


GARAGE— 
See Automobiles. 


GARBAGE— 

Gecavinsaom DremMises; awn NiUiSANCe . ins ok. ek ee ee es crete las 698 590 
OUeVaLO Area OF Premises mWOEUETUISANCO wy hei ya ee alent ee 4 701 607 
PUTT Cre elie Cham Aare erie. ihecg ik to coe ots ha ue Rin rele 698 594 
RSCLe OPM VO EL LW TIAT LANG teen Sel fal hetdire: tgs bos, hc. sis. 5, ebb oe aleawes WARTS 701 606 
702 614 
carrying through streets, how wagon constructed.............. Lee 688 
808 1225 
: : , 704 625 
works, not to be opened without special ordinance............ { 705 626 
Apisedein Milisatice article denned. v5 eo. ca ola cee ee cede eaten A708 629 
and offal, defined as Reeietuer al ite Coan Gh. Gira hin ns. c ss, tots Bae { ine ae 
and Olawhiere nol tose, tOTOWn OF placed 2... bec i. cs ein sede oles 117 686 
aniueotlarerecentacies (0006). Provided TOP ie. ih. dole wba ea ek TLT 687 
Meense mor Temioval Ted uired.) CErMs CLG. ous 6b. ae be we we leet os 717 689 
ee aa EE COTIECEVIA Sens Serll scaiclss shes uhis ia, « csle tel ayehe ch sivueve Run Sovilll \o'ce 718 690 
metallic license plates on garbage wagons ...............800. 718 691 
Creve DOHC aNG Phat DAZ eS DOCU mice te iiss coeieca ye ov sein ocd aera Warts ats 692 
ISOC SICOTIOMNLOL Pate Us Like a tiers awn ok. ka Db bis Seal ede 719 693 
Board of Public Improvements to contract for disposal of.... 803 1196 
LO PIR INOLCOO UU VEMIMICSY OULY OLCCLUY We at cntcin Vb a6 oe ee cee agin whee 803 1196 
CONLFaAC ATOM LS HOSA a tOc TUN TL LGCIL. VEATSc Wate oe ae pisterece aisles gait 803 1197 
LEFT ile CIBDOSaE CONUTAGUTO CHICO a) ae sided ohne. eae die Selene Hel eqed 803 1198 
COMLEAG alleles Or hOald veils Tip AGONUTOIS 26. Vee dievkt's ws bis bela 803 1199 
removal of, to be under direction Street Department.......... 803 1199 
BAe) pore custo DLO srlim re riCO ULACil. oaaye.s e909 ee wide aliases es 804 1200 
804 1201 
What CODLIACE SualleCOVver, BNG  DLOVIdS LOM ng ss save Danes erce eae 804 1202 
804 1203 
COUNLEACLOT Sat OL mr ee nh oe gie bak wears aoe bis w 8'k tas Sebago wlaroe e 804 1203 
BYP IS estanlish ssiitaplesrecel vine Stations ¢ ow. Gee es caw cde 804 1202 
B. P. I. make emergency contract for disposing, when.......... 804 1204 

division of Street Department, employes in, tenure, appointment, 
DUCIGS 8 LLGn et ete ata Ran iss te vie ib Wage oh Sk Yale epee a bre tot 804 1205 
bonds and salaries of employes in garbage division............ 805 1206 
additional employes, tenure, salaries of division for............ 805 1207 


scavengers to remove filth from market-houses.............. 856 1438 


1222 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


GARBAGE—Continued. PAGE. SEC. 
lessees to remove offal, etc., on closing market Stalls........ 858 1447 
no offalsor ‘filth thrown about markel-piaces., 3.\. -. ees eee eee 859 1454 
removing or depositing without permission of owner of prem- 
EX: Sa ee Le Ry SP MCE eM Seine Moda." Mite eer Sp UR! 8g ARF 889 1603 
GAS— 
réecilations CONCeErniINnS: DUTTINE OL: o) nrcka oe che ie oe. eee ee 590 161 
: : 590 162 
fixtures; Tesularion \CONCETNINE, 5.05 cae yee wate wires Pos leat { 590 163 
leakave «ete: “prohi Diem... Seeds c ceateols & pea set ak Migs eate, Me eteue eet aime goes 590 163 
nse, ob vin: theatres rerulated. bso aw. pes wee eles ee Sener Bee 601 197 
meter, tested “by \pupervisor: City lightness. pace ee aoe eee { ee ee 
testing COrreciness LOL meter” oo.l.555 2 ost ee peniisk eee eee 634 334 
meéeter:iIncorrect, Compan Vv TOMeCuUly waa. eae eo eee 634 334 
company failing-to furnish: city with, as per COmLraAct..-oscen ee 634 OOD 
enforcement, of contract swith: city fOria... «2 a ee eee 635 336 
meters, to. be sealed) and “stamped a2 .c ae oe aio ae tert eee 635 33 
meters, to’ bécadjusted when 24.20 ae aes ce es eee eee ne 635 33 
meters,.what considéred accurate. see ce eee ee 635 339 
meters; record andsreport iol ins peehinnas Senter eee 635 340 
meter, counterfeiting, / defacing seal Von... ..2 nae ee ee eee 635 341 
‘time-tables: for Piaget o hats ae ie (ce ee eee 636 342 
duty of Chief of Police to report condition, etc...... erty A. ALI nae 636 343 
companies: to ‘submit DiS Or :cltye tow homies eke create ae eee 636 344 
GAS COMMISSIONER— 
appointed 7by Mayors when... 1G ose ak ae ere Pe Sah Fe 868 1509 
GAS COMPANIES— 
See Gas. 
GAS CONNECTIONS— 
to be made in advance of street construction.................. 757 898 
disturbing street paving by Gas-Companies to make, company to 
repain “streets when ne. ce crererete eirewcseikis Meanie eo tetas Se 760 912 
760 912 
stop-cocks; location - OL 7-35 4 vacc.- ate a citar cee Se 6 ee nee ee 760 913 
812 1244 
excavations for service pipes not kept open over night.......... 762 922 
B; Pail. to recommend sordinancessiorveewet.. a... 2 oe eioe ee ee 968 1913 
GAS-METERS— 
See Gas. 
GAS PIPES— 
See Pipes; Buildings; Gas; Gas Connection. 
to’ beakeptiin: order, (@tCs . 2) ecco ake eee Cees aie ky, (eae 590 163 
Supervisory of City duichting:-1o. examine sins. +. ee ae eee 635 3306 
repair of street caused by laying—See Gas Connections. 
GASOLINE— 
613 232 
precautions 2provided Lor 2 eh asec sce ed eae ee tere 613 233: 
613 234 


GIANT POWDER—See Gunpowder. 


GIRDERS— 
See Buildings. 


GLUE-FACTORY— 
See Factory. 


GOATS— 
884 1575 
impounding; * estray, CCCI i ay naa: ehecate earn vi sete a eee Shee | to to 
885 158] 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. . 12238 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


GRADING : 
See Streets and Highways; Public Work. 


GRAIN—See Corn; Oats; etc. 


GRAVES— 

See Dead Body; Burials; Cemeteries. 

GROCERS— PAGE. SEC. 
BRIER ee ma OLi EE OLSraS td Gate, Apietale gs ccsts sie-cae aly selects V Come e ods 861 1468 
selling certain meats, not meat-shop keepers.................... 862 1473 
There Cee SOLECIEVSUDD LOS e <6 .6 oc ya wis © bee han he okc iano PLA 1078 2378 


GUNPOWDER, eitc.— 


Reet eR MUTRLP COCHISE TSE II SERN, thd clei ale. pleve. date aunts foe eh wee odes 551-553 19 to 26 


HACKS AND HACKNEY CARRIAGES— 
See the ordinances referred to under Vehicles. 


HAND-CART— 

Prune .OlseOnesidoWalks :IMISGEMGANON. «6 vase ced cc eee end. 812 1 ae 
HAND-ORGAN— 

PLES PSTENTS, | Ge otk PR RIS os Pe Ee Oa) 879 1547 
HARBOR—See Harbor and Wharf. 

lines of—See Wharf. 

obstructions in—See Obstructions. ; 

Whats comprises——see ‘Nolte, tO SeG, 945". 660i. slik a ccc tow shew wis ese mie lene 636 
HARBOR AND WHARF— 

See Wharf; Harbor and Wharf Com’r; Boats. 

rights, jurisdiction, etc., of city over, and decisions respecting 

Harbor and Wharf—See general note to sec. 345............ 636 
improvements, ordinances to come from B. P. I................ 968 1913 
lines and boundaries—See Wharf. 

TOL en Se ett at dye Pe a Age ode See alps ety" p, ole ilecats Ge detaie.s 994 2013. 
HARBOR AND WHARF COMMISSIONER— 

See Wharf; Harbor and Wharf. 

Syarepera eee él Dobe Nye aueb a) SOEs eet eo elo 8 Re ne ee a ae S68 1509 

to cause obstructions and structures beyond wharf line to be re- 

Paley dstel BARES Ais he BOA C0 si galt ANA Al Aang nt a AER i Sm 643 350 
LOrceste ate MOOr ine paces LOM | WALer-OCralt ys. ose wes vals ee ade 643 352 
TUS SOLOOL renal Of MOOLTINE “DIAGE weiss Viste Mets secs woe sired otitis lone ete 644 353 
RITTER CLE aI Orke etre Re tai taka coin eke chads c Wiot as share docks kis iaie vte ef@ $6 bee ees 644 353 
proceedings by, where harbor obstructed by wrecked boats....... 644 355 
to set apart landings for boats—See Boats. 

j 645 361 

how to remove obstructions of wharf by goods, etc............. 646 362 

646 363 

to cause arrest of persons injuring or stealing certain property.. 646 366 

LOL GAUSG TOInOVal OL ODStIUICLIONS, OF (WHALEs . oleh OF chats ws 0 che tae axe! 647 368 

DErMiseionesos Pinner Ox CAVALLO Sy LOOM cia iiete iste cide fe ins ew vaenersinie.e 4 648 369 

failure to obey directions of, misdemeanor..................... 648 otk 

to make report as to boats, arrival, departure, tonnage, etc.... 649 SH in’ 

temporary use of wharf by, when permitted.................... 651 380 

COULTOMOL Ss paGen Greats OU O1l WHLAL br ch, oo. hac 5 ¥ sik. w ales sehen om 651 381 

hOwslo 16ase UNL roved  poruons: Oly WOALE os ck on cio de cm wee ns ee 652 383 

procedure by, tor license: Wharl-DOatse ice wiic.. yittee eos woe cea bis « 652 384 

6538 386 

PULNOTIT Ven OV Cie WAT AG i ater nhs alee eh nie ct Minin ie ans v8 654 390 
654 391 , 

PMLOSs TESDOCLIN ee aatlOl SE OLa WOO te oicccs pints cope aie od oles Bieiepy mie sare 655 395 

To Decals WUSTL WOES BTOWOOCFIANUE oo vice ce iew chery oc bee Me os ole e se 656 400 


to measure wood for vendor or purchaser..............-.e0-00% 656 401 


1224 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


HARBOR AND WHARF COMMISSIONER—Continued. PAGE. 
to“meastre scoal! or. coke, Xete ii es eens ected ste trek ere eae eee 656 
to appoint deputy as superintendent of scavenger dumps....... 657 
Loo appoint. watenmen  LOrcdutmpsy cae cores ote cise Gta cane en ee ee 657 


regulations concerning scavenger dumps—See Scavenger Dumps. 
may employ additional labor to remove filth from levee or wharf 657 


to designate. ferry-landings 35 y 2's de aie + «omni wiuigle While ate { oo 
to; cause removal ofrsunken ferry-Doats. : eh as se elas ae eo ee 661 
make, out bills-for ferryscollection: .45 7 ts. Sent alae eee: 661 
appointed |). DY # Mayors tes vie cnircs cee Seale nee un ee nia aie atennia eae 868 
when Assistant may act for, on Board Pub. Impts.............. 967 
powers andyduties of; Ins seneral ec wisi. eae eee eee ean ie eee 982 
furnish City Counselor plans of lands to be condemned, etc...... 983 
furnish and deliver bills for dues and wharfage................ 983 
keep the harbor and wharf unobstructed and free from nuisances 983 
appoints deputies and employes of department................. 983 
deputies to be sworn in as special policemen................... 983 
to have charze OL dium yp 2 WOate ear, cae state hare treass Arete ramen ete. tate 984 
Lo. appoint “watchmen: for dimp-b0ats ici. eek. cies sale ets ke 984 
payroll for dump-boat expenses, certification................... 984 
salary) and \DOndwoOLse ue esy es N. ccis hoe eae ghee eee seer tn een 999 
salaries and bonds of employes in department of................ 994 
appoints certain employes for department.............eeeeeeees 994 
appointment of employes and officers for Harbor and Wharf Boat, 
OLG es coder ath tbra oe lovee ceiacal'a ISCAS so Saltese eae ena a TEs SRI tete: Bini Cane ae tte ne 994 
may direct where lumber shall be landed...................-2- 1130 
HARBOR AND WHARF DEPARTMENT— 
See Harbor and Wharf Commissioner. 
HARBOR FUND— 
to be credited with all fines, etc., for violations of Harbor and 
Wharl «provisions gis tpi’ stele se taete oe enue Geeteie ciate on hk meneame 648 
HATCHWAYS—See Buildings. 
HAWKERS— 
See Peddlers and Hawkers. 
HAY— 
to’ be protected vazainst: fire, now Kepur y Ake siete ete ea a oer a date 612 
Keeping) OFF tase Ree teem ocians ies Se Sut Nn eae: ah ean ie ae eae 613 
TOEMOVALPITOMId SPO CR atone isicte.s cats AiG Fale oe ere ends Ete are ie ars eRe ener 613 
removal ‘from swhartie, dass che cee ne eee eee 645 
where: maybe sOldn inpimar ets uls Us.7 iy .ss es eee ee tert on ee 853 
wagons, where standamormwocateds’. ~. <2 a. seid meee lets 945 
fees fOr: NSPEChONMOLAASCALOS oe. oat. bis sree eRe ateee died eee 1116 
(1121 
avi fe tense ) 1122 
rerulations | Weleiin Si ese ae wo ooo ohs Stee ect aes 4 a AE ae 1122 
. 1123 
driver compelled to have weighed, penalty false certificate, sale 
OL wazon “and, ‘Corlents, (One GLC). 2. .c sla c eretralcicasa se wee 1123 
dealing «In vunweicied smronipited. ... «2's maetate ure ete eee 1725 
frauds,’ short-weight, changing; certificate, ete sii a. ial stew are Lioe 
bundles and packages on wagons, how arranged................ 1127 


HEALTH— 
Board of—See Board of Health. 
Department of—See Health Commissioner. 
epidemics—See Hpidemics. 


SEC. 
402 
406 
407 


411 

422 

423 

431 

435 
1509 
1909 
1964 
1964 
1964 
1964 
1965 
1966 
1967 
1968 
1969 
1999 
2012 
2014 
2012 


2013 
2595 


372 


226 
232 
234 
360 
1423 
1849 
2540 
2562 
2564 
2565 
2566 


2567 
2572 
2573 
2574 
2581 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1225 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 4638-542. 
Index to State Laws for St. Louis, pp. 225-256. 


HEALTH COMMISSIONER— PAGE. SEC. 
See Board of Health. 
to present coroner’s report to Board of Health.................. 618 263 
when presiding soticer at Board’ of. Health. 3) 3042 viele old as 663 347 
OMT ELLY IPERS OE ROR CM or Gate 5 Ws a) ein clad blu wp whe ewig a are aes he Re es Se tr 664 444 
PON Sr lacie lemee lite DOWOTS Ob sh ok y os ic. emits Sells eos a ee ates 665 450 
SLIT OES CMR Le PIES CI SCI ie, Pe rch ain he Wd x, aa ween w ae oe a heli aslere tes 665 450 
COMMING mere Ol bys LISCILUEION Sd) CLG. wii sf ccsiais/s ayal' Pelee vlnceie die, wont ais { or atl 
register deaths and births and make report to Mayor............ { Boe ony 
MOcta rer rtmOLeUtrhis -AltG CEAlUS. (5 ssc 84 oct aie seb eesie ee ee Aletet 719 696 
742 828 
(GAL ee nOenuUri ai Corliicatce 1 COM, CLC. vote > okie twee aie a oe bee kas } 744 836 
744 838 
right to enter premises—See Right to Enter Premises. 
abate nuisances—See Nuisances. 
POELLELE WORLUS CE ORIOLICE MO) eee men Ase Sloe 2's, coke hatin alia Wht ce ete tm) a:/ubiaiheilel favere 665 451 
records of accounts, documents and papers to be kept by........ 665 452 
same—presumptive evidence of cCorrectnesSS...........0..e0000% 665 452 
: . 665 452 
ER mrea ad Cee Tl Leen UIP pe Ge UIA C LOTSA otis e cece BOIbe «chee woe, GPE Gv oe iciallel eh otl ed { 665 450 
IBEIMCCLL US LOtEe ree Peano ene We lel ghais teas Ae bc Abs au seal ona ee bideie wey 666 453 
appointment and tenure of cea terarit PHO ony OLY Bia ears Bvt Ute Publ Laie ke 7 Re 666 454 
Bee Caras] BOUT MO LAASSISLAL Geen tits ierel aie) % oc cites Weed whe arabes kee ee 666 455 
Daw OLe Ale duLicee OF tASSISCHNeCe. |. cc A cn son flechette eee are am 666 456 
additional help tom salaries, ete. nice. ke ks FOE re et eae RO a 666 457 
lic aCe LONG Omri? ADDOLNLCES © OLs fiir) wlclei acto aitteld c's 8's Wielels ond 8 a es 666 460 
St. Louis Training School for Nurses excepted.................. 666 460 
Clerk Sanitary division appointed by, salary, etc............... 666 461 
may require employes to work over-time and on Sundays........ 667 462 
667 462 
compensation for over-time work by employes.................. 667 463 
667 464 
disinfection ordered by—See Disinfection. 
LORI koet Wiese LOT OILY DACLOPIOLOPISty vac wer. oso 3.0 ei e's wlad ele ere 668 466 
to make rules for assistants to Bacteriologist................... 668 471 
LOcaDDOINE Gleb AGP alitoLl fOr BAClOrlOlOZiSt..s: i. wick sleicasa ce we eo 668 472 
BOULEOLO Ve iGO lics OL laTttLOTs BEOTINO V Glaus wtois cts) ele) ove veo oars; aieye te alae « 669 474 
control over two new laboratory assistants to Bacteriologist (see j 
Ue te OL emg ary Ue Death Vaated te a) Coals cy gala eck ew §,"sue alee yee are 669 475a 
to appoint veterinary surgeons to inspect live stock............. 683 524 
PAC LLPe GUL rl eon et. reltene cto ciate aire a ck ae wate aie hee 684 529 
to appoint inspectors of meat, fish, vegetables, fruit, etc......... 686 536 
De Ate ne CRC LCC en ates sea hain fie, vist eiwlv ois ee,t Wie’e = Spee signs 689 558 
to require reconstruction or connection of vaults, privies, etc..... 692 578 
aflgeis @ hci (ellse tat abeoa end LEGM CLS Coq Gwe LP enIDE De ne SN Ri ee ae ae 692 579 
power of, in case of epidemics—(See Hpidemics)..........00005 706 gD 
power of, to destroy dangerous or decayed articles.............. 707 634 
compensation to owner of destroyed property..............+8.: 707 635 
power to cause disinterment of dead animals, at whose cost...... 714 673 
duty respecting disposal of carcasses—ord. 22580 in appendix, 
BITTE ECHO ou y 1 Crea Ny gla, eel tcle walt arose hala ales ater ue 8 1141 
714 676 
SANG UNCER LEY LO LG Wan, heen or ts Ga cae trays) wlas'y Seat a tehohe cals te to to 
715 679 
TOCHAIL OL DBEUILUAD Vis Cs POMIO VO VCOLCANSOS ss cjcte > aetel ab has orotelns d)s exe 715 681 
duties respecting practice of medicine and surgery.............. { es ste 
signing burial certificate—(See’ Buriais).... cc cece csc wceae es 720 TOL 
requisitions and accounts for office, sanitary division, dispensa- 
MIGOs TLOSD ILA a walla ile aes YURI lar tanie y: ¥ eke ile oe v’ gas kis Sle 721 708 
power to make rules for government and admission to city health 
InStitutionS ©... .. eee eee e eee eee ee eee cece cence teen neees 722 709 


control of, over visits of medical students to institutions........ 722 710 


1226 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
: Index to State Laws for St. Louis, pp. 225-256. 


HEALTH COMMISSIONER—Continued. PAGE. SEC. 
when may permit parents of children at hospital to nurse...... 722 713 
appoint additional nurses—appendix, ord. 22935................ 1144 
control over Superintendents pack va eos ae ees 2 we ee ee 723 720 
appointment by, of first assistant in City Hospital.............. 723 721 
appointment by, of assistants to Superintendents............... 724 728 
appointment by, of assistant Superintendent Insane Asylum..... 725 729 
appointment by, of assistant Superintendent Female Hospital... 726 738 
appointment by, of matronvand supervisor, of. . ssc oa eee 726 743 
to designate where incurable insane kept...................0-8- LOA; 748 
to designate rules for insane at Poor-House.................... T27 749 


relations to insane—See Insane Asylum; Insane Persons. 
relations to Dispensaries—See Dispensaries. 

relations to poor-house—See Poor-House. 

relations to dairy at poor house—See Poor House. 

to furnish blanks for reports for contagious and infectious dis- 


eases, 10 )pRYSICIANS «50.4555 hieicc Ge ciecg ete eral oils ete ahe ane Wie aerer ical vat 735 19% 
when placard buildings in which certain diseases............... 735 798 ; 
may remove persons suffering with contagious diseases, etc...... { ee a: 
power to disinfect premises or withdraw use of streets........ 736 803 


duties and powers respecting consumption or tuberculosis, etc. 
—See Contagious or Infectious Diseases. 

powers, duties and relations to quarantine—See Quarantine. 

removal of dead bodies requires permit from—See Dead Bodies; 


Permit. 

when orequire, disintermenty)s.0 eect otc csels ae te ieee BLD elon amen 746 852 
permission to bury in place other than authorized cemetery..... 746 850 
when may require interment: Of .COrpse nic. seems tees cee ees ele 748 861 
duties and powers respecting cremation of bodies............... | a ay 
employment of temporary mechanics, etc...................05- 751 874 
to :fixysalaries ‘of: temporaryenelple.. alton oct eee ene eee T51 875 
City Counselor: tO 7aGViSG how we Shirts ous wie tke Geel ere ee ere eee 841 1368 
to have sick or injured work-house prisoner removed to City 


FLOSPIbAl is iy. ess usie ese teteue sg iayd Aner he etre ttte age [eee ie Bae 923 1767 


HEALTH DEPARTMENT— 

See names of particular Institutions or Officers or particular sub- 
ject treated. For salaries, see Salaries; appointments of em- 
ployes in, see Health Commissioner; Board of Health, etc.; 
service of process, see Marshal, etc. 


vehicles’ of, (how <markeniy eee Pees cic ic tee ee nn gee ee ee 912 x ist Hb 
HEATING APPARATUS— 
in-charge Building {Commissioner - 7! 2.40 Ae Ame wis ae ee are eee 550 14 
furnaces, see Buildings. 
HEMP— 

: : ( 613 232 
Provisions, Concerning. s sce eee oe sks el eee 1 613 234 
removal fFOM), WHAT.) 05 eesetet ek. eee os aki ole See ee eee 645 360 
PACLOT YY WOE TMT SAT CO wie Reed Senko 0s nlio, aak Mee nek Se 700 605 

HIDES— 
See Nuisance. 
HIGHWAYS— 


for subjects equally applicable to streets and other highways, see 
Streets and Highways under which the general subject is 
indexed. 

For provisions peculiar to certain highways, see particular names, 
such as Bridges; Alleys; Mississippi River; Boulevards, etc. 


HOGS AND SWINE— 


not:to be: kept tin spe. 2 yo yes se coetemirsine bi > Ath Or oun ue con oieneenin de tee 697 586 
not to be enclosed more than forty-eight hours.................. 697 587 
in: PENS \MUISANCE 24> Oe SEGUE cal ri eta ie elias oe seu can es Ee etek 697 588 
dead noti tebe buried’ 11 CIEY feces ce = tele cap aices eee ee 714 670 


driving through streets or on sidewalks, prohibited............ 884 1575 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1227 


Index to Charter and Notes, pp. 463-542. 


Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


HOGS AND SWINE—Continued. PAGE. 
Pili oe ree LIMO UG OL’ GLC acs dig cA ae tak Sree ih os 885 
sale of, is stockyards proprietor or horse and cattle dealers...... 1046 


HORSE MARKET— 
See Horses; Sales-Stables; Horse and Cattle Dealers. 


HORSE AND CATTLE DEALERS— 


CU GSTT Spe eT te me ROO sie 5. Side viel Caio vg Oo Bed AN EPG bak wires 1046 
HCONSEs Ol ULG ee oOU le. SCOsODUGRUIX 0 2s ok. & owls Bice oa hele Wislalon “sue 1161 
BRS Grmecre! Came LOSC TL OT) Cate ease dlee ew ikcp a ile ao Pale But ocrd nw hICE Bl aewle g Bl Ce 1047 
HebHRGRNelUrOSNOING DURING A a. es cc oa else Sectee ave fue Sel Urns NAOT 
penalty doing business without license........................ 1047 
HORSES— 
BIG REM ML GMC WARLA DON MEE To ele. kta tc ack asda eis Lede whee Net teav dan iaiecals ' Mh 
NGAI COLO GROTTO OL ACRE UE 6 50h. 1c) cdl ain tare land oA ale as WES 714 
Note LOMUGCUL VANS LEO COIA DUN OESe ys ores < out ct dime de Oe bo ole nn ewes 859 
driving—See Driving. 
unattended, or loose on streets, owner liable in damages, see 
NOGGW. COMBO Gas LODG ie. tari: oie wien, Ce ee saad ae weeny bts 881 
cruelty to—See Animals. 
UD TEA TATA One CELT cis re ie, Vata Ges elas, alice TT oa! et ere atl i 882 
Piteued cor Lreee A aaiase) TOSU DINE. oan ee le aim ae Rubra al ane Winmlone ens 889 
TAO LOUnes HN ILCUEN NEAL OT) TNA DALKS sty sb Uist bes ak Go arta eteitlaal, bs ans 996 
1021 
iareer Or. sanousaie7s Ol, at, AUCTION, LICENSC 2. 5 cick la 2 o/s ee eee s | 1021 
1021 
sales-stables—See Sales-Stables. 
horse and cattle dealers—See Horse and Cattle Dealers. 
Nate aD er LEA UCL: OLASLCEC te (oie trvele rere shale Sees cles eee nae 1021 
WRU ee COE LOLEGILV Ss OILT LOSES ait ciation: Nal ttre. Seka es ah ayo te 1078 
HOSPITAL—See Buildings. 
tO SLaDe, CORSUFUCLAG: ass HYSLtGlaseen auras cerns . Aa lon 563 
ELA WR SLL ea Woe) LLP A Ce eee vat hg eon de eee a ete Sat ne gi a Se cals’ es 582 
RICH TSE Mee TIAL CL CLES LLL tc ate che fre Glen thy che eater ares ie hag ee byes 587 
City Hospital, see City Hospital. 
Female, see Female Hospital. 
Ware reat LOS ror Ol O=litiiis Ueki dr LUGS plc crs ei cole e didieretee a ayere Gale iehare ols 1106 
private, regulations under new ordinance, see ord. 22998, ap- 
CIRCLES RHC lg hea! ou iced be VLA i a elias? Be OE A 6 Saarinen ae i ee 1142 
HOSPITAL FUND— 
Mpscriatert fey 0 eake les Saige CRS aa ee a Fer AaNe eae ae eta We St ar ehe arene a 721 
Wi MeIIPEROLRBSIIMAT OL o bake to ais SR see o Skane Gccerd aes eal 
HOTEL— 
REE Ce RLU Lee TAT CL TLS ciara iahcale: «acai Pt. Sh are sad do h@ a + give an shwile! @ 564 
Mii GL tome Scan COprain= NeIg Nth. eee ky sete eels Ns ewe ¥ Gs 567 
UAL Weve cite Oe CO) eG COMALETICLCG sre Sic. brs Bie ok loos oy 0 cir oan sce 582 
583 
ED eT Pal eh ee ye SR SI Ua ah os na er he 596 
pee 
BCA ADU OTALUS MIT STOR IMALIODS tr tte d « solnieteis Suro lols «0 8 alae o aleve 587 
watchmen and alarm bell in, to guard against fires............. 597 
proprietor, lessee, etc., neglecting ordinances for fire-escapes, etc. 598 
height of rooms, ventilating sky-lights, windows, etc., in....... 598 
Drives. VAULUS ANIC RA LELECLOSCER SIT cate dale clereten os atarc's'a'e anew uly ea 691 
ABlIMER DAS Dey veces IIT Oe CAEL siete ey hake! gia, os wn) ed's «/s the wo b wie, ene 1062 
PERSE TADS UDUOrs LiL nae eres fend Pile wip ane eee ee eh elas wis hres 1063 
Petar LOCOUUALION frie cet ee ttde BE Ah DEO ads PLN ee po dee haw ae ee TAY, 
removal of persons afflicted with contagious diseases from...... 139 
keeper or agent to give notice of contagious disease, etc........ 736 
vehicles for use of guests of, license-plate rule not apply........ 936 


rT eet Te HCOTINES AT ELOL MRT On Gis ol aed oie Cate olathe rave © a ef Nls 4 ace eet 1030 


SEC. 

( 1578 
to 

| 1581 

2247 


705 
706 


63 
fat 
137 
138 
189 
190 
151 
191. 
193 
194 
576 
2313 
2314 
687 
801 
804 
1814 
2173 


1228 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-28». 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


HOTEL—Continued. 
amountvand? term VOL ticense for. . iic.s acts oe owe ea eteas to he, oh ee 
same—term of amended—see appendix ord. 22573...,....... metals 
penalty running, Without. MCenses crc. «5 ere en cele ee se te eee 
Water Eratesvan vicki. are peers oe i suse, Mec @ aioe) Sige wccss oot enue ane Mae EeAS 
HOTEL RUNNERS— | 
runners or agents for, see Runners. 


HOUSE AGENT— 
See Real Hstate Agent. 
HOUSE OF DELEGATES— 

[This heading includes matters peculiar to the House; for mat- 
ter applicable to both Houses equally, see Municipal Assem- 
bly.] 

elections to, see Hlections. 

OLCOTT Es OF 2 AAS Rie erates saben ehn oi eect ra. age ie te Be Rae RR aaa 

BDCAKEY SOL bas su eee retake alee ward aloo aveital Ge aelecal oat pte acd cd aaa: on tonearm 

duties eof athe: .Clarkor thew aise de aie ae ciel cae ie cee ee ee 

duties? of. Serzeant-at-arms Ol. a ae eect retudiad tele euaiee eet eee 


salaries’ Of (officers Meee! oy, bas eee et nate es ae ee 


janitor ior; sappointed ayn speaker 2c ee cen ieee er eee 
duties; oiegjanitor, controlled “DY \WOOM:SeLC an wae ies, ere 
Speakersof; “when to be.Actine Mayoran..ccs.. she «cis a tcreinteas ete alate 


HOUSE OF ILL-FAME—See Bawdy-house. 


HOUSE OF REFUGE— 
See St. Louis Industrial School. 
now called St. Louis Industrial School, see note to sec. 1510.... 
name changed to St. Louis Industrial School, which title see for 
indexed matters. 
HOUSES— 
See Buildings. 


numbering of, provisions concerning............... ARO E ATE 


street. commissioner to establish all numbers.................. 
penalty for violating house-numbering regulations............. 
street commissioner to supervise and enforce numbering of..... 
of prostitution—See Bawdy Houses. 
gambling, see Gambling; Misdemeanors. 
HUCKSTERS— 
See Peddlers and Hawkers. 
rezulations.,as) to: Salesi-in: markeli ices, sees ieee lest aoe 
not. to-sell-what.on* Sunday. Hours, ol-sales#).4575..5 ve 2 eae eee 
VIiOINLIONIVOF ATtICIG SPenalty ce pie. ee ke he setae cet eee ae ee 
HUMANE SOCIETY— 
may erect. drinking) Tountainse. ogee see ee ee ee ea 
gets tone-half of fines. for: cruelty: to\animals ue, . yee eee 
HYDRANTS— 
FOP DIB KSUS ere es See ro Na hE As re Ee er a 
LEAKING BI NISAD OG eb atoly o ag aves hecs layers Gemeente ane fk te nee ae 
InjUuTINS Panisdemean ors 45 Sh ee row ae ae a aoa ee ee eee 


hitehineeto;e- MISGEMEAN OL. «3/2 aii fa otc tctelatne otek tue ae ete aee 


ICE— I 
not: to. bescur, Withouttpermite. 5, ee cit a at ine let oe ere ramen ee 
applicablOnFATOLr> DELI esse eck oh Acike over ceime Bes ate un Yah eater shke ate 


DeETMit DOW OTA yee oe wets odio o's copia ere velen td a7 aedtei ake oe ee 


police tovarréest, persons unlawiully: cutting: qc0 ch a vwatenan eae 
PONG > WiC CMETMTEMCEGT Te rastons potted te, ce Ceoae ole a ta: ota fe i calle na tyne et wae eae 
persons bringing into or storing ice in city to file statement, etc. 
penalty: for \failure/to) Tle: Statement. .iacs hs crhdueians che ee Boe ew pare 
penalty for failure to observe regulations concerning, ice...... 


sidewalks to be. kept ‘free.of snow and..is ... v2.6.9 wie ures 


PAGE. 
1030 
1158 
1030 
1103 


844 
844 
844 
845 
845 
843 
845 
845 
866 


869 


SEC. 
2174 


2175 
2487 


1381 
1381 
1383 
1384 
1385 
1328 
1386 
1387 
1494 


1083 
to 
1087 
1086 
1087 
1945 


1468 
2225 
2225 


275 
1608 


1448 

615 
1221 
1210 


558 
559 
560 
to 
565 
567 
568 
569 
569 
570 
1234 
928 


PS he REET a aS 


7 


AE Ree re cer 


Te Oe ee 


ns 


ita pete 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1229 


Index to Charter and Notes, pp. 463-542. 


Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


ICE—Continued. PAGE. 
decisions on right of city to require removal of, note to sec. 1234. 810 
street car companies to keep crossings, etc., clear of........... 962 
conyract. tor supplying city institutions with. Jr. 7). cee. ek. 1077 


ICE-CREAM WAGONS— 

See Vehicles. 
ILLINOIS AND ST. L. R. AND COAL. CO. 

POUCA SL OLMLOLT WR CE IAG LO se cca a 6 ik Oates o TMT ee hic Ae wa Ae 661 
IMMORAL ACTS— 

are misdemeanors—See Misdemeanors. 

oT eera EST Ure IAD COME CLO PERSON cic ihc an a ee a we a ee. 2, & 896 
IMMORAL PLACES— 

See Bawdy Houses. 


T110G ton De connected Dy. overhead Wires... fies ceive wees cals eles 786 
permuG for wire. connections, .etc:,* for; Void. ..)4 os, cen ses teats es 789 
PIE PEL AUT LL COLISG AL OTS che EM wel aa co OR eigses MMe es ad als. ou tenehe tee 1028 
IMPOUNDING— 

; 884 

De COIs MR POEL TE FILO Bat auto waters sic be coed Le eel due ta Ded Hite be isda to 
885 
decisions as to validity of ordinances on, see note to sec. 1578.. 885 
sf 898 
dogs, MU LECT VMS Y MITA VLE ee civ Oak ene parte 0d alia Mees etek alk ty 4 eo, te 1 399 
Peadeonclon. Of GOgs. from Pounds fees, SLC esis wise is cw clea 6 pete ele ‘ an 
pe baveds irday ete ty Be ICL s ls oF ye ERS Mina oy cS la oA bile a Sl te eae Rae cee. a tee eet lad 899 
Princes dors, 10to) ClLeyy LOE DUTDOSE,) Ol aie ian) oirale is sick, dist eluiece Mia held s 899 
PAM ROTEEM AST Ech in TECH geo A Da bog OE od cg et We lo eine A Rs heh 2 TR le Bas ee 996 

IMPRISONMENT— 
for violation of ordinance, if fine not paid, is constitutional, see 

TIGTGRLON SOG ah ici oo ee td ac lan teers eee MRE EGY Died sate Bid aS a bom 816 

for one not convicted of crime, when unconstitutional—See note ; 
CYR Arley 2A Ts Leas ana ay Se aha crates ce ALE Re he Cas as einai aha} woes 896 
ENTER ee CIA Veet ee cia ae ea reac a aiattd tae rade eat a wid oabea'e Wieie 8 ate 897 


at jail—See Jailer; Jail. 

at work-house—See Police Courts; Work-house. 
IMPROVEMENTS—See Board of Pub. Impts.; Public Improvements ; 

Public Work. 

INDEBTEDNESS OF CITY—See Bonds. 
INDECENT EXPOSURE— 

is misdemeanor—See Misdemeanors. 
INDIGENT PERSONS— 

See Paupers. 

when insane, see Insane Persons. 
INFECTIOUS DISEASES— 

See Contagious and Infectious Diseases. 
INQUEST—See Coroner. 
INSANE ASYLUM— 


Pees CuCl UC MeL reat wet ates, wi ieS. dats a) Stale tll sae sie woe 6 gs's-6 625 
PILCUATSOROMAPLOM Ie OTlINISSLOLGL , at antes. ofc) ob .3.c. 9 oie eve ceiy ow ein wee { ee 
requisitions and accounts—See Health Commissioner. 

: : fie iao 
SUNETINLENGERY (OLA COM CADDOLNCINONG. » r0e viw n cic cee do eee bee ee 1 868 
Tati One MUDSrilrenOel Gm Olen. Wars CRN Tal, kale Lib sa 68 4 eisai oie ocd als oe 723 
Baar Vary CRUDE LIISLOILGn meet eu et tot Wie tw b Wintete eit\ ore nalts ofela 723 
SE Ea kc ee ee ee slic cit cicie a ovh)s bie Si anise eb ate oie 722 
BLOG) BERG. ALD DOD OLU aad oUs telus ts splot kide ioc: dele weve cclansic 1144 
BOOLTOLe OL) BUDGTIMLANOGN VEGYVOle DEALIOUUE cc pie icicrg dlele ie owls .6 oye 0 sve sie ae 724 
control of superintendent over employeS.............esss00% . re 724 
superintendent give time to; family board permitted..... eet ae 724 


assistant superintendent in....... hnaate i's Wenn 2 0-9 My BA A FB 


SEC. 


1890 
2374 


432 
1632 


iG Gre 
{ 1128 
1129 
2163 


1575 
to 
1581 


1642 
1644 
1645 
1649 
1646 
1646 
2018 


1636 


285 
450 
707 


CLT 
1509 
718 
719 
715 


722 
723 
724 
729 


1230 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256, 


INSANE ASYLUM—Continued. 
qualifications, of ‘asst; superintendent.) 4 1. se..5 cao. vale ee eee 


powers and duties of assistant superintendent.................. 
assistant, supt., ‘Salary, bDoard.s Washing2. 7. on tek eke aoe 
assistant supt., .tenuresor office; “suspension: 2..). . ee anus 
OStADIISNCE 72.5.4. Licctay che epee eee ek lead Siete ee ih het ope cae ec ree ae 


portion 4.0L) poor-HOUse AMSedwasa. ce ee oo eas te aie a atten ate eee 
persons at—See Insane Persons. 

admission to, records, etc., see Insane Persons. 

decisions ‘concerning, see note. to) sec. 7472.0. oo. eee shee cee are 
maniacal building at, see ord. 22923, note to sec. 747........... 


INSANE PERSONS— 
asylum for—See Insane Asylum. 
incurably.vinsane,) WHETAU KEDL. 2s .7c eo leas cee Ee eee 
Health Com’r to make rule for incurable insane................ 


indigent insane, how and when admitted to asylum............ 


applications for admission to asylum........ Bao ie eR ee nk 
applications.passedon. by. Board of Health 4.0 1. ee eee eee 


non-resident, exclusion from asylum and exception............ 


récord * Of, "ate ASVIUM? fe es eee ie os eee rier: eer 
from “hospitals cor; DO0r-NOUSEc. srceste eae areas ee ete eet es ae 
duty. of-dispensarys physicians astoeinsane ee ea ee 
woentosbe taken into ‘custody oy polices... 2 ta. © ee ee cee 
regulation when, taken by police, disposition................... 
to,/be delivered by police (to, city, shospitals wie. oe. seer eee 
conveying? by police {to Citys hospitals ee cet ee te es eee eee 
at city hospital for temporary insanity, or observation.......... 
at< city “hospital, duty wot superintendent. ,;. 1.2.0... s5.. cnn ee Oe 
COMMISSILON ‘tO SxAaMmine soOuUDLEM Ia Gasesy a. «7s tacethucsa ee cee oneal 
disposition of doubtful cases by Health Commissioner.......... 
non-resident, how: disposed of, when arrested by police......... 
first examined and certified as insane, by physician............ 
indigent, admitted, or if require restraint admitted............ 
removal sof; “when restored; -ormcured 15 54s i cies eee 
re-admission of removed or discharged, relapsing............... 
inthe sJjail.) Provisions “GONCErMIN eae eee i.e + oho ee ee ee ere es 
penalty fortbringing& intoycity awe paupers: wicked ee 


INSPECTION— 

of buildings—See Buildings; Commissioner of Public Buildings. 

of factories—See Factory Inspection. 

of weights and measures—See Inspector of Weights and Meas- 
ures; Weights and Measures. 

of gas—See Gas. 

of milk—See Milk. 

of cows, and dairies—See Dairies and Cow-Stables; Veterinary 
Surgeons. 


ofmeati fish; veretables,. fruttsepoultry, ClC..4.. 5. ces pe eee 


of excavations in highways, streets, alleys, etc................ 
by Supervisor of City Lighting—See Supervisor of City Lighting. 
by Smoke Inspectors—See Smoke. 

of plumbing, cdrainlayine, seus caer ccde cats Geeta een aerate tne ee 
Of, Sewers’ And rCONSETUCTION Wc calcein cies +s cab ate eee ee 


of Vehicles crits fee ee rene MRE gies kde gi ee ee eee 


of. reports*of streetirailways mechs aires oar e's om Wale heen tei cane 


of boilers and elevators—See Boilers (Steam) and Elevators. 
of lumber—See Lumber. 


SEC. 
730 
731 
732 
733 
747 
748 


748 
749 
750 
755 
751 
752 
753 
762 
754 
755 
756 
757 
758 
759 
759 
760 
761 
761 
761 
762 
763 
764 
765 
766 
768 
869 


ee ee ee a eee oe ae ee 


a eee 


ee eee ee ae, ee 


an ail eum 


ee ee ee ee ee eS ee ee 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


123 


{ Index to Charter and Notes, pp. 463-542. 


a 


Index to State Laws for St. Lowis, pp. 225-256. 


INSPECTORS— 

See under names of chief officer. 

in Building Commissioner’s office........ ee: eet yy! em ee 
Bae requests Olel ive st ravention *hureat. of... oer leek cee ce ee 
of Fire Prevention Bureau to be member of Board of Appeals... 
of factory—See Factory Inspector. 

of weights and measures — See Inspector of Weights and 

Measures. 
of milk—See Milk. 


OlsGdtm ign Reel rere aNOre erly ocd) rss os gee eile ewe Dh whee 


in office Supervisor of City Lighting—See Supervisor of City 
Lighting. 

and Measurer of Lumber—See Lumber. 

of boilers and elevators—See Inspector of Boilers and Elevators. 

smoke—See Smoke. 

of plumbing—See Plumbers. 

Doprenicies, Iv eenera le OULICS  POWEISis feels lcec cols da pac elaec 

OLovenicies,. dutiescnow on luicense: Collector. . oc essed ecw 

CVE VAL Wc Vee Pk sere ete ele Sia Sica oy 6 kewl fears Ged here wig 

Amant WU hla We OF Rem ew eae re eee vere ew i ett ye | 

of lumber—See Lumber. 


INSPECTOR OF BOILERS AND ELEVATORS— 
See Boilers and Hlevators. 


INSPECTOR OF WEIGHTS AND MEASURES— 

See Weights and Measures. 

COP LS DCCIRCNATCOAL INCASUT ORE rier tae wre ei daleielele- Cave cle cbla a ck pale ate 
not to gauge or-stamp packages of fruit or berries sold........ 
duties and powers of, enumerated in general.................. 
SMe TORE ar Cn pace ORCC IEE ITD (homie ects h See ghe va, gal beiy a 2) se a shades whore! ah 
to make requisition for articles to Supply Commissioner........ 
LGR ROIsOt MI pGnIGASi LOS, JOLCE a leitcineee shld shee cal ce wis lane bewanes 
PORCeCC Io Wiai ais Valieticns, .ClG. GXACUT LCOS. eco ccing ais a nels dek aa 


Et GE iste el aeeW CLO OW ak ee eg s SAE Bee DS a a een 
penalty altering weights, etc., or using unstamped, etc........ 


TOSS Ol Ile GUNSeOUCO bh LTS DOCU OUR emi. b picid ae de cies eee 80s slate on 
POC Sm mene It CO d OCALOS fot. so Wale id ee sik eldss Wiican glelele w d'v se se 


failure to deliver proper certificate by, to be suspended........ 
ECL ES Crh Lae re he reer Rte gee yt eRe nw seal aes chia. e ave Wie ¢ wy w tate 
assistants and clerks of, appointment, salaries, duties........ 
ek eae as Oa ee ee era ers tala hot Vath bess abe! oseice BialS ue eae isp 


Horecev aha Venic lent Ose Turmisnedy wah oc ses aw cone et ek ee es 

to inspect scales, etc., of dairymen, hawkers, peddlers, junk or 
Pat snenieres la vinesnO DIaCG, OF, DISITICSS © oc se ele 66 wean aheye 

PG aL Ew eu Tt ee Pe IOS atti ce ed vantigies ake dns al eck oe optpanane 

public scales—See Weighing Scales; Weighers. 

private scales—See Weighing Scales; Weighers. 

'O TERUG DOTLADle CASS EVCLy SLRPIMONLNS G6 are ve ple cee lee 


INSURANCE— 
COMmUSUVe Ole GeOUL TeUIreRe ICON sO ge WAL se vidie ce oni eip eis so ena e 
COMINSUY PUGHNEIy cma hvies ate «ay eee ee wed, Oenk Bs wah ehs,s Be ind ahh Sd Ss shone 
OOS DUSiINess WITHOUL ICONS. DONAILY oa. ca Salesian ales eve sees 
ZOTOIEN INSUTANCE? COMMMANICH HCENSG. Ny aailale <tis kee snes deena 
foreign, failure to pay license, misdemeanor...............---- 
companies for steam boilers, regulations..............0.e.+-4- 


INTELLIGENCE OFFICES— 
EUSA OR ea ee Ne acy are et eet EE tur ates ae aS 'o co 8 eb 0,'e viata kbp 


PAGE. 


554 
555 
561 


686 


935 
942 
1049 
1058 


SEC. 


5395 


540 


1810 
1834 
2260 
2303 


1232 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


INTELLIGENCE OFFICES—Continued. PAGE. SEC. 
license, how obtained, applications for, to be posted up........ 1031 2180 
deception by keepers of, penalties, misdemeanor............... 1031 2181 
revocation: of: license’ of Dy aMayorie wal rece ct ao iceti ict Se ee ee 1031 2182 
penalty doing business without sicensé ss... ec eueslevues eeeee 1032 2183 

INTERMENTS— 


See Burials. 


INTERPRETATION OF ORDINANCES—See Ordinances. 


INTOXICATION— 
forbidden® At Markets ts. cee crete Nee tec leuk lace eetaee eee eiika alee 860 1460 
in any public place or highway, misdemeanor.................. 870 1515 
power of city to punish, etc—See note to Sec. 1515............ 870 
cause for discharge of workhouse guards, etc................ 923 1768 


INTOXICATING LIQUORS— 
See, in general, Dramshops. 


not. to, be “sold rat tmarket-piacésseir fee ee bi ates Soe ete tOCte eaters 859 1456 
women carrying or selling beer, etc., in improper places—See 
Misdemeanors. 
canning beer, or drinking Haquor oOnystreetss ices. a ee soe ee 877 1538 
selling of, to intoxicated person, misdemeanor.................. 878 1539 
ra (9200 1-\6 Any ai Seaham WN, Syn Reem Ma Rag a 5 eS Ak Yat eg 1028 2160 
atoweighing: scales, misdemeanors. sae eae oe ae eects 1126 2575 
i 
JAIL— 
insane “att whoo haves charee soreness cls a sheets wleee soe ree 730 768 
medicines for insane, supplied by Supply Commissioner........ 730 768 
prisoners at, custody, etc.—See Jailer. 
location (of; at: Four Courts nes wareie ee ail wie te. 6. deione alten arene Es 917 1740 
children: ins “hows CONTNAG se aate sth a teat a alhs a a .ssamhy cee Ween entane a ene 917 1741 
supplies for, wetzghed.on.City thallescales i) veces sv Rea ee eens Lit9) wales 
JAILER— 
appointed i DY May Oli os ccc tre tierra ee ge ok oA ella c evgtbe nen ence { ae eee 
office created<s qualifications Lote can as dees + wuioes peek Sete ei eee 916 1732 
control of jail, deputy, guards, make rules, etc................ 916 1733 
Teduisitions.forcsupplles ieee sie ee raise ate eek cetera en 916 1734 
lecation ‘of quarters: andanoureeola.... os... od alee careen oes 916 1735 
rules. for sconfinementeons prisoners o.) 2 cial. /.leicieus pietelslw oie ete eee 916 1735 
Pondvand*s COMPENSAll Ong se a eee alate i wl os ot withalahareiate ao aerate an Serena 917 1736 
deputy, guards, cooks, compensation, discharge................. 917 1737 
duties. of, -custody s prisoners. 10008, CLC. vii... wh cathe rere arels scare 917 1739 
JOISTS— 


See Buildings. 


JUDICIAL DISTRICTS— 
DOUNGATIOS Of ic ee Pi Pee ee Aah at NS Sale a Oa ae ee ae 815 1261 
Police Courts in—See Police Courts. 


JUNK-DEALERS AND JUNK-SHOPS— 


regulations CON CEraI ne ies ler iets «eae eta cdas ate aieleneen sears 889 1605 
not.to;Sell. to’ minors WHellgseeea ke vies nied wean ae eee 890 1605 
license for, requisites........ Ree ais gr OAS Fh eas A i ea ee 890 1605 
violation of, section; misdemeanorewirs ce. nus a es ee te ee 7: 890 1605 
license, how. applied Oren: nee eee eee eas 2). da oiler eee ee 1053 2281 
license collector to make inquiries before licensing. «Ae aU Ree tis 1053 2282 
petition’ of block. residents; wien tase so ea ous a ow ree ater oi ce ee 1054 2283 


dealers without regular place of business, how and where meas- 
ures, scales, etc., tested, failure misdemeanor.............. in 2546 


2 gate 
™- S, .? 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1233 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


JURISDICTION— PAGE. SEC. 
of Police Courts—See Police Courts. 


JURISDICTION OVER MISSISSIPPI— 


references concerning—See note to Sec. 345.................... 636 

JURY COMMISSIONER— 
salary, duties, location of office, supplies for deputies, etc...... 834 1334 
decisions and references to Statutes—See note to Sec. 1334...... 834 


JURY AND JURORS— 
in Police Courts—See Police vourts. 


ye a re EC COLE sword tn fie cs nF cosa 4 ws ako Sie awl are oe Bcoun sees 834 1335 
DAV LO te a ttOe TOLGPtO EG. Ladle weasels oc cnicas daw dens soveaas 835 
JUSTICES OF THE PEACE— 

Wiel may, actereuiporatiiy fOr Police” Justices. ct... lenis s 815 1262 
to be appointed as Police Justice for Court South of Arsenal street 831 1318 
Suitable: Offices tobe provided for, and how..: .i..s.c ee tbe eee 832 1324 
City Counselor to prescribe form, etc., of record books, blanks, etc. 832 1325 
BA SET See GLE eS OS creeks eres diene e538 aca ie cases eas Woe aces a eae, br 832 1326 
PHeeCLIOll OL BOO RerOre rai BCcONSLADICSS oc sluk spurs cs sie ane: pyaar ese ere 833 1327 
TRIO OU COP GMC USO SHOE: co aici'c os vis aia.s, kis lamsinle 3 Nie take wale oy 833 1328 
governed by State Statutes—See note to heading of Chap. 13, 

Eis ae ee VTE AR cera rly “avis Wen! Sle arp ies ga. pow re Siw ate) 4m 6.8 832 
DEOCERE.Ol « LOO LO XOCULCUY DY LAL GILG trely's ls ais oie cic ooh wae we dine ee 833 1331 


JUVENILE .COURT— 
creation of, and acts concerning—See note to heading of Chap. 13, 


ties, salary, bond, requisitions, etc.—See Appendix, Ord. 22540 1148 


kK 
KEYES ORDINANCE— 
comprises Secs. 1095-1117—See note to Sec. 1095................ 179 
KITE-FLYING— 
Ghee it Peet TE LC CLTNC a tree ete an ee et RS Pye he Uren Lita ae fis) Stee elwiall sl Sie 882 1562 


KNUCKLES—See Brass-knuckles. 


LABORATORY— 
Tye (Ee TE Cert ite) at Ee gees le ee 4 Relea ahaa A a aan 668 466 
See Snodgrass Laboratory, etc. 


LABOR— 
hours for in city contracts—See Day Laborers; Contract. 
what shall be day’s—See Day. 
patients at city hospitals, when may be required to............ 723 716 


LABORERS— 
See Day Laborers. 


LAMPS—See Lights; Danger Signals. 


LANDINGS AND LANDING PLACES— 
See Boats; Wharf; Ferries. 


LARCENY—See Misdemeanors. 


LATHING— 
See Buildings. 


LAW DEPARTMENT— 
See City Counselor. 
Service: (Ole PLOCCeb etl Teva TRU ete foe bac aed seek oe 833 Loo. 
TOA ULOT OL in ea icde sete 1 Pent ete he caes o h cle Wc vo bore ace ue 838 1348 
for all officers in, and provisions concerning them, see City Coun- 
selor. 


1234 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


LEAVE OF ABSENCE— PAGE. SEC. 
See Absence; Mayor. 


LEASE— 
of wharf—See Wharf. 
of market-stands, etc.—See Markets. 


Index to Charter and Notes, pp. 463-542. 


of realty by Mullanphy Emigrant Relief Fund.................. 905 1671 
ae. , 997 2025 
of, Dulldings; ins parks; when. ands NOW acs sie wie abet oe 998 2026 


LEGAL MATTERS— 
See City Counselor; City Attorney; Actions. 


LETTINGS— 
See Leases; Advertisements; Public Work. 


LEVEE— 
See Wharf. 
additionalshelp:.to keep ‘clean ee. vives Ba ee ee ee 657 411 


LEW DNESS— 
See Misdemeanors. 


LIBRARY—See Public Library. 


LICENSE PLATES— 
See Licenses. 


LICENSES— 
blank? and blank forms issued*by Hegister).. 2.5.07 0 2 ote 1006 2063 
for new theatre) bulldinges are one ese see os ee ea ees 607 210 
same: revocation” Ofs sya eiee Pe les a See te ae oc ee eee 607 210 
607 211 
running theatre Without suas eee dieae ahete sie eee | 3051 2271 
1054 2285 
on boat, failure TO; pay DEMAlUYir ya as ccc = ote ble eiae act. ae eae 650 peoue 
for, whariboat, Dow obtained. ois. oss cee eee eee 652 384 
for ferries—See Ferries. 
for milk and cream selling, ete.—See Milk. 
for hauling garbage—See Garbage. 
not to issue to oil-using wagons, etc., when.................... $10 1233 
sale or offer to sell at market-stands, without................. 857 1441 
for meat-shops—See Meat-Shops. ’ 
for musical instruments on streets, prohibited................. 879 1547 
forfeiture of automobile—See Automobdiles. 
887 1592 
for dillposters:and .DIN DOATS mc coasc or sie oearo ela inate ae ened | 1051 2270 
1052 2274 
{ 887 1593 
| 887 1594 
for shows and exhibitions of any kind, or roundabouts, etc..... + 890 1606 
11051 2270 
. (1052 2274 
revocation ‘of dicense for shows... -.6 cask were ee ee ee 888 1596 
for junk-dealers: and (iin K*SHODS. os oi. cca, oe eine eels at eee aint ae et 889 1605 
ror vehicles’ of -junk-dealers sey acs << as ask ae See ea eee ieee eee 890. 1605 
misdemeanors connected with—See Misdemeanors. 
for dogs—See Dogs. 
for’ PrivateswateHRMe;n iin cweee tee kes eee, oie aoe oe oe eer ene eee 912 1714 
for plumbers, etc.—See Appendix, Ord. 23007................... 1150-1153 
Tor, public porters. coat ba ietere sae dis Sy! fwiigre lake wlehate meme a ntaten res 932 1805 
for all kinds of vehicles, public and private, and the rates thereof 933 1810 
penalties vehicles. without evi. mi-sie css ete abe cane enol baie ieee ater ee 935 1810 
for bicycles, tricycles, velocipedes, and where plate for put..... 936 1810 
plates for, right of city to require—See note to Sec. 1810........ 936 


for automobiles and horseless vehicles—See Automobiles; Auto- 
cycles; Bicycles, etc. 
not required on vehicles of non-residents. ........-c0.ceccss0es 936 1813 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1235 


Index to Scheme,: pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
_Index to State Laws for St. Louis, pp. 225-256. 


LICENSES—Continued. 


PAGE. SEC. 
plates for, or registered numbers, to be put on what part of 

AD) CINE ROW O AS Bik ot Sis CS ale oe EN oe ie Pees eat. 936 1814 
amendments to R. C. Secs. 814, 818, 822, 830—See Ord. 22899, 

RS MATUAL SOMO CL cardi teta rate, tal Y aco stats) sec elin nace, sve’ Bix aoe d ein wie iaahe (MAY ay 1154-1155 
TEM Len SOUP LOM TITITIGNOU < akin a waco ea vel ag hut cde Cie cake 937 1815 
bicense, GColiector’ to register” number, Ge... ib ew kc cee cece n 937 1816 
bond for, conditions, additional, and form [repealed by Ord. 1817 

PaCS ECE, ONO Ce We ae en Aye Weshe  a AE orca 938 uO 

1820 
returns made by vehicle owners, powers of License Commis- 

BigMeL amen auice LOLu a IMO sPOLUTI cise, s code csc «O00 ane ole eovahe 939 1821 
to drive public vehicle: without charge, when.................. 942 1835 
ET SOS SOLS ELD) a hee & (SU GES bain 8 ek a ne 942 1836 
overcharge of vehicle, denial of new license for five years........ 943 1840 
examination by License Commissioner before granting vehicle 

Headed Leta ba ho lh wleele deg ht 0 Us Fel Gel SC SS a on aa em RS ae 943 1841 
provisions concerning former License Commissioner transferred 

to License Collector—See License Collector. 
provisions formerly in force in connection with License Com- 

missioner—See License Commissioner. 

State enactments now in force in lieu of ordinances as to—See 

TSize gate: ciate (ive oe Teh MO k aoe. Pa Le fe ay OR Sai lene a ee a Merten 1013 
Board of License Revision, qualifications, composition, duties, 

Ae ea Re eee eta ea De Td oh aly. arate ee vidio ee aie mn e . LOLS 2112 
appeals to Board, adjustment, review of returns, corrections... 1015 2112 
hearing by Board of Revision, attendance of witnesses, etc., 

quorum, personal attendance of License Collector......... 1016 2112 
POEOCINOIIS OL WISBCBSINGE Ute er saci a cc ate eta atetd cisic Gas ine s eos sous 1016 2112 
compensation of members Board License Revision............. 1016 2113 
police to report violations; Collector to prosecute.............. 1017 2115 
SACOM Ree ar AIL COMBE Uo COLL CU gi oieta'c bints ocho la disse odieisi sed se eee 1018 2123 
AUCLIONSET EIN URI TTITOCIL Gc cul sree ee aie sate oo eae vb dais Secesas 1020 Wat 
AON UeOninien let OOO Sills UCELONGGT Sule vba 5 a fates cc occls + eie.e & aie 1020 2128 

' : oy 1054 2287 
Pe Reeser POI O Rac mt ly. ave, eta rak eee re ee ee da ks ‘or eieat "ps sual wie ah 6 Fee { 1020 9129 
BUciPOuPerine CLOCKS ONG PONUS,{ GLO ee fe cies Ses Ste ee bees one cue a ee 1020 2130 
MIIGGLOL Or mer CAP reCSUALO lt ter fot ferret e tie teas ces cc ve sino 0 wee cae 1020 Ziel 
for horse-markets, selling horses and vehicles................. 1021 2133 
horse auctioneers obtaining, to give bond..................c00- 1021 2135 
WIOlAUIOI POLO AUCLIONCEE ) ATUCIG) SDeNAILY vit. cece ls Coble et els 1021 2136 
foreign and domestic insurance companies—See Insurance. 
of banker, financial broker, insurance company, mining stock 

PAT Dey eee te ta een Greta eek Yun Xs chat y pia usia oy G0 Whdee aces web 6 1021 2137 
Sieh es eeerL TV V LTEC EO Cae eee Tene can ia ghd cholic Soleo Hake Meter Sb, s ase a eae ale, 8 1021 2138 
Baier Oem DORIC itl OLUGES? o cei var chess slag ebins Ghkine eee 1022 2142 
Bates ACM WILON? SHO GM COMES EU Nik cic de rnd edo vue ke ccs ee ce eis ole ate 1022 2143 
OYE GT Wir WA) UTI WELECIGIO? oe, ec iciy cowl tink Se ide Aelia wes die ee dis 1022 2144 
COIIIUIABIO RICE GI IICe ee TIPOUETHy | OL cl, ia at Palen es iv aes coe eee we 1023 2146 
merchandise brokers, their agents and assistants............. 1023 2148 
penalty doing business as commission merchant or merchan- 

CigmrerOre nme COE variate ietire fia die GU av aloes cis ¢ ales a4 1023 2149 
affecting dramshops, decisions, authority of Excise Commis- 

sioner, ordinances, etc.—See Dramshops. 

OlSCLEIO-~ DAtiec Omer OOULT Ht toute free Oe aiiliic toss ede ee the te ae 1029 . 2166 
fOr SICCETIC PORTO LICR OIOUN EP Oye ead ci tee eed e eee pease 1029 2167 
for electric batteries, penalty operating without................ 1029 2168 
COT TOTCUne-LAlOree GTUMMARUrOLOMISUS face cold dig tye fo dcule es ode te es e's 1029 2169 
amount of license fortune-tellers and astrologists............. 1029 2171 
same—pensilty, OPerarins WiGhOlUllnosas eee screeds cee tee tee 1030 2172 
Ot) NOLSIG bail OOH FOIeetrOUIBGN iris ai el sb gol kas o c'ace ee ee wea de 1030 2174 
same—duration of term—See Appendix, Ord. 22573............ 1158 

penalty running hotel or boarding-house without.............. 1030 2175 
TOPs Toa) CBTATE. ANG PHOURGL BEOT Ceti alae ce es 4c is sind in en o.0 6 oe o and 8 1030 2176 


Poe FOR! CALALG OLO RDI teak a tis Ua va ci k bier k dence as cicce phen 1031 2177 


1236 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


LICENSES—Continued. PAGE. 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


amount of, for real estate agents, brokers, etc................ 1031 
penalty doing business in real estate, etc., without............ 1031 
same—amendment by Ord. 22597, Appendix...............000- 1159 
for ‘running; Mntelligence: (olncese.: ene eiw es lb oe ween eee 1031 
same—revocation of, for what and. how... 3. .........05 osc ees 1031 
penalty for violating article on intelligence offices............... 1032 


for intelligence or employment offices, application for, what nec- 


essary, etc.—See Intelligence Offices. 


of manufacturers, amount, penalty for failure, etc............ 1032 
ofimanufacturers, not transieraplect.t tw ei ee se cask eee ee 1032 
statement of sales by manufacturers, license when due, publi- 
COTTON oP clategs siete a ete: eae aaa oO ae IRE ee arse’: eve aca ee 1032 
ad), valorem, taxon “manufactirers) tow acdlu0n, 2.7. 4c eee 1033 
form) Of; s0L Manufacturers s, seals mene et ela eeeen iene eae ee eee eee 1033 
blanks’ ins books compared, with stubss-etGic 2 ule ee ete eee 10338 
pond: for; DY sMANULACtUTErS hace  oreetey fe caste ca es ae eee meee 1033 
of merchants, required, failure misdemeanor.................6. 1035 
of merchants; snotwassignahle ise ate oe ee eee 1035 
statement by merchant of sales, license when paid, notice by 
DUDHEATION Whe oo ei ae y Gin ote se eels ve abe eae abet en tiede ie eae eae 1035 
ad valorem, .and’ additional» merchants, taxevc smite se oie tee 1036 
merchants) rate; times ofepayment ie or se ee ee eee ee ae lee 1036 
form “ofS MerGhants yo sons te cheee alee eee eh ata ONO rane fetta cha tathat syed fs ah ots 1036 
to correspond with stubs............. oP ued a, bee aL Late ou a seus Benes bakeiare eerie 1036 
HonAyLorssPY. HIMEPCHanes eae cee esse ee a a ae ohne See eee ne eae 1036 
penalty if merchants fail to make returns or pay license....... 1037 


for restaurants or ordinaries, penalties, etc.—See Restaurants. 

for pawnbrokers, conditions, etc.—See Pawnbrokers. 

for peddlers and hawkers, penalty for failure, etc.—See Peddlers 
and Hawkers. 

peddlers and hawkers to attach license plate.................... 1041 

term of conditions, etc., of peddlers and hawkers, etc.—See Ped- 
dlers and Hawkers. 

for railroad and steamboat ticket brokers—See Railroad Ticket 
Brokers. 

for runners for railroads, steamboats, hotels, etc., regulations, 
etc.—See Runners. 

for stock-yards—See Stock-Yards. 

for sales-stables—See Sales-Stables. 

for horse and cattle dealer—See Horse and Cattle Dealers. 

on street railways and street railway cars—See Street Railway 


Cars. 
for vault-cleaners—See Vault-Cleaners. 
for, divers }and Psundry vocations. . <<). <2 sss eee eee eee 1051 


tographist, mercantile agent, billiard table, pool table, pistol 
gallery, shooting gallery, or theatre, show or amusement.... 
same—amendment as to period of license—See Appendix, Ord. 


for, and definitions of, billposter, engraver, lithographer, to | 
1051 


PASH | Wee SRY SSAA 9 HA OWE We ty oan Shear CAPO re RET Re IS Ot 1162 
same—amount for above sundry licenses, respectively.......... 1052 
same—term of each (amended Ord. 22576, App.)................ 1162 
same: ( before AMEN AMODTH asst oe sales a4 See nl tee eee 1052 
for above sundry vocations, etc., subject to ordinances........ 1052 
TOT BDOVEs pe LOLI MOL te ete eas eich ales are rade key i aaa gee mn 1053 
Tor “above: when Vtranstera dle vojteiccs sswen tar cae orci ek ee eee 1053 
Collector to keep registry of transfers or assignments of...... 1053 
violation of article concerning, misdemeanor.................. 1053 


foreign and domestic insurance companies—See Insurance. 
for theatres—See Theatres. 
for exhibitions and shows—See Exhibitions or Shows. 


penalties for. failure stoepay ine veneral...c oe. te. eae ee ee eee 1054 
when. not. required, for, fair. srounds booths...) 20: sua eee eS. 


2222 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1237 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


LICENSES—Continued. PAG’. SEC. 

hearing of and granting licenses to engineers by Board of Engi- ( 1071 2348 

MAES Use pee PC MANES clu os'u Hla) 9.) 6. SE ea 6,0 504. 4 wiaiatd Fw acne duel Ged wee whe ahs { 1068 2332 

licenses of engineers, how revoked by Board...............eeee 1068 2332 

applications for renewal of revoked engineers’ licenses........ 1072 350 
Comptroller to give Auditor statement of, turned over to Col- 

De eRe ete te GE ala or acess es lave ed encoun Gia, winidew ihe bee hee bis 1088 2423 


water-rates—See Water Rates and Licenses. 


2584 
for portable city scale weighers, and regulations, penalties, etc. 1128 | to 
2587 
Gleisueclorseanu measurers, OL lumber, CG. ss a5 ccc cin a cae s bs 1129 2592 
LICENSE COLLECTOR— 
for licenses issued and provisions respecting, see Licenses. 
duties and powers of License Commissioner transferred to—See 


SiC Vee RTPA Ie CE OTA LN Us 1s Wi aie cs Waal eal el wre te we ae 1013 
not to issue license for new theatre, unless what.............. 607 210 
boerece va stoeeni or, licensing y Milk. ates. wishes he a lew SRS 673 493 
PoRCOUM YY Omar ee OL sO pie wwe is wes. etl ace Seiten oie oh (obs 689 
to keep metallic plates for garbage vehicles................... 718 691 
may examine telephone or telegraph officers as to poles in use, 

Ce OCCULT LEO SUC acne Ghd tie pst eee eee eee Oahereal Rice Oalle ober 801 1190 
may require payment of deficiency of amounts due for poles, etc. 801 1190 
not to issue license to oil-using, etc., vehicles unless regulations 

FLOSEVARES 0 es foe appt li Pile les yee pt PE A i 810 1233 
WietAV IO LOT Hoe eem eC LAX TeCO LALO tid cy 2c) 3 tucked c 8.6 wha Bre bidle @ 898 1639 
payment of fees derived from impounded dogs................ 900 1649 
duties respecting license taxes for all kinds of vehicles........ 933 1810 
appoints vehicle inspectors, salaries, duties................... 935 1810 
powers as) tOsreturnsi for, vehicle JIcenses...). ccc he ce tic eats wees 939 1821 
powers to examine as to ownership of vehicles............... 941 1833 
40, periorm ouuies- OL vehicle inspectors. of. bod. de ENG 942 1834 
to make examination before granting license for public convey- 

ERE Cis Se eT Rh eri haere eco Te ahd a uaisel’y' es “eo Gwe me ale Chasers 943 1841 
POsehtereCOnyviclione (LOrsoverchargine IN DOOK 2 6. wa bk elec a wecsi ere os 943 1841 
duties in connection with Board of License Revision........... 1015 2112 
ordinance misdescribing, as City Collector, is valid—See note to é 

ed ee eee ee IM TS Siac inlaw. eve Ad awit Here mieleke a.ls 1014 
to certify pay roll for members Board License Revision....... 1016 2113 
to prosecute persons violating license requirements........... 1017 2115 
STOVE OL nD DOLMMUNCHU NT OULICSS Pack tise so alec ee cha tess wee ae 1018 2119 

( 1032 2186 
duties and powers respecting manufacturers and their licenses.. to ot 
1038 21 
to prosecute manufacturers making false statement........... 1034 2193 
103 2197 
duties and powers as to merchants and licenses................ to to 
1037 2202 
to prosecute merchants making false statement............... 1037 2204 
duties and powers as to peddlers and hawkers—See Peddlers and 

Hawkers. 
provisions concerning railroad ticket brokers— See Railroad 

Ticket Brokers. 
license to runners—See Runners. 
duties as to licenses on street railway cars—See Street Railway 

Cars. 
must approve and countersign licenses to sundry vocations or 

EEBUIGLGS VOL peer Bite ee ee Dor Vee ws oe De osule deaiabis eee re 1053 2278 
to keep register of all licenses transferred or assigned with his 

Meh eh ge £24 0 a Wenn Spa tae y Ug OR In eee ee 1053 2278 

. 4 ; 2 : 1053 2281 
duties respecting licensing of pawnbrokers, theatres, intelligence ms re 

offices, junk-shops,. SHOWS, CC. ....... cc cccenrervcsccvcces 1054 9923 


duty to collect penalty for failure to pay license...........-. 1054 2285 


12 


v 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


LICENSE COMMISSIONER— 


now License Collector—See License Collector. 
formerly appointed by (Mavor es che teak s he eae ae ee ee 
office of, extinguished by State enactment and duties and powers 
transferred to License Collector—See note and reference to 
heading ofA Chap. a BO aor cpa oon sete 8 tans eae eee ee ee ee 
office of; created. [superseded section] )..".. se ko a che ee 
appointment and term [superseded section]: ~.. 2...) sts ele «oie 
all licenses, except, etc., issued by [superseded section] 
application. for license towtsuperseded |... 2 hacen bee tee eee 
payment of license prior to issuance [superseded ] 
revoking ‘license’: by iiisuperseded Fy ie fey cis ieee ce eee ee 
record and classification of licenses [superseded ] 
duties of. [superseded ine Se eck Aa eee et cor ees ae 
superseded section transferring duties of former Collector to 
former License Commissioner 2a. (ou pwre., etewle tite elena neon 
Lo. prosecute (VIGIATIONS Pw ale cs ele is ee ere anaes aren Vee Gane ere 
salary. and bond wl | Superseded:] ois mic eine eee cee ee 
employes, appointment, responsibility [superseded ] fete ns Meda RC Roe 
salaries of employes of [superseded]................0.0ccee0es 
where: office located [stperseded sek ail eae ee lee eee kee 
when ‘act. effective: [supersededs ] oo) Wea eee eee 


oer eve ee 


ooceeeevre eer eee 


eee eee eee ee ee 


LICENSE-TAX— 


See Licenses. 


LIEN— 


See Special Tax; Streets and Highways. 
on property causing expense to city by violating building laws... 


on’ property. for, ‘expense, abating. nuisances... o.% 5.00. esse eee 


on: property for “repairing  SidG walk we.) Aivocs 6 eee ate aie ote ee eee ee 
On PTODECLLY “LOT PSP Tiel sa Se eee she a eee ee ee ee Oe ee eee ee 
of. Collector's "DONG Aiea eco een ells vce aves ete aches © in eine nem 


LIGHTING OF STREETS, PUBLIC PLACES AND PUBLIC 


BUILDINGS— 


See Supervisor of Public Lighting. 
duty of |SUpervisOTMOrehuDuGe es hein gi hts ees wre cme meal anes 
apparatus for, controlled by Supervisor of Public Pas ntine ens 
Street Commissioner has charge of lighting and cleaning of 
DUDIC? VAM PS ig ee ole aortas a ee oon oe olislcol ln ayia tale alle ue eRe aeg RAUL eR 
interference with, in any way, or employes attending to, is 
MIS CMCAT OM ae ee le ia din’ a raves MUP beielae te ipa eters welt orate enue ee 
injuring or interfering with any apparatus or appliance for, 
MASCETIGAT OF ip lee sain te aoe s soe hob us phate cette tape ioc ain tn yen ale ines Sete 
Board Public Improvements to light designated streets and public 
DI ACCS cae ese eats ane aoe be Pa eam Wests ah aleve a aca ta: gmt gaa teE RU et een eater aes 
hours of lighting streets, contract cost of additional lighting... 
district for lighting streets by electric lamps, etc.............. 
character of light in district, units of measurements, definition 
Of TETIMNS WSC Oe ree Bete a eng tine Matas he eae te at etcay wa Alea arlene 
contracts for are or incandescent, and refractory mantle lamps 
tO De Separates LELIMS ONS via ee som err eesti eo eae era ee eee 
payments OLA COSt MOL NOW Wide Maia placaute of cutln nrn Oe Rene octane pamela ae 
contract for, what conditions and rights allowed.............. 
contractor for, right to supply power to private persons......... 
contractor for, right to construct overhead wires, conduits, etc. 
lighting of southernmost portion of city, what lighting........ 
same—contract to contain certain provisions.................. 
same—what contract to contain and how let.................+. 
same—lighting South St. Louis, hours provided............... 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


PAGE. 


868 


1018 
1014 
1014 
1014 
1014 
1015 
1015 
1015 
1015 


1016 
1017 
1017 
1017 
1018 
1018 
1019 


791 
791 


975 
793 
811 


794 
794 
794 


795 


795 
795 
795 
795 
796 
796 
796 
796 
796 


SEC. 


1509 


2104 
2105 
2106 
2107 
2108 
2109 
2110 
2111 


2114 
2115 
2116 
2117 
2118 
2122 
2125 


219 
655 
656 
905 
1080 
2289 


1141 
1142 


1945 
1153 
1236 
1156 
1157 
1158 


1159 


1160. 


1161 
1162 
1162 
1162 
1163 
1166 
1164 
1164 


> 


Satine 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1239 


Index to Charter and Notes, pp. 463-542. 


| Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


LIGHTING OF STREETS, PUBLIC PLACES AND PUBLIC 


BUILDINGS—Continued. PAGE. 
same—contract, how awarded, deposit, bond................... 796 
BTL ie OME RW GLEN. al tceghe rate dw cole oles diya cleo a discard wlan edt sic wisic saa x (97 
same—on termination before lapse of time, to be re-let, etc.... 797 
TIT ore OT een ca eet eho a oe a Lee va Se 19% 
erpene Gy MG ag Sc Vick Pe Feb) ae LES GME ep gp Ade « a RM RR a 197 
ordinance in lieu of Secs. 1171-1176 of R. C. and covering 

same matter—See Ord. 22878 in Appendix................ 1147 

= { what public buildings to be lighted..................00. 797 
mae | Board Public Improvements to light city buildings...... 797 
2A | contracts for lighting public buildings, duration, terms. . 798 
a” { separate contracts for each district for lighting buildings 798 
rey | Hoi OL, measurement ehtine. bulldings. .....06...0. 6.06% 798 
26 Honds tor contracts: to, lignt: Dulldings fis oe. ee ack es 798 
Ss | cost of lighting public buildings, from what fund....... 798 


municipal lighting plant to light City Halls, Four Courts, Jail, etc. 798 
municipal lighting plant for Insane Asylum, Female Hospital, 


TAC Carer er Ua ahr ee a We tens eta cas ta 5! ae he ola eee) Siete ele © s 199 
Board Public Improvements let contract for power to light 
public buildings—See Appendix Ord. 22878................ 1147 
Board Public Improvements to prepare ordinances for.......... 968 
LIGHTS— 
See Red Light; Danger Signals. 
electriGzangd £45 1n) TNECALTES coc. aves ieue bee sp Dg ce Re A eee lee hae 601 
DiMPete ie) Tee ae Ole) orien ean ata MeL et, Cadets. a5, x (eran e s.eie eels labe me 612 
TOMB IeGe Dit DIT eit TOC OLS Le vametn cers) aii’ © oes s, A aurteraland sls. fo Sera ocs 858 
: y 881 
POT Pee ACL CEEIT) Cd VOSA, tens Pe eee Clan ht Seas’ cusietsode ab is oe w, Bel ere Obl wa) bate 1 939 
amendment to R. C., sec. 1822, by ord. 22673, in appendix........ "1156 
OTST GC re ne ae eee ee ee at 5k ota ai Wie? ole OTP awn el eted'h ‘orm 951 
fala ialitelne. on sireeis, permission Of Bo Pe Leics oc twage ee eess 973 
LIQUOR— 
See Intoxicating Liquors. 
LITHOGRAPHERS— 

1051 
provisions and regulations as to ficenses.........-+--+++esee:s fi ned 
CECTETIGELINY RARE renee ee nmr tee Rent. aie 0s a's a biel n, w ediee ate el sila e Sint'e 1051 

LIVERY STABLE— 
Ase eI LOR PALO alae ce cite ers. tint tsileun oie vie ne Resid a aha 'e 6.4) 0 19 tin oe were er 
Walter closets, vValllts: and PTiVices IN. . pees. 8k sie eee ee ee | 691 
not be opened or operated without obtaining ordinance....... 1 ti 
decisions concerning—See note to Sec. 625............. eee eee 704 
not included when, in article on Sales-Stables, etc.............. 1047 
LOADS— 
See Buildings. 
to be carried by soil in buildings... .......... cece wees cree 568 
Geflmition DUS VOR AIG COAG Sutil. Pulse nte chery c ea ee oie 6 wine epic cio gee 592 
how distributed on floors and roofs............ cece eee ee eeeees 592 
in different kinds of buildings..:...:.....c..cessececsvereces 592 
Orie COLUTIIIS oe rs aires VIR te tete his ok a Pivkelehe occ nls wig se ean’ a a ale eis Mary 593 
et teabesGyy ee we ei Pb GA nk Oats Regie a a EO aCe ! ore 
Cris DEEL Gae ae ee ete a ee erie oe oy clwicle vial elakis 0 edie wile 04. galego 594 
factors of safety and allowable unit stresseS.........+++.-++++: a 


of coal, measuring and certificate for.......--- 1s eee eee erees 


SEC. 
1165 
1167 
1168 
1169 
1170 


jibe 
a Bi gl 
1172 
1173 
1174 
1175 
1176 


1177 


1178 


1913 


197 
225 
1445 
1556 
1822 


1864 
1933 


2270 
to 
2285 
2271 


225 
d71 
576 
625 
626 


2256 


75 

173 
173-174 
173 

178 

179 

180 
eee & 
2558 


1240 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index xo Schem2, pp. 279-286 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


LOANS BY THE CITY— PAGE. SEC. 
See Bonds. 
temporary, “to. provide. for judementy.. yee ee oe ee 1089 2427 
proceeds «-paid:!.into* treasury te ee eee ee eee ae 1092 2439 


LOANS BY PAWNBROKERS—See Pawnbrokers. 
LODGING HOUSE— 


term: ‘detined,: in building «codetaearcc tee wie wi. cle. ot eee 562 61 
term :défined in inwisance articlemweeas oa: ee ee eee ee 706 629 
when, must be first: class) pulldine iin vee 2 a ke ee eee ee 563 63 
area (load «permitted. In; Construction ye. wets oar cae ee 568 75 
vas! 3 574 103 
thickness: of ‘rwalls Ines ocak. eh eee eee eee oe es reg ee { 574 104 
oie t Beggs 107 
partition’ (walls. Umby: .cihu tiie siecle ue pane Heer ae alae pc enh nen tee 1 575 108 
fire-StODS UN WALSH OF oa sis ke aye nak dia 2 are Gece aiken tat tek ee een 575 109 
how «plastered ey en es wis mate cece ola! solders lento ec ere Sean Bases bee ee ae 576 ED 
SEQIT WAYS © 100 sc i oie ibce ie ee Bal on cory Rete et Reel ty eee een ee nen ee 582 137 
: 583 1388 
fire -esCapes C1. i ccite clase, o cv eadhn ed eRe Oe Te Ot et Sete nee CaS cae 596 189 
, 597 190 
gas Txtures: (10). oh ssi sates ole etal orice artes ae eee A ae 590 162 
watchmen to*euard -against. fires imps nine eee ee ee 597 LOT 
alarm i beliine:* sect ea she loio's: 5 Epa be th lon eee toledo eh eoeitreie ecknl ees: te cme 597 191 

keeper, proprietor, lessee, etc., failing to observe fire-escape 
JAWS? OUCare E eh aren © elere ents ie ap ta ey Saat nen eT em Co 598 193 
height of rooms, ventilating, windows, etc., in................ 598 194 
when considered nuisance, how maintained....................6- 701 612 
Conditions. of CONSTrUcliON POlva 7 aarti. ena we cei iene acceler, 702 613 
to. provide: Garbaee DOR cette wots ies aes ioral Gera er ae ea yin be 687 
removal of persons having contagious diseases................ 735 801 
WaAtereTaAtes. "L1G. «Wate Gels eieerctt Ba ctee ened PINae & fat asta Ohh nat ele ane ae 1103 2487 
defined “in> water-license -artiéle nt. seen so). ee eee ee 1105 2490 

LOTTERIES— 
establishing, aiding establishing or advertising, misdemeanor... 875 Ldeo 
decisions on: “See; Note sto sec 1s5 ve. 5 tos. sw eoete eee eee 875 
selling or. keeping, .ete-..tickets’ for, prohibited.) os. .ea0 eee es Lo 1534 
letting: ‘of premises ‘for misdemeanors. ss io. t= eee eee AAS 876 1535 
LUMBER— 

Inspector and Measurer of, appointed by Mayor { abe ee 
mappOinted? DY Mayra. a ctceicten ite 1129 2591 

appointment of Inspectors on recommendation of St. L. Hardw. 
: and: Dumb; OMntrer Se oii. << st) ly s 4 do teeta ar eaten eet eee 1129 2591 
ligenses; and. bondsof *inspecvote col sc. 4s «os ck one atari ee ee 1129 2592 
inspection: and *MeCasurine sol gAsewad «sce beet lee Ocean Oe ee ee 1129 2593 
TeVOCation. OfsliCeNSe OL Sy eee eres fate oa ci gs wie sale oneba cree ee meee ere te 1129 2594 
articles subject to inspection where landed.................. 1130 2595 
certificgate..of).MeasiremenGw On aa © sieves cies eon ig seeker ee ei emiaae rene 1130 2596 
Inspectors not to buy, sell or be interested in.................... 1130 2597 
fees. of: Inspectors . tines eee tos eee le oes vo cis Op ee eer er eee 1130 2598 — 
penalty acting without license or violating article on.......... 1130 2599 


LYING-IN INSTITUTIONS— 
See Midwives; Hospitals. 
new ordinance regulating. See ord. 22998 appendix............ 1142 


M 


MADISON COUNTY FERRY CO.— 
See Ferries. 


MANHOLES— 
connected with electric wires or conduits, etc. See note to sec. 
10980 SERS OER LEE, oo nL REC a ete ete 778 


ee 


Ss ee eS ee. ee oe ee, 


a 


oS ee ee ee 


ea ee Pee eee ee 


‘thnitey 


= 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1241 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MANHOLES—Continued. PAGE. SEC. 
781 1099 
PETIA PE Oe Mig RN At Pies Viste fd lg Woy oe CG ERA A cee bolo bal 781 1100 
783 1105 

decisions on manholes for wires, etc.; note to sec. 1105........ 784 
for electric contrivance, penalty for removing cover.......... 789 aa 
registry of persons authorized to remove covers, etc............ 790 1134 
tobe euarpen how, electric companies. oo. 020. fe oh re 790 1135 
VOVGUemONmuroperinit Los WOLrk av, * Ctr wi .i5% sc lk ee eee. oe es 790 1136 
er Ae MIC ORIG OAUG Porc (orc feoar n'y » dakelle bs oa ba belies Lape ceeul, 790 1137 

MANUFACTURERS— 
MESES oe oot Sh tk SNA SN ak A eee a CD in OE ee ieg ea eA 1032 2184 
emer mren neue AmouUntOA Let ee eS, oo eee ke et Vi Fone) 1032 2185 
violation of article concerning, misdemeanor.................... 1032 2185 
statement of sales of licenses when payable....................6-. 1032 2186 
Bima eUL Clete en VAI tanta ty oa il ge sues Woh oe tae ee ee On LY L033 2187 
SOC ReMR PMI CELINE LON etes Uren TaN Soe ul yh! oe a8 ed WEA PE RB en A te 1033 2188 
Pita ee CO COC PEW LIP CUD) OLE ath fete hae oe eek boat oy, 1033 2189 
OMe LC ONciLiOis, et OFTelLUure:> Sales) CLG. rs ol wo oe eds oea ek 103 2190 
account of sales!open to license collector. ........2.....0.3.. 1034 2191 
Mayor, Comptroller and Municipal Assembly may inspect returns, 

ep pe Ao os eee, oy aia goles 8 RR Ae AR A A a a 1034 2191 
penalty of, for failure to make statement....... Miser ais tebcatets be 1034 2192 


MANUFACTURING BUILDINGS— 
See Buildings; Factory. 


MARKET-HOUSES— 
See Markets. 


MARKETS— 
decisions and references of the powers of the city concerning. 
MOUMIOreaLOuneriiInerOLAC Aly. LG tre giertstelais clack lea Sway wlete 851 

ROC ee eet eG Le Var Neel Cele thet nal, er atts 2 a ae § 4 ble bce, hve elo a oka a gC aoa 852 1415 
pe ACT IMECL Mm RTT TOT VIA TICOL IN Mista piste eee ods ccs ole coca tle Seibel gel t 852 1416 
MiP RIM PSO Leer NAT Otte erin ekgre ase ald iskeve aokte Mie eke (b social aferacte lewis 852 1417 
Bite rem SOL Lee EERO y viene ea a ose veh cie aes cra sieicteca Lalathte aledets 852 1418 
Comptroller to locate wagon or market stands.................. 852 1419 
RUAISELOT MELO EIU CLOLISMSIOOWALICS cate. a kieie foie sleet stators dtc w wteloce atetle 853 1420 
iinersporv0ons. show: used. DULCNe?D Sstallse. 20% Fo dees ok eee bes 853 1421 
rect ee CORDELE WW COM hall fects seta a) tls 5. c°8, have oe Wis dager dievatal's ale Veecalea ® 8538 1422 
stands for sale of coal, wood, corn, hay, oats, straw............ 853 1423 
BUACOMTCORE VOU TOLMIA TINGS mW aeOUS SAL.) + au cis a is aie oso 'ss cw hele eres 853 1424 

stalls at, not to be occupied without permit from Comptroller or 
Pelee Cee ea ete ee ete le EPA ete ein acy a G's fers ao eiths aie d aad 854 1425 
stalls not to be transferred without Comptroller’s permit....... 854 1425 
time of leasing or letting stalls at, by Comptroller.............. 854 1426 
conditions of letting or renting stalls at. ee. eee eiete sates se 854 1427 
rent of space at, how paid to Comptroller, forfeiture, etc........ 854 1428 
VACAT ta tie tiss tet emiiny We Pe TLC OL ed pei et iste cia aa o's aie ks dah ssa W e's, 855 1429 
TATINGES TOV eer eared ILLred = GOs ay PLECO te oa eae te ate eh he Ao wie en's oh 855 1429 
leases subject to cancellation by city on notice.................. 855 1430 
leased, for’ stalis.s woe, SCCUTILY | FECULIITE? 6 oe G vcs eee tees scenes 855 1431 
contract for stall or stand, Comptroller may cancel............ 855 1432 
when Comptroller may vacate and abolish stall or stand at...... 855 1433 
854 1428 
BLall (ANd SBIANUe LOT elie aw etre a. ek: = aitis Aon. ¢ Sie aels dma eed & cp are 
| 860 1466 


Market-masters of—See Market Master. 


856 1438 


858 1447 


856 1437 
PIganine. GL. BUG OLYMArHO LT NOURCH Tes we veldis ah. blue ais tie x ste SSeS 


weighing at—See Market Master. 


1242 IDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


MARKETS—Continued 
hours for keeping open, and days......... 
lishts\to 7be “kept burning ein cee. ee 
time of closing, how announced........... 
duties of lessees of stalls, on closing....... 
butchers to clean up on closing stalls at... 
putchers to paint stalin. 4) aaah eee. 
to be supplied with hydrants............. 
sales at; must) bev during hoursice- yee ee 


regulations for sale of meat, fresh or salted. 


stalls outside of, may sell what...... Sein Vy) 
sales outside of, not affected by sections... 
sale of diseased live animals at, for food... 


6 @ 66 © Be 86 OS) 6 Shee of Sw 


wilde \ )p) erie) 8 04.6. 6) 6 ees oNeene 


eo S/o" 0? » ‘oe, ©) 26) 4 ema, e bs) 2) 0 


D>, 6 4) oo. ce! 4. 0) 6 ie yeee wre) © 6: /e 6.6 


ee | 


5.0 (9. ere! 610m 10/6, SO e Le 8 @ 6 ere 


Cte) a6 © © « @ 60 (0 6 seers is) ere 


Case 0 @ 8) (6 ‘a0 6, br Se) Se) Be ee 


oc eee wee ee eee ee ewes 


oe eee eee ee eee eee eee 


sale of dead animals, when forbidden for food—See Dead Animals. 


sale of unsound meats, etc., prohibited—See 
penalty for sale by lessee of unsound food. 
animals not to be driven into, or slaughtered 


Meat. 


ose e eee eee ee ee ee eee 


at, market. places.. 


nauseous or filthy substances not to be thrown about............ 


vehicles to be removed from, when....... 


oe eee eee ee ee eee eee 


refreshments, but not intoxicating liquors, may be sold at........ 
butchers to paint stalls as directed by Comptroller.............. 


fires in, prohibited without permission... 
idling or lounging about, forbidden......... 
intoxicated persons not to appear in....... 


dogs and dangerous animals to be kept fr 


large animals to be sold in, where........... 
butter, lard and honey, how sold......... 
what constitutes an exposure for sale in. 


STroundS s1OT ORLEILUTEM OL StALe ie ee eset 
Application Jol Carticie Olly ee eee ee ee 


sales grocers, hucksters, farmers, gardeners, 
LATIONS. Mie ce lecVere aisha sen eal Ser eotere tale Se ioig 


ee!" @ 0) ef es) .0 » ele, e) 6 6, 6 6) Cae 


abie\sp ish le pels) sivas \edshe Hehe lelgela1\s 
eleiha tala petolioy «seme cbetnt sr ebepets 
OU aay ne cus geh cet ete ee atete 
silat aplneeesipiion al witewade, ‘ouelaite ke 
diel axel ene 1s Nepienel ouer eho aielie 


oer ee ewe ee eee eee we eee 
©) OY Wi 6 6: a, 6, te “Ole 0 pat tm iw (Blye\'ey 8a 
6 © s! oe B 6 © © @, 6 0. 6 o's © ic se 6 


etc.; further regu- 


shanties, or independent structures at, Comptroller to forbid.... 


what Structures prontoited MAU erat’ «ate 


Comptroller to exercise general supervision over what market mat- { 


ters, stalls, rents, wagons, business, etc. 
new rules and regulations to be painted and 
meat shops at—See Meat Shops. 
public horse—See Horses. 


MARKET MASTERS— 


6 1a be 5e 6 6). 6 le oF ee) @) Bie 16 «), @ 


o's «ve 66 je) a 'é\e ele. '¢ ol 2 8) @ 06 


posted 3 sees 


to cause arrest of persons injuring or stealing certain property.. 
to enforce provision reserving space between vehicles and for 


TATMOTS SWALONS vi. nee eee Gee es ome es 


DELM1CS ETON, crac eos ake 6 Vin Ie Cd Bil on ks totem tee eee ae 
appointed iby tek Mayor re cerita craw hulls s Sri. fo taunt Clore eis 
salaries; SsupOrTdinates; « DONGS eee seus site ewe coe ee eee 
duties:of insweneral <7). oe ic eueie See a pM’ eva: c aetna gan Bre ree 
have powers to enforce all ordinances, rules, etc., in market 

MATTOS Pcs he ha laha. dic! ereee eee eet uaatts os 4 ak aus re eae pear oe Seco tee 
under duty to enforce all market regulations.................. 


superintendent cleaning of markets, may use 
keep market-houses and places clean, etc. 
to keep scales and do all the weighing... 


City Water, ce. eee 


@-e/\e \s,'e 6 lp (ele » 0|"e es 8) 0) 8 ele 


re 


fees for weighing, penalty for others to weigh.............. 


seizures by, when permitted............... 
sale of berries and fruits excepted......... 


oe eo ep © @ 6 © 6 64 we aie « 6 0 


0-6 2 © @ 6 @ 0 )8ctl/en6! eo fe) « o's 6 @ 


may remove what persons, shall be special policemen........ 


shall arrest what offenders violating chapter 


647 


853 
854 
855 
868 
855 
856 


856 
861 
856 
856 
857 
857 
857 
859 
857 
857 
857 


366 


1424 
1425 
1434 
1509 
1434 
1435 


1436 
1471 
1437 
1438 
1439 
1439 
1440 
1453 
1440 
1441 
1442 


ee 


Ss = 


‘ 
7 
’ 
. 


wes “igen ye Tata 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1243 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MARKET MASTERS—Continued. PAGE. SEC. 
RU RPO TOMES Me TORE e TITEL Cee ob oak Sie as cl a ae ke Pe ee te eee eae 858 1445 
may direct where refreshments sold at markets................ 859 1456 
fires without permission from, prohibited...............¢.... 860 1458 
to direct where large animals to be sold.................... 860 1462 
of.private markets governed by article on markets............ 861 1467 
to post printed rules and regulations, when.................... 861 1471 
of Soulard and South Markets, to act as weighers............. oer bee 2561 

MARSHAL— 
duties where wharf obstructed by goods 645 361 

BOOGE.na. 5 oot delle eek 646 269 
to enforce article against importing paupers and insane poor.. 750 870 
sale by, of buildings on property condemned for highway........ 768 931 
933 
duties in case of obstructions in highways, streets, etc.......... 769 | 934 
33 
Semi cong. ations, LO 1. O11CG:- Court "Dy, eOtGeo. ba) eke ee cae 823 1281 
summoning jury in Police Court, when disqualified............ 825 1288 
payment of witness fees by, in Police Court cases.............. 826 1298 . 
enforcement of Police Court executions by...................... 829 1308 
takes defendants to Work-House, when...................... 829 1308 
makes what records on taking prisoners to Work-House........ 919 L751 
produces defendant in Police Court, if he appeals after commit- 

AILEGT Us eoe LACUNA OO cls eta na Shea tag ais'C tars: als) 4 a oe os Mitte sipestannte stone he 829 1309 
when State laws concerning Constables apply to............... 830 1314 
to make daily reports to Mayor of all fines, etc., and proceedings 

Te LEE FOUL ae ee eta ort nes ln eee oo Cae shed See ee 830 1315 
to make daily reports to Comptroller of fines, etc............... 833 oo 
MID Verne NeGlss aw UTORGH BA TOLISLOL. oy aa ciaichc bw eles bie a kine, mew hae's 1040 2213 
to arrest hawkers and peddlers without license, or violating 

ee Teenie Mery a tera ctrn g ate a ais aa a kro e\p doe ee ele ws cath w ears 1042 2226 
may inspect register of second-hand dealers.................. 1058 2300 
to issue writs for Police Court South of Arsenal.............. 832 1321 
Wales iw aL OLEUvROl Pine PETICLal of s,s cress Peete ds oc ck 0d Cale 833 1329 
lelapriay: tate ae Ao Dk UAL el aba ede oar eee CRP a ae a es as 833-1830 
SRR R UTS ang! iba veet tad aR rt Ree wit CEG GAGE. ASE ey SAA kd 833 Poon 
to serve process of Health Dept., Law Dept., Mayor, Justices of the 

Eee ITED SC mI LLCS Stn fe his itee ad chun a a idie'e cass k wiatahe se’ eres eines 833 1331 
deputies of, appointment, powers, tenure, etc.................6. 833 1332 
AREY PGE MeALT IC Pee Os JULES cere ee te Cote ta ena se alee sie cider aiels ple sd dle Sistas 833 eon 
LOMUTINS ene Onenuers. abs MArketsy WHEN. ke sc ee ces wes 857 1442 
rights and duties as to inpounding cattle, hogs, goats, etc., selling 885 we: 

eee Mee I ee te a. A ISA fea ed wc a iene areca Rislk'd eels. GK Roa 1581 
C11 Gee BL CHEPE Ver sO LC i ccte en Euler has hie e Lah a\inue’' sl albuMiy o:¥ se) 6) iM hse 885 1580 
TT DOL AL LLY ats Cece cena stats, Wels ot cist vie ahs'atel ge d’ec nn 8 ae eats 898 1642 
serves subpoenas from Council in trying GLICOLE ee alkiah es cine eet 910 1700 
serves process for Board License Revision.....,.............. 1016 2112 

MAYOR— 

TG VSS ie OL ere eer, a rete Ee, NN Rie ek a kha al wk dS igtelie eee 0 548 2 
to assign room to commissioners of charitable institutions...... 913 1716 
member Of sDOard. ieee Mer ATL OM USGUIN Tees boa vinta aud we aalahs, dhsini 549 6 
when may issue search warrant for explosives................ 552 24 
DOLMIL LOY CIBCURTERe Ul CHE LURE DY ones tie aire» Sviara eats See ha wa we 612 228 
BOLIC Co  CIREDAT Gs UTReWOTHEr GLO nie wisi site Re tice Sho wis eters meipler wed 612 229 
to order election to fill vacancy in coroner’s office.............. 615 242 
provisions concerning burials and coronmer...............eeeeees 616 249 
WSOLALTONE )LO1 EF Urol ODEY LLOGN Gascie eae easier str wlalais Aaieieacn Aerie ura 626 289 
to approve claims for damages caused by Fire Dept........... 629 302 
may hear and decide appeal of Fire and Police Telegraph men.. 630 311 


When RULHOTIZEG | tO. ISSO STOTT Y | LICONBG bia. s sic.i se a iv vide whist y ei wo 659 418 


1244 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Indes to State Laws for St. Louis, pp. 225-256. 


MAYOR—Continued. PAGE. SEC. 
when. may: “revoke: -ferry licenses .7:7.. 20... ee eee 659 420 
shall ber presiding officer. of sBoard of Health. whi. s ae ketene 662 437 

p 4 : b 706 633 

power of, in case of epidemics, proclamation........:......... | 867 1501 
how dispose-of non-residentinsanee, ..u.s se cola cs Bee eee 729 762 
obstructions “in~istrects; Veta Ww proceedings ou ie la ce eee 769 Wade 
approve rules for use of water-plugs for street sprinkling...... 770 1072 
when may appoint Justice of Peace as temporary Police Judge.. 815 1262 
to designate location) Second. District Police: Court. acf00+ 210.9 816 1263 
may take bail of persons in Police Courts, when................ 822 1275 
may stay Police Court executions—See note to sec. 1308...... 829 
may remit fines, penalties, stay execution, etc............... ' ne vee 
duties respecting officing Justices of the Peace.......... Sean 832 1324 
process: of; executed byaiiarshalw a4 een kik ke eee 833 LooL 
to designate room in Court-House for Jury Commissioner........ 834 13834 
may; require City -Attamey \towactsmwillen 0 csc). antes vine cene 836 1839 
action by, necessary before employment of Special Counsel to rep- 

resents Cllye Gat tae hae St Ghee bach Sasa ale Re ice te 842 1374 

: ; : : 866 1496 

proclamation notice for special session of Mun. Assem........... { 844 1379 
proclamation for special session of Council to try officer.... 909 1695 
proclamation of election to fill vacancy in Mun. Assem......... 846 1390 
notice of special election to fill vacancy in elective office........ 909 1690 
proclamation of election to fill vacancy in Recorders office.... 1003 2050 
action of, on bills—See Ordinances. 
may approve vacation of stalls or stands at markets.......... 855 14383 
SALALY’! OL Fe sieeve de aein ye ats eco ae, Me Tee ae cerns Tal ese Snes co uct nes 865 1487 
no deduction from salary because of absence of. See note to 

BOC, ALAS Tacit tet cae ee MEL bee rss ee a ee ee a 865 
Secretary, Assistant Secretary, Stenographer, Page and Janitor 

of,—-Tenure,. (ete culde edi neh sled Paes bee'e x etatetedh ore o/ aac eke oe eae fe 865 1488 
Same—salaries” Of -MAyOris s LOPGG sctayrs vs.e bos. 0. 1s sis es eeeeteie ai meee 865 1489 
to convene Municipal Assembly, organization of new Adminis- 

EE ARL OW: 6p iy shes s RRO TET OREIETTY SIDE APs bs “cS “6, St onlge to Palate Pein Ne ated ten 865 1490 
Municipal Assembly to determine who elected Mayor, and give 

NOTICE; INStaAllatiom yc eel ee eas eee fae o Fc oc St iene PRGA ee 865 1491 
contested election of, in Circuit Court—See note to section 1491.. 865 
installation = OF is es AA ee leat ects see wi cr'e cade thctinne Ramee rene nar ereters 865 1492 
duties? and. powers OL: Ucicent erecta cut 56 sche bg etereraUn ole area een onan { se Pee 
to see that ordinances enforced, may remit fines, penalties and 

forfeitures,” etGyt.e5 tee eee Pris sien ah een eeeeee eee ae ee eee 865 1493 
messages to -ASsem DIY -2rerarae ett sote acko'b nce 6 hee eee ne one eee 866 1493 
absence or inability to act, who acts for Mayor, compensation 

OfVACtinig Mayor fa rs cael ia eo lv a. veo te NI ee Rn ee 866 1494 
removal’ -of; who ‘to: act ass Mayoresss3 ss 5 e'< dcieaeter coke eves { ate ee 
general power of supervision over city officials, adjust differences 

batween»s offitials yoy 31k e eee berete ais ook ken & le canoe et en 866 1495 
to enforce contracts, cause legal proceedings brought.......... 866 1495 
call special’ sessions: of “AsSsemiblyen ic  ... © scys + «1c uvinde Galatea veueie 866 1496 
staying of fines and executions, penalties, etc., see.............. 866 1497 
may require renewal of bond to city under ordinance........ 867 1498 
same. of ‘bond /of: Officials weeny + patties oe 0c) brats genteel « eae ements 907 1680 
on being served with process, to notify City Counselor........ 867 1499 
power ‘of; as) to- nuisancess. . eee is waiters cla cy oi diesn shage ts Ola see eins 867 1500 
nuisances—See Nuisances. 
power to larrest*-or scause! arrests, when 2.) 1. five wena wn weeieies 867 1502 
powers ‘to. quell: riot; ‘call. -on Veiuzens 2 oi 0s'e'oi. see le ee eee 867 1503 
powers as to secret service, expense how paid................ 868 1504 
secret. service fund, ‘assist DaAUDerSeeGLCy o.i0.°0s).)- nw ees 868 1505 
to approve all city bonds, also constables’ bonds.............. { ne ome 


to report violations. of: duty by. officers) to Council... 732. o22he 868 1508 


gen ee ee a a ne 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1245 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MAYOR—Continued. PAGE. SEC. 
to be one of Board of Managers of St. Louis Industrial School.. 869 1510 
charges against by Council, removal of, proceedings, trial, etc..... 869 1512 
election proclamation to fill vacancy in office of................ 869 1 eae 
BUCCI IO MBOLeR Ete LOL May OT, * WOOT . 604-28 «heh acces vag de so vee els 869 1514 
to grant permit for carrying concealed weapons.............. 879 1549 
to give consent to bill-boards on city property................ 887 1591 

. 887 1593 

LOseTaAnL oper ot LOT, any. snow. or exhibition of. ene. te. Ses | 887 1594 
890 1606 

WAveerevORomruGwe Ore exhibition licens@ si. eies ness va ee lees 888 1596 


relations and powers as to Smoke Department—See Smoke. 
member ex-officio Mullanphy Emigrant Relief Fund Board.. 902 1657 
when to send to Council his appointment of officers for con- 


NTT M a LE ae 9 BOR “at eee) ER ee eee! Se ce ears ania mM From 907 1685 
UE TATION vOPO UL AUSCICO. 0). «ie. Fcrwe oie oa asaj ete, soa yea’ do elanaie ak Sie selaid 908 1688 
rights and duties as to foundlings—See Foundlings. 

Saree eam TEE: COTE ia) LOOT Se eect avn ora Srctata vel ei theiel'e dag atcha a eleie as, aees 916 1735 
may control Superintendent of Work-House in treatment of un- 

PLE CU TOL eee cl ae Ce CELA Us ote voted dns dha Vatdeeyceusd J Glas orth t epene 920 1756 
to be notified of escaped Work-House prisoners................ 921 “TDC 
may hold or permit intercourse with Work-House prisoners.... 922 1762 
approval of, for working Work-House prisoners on public work.. 923 1770 
duties with respect Board of Examiners of Plumbers. See Ap- 

Te pare he © ORM Nat he Pee EL Ok Gell OR UP eee ue mne Bee. ral Bases ah eterctel da 1150-1153 

_approval of actions of Public Baths Commission.............. 931 1804 
certificate to, of applicant for Porters’ license..............--. 932 1805 
1Orapprove selection. of ‘standsifor vehicles: suv. one ss vis ob oe me 
report to condemn use of street railroad way to use of another ¢ 964 1896 

Bra set UVP CO eC ae EV Oi tetas Win Gea te a wt a. eg) ature o Winleahd abe | 964 1897 
notice to of surrender of franchise of street-railway............ 965 1900 
HUDLOVAalmUM CONT ACLS. 100 + INUSIC vil » DATICS tin. o's Osis nnd con.c eee o 999 2034 
Peale vOlLsaltina sand “OLLCT, INCSSAZES (OL. ca ware e's sluas ed's bse te 1001 2037 
may revoke license of intelligence office keepers, when.......... 1031 2182 
may inspect returns of manufacturers, for license estimates.... 1034 2191 
may inspect returns of merchants, for license estimate3...... 1037 2202 
mV Cis Dawn PlLOKOLS STERISLCr wc. gs cre ce'cc.k cos a ws vic co oe Seo tele 1040 2213 
when may issue special short license to peddlers or hawkers.... 1043 2228 
may revoke ticket brokers’ license, when and how.......... 1044 2234 
with State Auditor may require additional bond from Collector.. 1054 2289 
may order new election if Collector fails to give bond........ 1055 2289 
may inspect registry book of second-hand dealers............ 1058 2300 

ek fe { 1076 2373 
to approve formal contracts of Supply Commissioner............ 1 1079 9239 
to countersign orders drawn on banks selected for deposit of 

CUT aren) TV Cs cr er ga ee Ut CRS a oc e a Sie encei aie inveldacivs 1080 2390 


duties as to city bonds—See Treasury Department. 
may agree with Commissioner of Supplies not to receive bids of 


CRE Cen PED wet i ee hee RE I Th er aets hier th aia ieee. «os ce 84 3) le awe 1079 2384 

; ; . , 1084 2401 
appoints annual committee to examine accounts of fiscal officers i 1085 2404 
to certify claim, if Auditor and Comptroller disagree........... 1086 2410 
to order cancellation of warrants five years old................ 1087 2413 
to take measures where officers owe money ‘to city, etc.......... 1087 2417 
may examine records of auditor’s office, etc................ 1088 2418 


acts with Comptroller in protecting credit of city, and city’s prop- 
erty, makes temporary loan to cover judgment not provided 
TOT AL GLA AA aero ec ee re ee a ae Thee Gee ok cies wigs MS teal de 1089 2427 
and Comptroller may quit-claim property bought in by city or (1091 2432 
under lien to city, on account of special tax-bills, when and 
LOW er Sad cea alg ets be vib is a eee ble rie EN Oe eine we Cap yids © 


, 
1246 INDEX TO REVISED CODE OR GENERAL ORDINANCES. | 
Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. e 
MAYOR—Continued. PAGE. SEC. i 
pooks of: Treasurer: open: to) inspection Ofs..... sce. esse ee ee 1092 2439 $ 
with Treasurer and Comptroller to select banks for depositing city : 
TUNnGS, > ‘TELULATIONS c Grces wnat ee eee hea: Seer ee eae lei 1092 2439 : 
to*approve rules made by #Treasurere. aun. ac cee lee nee eee 1095 2444 i 
to prescribe seal for weights and measures...................6. 1114 2001 4 
revocation of license of lumber-inspectors, etc................-. 1129 2594 f 
[ 
to appoint the following under ordinance provisions: é 
Commissioner:of) Public? Bulldinese yc ee ees ne eters ores { oe Nor 
members ‘or Board sob AD PGals erie rere ae tans ck hate a RU aed 561 58 
GILY SULVEV OLS Re ate hee re eee eee ite Pekee ane teh UN ales al oe cen ne { ae sos § 
FACLOTY MNSPECLOT eesked le sis AL ee eee et es Oe ce a 622 276 5 
P f 662 437 
certain \menrbers Nor Boards ObmrenitDy wot he akan ee eee 1 868 1509 
City ‘Bacteriolozist We ae oa te mie oe nee atts sutetere tte mete anata anions 667 465 
? ; 669 476 
Ga hea arn ls cv ash ES) enema aie Sein ANE IE ME CoP ere Sh) Oe hy 868 1509 
superintendents of City Hospital, Insane Asylum, Female Hos- ( 723 rely 
Pilal Quarantine s er wee ee ae taal eee Bes ee a i 868 1509 
: RY er res 
Superintendent: of ).POor-HOluse ys nee ere ce eee a aoene wees 1 868 1509 
CIEYNSBOTESLOT Ss Si Vie idl oes ohohe evadions te we ene Cand can Reni eae eal ears 812 1248 
; : 819 1268 
Police’. Justices/*and (clerks. Aaa niee ieee eee eee rane an 868 1509 
Police Justice of Police Court South of Arsenal street and 831 1318 
ASSES GA TEY YS Oe OC Ths Bere screen ee fate te al Bev ale. O(a i ae 868 1509 
clerk of Justice South of Arsenal street.................. 831 1319 
attorney for Police Court South of Arsenal street........ 831 1320 
City, A LLOINEV ys cue tires tales aac cue ate ic alm, Gilets tk adt oes eee 868 1509 
: ! i hp Se) 1337 
Assistant City ADEOTTIOV Sy) Sareea hese ee Ah clay Sn een ee mr ae \ 868 1509 
ASSOCTATC CITY ELOPI Oy etree Telot ore scn ks raiiic tpt ei titer ae A ae ea 837 1344 
Cita OUNS CLOT ieee es Creel ede rete late. ns aisene. Wa eta dais nn en eee 868 1509 
‘ : 838 1351 
Associate City, COUMSELOTy Wier clio se is) carat olen oedema ce eee | 868 1509 
: ; 839 1354 
Second Associate (ity Counselor ye4 cde ace t eee ee ee { 868 1509 
: c ; 839 1356 
Assistant?) CIty COUnBe LOM mates iim coe. lena s oe ene alae en aoe een { 868 1509 
Market-Masters) ic ies mre micas ace Vee ea ene Cee eae oats 855 1434 
Street? Commissioner irewe mr iwe wie oct ey ae ee Svea nen ne 868 1509 
Sewer COMMISBIOTET ay aire eile eee is ek fase Wel rane enna een 868 1509 
Water! CommissSioneniyenitor ete) tit t/ oa) he a AER ahalls en ae aoe Ra 868 1509 : 
Harbor :and “Whart \Qommiss1oner ss). cc. isikW eet see elec aaet 868 1509 
Park) COM MISSIGHEE ee ma Wom aye ie acl oo s) Se ea Oem eo ne a pea 868 1509 { 
Gas: ‘COMMISSIDNGT Fie saad courts cate F)k ha cl ci Ne ae Sates oN i 868 1509 f 
TLAcenSs ee)! COMMSSIOTMEL ieee teeter ate sen Ciclo oral circa an Ramee cat anes 868 1509 i 
Health, Commission erree ec ee cake ee Se tae ee ee 868 1509 : 
Ae ‘ { 868 1509 
CoOMMiIssiONner- OL OU DP eben vite ese ee ais oi poi ees ig ) 1077 2266 t 
Commissioners of. Chariraple institutions: «0 soon ee 868 1509 
Vt Ut a ae 
Superintendent of -WorksHieuset eri. vA oe Sen ee 868 1509 
Superintendent of House of Refuge or St. L. Indust. School. 868 1509 : 
Superintendent of Fire and Police Telegraph............... 868 1509 ‘ 
Assessor, andCollectors WaLeran nares. (s ct Pe aa eee 868 $509 | 
PATO sy op eal i Re Cenc come he pea ge a aa ae 868 1509 
District: ASSESSOTS I io Bucs tite ete ia eta aT ik, Se SO SON een 868 1509 : | 
Chief Fire’ Departmientirn vie saws ecient! tisk ou teat Natal as evit ee 868 1509 | 
MilkiInsped toric he cee tanto aie sh Ere hore Laan mea 868 1509 : 
Weigher’ of) SGales: o's 5s teams he cere wi hrs auecae eae nese mene 508 pon 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1247 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MAYOR— (/o appoint, continued.) . PAGE. SEC. 
Inspector and Measurer of Lumber and Deputies........... 868 1509 


Inspectors of Boilers and Elevators.................. CEE i, 


f 868 1509 
L 1066 2328 


Pee ree EERE use les 60 Co 2 oa ose ee iG, hd ed a le ae 868 1509 
Board of Managers St. Louis Industrial School............. 869 1510 
So mertan pee or and \ DEputles.. doy k.cguc he vesatiee a eel e 894 1622 
officers to fill place of suspended elective officer........... 909 1693 
officers to fill place of removed appointive officer.......... * 910 1703 
Board Examiners of Plumbers, see Appendix, ord. 23007. .1150-1153 

Pe ese eC OM MI SBLOLY 6 2 ob 2 ake de. ee ee ae eee 931 1803 
same—Public Recreation Commission, ord. 22869, Appendix. 1153 

Pee OAS UL OR. WILCTY 2 ys iss'ctels: <lFistatiteed CR a One vid RoW wenek 1129 2591 


[For officers appointed by Mayor under Charter provisions, see 
Index to Charter under “Appointments,” p. 465, or “Mayor,” 
p. 503.] 

[For officers appointed by Mayor under State laws—see Index 
to State Laws for St. Louis, under “Mayor,” p. 243-244.] 


to approve appointment of the following: 


deputies, assistants and clerks, before qualified............ 907 1686 
of certain employes of Building Commissioner............. { a Hf 
Devas DE GINS ee OTNINISSION GL canto o's ce has « We ca cre we be ole 553 28 
Chief and Assistant Clerk and Permit Clerk of Building 

PREPS LONIG Crd ter era wees ONS So ae ck ee skowrbrel yak ea aes 554 3 
eter MMADECLOCS OLS lect tilts nalts eee et a ee meg Pat 554 32 
other inspectors. in office, of Building Com’r os e286 ee. 554 33-3! 
Examiner of Plans, Record Clerk, Stenographer............. 554 a 
MARC ILee CLT ae LIT LU nT CIT ATL ar Sree A Gn reer eC hie edn kotolel eieeee he 555 3 
additional employes of Building Commissioner............. 555 3 
Inspector requested of Fire Prevention Bureau.............. 555 37 
SOLIS EAL LEME EOC ORIG apna artes naene ae oii che rial oai'Pia es ch aear ate oe wale 615 244 
PORE PRteI RO LL OU irae gee hey Sic Vise cine clainte sere she Was ws Roh 615 ~ 246 
PEO a ier FORMU OTONGL es esl otate a, ales err el afei ass cuae ks sleek ee 616 251 
SURO TICE TCC Ee Lav OLe UG mo tole e ae ere ofa. ahh cio sck & ak ala tle ote ey 618 260 
assistant and porter to Superintendent of Morgue.......... 618 267 
OGM aClOT yess DOLCOr 6. CILNALOY.GS aire gcc lute a octaves a « brchele ateje Uae 622 276 
of assistants and employes of Fire and Police Telegraph 

Ears Cee Ea de ALOT) ate Sg lave ee Nate cap ea lele'la bdo: 'biiw vi ole 630 309 
of inspectors of meat, vegetables, fish, fruit, etc............ 686 536 
of employes in Street Sprinkling Division.................. je 1076 
yeah Sete Cem ED CU CY ela ILI TLS yh die aie arady tece th tal gies ia we eat & Bids ody 790) 8. 4439 


of subordinates in Garbage Division of Street Department. : 4 805 1207 
of subordinates in City Forestry Division of Street Depart- 


Tie Leer ne eae eM Rt ee ty eee a Beate ard care ataibs k wos @ hie Bake 813 1253 

Gi Apes es mE rIlOem COUNTER CIEL B cep it wie, Wink, os0lgs-o,te's aut toe) bie’ oaks { ae se 
OL OCP Cuee ris eeOLAT A Glee iste tle Rae bus wie eo ae ahs 833 Loar 
of substitutes for City Attorney or assistant................ 837 1347 
Oi ADO LBSE HO Urchin rsh cL URe Arte eo ig aver o's! on nies Sieredy 917 173 
of appointees of Work House Superintendent.............. 924 1777 
DEAS UDGI Vv Ole VOR tee LEE iT) cram ale cone ters er Rs vide w/a ethl s vi'e Ce bes verre Rh 926 1791 
of Assistant Deputy and Assessor of Special Taxes........ 974 aa 
ry ’ X74 de 12 

of other employes of Presd’t Board Pub. Impts............. { ata as 
976 1946 

numerous employes in Street Department.................. 978 1948 
979 1949 

of aneeeket Sewer Commissioner Pees STR ey td Dee ee te 981 1956 


1248 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-236. 


Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


MAYOR—(¢o approve, continued.) PAGE. 
of Assistant.W ater. COMMISSIONGr wrasse. 8 is ae cha eee 982 
of appointees of Harbor and Wharf Department............ 983 
( 984 
| 984 
of ‘appointees* of. Park: Commissionerss i... ..0 = va ees { 994 
(e295 
| 995 
of appointees Harbor and Wharf Commissioner............ J bone 
of appointees: of Registers ss deere ae sata cae ae eee ee anaes ane 
of appointees of President of Board of Assessors........... 1007 
of appointeesy ol License) Collector tyr x. ce. ws artac pete crt eerie 1018 
of appointees of Inspector Boilers and Hlevators.......... ; ane 
1075 
of appointees of Commissioner of Supplies................. to 
1076 
of, appointees Of ATditor en: JP cite sens ets eter © ce eee tee 1086 
1090 
of: appointees, of; Comptroller: oe muscle ei ea euieeeon ones. 1090 
1091 
Of appoimteées OLEDreasurenceaws cary cach sete enn oe tae 1094 
of appointees of Inspector Weights and Measures.......... 1116 
of appointees OL. certain sweighersen mare eee ee cet ees 1120 
of appointees Public Recreation Commission, ord. 22869, 
PAD PI CTLCLIR Gee cits wh Settee chore ae ee roi ete aE CT ree es EN ea cto eee 1153 
may remove the following: 
deputies, assistants and clerks in any department.......... 907 
employes of Building, Commissioners... .)c5 \ vies a6. a ele ee dee 550 
members»Board “OfVA ppea livre axk mies ots oie Braue. clea eee ome 561 
deputy .andsconstable wot Coroner tines... Vateicr trates. eae ee { eae 
City Bacteriologist as in case of other officer.............. 667 
Smokew IRs pectorsr ich. wo siete tara eke ace: te, wich loud aaa ee 894 
decisions as to removal of officers—See note to Sec. 1686.. 908 
Assessor and Collector of Water Rates, when.............. LOOT 
may suspend officers: 
mays suspend ‘CleCcti ve: ww en seers terse cto 4 ones ace lbp ne ete eae 909 
appoint officers to fill elective vacancy temporarily........ 909 
how: suspension .efiectedseharzes in cis... os wen ee eee 909 
Assessor and Collector of Water Rates, when............... 1097 
Inspector of Weights and Measures, when................. 1116 
MEASLES— 
See Contagious or Infectious Diseases. 
MEASURES— 
See Firewood; Charcoal; Weights and Measures; Inspector of 
Weights and Measures; Lumber. 
MEAT— ; 
See Meat Shops; Butchers. 
ADSDCCULOTLIOE: (i555 eos jsils a. s woo bs Dosa te od one te ees, i Daa ee 686 
tainted ‘condemned, EtG ie ee AC ia a neces 686 
penalty 710r Sale Gictalnved 22.0 5 adie eee rene ee eens ten eB ea 687 
UCT I WEDS NUIS ATI COM 3 <2)4,, dics state eee re Rt OT aL cia A Re 698 
seizure by market master; of spoiledw elena a. ears one we ee | Be 
Sale of-atimarket)|resulations. .i <cer eens es ie ae eee ae { nee 
dead animals not to be used for—See Dead Animals. 
diseased. live animals not’ to be: Killed Glories icc te eee ee 859 
Sale. of unsound, DroniDited . 5a eee eet eects nda ae epee eke eee 859 
not. to De tnrown about market; places foag vei.e fen ea ee ee 859 


sold in shops—See Meat Shops. 


541 
542 
543 
590 
1435 
1453 
1449 
1453 


1452 
1453 
1454 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1249 


Index to Charter and Notes, pp. 463-542. 


Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 225-256. 


MEAT SHOPS— PAGE. 
power of city to regulate—See note to heading of Chap. 16, 

Sn PRR ee fei Ic, pe Bo Ae ae ee oe ee Pe a aod 851 
are ERLE LIRCONSAL Yi dk es sats Walshe dhl dathe eck ee citer fe ehavec Wises 862 
WHatsiey be por (under Jicense (for. oe e 22 6d Pease belch teens 862 
decisions concerning—See note to Sec. 1473.................... 862 
license shall contain what, and be posted up................... 862 
comptroller to consent: to transfer of license, or change of 

eR NT TE hac ile a Ue Laser 8 0 as a nk Yor oncoas tha 6 NE he Le ee Peek 862 
RV GAL) URES TMMEETALILUL EL VSS Sob K'aS ahane Shek depen a okd ede SRR eels lake nla cote 863 
decision sustaining ordinance as to Sunday hours—See note to 

Re RePMTMME MR WSS Gye Pa Lo cake cig imal ake nas We diva ord hy Octal eae wees 863 
penalty for keeping shop without license...................... 863 
Se EAMM EEE EMEC CRE Mote Pitre cote id v.00 6 ro Eick wanes 0 aaa eee ML AAS Ee rd gla AL 863 
MngemroutroimotHoard Of Health visio ics. cece eke eke Medak s 863 
Pera OMLPMO CLT CENTS Es 4) of: seat, 5) dig! cI Eg RAT a ere, Bee oe ee Pinte Mie 863 
Drool asad -a2ents, DOUNG DY ATEGIEW. Ae ache. cs Or eee oon 863 
Reenorenuc. tOmuCIUdG SAUSAZE MAKE. s/s a. odes ee cibee Sen Ube cs 863 


MEDICAL STUDENTS—See City Hospital. 


MEDICINE AND SURGERY— 
See Physicians; Midwives; City Hospital; Dispensaries. 


Ma eOercricare-leGgensary LO: DVaCuiCe A0 Soll vise leo alewie ele elas 720 
when registration of physician may be refused................. 720 
practice without complying with ordinance, misdemeanor...... 720 


students, when may visit hospital—See City Hospital. 


SPCC er Ce Cen 1A Ue create. ete eee los pln lana ena, 8 Se Sieg a) a'w foe ths 730 
MEETINGS—See Misdemeanors. 
MENAGERIE— 
TTS LT OPA Ae Ieee eats Beier a one eatrnie th have ele aided W lee a Shy gts 1051 
circus—See Circus. 
MERCANTILE AGENT— 
1051 
RC Gee RUPO VIRIONS COMCET IND Se ii. old siie'e alviniale edi dfelglact apd wivedhya'6 finale to 
1054 
Cee N OME re PR VCs clay Ck Sac arvana Bhai Sidhe & aiele« SSaaMa O's Abas 1051 
MERCANTILE BUILDINGS— 
See Buildings. 
MERCHANDISE— 
on sidewalks, See Obstructions. 
MERCHANDISE BROKERS— 
See Brokers; Licenses. 
MERCHANTS— 
fruit, book or news stands, when to pay license tax............ 809 
decisions as to validity of license taxes on, and definition of 
term, merchant—See note to heading of art. 11 of Chap. 31.. 1035 
COMME Ci eet en ee ay ec tcte iter tale ec ate ielete Baie 's © ole alee alee waneye 1035 
license required by, failure, penalty. ........... cece cece cence 1035 
TIGENSO. TOCMUL ATI S LOL LG Heel tne cals a lale wie ae ofaben a, siece oe vielbr die sid aije seis 4 1035 
statement of sales by, license when payable, notice of provisions 
DY DUDIIGAUON CEG a 21s apts Saline lens Geile a Hes ey alee cece fin dos 1035 
ad valorem and additional license-tax, rate, time of payment 
TR ee tak, be OY a Geel ae SNe Aletha Fan ae Bie Se RP ae ie Be Ro 1036 
form of JiGense Offset te Win Eka eae re I a ele ne a ale tee ee e's 1036 
“licenses issued, to correspond with stubsS.........+..eeeeeeeees 1036 
bond of, before license, conditions, forfeiture Suit. On, OLGSs. eA 1036 
statement of sales returns, open to inspection by whom........ 1037 
penalty for failure to make statement or pay license............ 1037 
penalty for making false statements...........eeeeee seer recess 1037 
article on, does not apply to dramshops........-+++seeeeeeeees 10388 


MERRY-GO-ROUND OR ROUNDABOUT— 
See Exhibition or Show. 


SEC. 


2271 


2270 
to 
2285 
22th 


x BEY 


2194 
2195 
2196 


2197 


2198 
2199 
2200 
2201 
2202 
22038 
2204 
2205 


1250 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


METER— PAGE. 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


Gas-meter—See Gas. 
water-meters—See Water Rates and Licenses. 


MIDWIFES— 
to wreport. Dirthsy 2 vein cei eee ek we orbs ice Oe ee eg en ce 719 
penalty for falluresto PepOrys sy ay... i (. wsds erpte seats eevee ee ee arene 719 
conditions ol: practices DViice. ksh). ca. en CE ee Ce aan 720 
regulations of Lying-In institutions, etc.—See ord. 22998 Ap- 
POTIGIK. Merce erate: cha bovis ee wo Seal nite he ive ite, vt eet ay EI re Ord eis, ee anaes a 1142 
MILK— 
validity of legislation on—See note to Chap. 11, Art. 5......... 671 
inspection and control of sale and quality, in City Chemist..... 671 
duties of City Chemist and City Bacteriologist concerning....... 671 
rules :for: formulated py» City, Chemist. jose os seit ee ee 671 
assistants for inspection of, qualification, bond, removal........ 671 
salaries.oL ASSISTANTS eee ere sisie be.) ew chee eaters eee Tetene aaeec e re eee 672 
TECUISITIONS KLON TEE: Acerca acre Ns tae tacts eens Ler cee ec te ee | ea 672 
vehicles allowed to City Giveaniat for Pianeenont OR Ak isia ae 672 
right of access to all places necessary for inspection of........ 672 
right, to’ take samples. .GL. sey ee ene eae peered ane ae ee eee 672 
Violation jof ;artiele, misgdemeanOienc wal. Sei eee eee 672 
inspectors. Lo. Wear, Dad Zes8 Ania. weuskes am alate Nimheteatod. Sauda ee dnote oe a 672 
samples of, to be tested, violations prosecuted, record kept..... 673 
any. citizen may submil) sample 1Omvanalysis 1+ 2.00. sen ee 673 
receptacles for, and cream to be Kept clean, penalty........... 673 
vendors. ol, licenses: rezistrationscrese ta) a. ee a tee eee, 673 
retail) and: wholesalé, definition ;menalty. 23s. os; cee eee eae 674 
registration certificates, applications, subsequent changes, etc., 
DODALTY Saale cite rete teed winrar ail whe a Sars cee Sere ne eee 674 
preliminaries to issuance of license for sale of................ 674 
wazons, how: designated, ele. -penalty. su... «e« dslnc 'g- ceteiee ae 675 
TOT. OF;' ICONS ys ee eit ies ae re ee balatet ola aie Lote soltade es aie! em deat am ei 675 
carrying stor: salesimpunes PeNalev it. 2 o. do p10 bia see SUR eee ee eee 675 
havine. products; olvimpure vere, penalty’; .c..in aoe oe eee { aa 
676 
adulteration, skimmed milk, etc. (Skimmed milk see below).... | 688 
688 
containing foreign matter, coloring, preservative, etc........... 676 
no, to be sold unless analysis shows certain ingredients........ 676 
cream not be sold unless contains certain elements............ 677 
cream made from impure, or diseased animals, etc............. { ae 
condensed, preserved or evaporated, etc............ cc cece ce eee 677 
reculations ‘as | toy buttermilk oa melas of nes sc kes ne ee 677 
regulations ass to) SKI M CU AMEs ow cheers a ool ae leeeeaie eae ee ce are ae 678 
or cream before or after certain time of parturition............ 678 
interference with authorized persons inspecting................ 679 
officer or employe conniving at violation of article............. 679 
confiscation * of. bad, officers: protected: ii. y) sacs. a4 care w plaunacaieheneers 679 
sick cows and horses about, stable or dairy, to be reported...... eae 
manufacturer, seller or user of adulterants, preservatives, color- 
ing matter; eteceTOr Den ally mais sais’ is Glee coe mie ete 679 
inspection of places where cows are kept, requirements, when — 
milk: not to: bdexsoldieuiwis wig ee te aloes Bini dei hacchore oie een ae 680 
removal of diseased animals, stables how kept................. 680 
regulations as to cow-stables and dairies—See Dairies. 
675 
: 684 
from); diseased ‘COWS @8Cia 55.2 ere ans Scere ale boats bees cane net ea 685 


SEC. 


694 
697 
703 


484 
485 
485 
486 
487 
488 
488 
489 
489 
489 
489 
490 
491 
492 
493 
493 


494 
494 
495 
496 
497 
498 
529 
499 
552 
555 
500 
501 
502 
502 
529 
503 
504 
505 
506 
507 
508 
509 
510 
530 


511 


512 
512 


498 
529 
531 
555 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1251 


Index to Scheme, pp. 279-286. 


{ Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MILK—Continued. PAGE. SEC. 
when sale of, forbidden, notice in newspapers................. 684 529 
from dairy connected with premises infected with contagious 

MER eCmena eee Ce yee hy ey ck Ye Yee, ere ee he te 685 533 
from dairy at poor-house—See Poor-House. 
Ps mee EEOC De OM A VOL. i cc cic she eae ee oo hee le ne Oe ae 868 1509 
BUDD vie eror-_orcy 1oAlitutions, Gontract.::. 0s. oso. «2 che ns Lee LOTT 2374 
MINORS— 


harboring or enticing girls under eighteen—See Misdemeanors: 
Bawdy Houses. 


Niwas Orem nition NOL to be, SO1ld tO. 2. sic ees ciswels dos els or Hy 
pues ecleroentor LOLDUN. e6LC., Property. fromys du. es oe eee oe 890 1605 
getting on street cars in motion [section repealed]............ 890 1617 
foundlings—See Foundlings. 
MouerentLoen, Now connned when in jaillis..:..adein be vecken bbe we 917 1741 
Raw roKkers pronimitedito. deal with dws. woke Ol st ccuslia eevee e 1040 2215 
charges of swimming schools for, om certain days.............. 1099 2466 
and infants, establishments for—See Foundlings. ; 
MISDEMEANORS— 
declared by ordinance, concurrently, when State Law covers same 
OMe SeeanOre LOL SCC, 1 200s). 405 a patie eoeherelils wtelb acta eae 816 
punishment of, where no specific penalty provided.............. 900 1650 
ORSST ARETE oy Wye oT Rie Sa a ake a ee a fe acf Ue TER Per AMO 900 1651 
AMIGU OMmennen wieren nNOS: G6CIATEd | 40 MIN le. nk oe ns on le os ces 901 1652 
Dosim Wie woe NONe GeCGlared.. 20. . 2 issn ss oes ele cee cee 901 1653 
fines and penalties for—See also Fines; Penalties; Workhouse; 
Imprisonment. 


miscellaneous misdemeanors, what are. 
connected with violation of street car regulations, or street 
railway provisions—See hereinafter (this heading) 
under subdivision of street-car violations; also Street 
Railway Cars. 
connected with smoke and smoke abatement—See Smoke. 
violating regulations concerning gunpowder and other ex- if 552 23 
Epa SPH LESS PO ae NN Ge SS RAN, ARE OR 6 iN aera a Wieboe 25 
regulations concerning theatres—See infa “violation of Build- 
ing Regulations.” 
runnine over hose of: Fire Department... oo... ee eeeine 628 297 
false alarm of fire, tampering with fire-boxes or making im- 
pression of key to fire-alarm box—See Fire and Police 
Telegraph Department. 


VIOlMRIODTOL Cater reratilie: LO’ CHATCORL .. ius ie es wes we lve 634 Bod 
gas company failing to rectify incorrect meter.............. 634 334 
defacing or counterfeiting seal of gas-meter................ 635 341 
Riga eC Oe POPS tie cis sales chase: Pee die ae 0.8 wid siels leis s ate 882 1565 
injuring or stealing articles of value under twenty dollars... 646 366 
removing any kind of property from premises.............. 889 1603 
VIG litle -sCavCI Mer eUMIND® ONCIRAN CO soc. sige ai kone wa als nle wile ¥.8 658 412 
for ferry boat keeper to refuse passengers transportation... 659 419 
TOPTOVO CURT EO MOE AIO CEI Carries etal irs ies Winlel ie eee We bee bce eke 660 425 
LATO SG Mey rete Ce tren TALE re aie ek a ta atk as ares & ae i ele 'e ae 660 cath 
offering for sale tainted meat, fish, fruit, vegetables, etc... 5: fae om 
violating regulations for sale of poisons, drugs, etc......... 688 550 
i ( 688 551 

. , 6 553 

ANUILATALION OL TO0C OFA UTE etter rcls. 2c ats ake elkiviejee vat whee at ’ a BDA 
L 688 557 

sale. OF RUUILOTE LOUe COLOR ri aie sire eine bie bie nla alia te) tn. 8 one ents he 688 556 
violations of provisions regulating cutting and storing of ice. eae me 
leaking, overflowing, etc., vault, privy, cesspool, etc........ 690 571 


failure to connect vault or water-closet with Sewer.......... 691 576 


1252 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. ; PAGE. 
failure to reconstruct or connect vaults, ete, after notice.... 692 
vlolatin= privy cleaning ordinances: GtGnii7 2 ik ee ee 692 
violating article on privies and vaults in general.......... { ee 

0 
operating or opening without ordinance, any  slaughter- 704 
house, stone quarry, vitriol factory, tannery, rendering 705 
soap factory, etc., or garage or automobile shop, etc.... 
to. buryanimals*in ‘city Amish eee. oe eee 714 
failure fo remove ead ‘animals aya oe eat noe en eee ee 715 
same, under new ord.—See ord. 22580 in App............... 1141 
violation: of-article’ onvdead animalse.. eo... hee ee ee 716 
failure. to, provide garbage receptacles 75." over .6 es ees fig i's 
failure to have properly constructed garbage cart.......... { ist 
removing garbage without proper license.................. 717 
license metalic plate for garbage wagon, not displayed.... 718 
failure to report or register births and deaths, etc.......... 719 


practicing medicine without compliance with regulations.... 720 
practicing midwifery without compliance with regulations... (20 


burials: withouti permits ie ser neces cave neon eco naa eee eee rarer Pe 720 
physician’s failure to report certain contagious diseases.... 7135 
removal of placard announcing contagious diseases......... W649) 
parents or guardians permitting. children attend school who 

have: CONntaLiOlus GISCASESTL Cate ay cas oe ein eee rade 130 
teachers knowing of contagious diseases to dismiss such 

DUDLIS  FOtG LN ae Moraes hates ga ete aie eo aes Sey we ee 735 
failure to give notice to Health Com’r of contagious dis- 

CASES) KOTO GAA VE RELY Bo ie, aes gee alay eters selec ee et Canine aren 736 

. failure to surrender books used by persons having contag- 

TOUS SCISCASES Siig ae sukuia vee, baals, Raleig, ale eee. Senate ie Ieee eres 5 137 
disregarding: consumptive regulations, wi, \...0% 5 +.06 seca se eee 739 
disresardinge quarantine <Onaders ois ce ot enieeete earners 740 
landing persons or freight from infected sections.......... 741 
disregarding or resisting quarantine regulations........... 741 
disregarding requirements for burials, deaths, etce......... { Ge 

743 
sextons, etc., failing to make proper reports, etc.......... 743 

744 
violationvor article: on Mortuary Tecords aie. nee eee ee 744 
bringing into city persons dying of certain contagious 

CISEGASOS A Ne eh chao iia G ce he ROR mee er Pua COE ene ea are el tet 744 
bringing into city corpse without physician’s certificate.... 745 
opening graves or disturbing body without permit......... 745 

_ burying in grounds Not; AULHOLIZEd eee ie eee ae ie etaeese cae { ii 
rémovins. COrpse- OULSIGG! CIEY LIMES eee eee Fees ecto 747 
injuring or defacing cemeteries or tombstones graves, etc... T47 
violation ‘et article) on ‘cemeteries aM iccecce bk ee were on 747 
refusing to inter: body. when so:directed (i ay at voce «eons 748 
erection or maintenance of unauthorized crematory......... 748 
receiving body for cremation without permit............... 749 
railroads, boats, etc., bringing insane or paupers into city, 

WOT fii clinteetenahete Sie ee tose ti ue he Sve soe nO aL eT a oP oe eee ee 750 
not making gas, sewer and water connections in advance of 

STEVES LL CONSCEUCTIOU SC Ti sales sy .0 ae aes atts otumtre cic tee 757 
violation of cross-grades for alley requirement............. 757 
misplacing, £as ;ormwater) slop-cOCcks. "Gtc.. 4... eo wee eee | a 
attempting to use street temporarily closed................ 760 
disregarding regulations for planting shade trees.......... 761 
violating provisions for, nouse mumberine vo. es eee ee 776 
putting up stationary awnings in certain districts.......... (erie 


violating +stationary AWnIne “Ordinances. vain ene 6 eee (CIA 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1253 


Index to Scneme, pp. 279-286. 


{ inaes to Charter and Notes, pp. 4638-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. PAGE. SEC. 
not placing wires, poles, tubes, etc., underground in certain 780 1096 
RISE CLG MA ek! a? a? Baie’ NAR MEDORD id Kea MI LIE Fea ET Wika een 781 1098 
stringing wires, tubes, etc., over or under ground without 783 1103 
eho Ca 08 N'Y ARES CRA Ae mn ers RR A ND hea ed dR Re ee 789 1131 
failure to observe directions as to telegraph or telephone 788 1124 
TCHR RAL ORE ae oe oa i ON tea dak tees RT Oe Gs OA RATER ® dle PE { 800 1183 
violation of article on electric wires, conduits, etc......... 789 1126 
interference with removal of electric wires................- 789 1129 
ipewat tee OL GlBCLPIC: WiITGS 5. CC. s7 ais: dny aia bleh es & xd ae «ak 789 1130 
elie td ’ Lare 789 api bs aE 
Sire Wiles WILLOU EY DOrmi tu geese ti aetee a vtalaim cote tery ett { 723 1103 
removing cover of manhole for electric contrivance, etc..... 789 1133 
disregarding ordinances regulating electric wire apparatus.. 793 1152 
interference with lighting apparatus by which city is lighted 
Oler wr Lone CI DOV Che WEL Cr oe sie sen ee eee sc utalp axe .ale lnantgh sees 793 1153 
failure to make deposit for cost restoring paving iaeage 
Dye lLelepnone. OF, LelGerann (DOLE. es ak ice estan 9 oe ate we 800 1184 
failure to pay amount due for use of streets for telegr aph or 
PERE THCIEL? BRYON Ra en Lune ie hg EY Mie NTN ae dovah ens yeh at un 0: tig ances ae 801 d Das 


failure to properly construct down-pipes—See Pipes. 
injuring any appliance or thing connected with the light- 


ing of the city, or police or telegraph wires, etc........ 811 1236 
trundling wheelbarrow or hand-cart on sidewalk........... 812 1245 
penalty for violating chapter for offenses on highwavs...... 812 1246 


planting, trimming, destroying, interfering with growth of 
trees, etc.—See Trees; City Forester. 


violating article as to City Forester...... A Soh eeybarr au tere ee 814 1259 
ordinances declaring, on subjects also covered by State Stat- 

utes—See Ordinances, also note to sec. 1265............ 818 

: 849 1405 
NOCralected Dy -FEDCaL OL OTGINANCe hl. eke ee es beeen ¥ oH 850 1406 
NO MeRCCHII SAIGON BeSNODSAG CAI. a teens eels wks CM Fa wre@e teens 863 1477 
agents of meat shop Keepers liable as principals............ 863 1479 
OUT IF ON IU COL JOC ASOID ort Ci. i ile lo: Soeiss okie acevaidvs aun te aleve eiakene’d 863 1481 
selling certain perishable vegetables or fruits at depots, etc. 864 1486 
Ma IS OL AUT OR OT SG on Sik cok that eatece ae Salar eel aeGjetalw sce 882 1565 
ja Penn ie eek gh ha abpge = igs Laren 0 Gain PRC OI le an SD le ROT on 882 1564 
: : . : : f 882 1566 
discharging loaded fire-arms in theatres.................... 1 89 1567 
Pelee NOCs iILe-a rinse One amiMmunitiONn: 2 vs ce 6 kee he a Bes 883 1568 
connected with taking, mutilating, keeping, etc., books of 

Public Library—See Public Library. 

1586 
SPI Mee nNUMC VeUIGICS, OF PLACES... ule sue vss v's ceivise ges 886 to 

1589 
bill posters or advertisements not to be put on poles, side- 

a Ee BPMN N GIVES CLE Cee Sate) Gro OT iG 4 aia eek os Va PUG, ww Ay 9. BMW AB Shes p ca. © 886 1590 
defacing lawful bill posting advertisements ................ 887 1592 
carrying on show or exhibition after license revoked........ 888 1597 
impersonating officer or interfering with officer’s duties.... 888 1598 
solicitation of passengers at depots, landings, etc........... 888 1599 
failure to post ordinance as to such regulations............ 889 1601 
oom ae P ; 8U8 1221 
INjUuTIN eS PUStAnINe. VLE DUDIICH PrOPeTreyn wnisak 20 «ee chain’ vin ks { 889g 1602 
removing or depositing any article from premises, forbidden. 889 1603 
PASH DICK te ewe OCD ILE Oey chal Siac Raa s eh ne eed ws ales 889 1604 
violation of junk shop and junk dealers ordinances......... 890 1605 

; 881 1558 

CTU] Bye lOe CULT LLIN Lets Bie cee cas oe tatok te ey lest yin eb. S ua fies aia! s { 890 1607 
decisions on cruelty to dumb animals—See note to Sec. 1607. 890 

tying legs of calves or sheep, or confining in boxes........ 891 1610 

891 1611 

molestationsor -Dirdss Seats, CLC War dit okie GaN cs cubisat ss | to to 

892 1615 


throwing stones, carrying contrivance to eject pellets, etc. 899 1614 


1254 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. PAGE. SEC. 
member of police conniving at violation of bird-protection 

OTQiIN ANC 77 seeder ee tence eee tee eames, Seattle hen meee 892 1616 

5 ; 1633 
pigeon dropping + <4) sae eee ee Be ee ab ee oe eee : 897 1634 
Vae2zTalncy, Various: Denaltes eee acl etek ws ig eee cee eee 897 1636 
seizing. dogs, enticing Gut ob premises etc.. > o. . ee ee ee nee oe 899 1646 
keeping .dangzerows, dog iy, cave ee cle eters cs cee tee anny ee eae 900 1647 
neglect of duty of bond-examining board................... 907 1684 
officials guilty of fraud, neglect, extortion, favoritism, etc... 909 1691 
person having city vehicle, not properly marked............ SL LTS 
failure of officers to furnish information to Commissioners 

on, Charitablesinstivutions oe ci seoitin cts sues atelceeeat scarce 913 1719 
trespass at work house, aiding prisoner to escape or inter- 

tering with vOLncers tiveness is ica sis c cacheucetrs cate eee te 924 1774 
violation of article on plumbing and drain-laying........... 930 1801 
violation of duties *Dyepubplic? Perlers).; wc... + een eee ee oe 933 Aaee 
violation.oLf articlevom vehicle -eteren.. oe Late ee ete 941 1831 
refusal of vehicle driver to carry passengers or of passenger 

refusing TATe.iG ceeds cee Sn erotic es Eire seca ate ener 941 1832 
charging higher rates for use of vehicles than fixed by ordi- 

MANGE Gidea lie Bee creer barrens eee neee Rta era Ger Le een eee cae 943 1839 
officers conniving at overcharging for vehicles............. 943 1842 
drivers of public conveyances, away from vehicle, or lounging 

abouts Olee men Seti Sete Is cies ee eee ees nate one apne ea 944 1843 
vehicles violating article on vehicle stands................. 945 1848 
VWiolatin = hack stand esectron: sins auto. eee ccc ete ee nee 945 1850 

996 2018 
violation of park’ regulations, set forthiicacs .eeeee ee eee | to to 

999 2035 
Violatine<drivine Tules Ans Parke teat eee rote rane e eee e 997 2022 
violation of provisions for office of Recorder of Deeds...... 1004 2058 
VI0OlatiNe aruclevon Uraiisnons - se ieratray ete pe ee beige Sp an 1029 2164 
deception by intelligence office keepers (employment agencies) 1031 2118 
violating sprovisions or ‘pa wnDrokers coe. sow ee ie Pere eae ee 1040 2218 
violating provisions for railroad ticket brokers............. 1044 2200 
violating (provisions -for TUNNErS hacen ee hekaee ss Cee 1046 2246 
second-hand dealer or agent failing to keep registry book, 

C2) CRAMAYEL lie Bae Adm ante ead A EE IG ow i FO We ld Leela a ee Sy a 1057 2299 
second-hand dealer or agent failing to report offer of sale of 

Suspicious, Character (ctw... 4. ke koe ate cee cee anaes et eee 1058 2301 

701 611 
ODStPUCLINEMSE WETS eis wc. Tak cae ae eee Ie ete ere eee | 1065 2320 

1065 PAB yb 
Vi0lationy Ob Chapter: ONT SeWwerlne i.e oe ete tele eee ne 1065 2322 
misconduct of Inspector of Boilers, etc., or employes........ 1071 2346 
failure to post boiler inspection certificate or obtain same.. 1072 Zoo) 
failure of licensed engineers to make semi-annual reports... 1072 2352 
failure of owners of boilers setting up or repairing, to notify 

TN SPECTOR itis cach tek as hat oe eee ec ae ee 1072 2354 
violation of article on boilers and elevators, in general...... 1075 2365 
owners or agents refusing city water license when ordered taf 1098 2463 

USC KAS ISANILATY sINeASUre cis, 245 wes cles Wee eee ea cee 1098 2464 
abusing water privileges, using water without license, open- 1101 2474 

ing plugs, throwing matter in reservoir, etc., wasting 1101 9475 

WaAber, 2 CU eh eiccrisdee Slats ane ont ate epee eed hie aretecrnemcetiene 
using water. from pipe vatter; shut. Off; Gte:..kee eek eee ee 1102 2483 
violation of article on water rates and regulations, general 

PON ALEVE Ls eRe ee ae re kee eh oe ee neice be etna tee we Martel oak ee ae 1107 25038 
violation of article, on water connections, etGs. i272 ias sso. 1112 2527 
violation ordinance regulating private hospitals, lying-in 

homes, foundlings, ete.—See ord. 22998, Appendix....... 1142 , 


failure to return towels, soap, etc., to Public Recreation 
Committee; ord. 23171—Note;0n 2p.iset eee ee Lee ee 931 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1255 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. PAGE. SEC. 
Violation of Building Regulations. 
DULG eer aioe TwaChoOUl Mermit 25. .oe se) eA ee EAS 557 46 
proceeding, after revocation of building permit............ 559 51 
Ghstructmeiiure escapesor stairways. os cs eek ee 584 140 
disregard of building code as to regulations as to certain 

requirements against fire dangers, etc.................6. 588 154 
respecting height of chimneys and smoke-stacks............ 589 160 
disregarding guarding of hatchways, well-holes, etc......... 591 166 
VeeE ee REECE TROL AOL TID ONCLUL Yiu a hcse, idl Wa Whdtele ctw Ah Bre Aho ale wie ee wears 597 192 
proprietor, keeper, lessee, etc., neglecting fire escape, ord... 598 193 
disregarding ordinances regulating theatres, and _ rules re- 

specting same, by manager, owner, lessee, etc.......... 600 195 
Pe tee MISC PC OL ILCale tin “tNGAatres hs. Ae steer cce Bie so iate we aleve 606 209 
BUCTALIIS MLNCA LCA WEGULOUL. LICENSE. cl oii. o lars te ue aelele’e ses deans 607 211 
obstructing aisles or egress from public meeting places..... 608 ale 
failure to observe notice to remove or secure unsafe build- 

PERT! (co ole | pe do ey A ae ay a Sp Re a ae 609 216 
interference with giving notice of unsafe building........... 610 217 
owner or agent renting or leasing unsafe building........... 610 218 
failure to pay expense of correcting violation of building code 611 219 
WeCLaqeObeoes Nit Oita Wein SeNneral so. . ase civ.slh ceo biches doses Pela ats 611 Paral 
selling wood after removal from measured cord............. 655 396 

Violations of Harbor and Wharf Regulations. 
PUI SPEL RCA (OSIRIS WREAT (ook PERO rye 2 ca cee bl eee al gene! Whoa cata: beled mie blasavays 643 349 
failure to remove structure over wharf line, on notice....... 643 350 
SEIT MOR CLO Ire iat POUMUECC Cy cia oe de sls dp nw Obie sale wee lale’s 644 356 
Palen SHOAL iwi uouL aime LNETCON.  ... 6 Gels sd Oe ed ee ee oe 644 Bat 
TaAlMronaLOwemlove: 000s. CLC., TLOU WHALE miss vo ssne iw bisie wild weete 6 645 360 
fallure-to secure boats: at- wharlas required... ...0:..)..0.06- 646 364 
AEDES MOGSE DORE OTOL Ge titre. 0 isso se those a wie Salo iely « © oyaleus wie ke 646 365 
a Toe Ce PEON Dae ay al ips mises I UAL Sa At eA ence nae ce ae ere Amin ea 647 368 
Beene AST RCE A UOC EE ea ety oe ees IN Adc ocahel oh wai don exp aioe ee pve b6 647 368 
violations of harbor and wharf provisions in general....... 648 gia 
Pale res Coa vew Aria Secor LICOUSG eGo al ece da & aesieve. 5 cw elighe Mya yess 650 swat 
storage, forwarding or freight charges by wharf-boat...... 653 385 
Rie re ener wie WALT DO GES ir yas. a+ cit na. 6 chest gies e 4k ao mien 654 392 
Helline wood removed trom measured COrds >: . ie. cee wee 3 we 655 396 
Violation of Milk Inspection Laws. 

AEP LED UT EYRE EMIT CLC Ott Serf oy ch ho! Ga 6 22D cdot ose dba elwia. eae gate «see oaoes 672 489 
not keeping receptacle for milk and cream clean............ 673 492 
Talluresto Opal, Milk liGense resister, CIGD cc a cre ere 673 493 
failure to observe LEO rte to obtain license, register, 

oe a Re St ae rae Ra ta ean! PG kD os Moi a ee ‘a 'e eb ce alele a '0 has 674 494 
TAU LOSUGSietiigie Wi bk-WasOls Ges wes Pie san CaN Ree eee 4 675 495 
CALEY IDS PUL Oeil touOk COU CAI Gis ee aie ete. « sas wpe le eo ae en te e!wi 0c 675 497 
Hawt PCOCUCLS: OL EID TO oI OUG Io. wis cain ee e005 oo bern, a eer cle 675 ye 
adulterated. OF SEIMMeCG MILK SUC. ia ws bale sie oe he a ae 9.0 a0 { th 555 
milk containing foreign matter, coloring, preservative, etc.. 676 500 
selling, ete., milk which does not contain certain ingre- 

RR ibs wir ot AES Nt de oe Orga Wg ae See rec ee MADR a Seah ate ors 676 501 
selling, etc., cream not containing, ete., or from impure milk 677 502 
condensed, preserved or evaporated milk...............206- 677 503 
regulations. as. to. butter-milk) ‘violated «20.0.5. 2. wee dees cee 677 504 
regulations as to skimmed milk violated................... 678 505 
sale of milk or cream within certain time of parturition..... 678 506 
interfering with authorized persons inspecting milk, etc..... 679 507 
‘officer or employee conniving at violation of milk inspection fae are 
sick cows and horses about Milles aplene ee Lee akiae { 680 B10 


manufacturing, using, selling milk adulterants, preserva- 
PE V GSS Obras wee eka rahe ine Gm ee Maths, ha he Ua ein ect ae! AOS, bch he 679 511 


1256 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 


| Index to State Laws for St. Louis, pp. 225-256. 


MI SDEMEANORS—Continued. 


Violations of Dairies and Cow-Stable Reguation® 


failure to observe regulations to keep stables, etc., clean.... 
failure to have sewer connections with dairies or interfering 
With Catch’ DASINSi= SLC anche ness Giese be Sat ei bes ee 
running dairy or cow-stable without ordinance being ob- 
Gained Hhcs ico Sie Ra ae aces eae re 8 lca hoe ee ara aero AU 
violating regulations for building cow-stables or dairies..... 
dairies and cow-stable nuisance, failure to abate............ 
sick cows, milk not to be sold, cows removed, etc.......... 
connivance of officer to violate article of dairies and cow- 
BEADLE brine ark eee eee ear ica me bao ine ota Oe ara Ne tee ere ae eee 
sale of milk from dairy where prevails small-pox, fever or 
CONntaAIOUS | GISCASC POLC ME, crak Rist ste erate tec cee ee eee ie eee 
violation of article where no other penalty provided........ 
dairymen without location, failing to have weights and meas- 
UTeés (Tasted = ieee eee os ee eee a oy ce cae De 


connected with nuisances. 


sinks, ‘basins; "ete. “wRenunuisance ee ioe na cen enne oee nee ea 
filthy (water, nauseous iqduids, setCin iy cnink. swan ue losaet ct 


rubbish; putrid? meat; Otaly Sarhbaseverce precy venience ce 
burning “stuff on, street, or lot.) (See whires. Je. ee eee el 
dead‘animals; filth, rubbish,“ere son Stree tstes) sone, ee cee 
failure to whitewash slaughter-house...............2-ee+e+ 


failure to! cut tweeds, (orerem OVeel toi fe eke wh a ate eet aaee tsp ete ones 
penalty for violating provisions of article on nuisances, etc. 


tailureto abate nuisance -onenouce (etc scene eee eee 


interference with contractor for city, abating nuisances..... 


obstructing sewers so as to create nuisance................ 


connected with streets, alleys, sidewalks. 


gas, sewer and water connections not made in advance of 

Street) CONSLTUCHON ose we eta etree oo cis) a) kd ee ee ee 
cross-grader for, ‘alley requirement. 0) <<. che aoe ee 
constructing sidewalk contrary to ordinance................ 


misplacing gas or water stop-cocks..... PR init ee es AM Ne 


disregarding regulations for vaults under sidewalks........ 
failure to fence, etc., excavations, or display danger-signal. 
(see also excavations) DEM Jk fe han SRI oy yg Gos Kone TANS 
rubbish from burned buildings On: sidewalka: tua e wana 
disregarding regulations for temporary occupation of streets 
and highways, for building purposes. vu. e an oe ee oe cae 
barbed wire’ fences) alone «sidewalks 2.0.0). sis, ox cele diel, oie es 
driving on sidewalks, hitching to tree, etc........:......... 
failure to protect excavations for public works. See Hxcava- 
tions. 
making unauthorized—See Hzcavations. 
vaults extending into streets to be covered and protected.. 
openings in sidewalks, failure to follow regulations......... 
insecure or open cellar doors or gratings: .....6...0...2.8.% 
projecting signs, goods on sidewalk, obstructing street, etc.. 
projecting balconies, show windows, etc................06- 
fruit, candy or newspaper stands interfering with traffic.... 
throwing ‘fruit; ete. onrwalksor Dien way a7; ne ere Se 
hoisting merchandise, etc., over highway................... 
injuring public property on highway, etc..\......0......ss"% 
defacing public property on highway, etc..............<.... 
throwing coal. or firewood on highway.................eeee- 
obstructing'street by veliche a. cc wien) si a ee eae ee 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1257 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. (Connected with streets, alleys, etc. 
continued. ) PAGE. SEC. 
unauthorized obstructions in highways—See Obstructions. 


( 808 1225 
spilling dirt, garbage, etc., on street from wagon ie hee 
* > og VRE NEE 2A UE WV AS Vsd ew ee te ee te et te ew } 702 614 
CTL 688 
SRN RRIIM CIMA LOO eyes or ie a idee tetd Petey Plc eG ea TER Ree UR 809 122 
pouring or spilling liquids on asphalt or bituminous streets. 809 1228 - 
failure to observe regulations as to oil-using vehicles, auto- 

Pmt t00-Crean WaZONSs, QlGCi dade oe 6 eee ole Wike tere shen 810 1232 
failure to keep sidewalks, alleys and gutters free of filth, 

ROUTE ACO LH Mics oo Oi uis & cece Roe oe CRs Tee 810 123 
Pevowin . : ; S91 1614 

g stones, shooting arrows, pellets, ete., on highways. { 891 1615 
rf 97 
selling horses or live stock at auction on street............ 1021 athe 
littering streets, advertising on sidewalks, ete............. 810 1235 
injuring appliances or apparatus for lighting city.......... 811 1236 
Mreakinev Or removing GANZel SIGNALS. alk so cies. oi all enc otehe 811 123 
failure to fill up or fence holes or excavations on notice..... 811 1239 
making fires on streets, sidewalks, etc.—See Fire. 
PEt aces WU Id 11 So) LY ACE act ee eters Kg enue, chee ete. Hake tava hign Wes 871 1518 
throwing confetti or flour on streets, ete—See ord. 22564, 

Diep POUMOLELAO  OeCr LOS Tar Gia. cule caste eens ae oN 877 1537a 
drinking on, or creating disturbances on the streets........ 877 1538 
parades, processions, etc., when prohibited................. \ Ae fein 

Asi ‘ : 880 L551 
Speco 101) TORtANTOMODUGS.0 GLC. os wis. An agiala v's «A, dieye vo os { 880 1552 
driving on—See Driving. 
ie ITSO IES LEC es et! visits sce akicits SA hho ee Oa ee 882 1562 
Neat en) VET) GOT Leen) Wek Wi ce Cire he. g's a ccc ak ies otra sl eles wae gt die 882 1564 
driving cattle—See Cattle. 
throwing articles on streets, etc., that may injure animals 
DT REN STEN TH Bh ta Ce SE a oe Ne LS RL a Ten 891 1609 
for violations connected with Market provisions: 
occupying or transferring stall without permit.............. 854 1425 
persons other than market-master weighing................ 857 1439 
offenders of market and market-master article.............. 858 14438 
Be MTP ULSOl Met Och Ol mLOOU.GLGiits kv, 04.0 <celccadh)s aus sists tarde seca 6 859 1453 
connected with license ordinance violations: 
FEMOVOLOINC ALAC Ga WIGDOILG HICEN SOs So) o's iid ON aie he ite Tilak 689 
not displaying metallic garbage plate on wagon............ 718 691 
Merial Min Rete Y WITDOUDT LICCTISG: hei c sec bye. ro sharon bia tey Yuele ak 857 1441 
Keeping miGatsnOps Without HCENSe frit. nek eo jens ere Se Saws 863 1476 
junk-dealers operating without license..................... 890 1605 
unauthorized or counterfeit vehicle or dog license plate..... 892 1618 
violating plumbers’ license regulations—See appendix, ord. 
ee) Samra MICAS Pree Stee tE Giethe oe Ts a/b dw thas wie «Ce onus, oad EN 1150-1153 
; violating vehicle license requirements or vehicle tires regu- 

TATAQTIC MO LOS, VEMernOriRic Chi dite clad ocd e Moe: akane ee ete Dale whe ale’ 933 1810 
painting over license plate or putting on plate not authorized 936 1814 
fatlire "to Day vVeUIClECLGENS Gries ne Gey athe nae: Cds v\eoee 0 ele awe 941 1831 
violation of article on auctioneers’ license................. 1021 2136 
violation of article on bankers, brokers, insurance co’s, ete.. 1022 2144 
failure of foreign insurance company’s agent to pay license 1053 2280 
doing business as commission merchant or merchandise 

brokervor-assisting,” without, HGenseiran 6 iS fees 1023 2149 
violating: article on. dramshop JIGeNSGS Hinks we as vs eles eek 1029 2164 
operating electric batteries without license................. 1029 2168 
fortune tellers and astrologists, unlicensed................. 1030 2172 
operating hotel or boarding house without license........... 1030 2175 
Gomme sreald SSA les OUST eae ¢ Wil Url OU Ge paces oc Saceenie ni aeecait mat Ware 10381 2178 
doing intelligence (or employment) office business, without.. 1032 2183 
manufacturers failing to comply with article............... 1032 2185 


manufacturers failing to make return of sales.............. 1034 2192 


1258 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS—Continued. (License matters, continued.) PAGE. SEC. 
manufacturers,making) false statement... io. ..Jcc. wee een tees 10384 2193 
merchants failing to get license or otherwise violating article 1035 2195 
mérchants ‘making Talsesstarement so. seeks vurereiel nee oe 1037 2204 
running restanrants -withoutyicensere. 0.7) ee ee eee ce 1038 2208 
pawnbroker violating article on............. at ROR oe 1040 2218 
peddlers and hawkers without license.............0....05.: 1041 2219 

1042 2223 
violation of article on peddlers and hawKers................ 1042 2225 

1043 2230 
violation ‘article’ om ticket-brokersias anise enc se ee ee oe 1044 2230 
violation <article> ona runners oases ees lc con ecctaae eae 1046 2246 
doing business without license as stockyards, sales-stables 

or horse and cattle dealer ita. eters ties oa ciclerct bintetonete 1047 2255 
vault-cleaners, -unlicénseds 230 sen ere ee 1050 2269 
billiard tables not properly licensed, etec................... 1051 2273 
violation of license article for sundry vocations............ 1053 2279 
penalty failure to pay licenses 105% 2284 

NRE ete TORE ES Ar cia ikeets Ac cies ise 1054 9985 
unlicensed persons in charge of steam boilers or elevators.. 1068 Zao 
using city water without license, or abusing water privilege, 

1 A AMEN Menara wereree oar Mun rede iby va thn Np aye 3a evr 1101 2475 
using’ portable scale without! lieensev. dyucAe ew eee 1128 2586 
inspection or measuring of lumber after revocation of Rue 1129 2594 
méasuring lumber without, icense: wens sess ve ayes wee ela, pe 1130 2599 

offenses affecting public morals and decency. 
drunkenness. in: public- places sree eee a a oe eee ae 870 1515 
indecent exposure, indecent dress, dress of opposite sex, 

lewd behavior. Clea Pacem ee eit ben yt ial tc vw ae ee ee 870 1516 
lewd books, pictures or plays or performances............. 870 1516 
indecent pictures or pallitings in saloons...) bees see eee 1028 2162 
swimming incthe \dayvtne in ee Ais soa nie aioe cen eee 870 Ly 
keeping bawdy or assignation houses, or harboring girls 

UNder LS | oo PSs Ae omen rece te ae hve, goa ne, i ee 871 1518 
frequenting or being inmate of bawdy house............... 871 1518 
permitting house to be used as bawdy house after notice 

POM’, DOLCE oes eos ee Meas Sa tcrass. 4. 9a so bees ae Scare el Oo eee 871 1518 
street-walkers at night, or at beer-gardens, or as dancing 

Fab id En 21 A CR ae ede prt be 8 YS ot) eal ea Rr Bie bs Una os A 871 1518 
male frequenters or keepers of bawdy-houses............... 871 1518 
bawds “plying Wocation +s. mewcatee te are eas clo aie eee eta eee 871 1518 
note of decisions on bawdy houses, etc., see note to sec. 1518. 871 
enticement or attempted enticement of girls into bawdy- 

house; asslenavon Vetee wa cae wie ks es le cia ehate ren rerpione 872 1519 
employment of lewd women in dramshops...............-+. 872 1520 
opium. dens, keeping or attendimaer.. |. oc s..'.inmel- ey oe eee 872 1521 
improper advertisements for alleged cure of venereal 

diseases | 20h ee eo ee ees es ode clea krack Le 873 1522 
distribution of advertisements or books on venereal dis- 15238 

eases or for abortions, non-conception, etc............. 873 1524 
newspaper advertisements for venereal diseases, or abor- 

Lions! NON-CONCEP TION Cle ae ree ce he eles an a ee 873 1525 
gambling device, setting up or permitting playing........... 874 1526 
betting on igambling device neiGia woes. 6 sc 4s aie pede eee ee 874 1527 
permitting premises to be used for gambling................ 874 1528 
keeping common j2aming Rouse mis iecw.o +. ce aan eee ae 875 1529 
letting premises for gambling device: 2. <2 sla. ee eee 875 1530 
gaming? “cards, dice,’ bettine ete were ode esas oe ein le ee 875 1532 
establishing lottery or aiding or advertising lottery......... 875 T5338 
sale of; or keeping; tickets! fordoaltemesen... : -i 5. a eee 876 1534 
letting’ premises -for lotteries Bees oie oars se dice. es ea 876 1535 

1586 
spitting in-pwblic*places: i sctacamnncee fee wena ne oe meee ee 886 | to 
1589 


pigeon-drop ping’ 1S eee ernest on ete 897 1633 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1259 


Index to Scheme, pp. 279-286. 


{ Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


MISDEMEANORS—Continued. PAGE. SEC. 
affecting public order or peace: 
DIGG e GBHGMbBUES 3. sli URE he serene ms wrt Me ates 876 1536 
disturbance of the peace, assault, fighting, etc.............. 877 15387 
throwing confetti, flour, ete. See appendix. Ord. 22564, p. 
LLB OY: NOt TOBRC IOS TOen une Tanai te eee le be bk 877 1537a. 
disturbance of peace on streets or public places, profane 
latieuarce, canning sbeerrioatine, "ele: 60, oa cae kha 877 1538 
keeper of dram-shop permitting disturbance, selling liquor 
Mor OL BN KEN AVELBOTiaa cee earn G ee eres, che tem NOE Qe Diary 878 1539 
bands of music, parades, processions { saat ie 
: PDT OGe Ne OLLSic tie coke Mins ean late, halace ete ce 879 1547 
Pree PIN EC Telieiqus es worships ssl. cet ke Tre the see ee oe 878 1541 
disturbing lawful assemblages, refusal to disperse.......... 878 1542 
blowing whistles in factories, mills, etc..................-. 879 Aber 
false fre. alarm:cintentionally “caused viii. ek A. eee es 879 1545 
ringing bells for PUCEOUS TGC Aa Kote a aisles Woes cals tenons Cae ae 879 1546 
hand organs, or other musical instruments, on streets....... 879 1547 
Carmminewslonenshois brassuknuckles, 6tey oss sc44ss9¢5a. lees 879 1548 
; : ahs 879 1549 
carrying concealed weapons without permit............... 1 880) 1550 


decisions on carrying concealed weapons. See note to sec. 
Et hy ps Leer ols ea ATE AE dae mene Nae, ha Nad: 880 


offenses affecting the public safety. [See also under Misdemean- 
ors, miscellaneous. ] 


speed limit for automobiles and horseless vehicles.......... 880 ee 
Same, references to State Laws. See note to sec. 1551...... 880 

880 1553 

PONCE CULL tE ST aePePUCPRTLOD DL mabe ceed fh onde E es ce alps aha o'da pore. Glueseane fons tae ad tes o,.8 to to 

881 1557 

TASC) OT Vinee TU A WEVA Orses “COLLISIONS, asus «4 do ae dee sien 881 1558 

CT MELD MELTS ELS Sre ty ene eh testes Ge foe 2 ee igi a a) Sas ey red ake aS mclrored 881 1558 

aay ’ : { 881 1559 

GLEV isis LUMO LM ACEO TO DCH sree ie che tis widow © ik ls, weeta hia spurt love 1 382 1560 


rules of the road—See Driving. 
PIE TROT RR CLS Phe OE a CoA Sg te ice A SP ee ee 882 1562 
blasting rock near highway—See Stonequarries. 


: : Sra s 882 1566 
firearms loaded with ball discharge in theatres............. 1 882 1567 
Serineenvesrins Olsamimunition to Minors... 2.6. ce cs 883 ge 


speed over bridges—See Bridge; Driving. 
general penalty clause violation of article................. 883 1573 
driving cattle through streets—See Cattle. 


violation of steam railroad ordinances: 


failure to keep gates and watchman at crossing............ 946 1853 
failure to observe regulations as to obstructing streets, 

manning cars, ringing bell, whistling, backing up, etc.. 948 1858 
obstruction of streets intersecting Poplar, by railroads..... 949 1861 
Climbine-on “engine switthe in mMolions ist ket eek ec a Os 949 1862 

connected with street railways or street cars: 

BDITLINE IDF etreets Cure sae ks Sates aie PPR Ce er tn 886 1586 
minors getting on moving cars [repealed]. a ee er ee 892 1617 
violation of speed or time schedule sections................ 955 1868 
violation of any section not specifically covered............ 955 1868 
promulgating or preparing unlawful schedules.............. 955 1868 
violating regulations slowing down, receiving or discharg- 

in? Dassereeren Clee LONE: AGUGS Oem: ciciele ns ists Chee wv 957 1871 
printed copy to be posted in cars, failure is................. 957 1872 
failure to use new fenders on street Cars...............-5-. 958 1874 
operating Cars Without Tenders a eis cies 5 doe ns ela pew wets wes 958 1875 


PAINE OI LOU ela he Fae nivel ao eae a es tah 8 oe a oe lily awonis 958 1876 


1260 


INDEX TO REVISED CODE OR GENERAL ORDINANCKES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Louis, pp. 225-256. 


MISDEMEANORS— (Connected with street-cars—continued.) PAGE. 
failure to use proper brakes on street cars................. 959 
failure to provide new brakes when required............... 959 
failure to observe provisions for guage, rails, etc........ 4 960 
failure:to reconstruct tracksy CtC reac a as dest tec tee 960 
failure’ to repair space between rails..4.. 0.0 ).5 i052... due 960 
violating any provision of street railway ordinance......... 961 
driving contrary to right of way of street cars............. 961 
street railway companies failing to report as required, or 

interference with inspectors investigating reports. os L049 
street railways failing’ to pay license on notices... 2.2. wn. sen 1049 
failure of company to keep crossings and termini clear of 
MUGASNOW, ICE CLOW aS Veale ote he Wicadtes er abetnae ChE Teta frreete inte eons 962 
failure of street car company to sprinkle space between 
PALS  OUGS > i aAees aval teeta anaebe OPE RGN e! Haney, Werner ee Slats a gat 24 966 
connected with weights and measures, weighers, scales, sales, etc. 
selling less quantity of firewood than ticket shows......... 633 
concealing or attempting, weights and measures from in- 
SHECELON |). hohe <tomepeeene ce atelicte! SEG ae Rete ede Me Teas Tetons tie wae ane 1114 
false measures or weights, unauthorized use, etc........... wf Ut 5 
using/unstamped measures, alterinz, Cle ws 2. fast: lenis heir Let 


failure by dairymen, hawkers, peddlers, junk or rag dealers, 
without business location, to have scales and measures 


LOS TOs. eSia Wh pee ee did ceca le Rhian RUS RELN ORG (am een are ait Onan a he Ts Ey 
Salaviniwiolaliony standard. DUSHel s0Ox eee eee eee en ee pa 4 
violation in general of article on weights and measures.... 1117 
selling corn or oats otherwise than in prescribed way...... 1118 
violation of regulations weighing at private scales.......... 1120 
violation regulations by public or private weighers, what 

ATS KrETUlAtTlONS see Te ce ee he Pines nok oa aa ee eee ee tiZt 
bringing certain articles into city or selling, without being 

welzhed’ Gn ‘authorized  Scalesiy..au.. coc cas the eee See 1122 
wagons for the sale of certain matter to be stamped by 

WOELZTIOT eile TG rae en rev dice eter ke et 1122 


drivers of coal, hay, cereals, etc., may be required to go to 
weigher, false certificate, misdemeanors, sale of wagon 


and: conten ts, GG AakS oe eore edth re ee eee eee aoe 1124 
wronefulscharce for wero hing ch itee a te rei ne eras te GUI | 
failure of owner of scales to file statement of his interest 

therein © ys 055 ee a a ea re cee cree eee 1124 
dealing in unweighed coal, etc., prohibited................ ae 
selling short-weight, altering certificate, frauds in weights, ¢ 1125 

th en AG No Wet ctr Mae cma teoeMe eee ahr se bey Beas) ike omy 1126 
liquortatYwelghing \scales.: ota eer sequels tues sister ried ae mene te L126 
persons unauthorized acting as weighers.................. 1126 
persons interfering or abusive, etc., at weighing scales...... 1126 
weighers and sureties not to deal in articles weighable...... 1126 
weigher not requiring packages on wagon to be properly 

AVTATN ZOE Ay. val Are, ve woes hl deg teeter tale tel the eet ye. Le NMehaiaan AinCee 1127 
general misdemeanor clause for violating weighers’ and 

welgshine "ar ticho.” 0 7iis) Peek chee ie ae aia eee Se Tetras 1127 
violating articleson glum ber .Measuringin we os vi. aulewerenicet) ote 1130 


MISSISSIPPI RIVER— 
See Wharf; Harbor and Wharf Commissioner; Obstructions ; 


Bridge; Jurisdiction; Boats; Riparian Rights, etc.; Swim- 
ming; Driftwood. 


MISSOURI HISTORICAL SOCIETY— 
authorized to erect building in Forest Park, archaeological pur- 


poses; ete, seenord.422593 .appendix’ sa... Wo cc ee nee as ele 1164 


MISSOURI INSTITUTION FOR EDUCATION OF BLIND. 
powers ‘of ‘Board of Health concerning <a. ..%hs.c. 5 tte a ees one ee 664 


SEC. 
1877 
1878 
1880 
1881 
1882 
1883 
1887 


2261 
2262 


1890 
1903 


329 


2532 
2536 
2538 


2546 
2547 
2548 
2551 
2558 


2562 
2564 
2565 


2567 
2568 


2569 
2572 
2576 
2573 
2574 
2575 
2577 
2578 
2580 


2581 


2583 
2599 


447 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1261 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


MISSOURI INSTITUTION FOR EDUCATION DEAF AND DUMB— paar. SEC. 
, 664 447 
DOWoerss Oli BOALGROL LE Ooty TESNCCliNne:. 42 ak cists othedeieia Rods cs 664 448 
MORGUE—See Coroner. 
UNCEY CONT EOLOLS COTODET =), 's vials cca at tue Meee telat © aii ita 617 258 
rp UP Corpse ho Daley alert U6 ced oe a eee mA FS aang "7a ee a 617 259 
in. Chareenon.w noni. when tobe open isch | ere eh SY oe ee a 618 260 
SUP Oraiy pee Ue Cmts tual ULLOS S58 area /scca icles @ BROOM DET ARS hve a Eun tas 618 261 
BOG ICS ree AIL AN 2's 5 5-4 oils AOE Si CFE ee ES adele bis 618 262 
TOUUISI Lous erOr yr epairs: ald SCUDDER ee akin eae k oe el: Meanie k 618 265 
Sree A cCourierLore EOene KEp tol, wyeikeee delc ape eh mele etek. 618 266 
SOLA PrOrmeOr mor COLSs yee ae oo bi 2 og De hehe iy was eee CR 619 268 
interes CUaAreGroly Health SCOMmMmissione;@rne. wees sir kn Sek dll ds Shins 665 450 
MORTAR— 
See Buildings. 
DESL DeCOssar il) DULLGINGS . cuted pene tate eee HAT a elo hietec 570 83 
MOTOR-CYCLES— 
See Automobiles. 
MULLANPHY EMIGRANT RELIEF FUND— 
history and decisions concerning, see note to heading of Chap. 19. 901 
BOC mOie OM sstOners mnOWy TLAILY of. van tie iters cic ace Giere esi atule 901 1654 
COMmMnIBHIONOLo mG WimeleCleUreLErisan  OLG. ik ures aim tale Dale nee 2 901 1655 
: - ; 902 1656 
VACANT Om ail OAL Ta Wor LlGUs carokie Were. hic elsle fide ele doe wletecettig wba 905 1672 
DIA VO URES OLIC Iles IOI GI Vai showde i lelate ore Gra nil evs lore youd seas 6 di ceil ainsle'e 902 1657 
NOM COM PSUSALIOUY UO st OM Sel ONGL Si a) siiitints ate > veda a cde t's 902 1658 
OLUCeESIOLP Ss Warne one a atakin Cale bie mine S Es tec Sorte eee hols oa 902 1659 
REAL CRM CERNE OSE ee neal taeda pt WN Olinin eieter ota aNal als fe av iidllbie whe @e''b' 902 1660 
DOWEL OMG tee OD LUN ey Aree ate shel cM dtd oe ueUe tO y lav oia’wave wi ele lave a's 902 1661 
NISC SAL g eo Ch MEGS ite ee dae Bien A LE oe Fn a Pe Ce ee 903 1662 
PeCUMIsea Nee DOlLetOre OAT at Gh sets vi atett eerie & hla eis ce ute we thee 903 1663 
Mitiessand, Salaries OL OLNCErS sOL BOAT eee ale ciate cece e's 903 1664 
PL tOSme NO D0 Wels (OLE TCOINGE COLT 0 5 to leters Utes inten elk 4: .0R wie. cial oe 903 1665 
DOW Ors wall GOULLOB EOIN VLCO-P TOSIOQeCILb ay sia lalstr eaisie inte she's blale ae ws 0 904 1666 
duties, powers of Secretary, publish records, keep accounts, funds 904 1667 
assistant Secretary, powers, duties, assist emigrants, protect 
EGE MATES gah Vala iougie st ROC NG » Qa RL Oe ie gs eA ag a ea IRC 904 1668 
HOCMPeINIe TAL Ce nO Wa DLO VAGeU! 1 Oli. ahem aril la aie, eile 8 olahe eiaee one 905 1669 
CeCe Orta WaCLG BIOCHLEU se WOMTS 1 ot etcat.. bie pi selhle She Ws so silo ld las uy e's 905 1670 
TeRMeeC Le an OWSBOLO Ole LOABOU 27 tie te See) scat aise epi cholo oaks vin & aie e 905 1671 
VACHIC VME ORT Ose Wheladeemeds CO, “EOXISL Wiis es ii sie e's cate na ss ees 905 1672 
MUNICIPAL ASSEMBLY— 
[This heading includes matters pertaining to both Houses alike; 
for matters peculiar to either the Council or House, see re- 
spectively Council and House of Delegates. |] 
rooms of gee E 
ny COE ae ve, Sie UP RA AINERW MLSS) ods /RiSea gy ecole wie’ ei-e eS 548 9 
658 415 
ferry licenses Dye, Aud revocation CNGTCOL Ais fois 60 see eo s0 is bee Bis 659 420 
661 429 
GItV ALOT eG Van CGm 20 VEG vm ke etait ae aie a choke ooc at d's sree alee Kk e's e's 836 1339 
either house or committee from, when may call on City Counselor 
De ACh at eaae Lee ee ee Teme Pee oly als, Geog! «as bux si soa a8. Am 841 1369 
elections to, see Elections. 
COUMLDPGNSALLON BOL SINGIN DELS MOL eae eat sare eolieais sw a's gieiuie oy itiale 843 1378 
BALATI GR Ole GLI Cie ieee Cee tare ee ete ne ccs Wil ede ya s'e ae belies’ 0 vos 845 1385 
: 844 1379 
BHC BODO LOT g OL oa WIRCELLLOE: PePUME Tele aie a as 2% sed a lere hes ee nik 1 866 1496 
PAMOVALOLSBGLATIOO MULUCOT OL OLE pitas 60 Gu ulna cts wuss 8 ack Ee oR ene « 844 1382 


1262 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


MUNICIPAL ASSEMBLY—Continued. PAGE. SEC. 
oie 845 1386 
janitora for: ee Re ete ec tonee ¢ ck eng een eae / R45 1387 
rules and regulations made by each House of.................. 846 1388 
resignations: Of? MeCNUDers moO aerate oe cohek sks in tasnlcketo-chedencualo pe ere meee 846 1389 
elections to fill vacancies—See Elections. 
printed copies of proceedings of, to be furnished members...... 846 1391 
printed copies of proceedings to be furnished to whom.......... 1002 2043 
may authorize subpoenas of persons, and production of papers in 

investigations: by.4Committees: GtG a..2\.i,.>-sceskniel evel rea 846 1392 
proceedings in casevolpwerits-ol subpoenas.) sie ee eee eee 846 1392 
decisions on right of, to punish for contempt for failure to obey 

subpoenas, etc.,. see note. to sec. 1392... 2.) wheats Meera 846 
attachment of persons by, when may isSue...............cee08- 847 1393 
contempt, :contumacy, .etc.. how, dealt  withs DY .. + .o. me eee ee 847 13894 
either: house..may (issue subpoenas... ). Wcee ast te eee eee 847 1395 
réequisitions,: "WhOer bo MAKE A. os cee cal eek ooeealine ap eene aera eee ana Be 848 1396 
convened by Mayor, organization new administration.......... 865 1490 
to determine who elected Mayor, give notice of installation.... 865 1491 
installation SOF MM AVOLFs DV Aiea clea nave Weta mumnere pret eer ee Re 865 1492 
committees of, may require presence of Commissioners of Penal 

and =CharitablerInstitutions \. \ ic senree 2 ee ee ee nee ne 914 1723 
may hold intercourse with Work-House prisoners.............. 922 1762 
proceedings of, to be published in what form.................. 1001 2037 
may inspect returns for license by manufacturers.............. 1034 2191 
may inspect returns for license by merchants.................. 1037 2202 
ways and means committees, examining treasurer’s accounts.... aaa ae 
same—Comptroller and Fund Commissioners................... 1082 2392 
to have access to Auditor’s books and information.............. 1088 2418 
Comptrollerthas seat) in, thule mor voter ye seer ee re eee 1089 2427 
pooks of: Treasurer, open ito inspection (Ofc... eee bee oes 1092 2439 


MUNICIPAL OWNERSHIP— 
of lighting plant—See Lighting of Streets, Public Places and Pub- 
lic Buildings. “ 


of locomoattyve, \etc.. Tor wales WOrKS «1. < oe een ne tee cee eee 982 1962 
MUSEUMS— 

er 2270 

| 1051 2271 

licenses for, provisions, etc j 1052 2274 

’ p SUN aS aie isn Celene: @ mle) © 0 opti @ 1606 neues) bp auellalia: =) s)fol ele 1053 2281 

| 1053 2282 

(1054 2283 


See Hxhibitions or Shows. 


MUSIC— 
bands, when prohibited on streets, see Misdemeanors. 
hand organs and other instruments, etc,, prohibited, see Misde- 


meanors. 
in parks Provisions cONCernINg a. e ne ee ts ee een 999 2034 
exhibitions for -eain. license st Co reel oe ere ae oe ae oeoencee 1051 2271 
N 

NAPTHA— P‘anr, SEC. 

613 233 

how: eiarded wy). eerie os oat rcke feast ease che dit coe eeiane ae Cane e mneeS 1 613 934 
NATATORIUM— 


See Swimming Schools and Baths. 


NITRO-GLYCERINE— 
regulations 4COnCernIN Si s42 Gia the oat le wield o tae es ee 551-553 19-26 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1263 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


NOTICE— PAGE. SEC. 
of compliance with building code laws—See Buildings. 
that new theatre building does not conform to ordinance....... 607 210 
where, Dulldinge cis sdanrercdsy Or UNSALE 0... ss sku vies es cade voce de { ae ae 
La TOMOVe. SLMIClUress bey ONG nw OaTieliuss o4 wa os or ata sty 643 350 
in case of obstruction of harbor by wreckage.................. 644 355 
whereewvoert sODe LUC tet Ov LOOGN fon oe oc cals cloth eb oes Oiled bs 646 362 
to owner of cow-stable or dairy which is nuisance.............. 683 522 
of prohibitton of sale of milk from diseased cows.............. 684 529 
tO COUMGCEIDE Vics candm vaAlLLS WILD ASGW eS: so oe te oe eu eee bw eos 691 576 
COMTECOUS CUCL WOPmCODTOGt. VATELLS SCLC. at, c/ascale cise sais t avlcls Sea os 692 578 
NELOTS COMWVICLION TOL MN iisance: ON PreMisesiie. sveks eek bce dc be ces 698 591 


to abate nuisances—See Nuisance. 


in case of contagious or infectious diseases—See Contagious or 
Infectious Diseases. 


EUG) hee res ELIT oie rer ee Me Ne ete he ees ha ae oN duels § (oes sla os woke PAA Sr te 740 821 
of district to be benefited in street opening cases............... 752 878 
LOC DIOperly OWNEralo renal isidewallin cece s stele EB Sow ke elerwelees 758 904 
SURUTODCTL YO WUC ICO CTCOAILE AILEY. suite oc see ee aati hla ok) fae ba © 759 910 
LORECINOVGRODSEFUCUIONS LUOINE DIS OU WAYS. sata hs ck cents, 66s ol ve wb 769 934 
LOVTOMmMOVEe Obstruction by, publication, “When soo ns6 0/5 Joe bw este Be 769 935 
: : ; 788 1124 
of change, alteration, etc., of poles or wires in streets.’.......... 1 800 1182 
CORTCILOVErUCaU me IOCLEICU WET CGS oe cacc ey tava outi's, gh ata ers om ak dh absiauhys, araiie (3) 1151 
LOE TU Ory TENCERCXCAVALIONS 1 core ergs sin sis es Stn ee SREAC AR one eel tos 811 1239 
to properly locateseas-and) water! stop-cocksiioc nn fs elem we ae. 812 1244 
to property owners to select shade trees................ cece eee 814 1255 
and process in Police Court cases, to be on City Attorney for city 827 1302 
OL -specialusession Ol, Municipal Assembly... i... ee ads ee Ie { ye he 
to Mayor of installation, from Municipal Assembly............. 865 1491 
PA UECOG SINUSES OS ILILZZ LOU ce teal ten te etre ne) ol chai eal atobalid cms (al ets: 899 1644 
of charges to be served on suspended elective officer............ 909 1697 
: ] 909 1692 
to council of removal or suspension of officers................. { 910 1703 
CL UCeCR COA WOLkKALOURG MS DUISOLELS 11 scare @ ayia cis Mere ona Aiocatye, osaed al ae 921 1757 
OLETOHUSLEtLONSSUL CO LC CATS rote iste temic e's o nik tol diape ol a UHL Aaeldos io) aks 958 1874 
ALP a kOsal Gi SLY ee tt CALS celeron slate olauhshenewe, «yeh SivkelSidtinba'ele a: c/a) be! aus 959 1877 
LOQETCDAITU SLY CCU-CA PALI ACK Sige. ciele ciated a aa bad vibha ons Wig trate, louse aldlel 9 €. 960 1882 
of report use of railroad way by another company.............. 964 1897 
to Mayor of surrender of street railway franchise............. 965 1900 
: . 967 1905 
Ole era Le MeCClliio ne twig bate sitactertishs aia ateratatatets te yein’ a) oe’ e vote ais. ¢ fePmcw 3 { 967 1906 
no action without notice to absent commissioners.............. 969 1914 
of proposed meeting of B. P. I. to consider street or alley im- 
DRUCCTHOILE MLC Clee ote h oa oad Pallet cee hans. ah aren taior Bass, waa ausse Sroyers 969 1918 
of hearing of complaints against defective public work......... 972 NoEE 


of lettings for public work—See Public Work; Advertisements. 
of difference between return and assessment of personal property 

TCPR EEL DE) CURR Re ely ER aha ec dint ataie) cateit s he ie ees new os 1011 2095 
of completion of books in assessor’s Office................e ee eee 1011 2096 


by publication of merchants and manufacturers provisions as to 
license taxes—See Publication. 


prior to revocation of ticket brokers license.................+6- 1044 2234 
by license collector to street railways to pay license............ 1049 2262 
of hearing before B. P. I. to compel connection with private 

SEU @ Pk te Ee le, ite atteldis ciel aeiuiers muse ky 8) 8 a whe esa 1061 2311 
of inspection of boilers ten days in advance...............+.4-- 1067 2329 
of change of employment from licensed engineers.............. 1072 2349 
Or cefects inv eGlevators from INSPeCCLOr cs oh). ces ook oc ale eee ess 1074 2361 


of plans, etc., and contract for building new boilers or elevators. 1074 2363 


1264 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


NOTICE—Continued. PAGE. 
by Comptroller to parties whose property city acquired under Spe- 
claleT'ax,) to -besredcomed serrgns areiin y ecaly cle ae ee ee er 1091 
1102 
| 1105 
in connection with water-pipe attachments.................... { 1106 
| 1108 
(1199 
NUISANCE— 
general note of decisions on, see note to heading of Chap. 11, 
7 %G i PAS Bee eS Ps REN pene emt ME Qa ee aS ING TNs GE ilar beer ebb A calea 4 693 
f 647 
OD) WATE eee ie ok ete tee eke tao recede ak ects See A Raper sete eae ee ec 1 982 
ON. SCA VENBEL SOUTD seo ergo ac aiahecec, slat aieee tepeiatl al etaigh tet React aie kee Ramee { bee 
right of Health Commissioner to declare and abate............ \ se 
when idairyor, cow-stable. tov be deemed vo ..4106 cau seen nee { ae 
notice and hearing whether dairy or cow-stable is.............. | 683 
i if -8 080 
abatement: of, ‘dairy or. ‘cow-stable.3 3 ae pee cee ae aT 683 
{ 691 
privies-and swater-closets; “WDE itt ph een ae mie ee, ene 691 
701 
powers of city respecting nuisances in general—See note to Chap. 
TAPES eB ele eke CMa rt te eA SIRS Ad 20 Oe CY aie ok OA 693 
decisions on obstructions to streets and highways—See same note 693 
Sinks’: basins; "@t@ ec! savs ti. wearers ere ae enn Aaa atlas Oe er dee Sa aD ee ee 697 
when stable, stall, shed or apartment constitutes............... 697 
hogs and cows not to be kept in pens so as to constitute........ 697 
hogs and pigs.:in ‘pens arerwNen wes, Wiles a cwse coer ene meee eee 697 
nauseous liquid matter, filthy water, etc., when................ 697 
putrid meat, vegetables, offal, ashes, garbage, etc.............. 698 
notice before conviction of filthy premises, etc.................. 698 
when owner or:agent.of buildings liable*forees.. =] 402. 2 ees ‘ ond 
burning of. straw. ete, cwuen:, (See fires; )i os. ee we eee Beene 699 
dead animals as, see Dead Animals. 
dead animals:filthvrubbish(on streets. i225, oc ee eee ee 699 
slaughter houses, when—See Slaughter Houses. 
green, “unsalted, hides; “Constitute 2.097 ok ciate scene oe en ee eet 700 
bone, ‘fat. elie, ‘rendering vetcaris os) ee cae ate i ee 700 
soap, candle, glue, sausage, manure, coroded lead, factories, when 
CONSUITIEG alee erteee eis hots toe w stems Weetne eae tees ate eie an Ses 700 
filthy drains, garbage and manure boxes @s.................00. 701 
garbage and offal, when—See Garbage. 
foul liquids not to be drained into ponds, etc................... 701 
putrid fat or stinking grease or rendering same................ 701 
regulations as to garbage and swill carts, etc................... 702 
refuse,, Tavs; Waste, ELC... 007 10S oon ok eee oaks Arie eee eee 701 
throwing” matter into; sewers, or creating 2.0.4.0 cera ed 
when tenement, boarding house, ete., to be deemed............. 702 
leaking from defective’ pipes {etc.s.. 3.2. wee. ae ee ee ah Gre herent ee 702 
PONS, WHEN shale alies teeter con bie auger es sees dela ta Uht GG) ceaRICaMEN, cae ee ee ree 1 a 
pond,how abated, nolices Dearing. 6tCive eis eins) ee ee 710 
pond, expense) draining, sfinne,, GtGi.. ni. ea eee en 712 
discharge. into: streetof iithya water Cle. 75 a ie wee es te 703 
wells and’ Cisterns).. WhEMSG Eo see 2 siete cic sere bc ee eaten ee ee 703 
WEES, “WHET: aati. Ric's chem lesa wlagabe abou ees Gale ne Teetete ale tecalta et aetna) = arene La eae 703 


SEC. 


2434 
2482 
2491 
* 2495 
2510 
2512 


619 
to 
623 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1265 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


NUISANCE—Continued. PAGE. SEC. 
ordinance required for stone-quarry, brick-kiln, soap factory, gar- 
bage or rendering works, livery-stable, automobile works, ete. 704 625 
same—exceptions, what buildings so used...................000. 705 626 
manufacturing injurious articles, or emitting bad smells, etc.... 705 627 
halen scarey 8h galas eerily AC a Se Re ag RAS ee ee ey a> ene 705 628 
penalty for Violaringe eprovisions. Of \article. Oni... ssi neces os 706 630 
CLEC Oe Lei Wd a nt Oe a al ae acc, de he sialinal oo S-s acoatae WN f'mle sds e's 793 1151 
NCA ENODSs LONDeL Bee Clone ANC (TGC Ole. ao slate 6 vce nt snce sie e.g. Bee 863 1477 
VEE AT ia EURO Ces CN eka OL eee ae etl gC eral a gina cea le (lel sa tw eie ois, 6s» 6 5.6 863 1478 


when smoke emission is a—See Smoke. 


abatement of. 


new O60 450 

vee OE Gly MC OMIINIS BLOT GL e ire 2 «aia kate ckarede: Shales, o/ stalk ye obs bie aos Wire's! { 707 626 

2 683 baa 

Cem AT Vr ODE CO WSL Gerri terse ores eth, Breve Sa. bal wees coe le'si v0 683 593 
decisions on, see note to heading of Chap. 11, Art. 12....... 693 

: . . ( 698 590 

Diet Lye Dre liised coke tier a wie ete ith eiocte Balnc wd ks ag y eonhalers ‘ 709 642 

HUCY. Ole, DOLICGL ts ee eee SOM TELS esoe cay eI RG ae olntg lh aati elect «9 706 631 

power of police and employes of Board of Health to enter 

DISC Oa bee eee ree ie eed aenroie le Cakes eee aioe 706 632 

Board to confirm Health Commissioner’s actions in apres 707 636 

TSA Lee foe Seer etn etecae ge) aid URS Ta ark eg all g 708 639 

[ 707 637 

; P 709 642 

notice to abate, hearing, etc. (see also below)............. } 709 644 

eo wal 651 

708 637 

DONOILY TL OlMLaLIULe PLONE DALCT ceiecnie x Uk alt htc laib-e eel gw ects 710 647 

TA 653 

, 708 638 

Pere ree Chil Tae Cle PE DOE Liver ierarsiel kate create coaue as, Ax oc) < sds oe Gora its aca es { 710 649 

REPO OALU OL EtOdttis Ol CCODOL rd a fares +s ans heed ok ners { oe a 

Board to direct abatement work, and how paid for......... 708 640 

President Board Pub. Impts. controls abatement of........ 973 1935 

WOGCHIME resigentut. EL jal (CO, GITeCti WORK aa 6 oe cree ene va hic ke 3 709 641 

( 709 643 

manner of service of notice to abate 709 644 

PLDEL ED ete eel eert cad i WN oa he { 711 652 

tell 654 

CTC Om CRORE UE. aie, sc cect. he atti s cauae oe Oeer Phadne aise A ae eas ares 709 645 

VGIIEE RS CCH IRL URL hy eee ne Senin SOs tae cae te eatin Sigs cPATS aN! a lduar a Sal's or 709 646 

710 647 

RTI COR AUG Srey o ac seer 5. ee eo ate Fates soteue alelace minactidcs © she's { 707 637 

abatement of pond nuisances, notice, hearing, etc........... 710 648 

710 649 

BEGCer Ines ALO TaADALC wo eeNCTAly 1. ec tsdteies Gaeta the woe head's to to 

TL 653 

cost of abatement when charged as special tax............. ya ie 655 
decisions on charging as special tax—see note to sec. 655... aul 

Sica Let es eee ae se a LE, ALOT) crake, aca wav inlire, , of fom inLaighalelnss 712 { oad 

Health Com’r to keep record of abatements................ 712 657 

BODOTAUON Hl ererreE AOL DALCINIOINL aie aie & aide odie 9.4 din Sadie Stasis 712 658 

apportioning cost abating pond nuisance by drainage....... 712 659 

SATO Wilerewe DaLeeUys TILLING one 5 oc vib ok 8 ka a hb edie Aca tba Wels 712 660 

SANG WHEELS DOLUBUTe etn OnU iets ieee ee ie wing eee es 712 661 

President Board Pub. Imp. to contract to abate, when...... 712 662 
2 

defective drainage, sewers, vaults, cesspools, etc., expense... { Le on 


POBG AL. BURL IEIS CG PLLOW. SCETALUCU Or bee v.t wih vied 2 ree efit’ 713 666 


1266 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


NUI 


Index to Charter and Notes, pp. 463-542. 


SANCE—Continued. PAGE. 
special ‘tax: Dills* for How Amada ait cys eee eee 713 
contractor, abating, right of entry to premises............. 713 


contracts for work for abating, special tax bills, how issued 713 
burying dead animals in city—See Dead Animals. 

removal and Vabatement’ Dy. May Or se. ee ein cee aac ee 867 
abatement of smoke-nuisance—See Smoke. 


NUMBERING OF HOUSES— 


See Houses. 


NURSES— 


See St. Louis Training School for Nurses. Also names of the 
city institutions. 


SUNSTVIGOT MOM ae eee oa es eles eae ane og nS in Ceara oh rete aaah aes 726 
qualifications of supervisor of ......... Blab ee SE ON I RU Eee ere T27 
Salary x Of SUPCUENISO MOL i. ven cic hate oe ee IN ae Pe AE IP ite 127 
Salary. Of siwere he se aioe ad veuc ae bole WUala: Sudeged CLA gs nck eC An te 750 
rules. for selection: of; .ord:°23001 in appendix, 72) wee oe eee 1142 
O 

OATH— 
by ‘clerks sof -Policay Courts... ox sae ee eee Lee Re IIE y Skea 820 
by party acting for disqualified marshal selecting jury......... 825 
of jury wn ePoles Court ya ets peter dale has eae Ge ne a ie) Ie ae 825 
to be ttakenYby. all voriicers falcon Bcd caret ehee ete ic tee ee eee 906 
Hled swith ("Rerister ogy Fees acces ok ohinhe cso enero reanae oper atcoc lars em 906 
administered by President Board Pub. Improvements on hearing, 

GOLECtiVG (WOPK eo Ue Ch EA veer ceeemehe eaten a maaan a oe eae 973 

administered by President Board of Assessors.................. 1009 
Of district fassessors (tO ZTeporiscit: oe os oe es hee eee ee 1009 
of: Builderon» Board Haqualization J7eoe osae ee eee ee ee 1013 
of manufacturers: to license-taxvstatementini ns nee a eee es ihe 
of: merchant: to Jicense-tax statement aie et ne eee cl auieles Vitae ee 1035 
require@of pawn brokersy soya cacao orate lace ne oe teh ee Si ee reer 1039 
Auditor fmay. 2am inister 74.7 Fads: ek en ae tee sete eek ge) ee 1086 

OATS— ; 
to *be Bold sby.“ whats Measure. Pi. cis cae cen ener are oat er eet len ean re 1118 

OBSCENITY, OBSCENE ADVERTISING OR PICTURES, ETC. See 

Misdemeanors. 

OBSTRUCTIONS— 
fire-escanes and: stairways. to-besfree: of... ica oe fate ee 584 
aisles in theatres and public assembling places to be kept free of. 608 
in -river, city cannot place, note to'sec. 3452.0... 5.2.0.2 os wets we 636 
east. of eastern ewhart: line 3. oo. 5. aol ee ere te a ete cat ee tes 643 
im ‘harbor, by; wrecked. boats; ‘proceedings ]..2225" ocr as ee ee 644 
of (wharf by (goods) ete, “how. TeMmoved Jair wm ce a semana hia wl rei aeates 645 
of ‘wharf*ih “eeneral” misdemeanors... ee sete eae a ene nee 647 
of :wharf:to be removed, penalty for failure yea. eee ee bee 647 
by sinking or wreckage of wharf-boats, docks, landings.......... { pte 
by tSunkken (fer rysDOaye ctec. seedless abe etnies aaa toee Ge eet re en ee 661 


of wharf and levee to be prevented by Harbor and Wharf Com’r. 982 
of highway, when a nuisance—decisions on—see note to Chap. 


DAA PE Dir ee ee ahete cece 5 Hiatt olelc lc pea Nor ere: 2 CEN Umm ane on oer 696 
to navigation in Mississippi—see note to sec. 345 and note to Ch. 

Lye Arty 12) eR el ek ies Ea Sate eee ote ae nn eae eee 696 
in streets to be guarded by danger-signal, etc.................. 763 
temporary, of streets, while building, regulations, removal, etc.. 765 
same amended Ord 22880, ADDENGIRK: secu cues eewiaicnamh eh ete eee ee 1145-1147 


temporary, of streets and highways, see decisions and references 
tO! BOG. O28 ei ERR A) sie e © re, ein, Stee IC a er a pens Ot nee 767 


SEC. 
667 
668 
669 


1500 


743 
745 
745 
872 


1273 
1288 
1289 
1675 
1679 


1930 
2081 
2083 
2101 
2186 
2193 
2197 
2210 
2409 


2551 


140 
212 


349 
355 
361 
367 
368 
382 
384 
431 
1964 


‘ 924 
928 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1267 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
{Indes to State Laws for St. Louis, pp. 225-256. 


OBSTRUCTIONS—Continued. PAGE. SEC. 
temporary, power of Street Commissioner to remove............ 766 928 
and rubbish from burned buildings on sidewalk................ 768 929 
of sidewalks, by merchandise, projecting signs, throwing articles 

OTST LS ee ae ee etl EM, fe ee ned NG eho nies ed Fa eA ak 6 oo 806 1216 
in highways, preliminaries for removal, Street Commissioner, etc. 
Wea One ae Limam arches WME Sn Cor ores er eg CS ee ee ie 768 932 
in highways, duties of City Counselor, Mayor, Marshal......... 769 933 
unauthorized, in highways, misdemeanor...............ce-ce0e 808 1224 
NOtICSMLOTTeMieve,.1LOln SLTEOLS ANnGURIEN WAYS? onc stews da eb ew dad 769 934 
in highways, etc., to be removed by Marshal, when.............. 769 936 
special tax for removal of—See Special Taz. 
certain wires, etc., not placed underground, deemed............ 780 1097 
Ul reeineo Vision SrallLOads:1 OTDIdGeI. . sei. Sides ware o se gees 948 1857 
Dee roOnarcstrecl py wtanroncs «l(OTDidden 224 scm Sec a wis ee oes ow 948 1860 
; ( 1064 2318 
of sewers peal ott. 
See ko rae 45 ae EE Re ae Oe Ahan OL Ieee ain ears aera ane { 1065 9394 
| 1065 2322 
O’FALLON ’ PARK— 
See Parks. 
OFFAL— 
See Nuisance; Garbage. 
OFFENSES— 
See Misdemeanors. 
OFFICE— 
DUR US ES PLUG RAO Ss EET 5 Mi EE Ba eo, A a Oa en ae So 548 1 
Site COMUDGEOSHIZTIOU OD Yer NA VOr cia ek. hia twain thy yes gale Yale) lik a we ve 548 2 
PILOT oO meterCONT Ol) Citic. cia tier cig tpt a tad ene, Ceti Saw rel eit te Sata 616 247 
tenure of, not to be affected by repeal unless, etc.............. 850 1412 
of Commissioners of Charitable Institutions. ................4%8. 913 1716 
of Boilér and Mievator inspector-in :-Cityehallic. 2..se Tic Ak 1067 2331 


OFFICE BUILDING— 
See Buildings. 


PTE CE aE IESP TINE COOL stores eet rey pac ais) < pA R eRe Tote hoe as LA IN ye 567 71 
ogre are —— 1 OAC MDELINICLEAC! a rist. aoty stew Seele aren iil Mic eae ee cd Ee She 568 75 
WECUILLOUM Ay all aesili te A one e ey bes 2 Dat, in en, Oe MOAR SE: Ot a 8 575 107 
DLOCSCO Mey LU OATLICION SW alien ii) ko ste tice OL Okla a tke Reh se weal aiaye, nee 575 109 
pe Ags ee aR RY cay HL ge TU te een Se Sa Beal AN tem ae AO a Sk a 582 ret 
po abe atPel ca oe) 08 Bi Pogo So GRP keane, nel oy ag et eR GORA a SPO RM 583 138 
eres CheOLeLOOPSST OG UIC COPEL eer hee wills oo eingde eee che hie alae ele dhe ee 592 173 
we 
OFFICERS— - 


See under names of respective officers. 

appointed by the Mayor—See Mayor. 

approved by the Mayor—See Mayor. 

approval of by Council—See Councii. 

BOLE Var. CLOTS VECLO MAUL VASO PrN eran a oe SL gis ate Ani oreo in eo eta ata. 8 ec 836 1339 
of Council or House—See Council; House of Delegates. 

impersonating, misdemeanor—See Police; Misdemeanors. 


qualifications of all officers; officers can hold only one office..... 906 1673 
BOUMU IRS tO Ee IT OUe DOLOLO AEC UlILS 807 eek tie 154) url ale fy s aioe o Seats ts 906 1674 
AAD CO DGAEA Ol ii Al Yea ale de ke et ws Be nk: UR od gc tare Bestel arpa ek cele 906 1675 
PIA LO RUG LUE ED eee eee aC ay Gils ane “SRO +o Gaa"e ake bee 906 1676 
UP OVRL SO i tir  creites aera en he ne as Pi VEC ANE wage la ws Dab aide 906 1677 
issuance of commission, filing of bond and oath .............-. 906 1679 
WOON TeCUITad COL ete NO Wr BOD oobi 4.s ele OA eile o whle ge, de acbly'e's 907 1680 


when Mayor to send his appointments of, to Council for confirma- 
SLQURIL ls ssren eae te aie tt Piet ec Rete Pitas hod in, cc ahaenium 44.0, 9' ofa alesse & 907 1685 


1268 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


OFFICERS—Continued. PAGE. 

deputies, assistants and clerks appointments must be approved 

bys Mayor before “qualified: Sion ae ee re ee ee ee eee 907 
removal of, by Mayor—See Mayor. 
decisions on removal of, see note to sec. 1686.................. 908 
changing residence from city, vacate their office................ 908 
leave of absence; effect if absent without leave................. 908 
elections to fill vacancies—See Elections. 
removal) of.for“what-acts: or onssions<...... 6 os ee a ee 909 
fraud, oppression, negligence, favoritism, etc., when misdemeanor 909 
elective officer, when may be suspended by Mayor.............. 909 
Mayor may fill place of officer under suspension................ 909 
suspension of elective, how effected, charges..................00. 909 
charges against suspended elective officer sent to Council, Special 

Session) ‘of ‘Councdie fine so. s bidentate cv cle earls a ete See 909 
committee of prosecution to inquire into charges............... 909 
committee to frame charges, day set for hearing............... 909 
charzes*and notice:to be served suns Sete sa esc an ied eee eee 909 
trial, of charzges*against* elective; procedure, +.. oc. se aes ee 909 
removal of elective; snew! elections... 07. aw eee ote ee 909 
proceedings trial by Council to be entered on journal............ 910 
subpoenas} for Arial by. council-of 7Celective): a0. cee eee ee 910 
depositionsvatitrialoolin<the: Council verte came cet ee 910 
representation by counsel of accused, and of city................ 910 
removal of appointive, by Mayor, proceedings.................. 910 
appointive, ‘removed, how. temporarily “filled, 3. 2.0 ..centasus oe sees 910 
appointive, removeds NOW, i WacanCy til Gade s ree), cle te een eters 910 
removal) or appointive, py Council = whens. ee ee ee 910 
no. salary *to officer. during Suspensions .2 se, 6s eee ae ee 911 
removal of elective on motion of Council, charges, conditions, etc. 911 
to make return lists of all property in their charge............ 911 
to make estimates of needed supplies once a month............. 912 
to prepare bills, accounts, etc., vouchers monthly............... 1080 


to make requisitions once a month—See Requisitions. 
vehicles of, how marked—See Vehicles. 
removal of, by Commissioners of Charitable and Penal Institu- 


tiONS, -CONCILIONS: elCiis I Yeates hie cto ee ee 914 
conniving atsoverchargine for venhicles> ectco, so... cose eee 943 
accounts against city to be vouchered by, etc................... { aoe 
fiscal, tovrepori- to. Comptrolier eee ac. ete oe eee 1082 
examination of accounts and books of officers by committee..... 1085 
same, (bY -COMptroHer ci.) (Suda saad ic aie surat ales hae ene tenis ts oe eee eee ee 1091 
no warrant to, owing money to city, nor to assignee............ 1087 
owing money to city over ten days, what steps taken........... 1087 
Auditor to have free access to books, records, etc., of........... 1088 

OIL WAGONS OR TANKS— 


See Vehicles. 
OPERA HOUSE—See Theatre; Buildings. 


OPIUM DENS— 
keeping. or: visiting “misdemeanor 2, <i ee eee ee 872 


ORDINANCES— 
violation of, see Misdemeanors. 
violation of, as basis of cause of action, see note to sec. 1234, p. 


$.10.; also) to’.6eGe el SG4s. Va « emis <iel ae atts taal Ute ee 951 
violation ‘of; proceedinges-(in) police. GOurtsy a. ose ee oe 816 
violation of, full note concerning nature of proceedings......... 816-818 
concurrently declaring offenses with statutes, see note to sec. 1265 816 
validity of, on misdemeanors, see note to sec. 1265.............. 816 


duty of City Counselor to pass on bills pending.............2.4% 841 


SEC. 


1686 


1687 
1688 


1691 
1691 
1692 
1694 
1693 


1695 
1696 
1696 
1697 
1698 
1698 
1699 
1700 
1701 
1702 
1703 
1703 
1704 
1704 
1705 
1706 
1707 
1709 
2389 


1720 
1842 
2388 
2389 
2394 
2404 
2435 
2416 
2417 
2421 


1521 


1265 


1369 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1269 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Indes to State Laws for St. Lowis, pp. 225-256. 


ORDINANCES—Continued. PAGE. SEC. 
bills for, pending, members of Municipal Assembly to be advised ¢ 841 1369 
TSE kG mG RATE ee cere il kn nd eee WRtEN ica ed lae bk Use e+ L 851 1413 
mills TOD Whewecionsredtired Dy MAyOre wise cls Wace ec Fale e hs 848 1397 
Du) \VELObds oyemayOr, Action: OL. ASSEMDIV yn was « vets ce ba os ce e's 5 848 1398 
DIS. [Ope a neoueUy Ele OLAV OLB UV CLO.e oie scale ecatesd AieW. CA a bie & A o.a othael tas 848 1398 
to be bound and published by Register............-....--eee:- { ee ae 
in revision a continuance of existing ordinances not new enact- 
pertsteW el) yA, + hae PRS ire ae SREP rr gre a tat ARS ES are Se ear 849 1400 
Sreereorsrevedl sor LOL’ LO pre Vviv eG oLOFMGr cut de stycctie sie ais wtstclans 6 sa 849 1401 
SepGa tom repeaiine ,d0eCS NOU TCVIVe DrStawi esc sec dee eee eee 850 1411 
repeal not to affect tenure of office. unless, etc.. ... ......... ; 850 1412 
private, local or temporary to remain in force.................. 849 1402 
effect of repeal of, not to affect existing or prior right or suit.... a ie 
: ‘ 849 1404 
ECs erty oi Derea.o Drinled. etc; DY NeSISter: . tei. daca & Ua dace tes 1005 2062 


f 849 1405 


TepeAIcOr OL MtO ra iLecu Olelse, OF DEMAILY 2. o acc cts dlajoeistgis oe os ares 1 850 1406 


mriereatter. albaeceretorore »how construed. % «ace, 2. ore oe See 850 1407 
Mica Mei heternOw) CONSLEUCC 4 on mice acces: stunt Sele tela oa wk Sane Gebel 850 1408 
Mule sana. oONUCr eNOWRCONSLEMCK snus winene ais cle aba k Fiera ere iors ck « 850 1409 
ENIGS tO rapplys UlMiess.rCDULNaANntelLO Meaning y 8 isc eaelen se oe es 850 1410 
reference to “‘Revised Code” sections sufficient................. 851 1414 
evidence of, pleading, etc., see reference in note to sec. 1414..... 851 
general note on subject of, see reference in note 1414............ 851 
for public improvements to be prepared by Board Public Impts... { ae fe 
StS eM eC OM UCN LG LID me carr aia, 8. abs Fal ous vats al b\ ataie este sa\ ete here welds 970 1919 
for public work to contain specific appropriation................ 971 1920 
for work, estimate of cost endorsed, by Pres. B. P. I............ 971 1920 
to be published within five days of enactment.................. 1001 2037 
ORDINARIES— 
See Restaurants for all provisions on ordinaries. 
ORGAN—See Hand Organ. 
ORPHAN ASYLUMS— 
See Foundlings. 
OVENS—See Buildings. 
MSO eu ULICINe Sa Tee laAlLlOns *LOMy). cere aie sha ee ay | he eee ee 586 150 
OVERCHARGING— 
for use of vehicles—See Vehicles. 
M9) ye el yes WDE Red Dy Maya Be Me pti le 0 a OR 8) Ae ie a ey 1124 2568 
SOV TUE RO PUTA Omri hte ate ante te hs. stake ats od ce mee NE Me) hain weld 660 425 
PP 
PARADES— 
when prohibited, etc., see Processions. 
PARK COMMISSIONER— 
ayer gy 5) Siai  MLEQ ole) paghiccy. a Re TR ge ge ha ce ene «oie ee hay eae 868 1509 
moenmbersvor Heard. of Pine ATIS*MUSElIM 2. . Oo oin cis ules aca tabs 549 6 
when General Superintendent may act for, at Board Pup. Impts. 967 1909 
at head of Park Department, has charge parks................. 984 1970 
appoints General Superintendent, qualifications, and keepers.... 984 LO7L 
( 984 1972 
} ' | 994 2015 
other employes. appointed by............... teen eee eet eee 4 995 2016 
| 995 2017 
OUtiCs AUG SULUOrIEy OL, mUDGTINLONGENE OL os. 0 cee eats eee dees 984 1973 
supervises fish ponds and boating in Forest Park............... 985 1974 
SL AAT DOU OL, carts wath iteta hints ee ais Ars Py tee eee ee 990 2000 


Bare anite pond Cen eal ie Super NtODUGL Ef slivs buss vise oe cideen «vee eS 990 2001 


1270 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


dex to Charter and Notes, pp. 463-542. 


In 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


PARK COMMISSIONER—Continued. 


horse. .angy pugey on | Parkvsuperintendent. <.. «acess a eterna 
may (lease) buildings: in? Gertain sparks." ic > seks sea enictene erins 


powers concerning leasing of boat privileges.................... 
power concerning privileges of leasing for games, etc.......... 
acceptance. by;.0L, donations atos parks) eco. ar cee cere crake 
to allot: sites for. -Statwesie steno enciseheasee cs elareis tiene aal aa aa mane 
in certain cases designate places by name of donors............ 
letting Of MUSIC IMypark Se reSiwlAtIONs: ois nas sjsie Uherstetetaeemee mee chen 
ex-officio member of public recreation commission, ord. 22869, 

ADDS UR Hs Oe Meee eters ee a Pe eraL cna tane intel soe davieva & sabereteaeial? lapece EMER ee 


PARK DEPARTMENT— 


See Park Commissioner; Parks. 
employes—See Park Commissioner. 


PARKS— 
See Park Commissioner. 


ordinances for, (to .be) prepared) Dy¥.Be tea. ae ee ee een 
under. cadre ofuPark: Commissioner; vexceptione. ...0 2. ee ee 
use of ponds for fish and boating in Forest Park............... 
acceptance of Fish Commission required....................-.. 
use of ponds by Fish Commission, expenses, etc................ 
names of particular parks enumerated, see note to heading of 

CHAD? SAG BE he BCE Sai ie ee eid er ec ce nome Ce 
laws and references concerning Tower Grove, Lafayette, Forest, 

O’Fallon, Carondelet, Forest Park Boulevard, Lindell Tri- 

angle, and small park sites, see note to Chapter 25.......... 
reculations for woat eproni bited.c.s scenes Nace oat cee erent 
driveways to be followed, and no hearses or processions allowed, 

in Forest, Tower Grove, Carondelet or O’Fallon Parks...... 
disorderly conduct in, games, peddling, advertising, prohibited in 
applications for picnics in Forest, Carondelet and O’Fallon 

PATS iss ecite ace ieteets ore ees aie bisdecesala a: oc iptamencain Cake Late eee eae elie A eae nen 
cattle excluded from, within certain distances................. 
same—except Forest, O’Fallon, Hyde and Carondelet Parks.... 
keepers to be sworn as special police, police to assist.......... 
lease of buildings in Forest, Carondelet and O’Fallon, by Park 

COPTBHSSLOM C1 Wy 5 as ce siatede 0) «Sick « ohana bk Oheea etal epee Rete art et SEE anh ene 
failing to lease, Comptroller and Commissioner to lease........ 
leasing of boating privileges to private persons for hire........ 
leasing privileges for games in Forest, O’Fallon and Caron- 

COST R ee Piece rare Rok testa acre ils, GAS eis brenl etree tees eneha real ames nena renal eee nereneee 
proceeds. ofsleases; snow credited 3.2.0 2s ae ae eee 
ACCEPTANCE OLPAONATIONSELON ss viccia she Siete alee eee ee eta cet oe eee Sa 
Sites TOT PSCACUES Dll atet be weasel oo wise Wie yoke Cte ant iat Ue nr ete een a ote 
designation of certain places by names of donors.............. 
donations for, when may be removed 
music’ iin, -andresilations:.~herelory. oe. st cee a ee ee 
penalty for violating any provision of article on............... 
saloons not to be located within certain distance of Lafayette, 

Forest; Tower, Grovesors Garondélet.2c.. sm. aa ae emis inte ark 
same—amendment—see Appendix, Ord. 22868................. 
SAME—SeeG NOTE ILONSOCCHEA LD Moses, av, 5 oe Oo Mestene tr ance ete eee ioe ene 


e@eemeweenvmeneeen eee unecnesce se seve 


PARTITION-WALL— 


See Buildings. 


PARTY-WALLS— 


See Buildings. 


1913 
1970 
1974 
1974 
1975 


2018 


2018 
2019 


2020 
2023 
2023 
2024 


2025 
2026 
2027 


2028 
2029 
2030 
2031 
2032 
20338 
2034 
2035 


2157 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1271 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| inaes to State Laws for St. Louis, pp. 225-256. 


PAUPERS— PAGE. SEC. 
Poor-house for—See Poor-House. 
insane—See Insane Persons. 


Bick “Ore iniieene merece | medicine (fOPen cco ecckces oc ck owe... 73 770 
DOUAlVietirrp rere eI COLO oo eh oc han what dae hd ny Woe ev odie at 750 869 
PUNO COreasnistencorro.POrerenmoval Olsusvacass sek bod eee eke. 868 1505 

PAVEMENTS—See Sidewalks. 

PAWNBROKERS— 
OIA T) OCR tah ne he artic ae ay edie We abe Gaiie oo Bale ae yh 1039 2209 
Rice seat i rem ares Il LLOCOSBAT Vi cist si a's Geccse nitinol ele 1039 2210 
DONG LOsODseLVenOrUlnoanees required to. «ces cc ade sc cies ce sheath 1039 2211 
to keep register—what register to contain............c.e0ce00. 1039 2212 
to give tickets to parties dealing with, what to contain........ 1039 2212 
register open. tor inspection, by Whom’)... 6.3.46... 6 eee eae ss 1040 2213 
License samount-or- -CONdILIONS required) Gt .. os vie acdlee'e wh bb ce bs 1040 2214 
cannot deal with minor, not between certain hours............. 1040 2215 
Bualenorrimake loans: On» Darts: Of articles... oh die cuaee ds ada s 1040 2216 
statement to License Collector, where can do business, agent... 1040 2217 
MON AICVerOPAViGl ati ey Article” OM ic taicre ste ats o'erm/clatale wc elaie e hin a's ace 1040 2218 
decisions as to—See heading to Art. 13 of Chap. 31.............. 1039 
hew-applicationzfor license to) be made. ..t2 ively en ae. 1053 2281 
quty of; trcense=Coliector: to make Inquiry. co. oe se! ea eS eee 1053 2282 
POLILIONMOne DLOGK- TOSICONLS  TCOUITEG yin a wis celica be% see oS nik a ole lew et 1054 2283 

PEACE— 


riotous assemblies, disturbances of, etc.—See Riots; Disturbance 
of Peace; Misdemeanors. 


PEDDLERS AND HAWKERS— 
FID [iedh es CE PLL eter w et cee cee Ne clate nie wera, aoe ae ohunete lc ate otem ie ss 997 2019 
do not include farmers selling their produce, and ordinance 
so providing is void because conflicting with higher law—See 


decisions in note to heading of Art. 14 of Chap. 31........ 1040 
as to decisions defining terms, seé same note. 
peddlers defined (but see cases in above note)................ 1041 2220 
hawkers defined ......... ERG ES ee Alc AA Cece Oe a Re ey aa 1041 2221 
license required of peddlers and hawkers..................-4-. 1041 2219 
TOUUTERLOLODtaID “LICENSE wl ISCEMEATION S., wits fee cs coeds shel olatd setae 1041 2219 
Amountwore license, sTecsularions: aS tou venicle, us encase ee ees 1041 2222 
FOS NA Ver anies 11COnSe,- GUC. ON VENICE eth ar «sla s o cignetn es. bye ss 1041 2222 
GUBSULLVOL TLOt assists NOTINOLG. 2 cate pictn ts wise is cataie Fak a e's 1041 2222 
1042 2223 
PSTIAULVES Tr VLOLALITIS PAL LICLO® O0) «turer see seats shore Sate te w\aiwyslidie, each ae oer in 1042 2226 
1043 2230 
regulations as to vehicles of........ poi ig ACS Sa a { Te cose 
times when may sell prescribed, hours, and hucksters not to sell 
UE EL ema mee LITA 2h Vie dete et ede. hacer cis i cnhs dew tchend, © ogb Se eke seis sla sie's 6 1042 2225 
register of, etc., to be kept by License Collector................ 1042 2227 
LOT CPE COTIS te oe ee ok ae ole ciciein, clmia ls erque Ftehe efarn'e te dee re Cee 1043 2228 
same, amended—See Appendix, Ord. 22574............. ee eeeeee 1160 
power of Mayor and License Collector to make exceptions...... 1043 2228 
same—Ord. 22574 In Appendix. 0... 8.02. cee eee sere eneneeees 1160 
HICHNSScTOUNETATNELOLA DIO Mer ais tina vihies Sale ae Cae see eR OSs aa ate 1043 2229 
without place of business, how scales, measures, etc., tested, i 
PT ee eek oe na ach Ahn 0 ote ta, 2G ak vos wea a (G's "e Wicca deca Bev" s mR ta hy 2546 


PENAL AND CHARITABLE INSTITUTIONS— 
See Workhouse; Jail; Foundlings; Commissioners of Charitable 
and Penal Institutions; Poor-House; Insane Asylum; City 
Hospital; Dispensaries; St. Louis Industrial School, etc. 


PENALTIES— 
See Misdemeanors; Fines; Police Courts. ; 
authority for assessing—See note to Sec. 1265................. 816 


1272 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| indes to State Laws for St. Louis, pp. 225-256. 


PENALTIES—Continued. PAGE. 
jury ‘in: Police. Courts to; assess a. 22% 4.0.1.8 cae ee eee ee 825 
not ‘allected. bywrepealings ordinance. +20, 4 seca ae ee oe 

900 
Where -none. specificallys-declared: uc. f. been eee to 
901 
for. .escane: Trom YW OrKhOuse: kie wy.ee «0 ot cue ee ae ee 921 

PENSION— 

Tor ‘firemen, <acteacceplteds. v heer cece at lovecat, cee ae eee 629 

PENT HOUSES— 

HOW CONStVUCTE Fee), ane ccc oe tess ed hoster ie ee ee ee ee 580 

PERISHABLE ARTICLES—See Fruit, Vegetables, etc.; Misde- 

meanors. 

PERFORMANCE— 

See Theatrical Performance. 
PERMIT— 
See Commissioner of Public Buildings. 
plank, -issted | by “Registers iothicerce. te eee, ee eee ae ee 1006 
required for all work from Building Commissioner.............. 556 
penalty forsconstructing Jor valtering swithoutusma. eee eee 557 
TOT “Of “application© fOPsys ike oe See eee ee eee ee ee 558 
on filings or-propers plans and =specifications.«.. .. nt ee ee 558 
TEVOCATION SOL sh are ete wale tee eas al tans SII ne ee ee ee 5o9 
SXTEN SLO JOT io sibs Se reie coe tea 8 aise ante UR ee Rac es oe ee 559 
GOST HOE. 5 5 Saeco we aes ta Cigha tal ete taco a natal « Lael ead ee Terenas et ee oe ee 560 
cost of, for billboards, signs, heating apparatus, etc........... 560 
for boilers; Ovens “andacturnacesin Duildines. 2 siti ae ei 586 
for. stoves; Tanges, heating “apparatus: (elon. cose oie ee Gee eee 587 
to operate sNe Ww; Viealre Fee Rise cities = nus ah eee ee eee 607 
to ‘discharge’ firearms, cin ea ee ete ccs ee ee ee eee 612 
to. discharge’ fireworks and pyrovechnics (07 75a ee ie ee 612 
fOr: CXCAVETION ON | WHATERe ce w ae: 2 cies as si eos ee eae eee ta 648 
689 
to, cut ice,.when and. how. obtained’. - 4.2. cis eat ee ae ee ‘ to 
690 
for rémoval-ot *CarGasses*OrPanimals $6. 45:8 eee ale eine kee ee 715 
( 720 
; | 720 
LOT “DUTIAIS ek a ole oe ade to aos oda tn teky haha ois'y oe RCe ete ai ee ; 743 
Ver C49 
: 744 
for removal? of body *1romye1uyi a. ste. 5S sits o are ee ans eee { 745 
before landing passenger or freight from infected sections...... 741 
forsopening STaves; ECC, TeQUICed sts... soy a\> = eye a vee Rides ele era 745 
f 749 
TOT (CYEMATOTIES fe Heie uA eae Sere eee ne 2 Aiea ees Se ae ee eee een ee 749 
749 
Loc abutting owner to construct sidewalk... vse: pees eee eee 757 
fOr CLOSS“"Walk “Rik. 66 Fie ae cates se ee eset el coda Comat ere iegede cree eee 758 
for’ private persons..to*Cconstructastreets,.eUGins ..cniee em ee ee 761 
for:-vauilts ‘under sidewalks (see alsOnyauiis) ay so see ie eee | ee 
for excavations in streets—See Hacavations. 
for temporary occupation of streets, etc., while building....... 765 
for Stabionary 7a WIN ee ao ee oe eis eel cea etimiehe weet ue a eae eT eee { pa 
for exception to underground wires, tubes, cables, etc.......... Tid 


to. place Wires, ete. (under 2roundArroma Beebe ee ee 782 


2063 
42 
46 
47 
49: 
51 
53 
54 
54 

150 
15a 
210 
228 
229) 
369 
558 
to 
568. 
679 
680: 
681 
701 
702 


ae vAt 


857 
837 
846 
822 
844 
866 
867 
868 
901 
902 
917 
919 
1933. 


928 
1090 
1091 
1095 
1099 
1102 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463-542. 


| Index to Scheme, pp. 279-286. 


Index to State Laws for St. Louis, pp. 2: 


PERMIT—Continued. PAGE. 
no permit for wires, conduits, ete., until ordinances accepted.... 785 
for stringing wires, cables, tubes, to authorized companies.... 787 
for stringing wires on telegraph and telephone poles.......... 787 
NONGs TOV MIO lA wit Tie POON TIOCCLIONS tiita feast nieve eet sc Sh eae oe 'eieek is aie 789 
for planting, trimming, destroying or injuring trees, from For- 

Git OE eee ces tee ee PP ciitcle Saye wn ere tle and ober nd Weave siele Sie" o8 6 6 3 814 
TOP IN TEL Cri © Bw TUE COC LS ONG LE COS SOLO oars! vnc io eS ccune o@ble oie to cis 814 
for market-stands, transfer of, etc.—See Markets. 
for parades, processions, bands of music in streets........,.... 878 
TOTSCALr VAS. CONcea Ode weaons, TO UITCd ecateaueeassvesere.e Fal ets-5) 5 ei0'e 879 
for any show, exhibition, flying horses, etc., required.......... ‘ eon 
LORADIGHI em TEE ONPECO TI POUM Ie Bere ae 2s ohio oPhacers Gor os Stave ab Hesteue slave ws 889 
in connection awith plumpines and drainlaying ore ois Somes cobs’ 927 


in making attachments to, or altering, repairing pipes of Water- 
Works, see Water Connections. 


forsvaults under sidewalks.) and ‘sign-posts. Fo. eee ewe Soke. / oa 
COTE WEIS IN er saa Losers ace Psa PAR ee) Ee didaeig die orale wise 973 
for picnics—See Parks. 
form Sewer ano water connections Tequiréd i. 2.0 dead oc biti le ess 93 
1058 
for sewers of all kinds and connections therewith............. | 980 
93 
BLL ee TL Yoh Lae UP CITL EO BIL R tp es ce eeise al et te Mecci sy ale Pia ter atk a «l eleieie ast 8s. a wire 1058 
no, for sewer connection until sewer special pale DLC ee cra ess 1059 
same—validity of section sustained—See note to Sec. 2304...... 1059 
no, to connect with certain sewers while constructing, except 
ATIC TO LI eO HG TUL OL Satie mak, Cr ine cide 8) oo: chev akeheh otek ev cve: eels le,0 ms 1059 
work done on sewers without, effect of, damages............... 1060 
‘from B. P. I. to connect with private sewer, how obtained...... 1061 
plumbers not to allow others to get, in plumbers’ names........ 1112 
none to plumbers for taps, fine unpaid or bond not renewed.... 1112 
PESTILENCE—See Contagious and Infectious Diseases, etc.; Epi- 
demics. 
PETROLEUM— 
613 
POR ia ONS CODCOLINII ea to ae tia te eat doko teeta si eels f0'1 cx wae ins See Se 613 
613 
PetiGV ae OU ari ete te ie en te one eae tae ete nicicre abr e. « aleta Ale ata ws 645 
PHOTOGRAPHIST— 
1051 
MCCUSOMILO VISIONS NCOMCCTINI II. .n-5, ale seislerdhedatehc lente © aire Rolkce © Gaceat | to 
1054 
Cl SELL aCe tes setae © tee ez cr eks af aichtra ar atat hy octaal ts sa daehakeinta 6; a ke vib eis. 1051 
PHYSICIANS— 
Pye Melee Geek OOP, TEES UM MA: able As Rees ae CEA Ais ir i ee a ee 5 ee 662 
Hist OF eke pees sOA lO UPC LU ec ao ce ee ecu Pale ert ee nla he ee cd alelels 663 
to, be furnished= tor drugzists*on application. 152... ln. Oo Ss 687 
LOST CDOGGEDL UL Ip mC eO CUSNE CLC cies tonne 5 Aiea. oa etiite oie) aie kn wie 3 ee Qiey 0 719 
practice of medicine or surgery—See Medicine and Surgery. 
practicing without compliance with article—See Medicine and © 
Surgery. 
LO etl Pei t COL UIC LOM Rite ants aials core ake ore stacks 6 eee ae be md 742 
TO” BIST DUT Tee a Gere gto tn wh 0. Sie ees tne dat whe, 800d phe: an oy'e 720 
DUTTA) WALnOU Le Cerca cen Ol OLDICdOI Ax oi Sh eine cee Se Pana eres « 720 
certificates to insanity—See Insane PersOns......sceccccsvseees 728 


dispensary, duty as to insane—See Insane Persons. 
duties in cases of contagious, infectious, etc., diseases—See Con- 
tagious or Infectious Diseases. 


es 


1273 


bo 
t 
= 
jo 


1274 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| indes to State Laws for St. Louis, pp. 225-256. 


PHYSICIANS—Continued. 
in cases of consumptives—See Contagious, etc., Diseases. 
certificate in. case” Of cremations ss meow ol etn ice ie ee 
City; Salaries rots. 2 st. Les Ce ee tee eet. tan ©. <tc ned ee ae Se ee 
employed ‘to; stay “ath workhouse Vee. 7 Mle. eee cee eee 
at workhouse; duties powers so-so ie Oe ee 


PICNICS— 
in parks—See Parks. 


PIGEON-DROPPING— 
persons éngaginge inj when vagrants: 4)..0% ..0. 62 eee es Glee eee 
GENE “Seis e Hom a eel ola Oke dee oer a ies Fle rene ss gy aaa ee Ree ae 


PIERS— 
See Buildings. 


PILING— 
in. ‘construction. of dulldingese Awe ese oe tna eee eee 


PIPES— 

See Buildings; Water-Connections; Sewers. 

draining water ‘from. roote: intonsewersen os. «aes ies Ce eee 

gas and: water, ‘In Dusldines esa oie ee re en 2 eee 

sewer and waste pipes, connections with sewers, etc............ 

smoke, "in buildings, /TesulatlOnsae. oe seeeek ches Ekin tite ier eee 

hot-air,. registers; Steam, “ete inept nes er tne a alk ene ce 

connecting gas—See Gas Connections. U 

connecting water—See Water Connections. 

down spouts, etc., how to be constructed, failure is misdemeanor 

connections, etc., includedsin’ term “plumbing js 02 72 oe. eae ee 

breaking, city not to bes lisblew; oo eke oa ia cus te nte econ eens 

laying of, extending, excavating, etc., ordinances to be prepared 
DY Bee P ay Lee Ie oe tela ite, ate? Por aoe a toteta ne a eae ane te tees tare ee 

through which steam passes, how connected with sewers........ 

cutting off water pipes, when and by whom.................... 

attachments with water-works pipes, etc—See Water Connec- 
lions. 

repair of water-works, etc.—See Water Connections. 


PISTOL GALLERY— 
See Shooting Galleries. 


PITCH— 
Dotlin eg; Gtese iiss soa tenes ake ed ale a ciao) ne a) an en ee ae 


PLANS AND SPECIFICATIONS— 

See Buildings; Plumbers. 

to be prepared by Building Commissioner for public buildings... 

of. street. Improvements: proposed... 2... . see ee oe See eee 

and profiles for location and graduation and establishing, etc., 
streets, “Street «Commissioners: duty... o: ose ete ee ee ee 

for sewers and extensions prepared by Sewer Commissioner.... 

relating to harbor and wharf, prepared by Harbor and Wharf 
Commissione racic ceaste nena ns hiric OW bg Sete cul alg cone arma atti cote bee 

of contracts for building boilers or elevators to be shown In- 


SNOCEOT i EAT MRR etaae, Oa Reda ick doe Cie fa Ra ls ae eee ae 


PLASTERING— 
in buildings—See Buildings. 


PLATS— 
in street, etc., openings—See Streets and Highways. 
accompanying application for lease of unimproved wharf...... 
in’ street obstruction cases clea isa sek es csw eects ineinnrs eke RP he i 
to be filed by users of electric wires, cables, tubes, conduits, etc. 


endorsed by President Board Public Improvements.... a Paka holy sp 


PAGE. 


749 
750 
922 
922 


896 
897 


568 


578 
581 
1063 
587 
587 


806 
930 
961 


968 
1064 
1102 


611 


550 
969 


975 
980 


982 
1074 


652 
769 
786 
969 
969 


SEC. 


865 
872 
1765 
1766 


1632 
16338 


76 


116 
134 
2314 
153 
153 


1215 
1799 
1884 


19138 
2316 
2483 


223 


12 
1918 


1945 
1955 


1964 
2363 


383 
932 
1118 
1913 
1917 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1275 


Index to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


PLATS—Continued. PAGE. SEC. 
of subdivisions or dedication of streets, etc., to be submitted to 
Bie kee VE eee eee ee ten i ee Ue 969 1917 
ATL PROCOTEUGST Srl Le arenes Mere ake c Winde Bhs Sore cons Oa Aa eee ho 1003 2051 
in, AssGasur ey Ol Uor site: eTEPIIALLONS ae oe a Gare dew o hele Macnee old eee ie 
PLAYGROUNDS— 
Sea TOLS RUGS GOTate kD SerOEh t wsiw wlacy er esledy S awice Wie fo lalicacatein 6. she 931 
PLEA DING— 


summary and informal in Police Courts—See Police Courts. 
ordinances, what required, etc.—See reference in note to Sec. 1414 851 


PLUMBERS— 

ordinances affecting—See Plumbing. 

Board of Examiners of, powers and duties of Board, term, com- 
pensation, rules, Secretary’s duties, qualifications of licensees, 
registering of plumbers, plumbers licensed in other cities, 
examination fees, power to revoke licenses, penalty for vio- 
lating ordinances, amendments of plumbing ordinances, ap- 
peals from Board, etc.—See new ordinance in Appendix, 


NE bees UL meer reer Ate ns rate a hale ave: Gritaa tee eee Be anemPeratsianet a Ferree vlie 1150-1153 
registration of (prior to present Ord. 23007) with B. P. I...... 926 1788 
suspension or cancellation of certificate of, by Board Pub. Impts. 926 1789 
WULROUFILY wine eoneralsover, Dy DOard” Pubs LM ptsicc. oe Se seats 926 1790 
Supervisor of Plumbing, office, qualifications, etc.............. 926 1791 
Supervisor of Plumbing, subordinates, etc... ...... ccc cee c eee 926 Led 
salaries and bonds of Supervisor and subordinates.............. 927 1792 


. duties and powers of Supervisor of Plumbing, under whose con- 
trol make reports, inspections, approval of plans, connec- 


ELGG OU PAlon eo Maer rae eae atcha ete rate ehelice wa ane b Lieve Gok e CR re ave 927 1793 
under control of Supervisor, violation of ordinances to be prose- 

PAL Ee ater ea caer CO REN Sere P eee ON whi Taladiceelety Sag haces Beas ews 1793 
removal of Supervisor of Plumbing by Board Pub. Impts....... 928 1793 
LUT Nest OP ASLOLed  . UOT Lie tl Ole tis mattis ats rae ola Re wie & bcd alalBlw, Goole ns 928 1794 
duties of registered, requirements for signs, unlawful when sus- 

MENU Sedtee LVEsNA Mes NOle MCN CLOGS bay teres gus ala loines Bas eet sae aialsss 928 1795 
POM PSLOTOU COMICAL S GOLC tai Wee ters eee a. ahs face hae get yaal 5 ayer deter e veh gies 928 1795 
or sewer builders, journeymen, certificate required, etc......... 929 1796 
deposit fund of registered, fees, inspection..................... 929 on 
COIVECULOUsese Wie aiid W ALEL 2. DOLLY CUG ss: ns niece, Ga ele Bokete s eae obs 930 1798 
THIELE eee Catt ral sch y 1s) be COLIN Chiara cementite aalel als ate dc tetace eile in iets 930 1799 
right of entry of Supervisor of Plumbing, into premises........ 930 1800 
VIOIALION GOL DIOVIsLOns CONCGIniINneg .penally.. 12.5 es as cee ee ole 930 1801 
Supervisor of Plumbing may require water-closets to be supplied 

SAS VED DREAM SRS C OR e  Be Eon Oi ele OS oleh iL, hs wR Ss, AN Sa Ae nL eit A SNA 1063 2314 
suit on bond of for defective sewer-plumbing.................. 1060 2307 
violation of chapter on sewering, penalty...............200eees 1065 2322 


desiring to connect with or alter city water-works pipes, requi- 
sites—See Water Connections. 
Supervisor of Plumbing to give certificate before allowing water 


COHILCOLEOH ARRINGTON AEE yO) 1108 2507 
BILePtesune new IwOrk, tO BOULTON \WALEIy ei ook oS. he ek hee ele we 1111 2520 
shutting off water for repairing, fees to be paid............... ila) 2520 
work to comply with regulations of B. P. I. and to be approved 

Do Pel recuse Ore DIS <, ow ac cies eeepats cA ees Me cule See a0 TELE 2521 
1 Ots S11 mee ee RV LETC IRT ADOT WW OL. oie arel siiaieisio save © a vie asd afk: «2 1112 2524 
not to permit others to use their names or get permits, or to 

TV Cm Wy Ce CCI 1) OU OTT LG a hone tint chet aiketc a a tie a wala. dod 1112 2525 
no permit for taps to, while fine unpaid or bond not renewed.... 1112 2526 

PLUMBING— 
: : 712 662 
defective, etc., when nuisance, how replaced, etc............... 712 665 


and draining department under supervision of Board of Public 
ANT OVOINGD Ce kr Ph ge Aes ee oh RDS AIO RS cee e ) beatae o's 926 1787 


1276 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


dex to Charter and Notes, pp. 463-542. 


{inues to State Laws for St. Louis, pp. 225-256. 
In 


Index to Scheme, pp. 279-286. 


PLUMBING—Continued. 


plumbers—See Plumbers. PAGE. 
powers of B. P. I. over—See Plumbers. 

Supervisor of—See Plumbers. . 
defined 32.6 aed ake ok RO i ee Ae ee 930 
Violation “oy articles Oni wee ete ee ene ee ee ee eee 930 
and sewering—See Sewers. 

connections—See Sewers; Water Connections. 

provisions of ordinances concerning can only be varied by B. P. I. 1064 
regulations concerning, connected with sewering—See Sewers. 

where water-meters used only one connection with main allowed 1106 
defective, permitting waste of city water...................e-- 1101 


PLUMBING AND DRAINLAYING— 


See Plumbers; Drainlaying and Drainlayers. 


POISONS— 
See Drugs. 
regulations.<forSale sOr ss 2). ciate cote te eal ee ee cccmie eee ee oe 687 
Sales-to MIN OrssLOTDIGGEN sepa ores he aie orc hee eee ee 687 
to be sold only on prescriptions or permit from Board of Health 687 
for external-use, regulation ol. get ee eee et ent ae 687 
penalty for violations, of article reg ulauine yaw ee ecm 688 

POLES— ° 
of.>Fire.and Police ‘Telegraph. .Departmentewy ans. eas eee { oe 
telegraph and telephone—See Telegraph and Telephone Poles; 

Electric Wires, Tubes, Conduits, Cables and Poles. 

POLICE— 
to:report violations -of. building. ordinances]. ...-.-.2¢-506 ae ee 611 
telegraph—See Fire and Police Telegraph Department. 
to-send: fire: Alaris ce soc ee aioe, ce ae Te Spe Tees en emer ees 631 
Chief.<to, report: condition of -gas-lamps,; CtC. s.r. «ean. HS Se oe PA 636 
to. arrest persons: cutting <1ceé; without permit. f. 30 es sane Gs 690 
to prosecute violation of vault and privy article. ::...22a2... <3 692 
to watch for nuisances by filth on premises, etc.............. 698 
tofvwaten for-throwing Glth, ete--00 ASLreel se eee ee 699 
to report violations of weed-cutting ordinance.................. 703 
TO IPreport sNUISANCES Foe es eerie nines lo: boned nec eee steers es eee een 706 
power to enter premises toundinnisance.ye- aes tte cee pee 706 
duty -to report, burial ofidead» animals inveitly ts seen. oe. ek aes 714 
duty Loxreport ‘fingdin es eorcGarCasses 7 ones soir eenuetcener ee ee 714 
same, under present ordinance—See Ord. 22580 in Appendix.... 1141 
duties to sreport :2arbaze ON Spremises fc A isescckecce ote Cenedc a cece aes 718 


regulations and provisions as to insane—See Insane Persons. 
duty to notify Health Commissioner of contagious, ete., diseases 737 


tocpromulgate: quarantine: rules: ay sic ac oe ce cee ee eee ee 741 
duty, of, "with respect 0 Durialss 6GtC. So. . ee ee ee ee eee 748 
to enforce provisions against importing paupers and insane poor 750 
to enforce temporary withdrawal of street from use........... 760 
to report condition of streets and alleys, repairing and cleaning, 769 
and ,enforce street Ordinances oy a, sec nsts win seer te een caels os { 770 
to enforce provisions of article on electric wires, poles, con- 
QUITS CLO OR ees ee a ee Pcie ia nee kis RES ae oes 789 


to enforce provisions as to electric service boxes and manholes 790 
duty to enforce ordinance against spilling matter on highways 


TOM: WAP ONS; ! CUO S re me as eins re oukcs slo ibe ee ee ee 809 
duty to enforce article on City Forester and trees.............. 814 
what officers of, may take bail in Police Court cases........... 822 


trial in police court of persons arrested by—See Police Court. 
officers arresting, to appear in Police Court as witnesses, with- 


SEC. 


1799 
1801 


2317 


2495 
2474 


545 
545 
548 
549 
550 


312: 
314 


220 


315 
343 
567 
581 
592 
599 
622 
631 
632 
675 
676 


692 


808 
824 
863 
870 
915 
938: 
939 


1132 
1138 


1226 
1259 
1275 
1296 


1442 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1277 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| tadex to State Laws for St. Louis, pp. 225-256. 


POLICE—Continued. PAGE. SEC. 
OGY; CO ASSIS pVia reer maInDOUNG HCALUIG fo isc aie ct hess vk osc cede soe’ 884 1576 
LO PGNTOTCE ib ce ect OCIA NCO co iris cited flead s wlaie ols waanis cleo Sle ¥ bs 886 1588 
impersonating officer, or interfering with his duties........... 888 1598 
to enforce ordinance against injuring public property, etc...... 889 1602 
to enforce bird-protecting ordinance; violation misdemeanor... 892 1616 
to assist in smoke abatement and report violations............ 895 1629 
Chicit or mitosrenurce.o, Smoke Inspector. >. fat nese flac. ER 895 1630 
Chief of, to be notified of escapes from work-house............. 921 1757 
authorized to take up unlawful certificates of plumbers, drain- 

TAVETS ANCE SO WEr-DUIIGErS 25.2. cian ok ice he widens or ce vie eiaiele a while 929 1796 
to enforce railroad crossing ordinance, gates and watchmen.... 947 1854 
deputies in Harbor and Wharf Department to be special........ 983 1966 
to report and assist in convictions of violations of license pro- 
el ECS ER a aint oA cree ante EN SN, «cle alglghel hele laisiale AU <i Sih [ae als 1017 2115 
enictemay ISDeECL, PAW NDrOKErs: TeZISlE ef. wore ico 'nle Sonya oe is San O40 2213 
to arrest persons violating article on peddlers and hawkers.... 1042 2226 
may reduire runners to exhibit license. ..... 22... te eweee sass 1046 2244 
Chief of, may inspect registry-book of second-hand dealer..... 1058 2300 
to report to Assessor of Water Rates abuse of water privileges.. 1101 2474 
POLICE COMMISSIONERS— 
See Police. 
one of, shall be member Board of Health f 662 437 
A WeHeBWbe Joye: ieakeseadelsie Mexoren ge: Tore Gest WM aly Mie Shee oon we & Ora One 1 868 1509 
POMPOM ace Cia ral LEN Go lll Gee ci crar te aa Tn tata tee he aah we ta, he eh eal 94 741 824 
to instruct police to enforce article against importing paupers 
YG S ATO OO Litera teresa ot cee Puen t Nees an. w Wee eee viene a? ahee inde See y0 750 871 
‘ ee et Ge 938 
OaTepolerCOngiiniony Ole SLreetsr ally ALLEY Sictaiee cicivle bis wietdwinisiee Sate es i 770 939 
to give ordinances of City Forester and Trees to all policemen.. 814 1259 
to receive advice from City Attorney or require him to act.... 836 1339 
FO SOMA VIECUMED Ye CL bye COULSC! OMe « hiticdis aint ele/sidie one 0) tie sub cetiety 6 08 841 1368 
Market-Masters to apply to, for appointment as special police... 857 1441 
to notify owners of houses used for immoral. purposes......... 871 1518 
to give copy of ordinance against injuring public property to 
POCO OLCEL go pitee ter eet eae et eee cae e as, ho Org UO, ag Dee ok ine a ea 0 889 1602 
RUM Celsee Ti VALCO WALLGOITLON s.tohte Wn ate oh Bias Go deol 9 o's wisi. ote. alter Tesi = 912 1714 


duties respecting stands for certain vehicles, etc.—See Vehicles. 
to swear in deputies of Harbor and Wharf Department as spe- 


SELECTOR ass ry cts ear aae Gre. taste TEMP eg RT See a oy eh ales ig Ese Gee eB c 983 1966 
park-keepers to be special, regular police to assist in parks..... 997 2024 
to endorse application for license for pawnbrokers.............. 1040 2214 
LG OUUOISG ADDMCALION “10T clIGENSEFTOr -TUNNEI iy ki). ancctenes oe sche Ss 1045 2236 
to designate space or stand for runners at stations............ 1046 2245 
to give certificate of character to applicant for license for sales- 

TIE. EIR saree A SS pata ce tte poe Detar EO SE Wg Ne te ad ng 1047 2254 


POLICE COURT SOUTH OF ARSENAL STREET— 
See Police Courts. 


POLICE COURTS— 


GsiaApusbeosasr BiIrst a0. SeCONG) DISLVICL.s «esas witsck oc hc cere 815 1262 
Justices of—See Police Justices. 
TOCATICI a Gurl taba Gillie SECON GasLISLTICtcn 755 sale. ils cic wee es ea en 816 1263 
TOCATIGIEOLME ONICe COULE 0ULI, CL AATSONAI 6 inch ats ceive ec ens 832 13822 
SELL aree AAPOR PIS LLORES Live srl tac d ycjakencn-cal a so ee a0 o{k'e aie « Soles 816 1264 
JUriscicuce or Police Colirte South of Arsenal: .. 20.06... eet 831 lisa Be: 
jurisdiction of, decisions—See note to Secs. 1264, 1265......... 816 
jurisdiction over suits for fines, penalties, forfeiture, for viola- 

DLO es PMP ERLE ie Cette ate mer atte ei oc 8 ky, ale es cialern, 8 0 AA blew a 816 1265 
nature of fines, etc., for violation of ordinance is civil.......... 816 1265 


nature of actions in, how far civil or criminal—See note to 
Sh MI a Eres tae ahd does Cee ck tial Ghwihne ans sie ere) ve tees #008 816 


1278 INDEX TO REVISED CODE OR GENERAL, ORDINANCES. 


Index to Scheme, pp. 279-286. 


| index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


POLICE COURTS—Continued. PAGE. SEC. 
See note to Sec. 1265 for decisions on Police Courts, etc., as to 
necessity for arraignment and plea, jury trial, imprison- 
ment for debt, injunction, how cause entitled, abatement of 
proceedings, burden of proof, intent only, punishing man- 
ager of company, ordinances declaring offenses concurrently 
with State Statutes, penalty in excess of charter authority, 


| A SERRE POORER WAP ARS ARAL ORES LL. BA 9 DC ie Ca MEO Mis. bAleh eda . 816-818 
when) judge, should) GisdndgHlye nice waste... one ete ee 819 1266 
Hours .and. days: Of SOSS10NS. 7 Oli. wre ettee ate eae cl) ns ee a ee ee 819 1267 
Glerks:0€ Police. Courts: $4.40 5 cei ees Ce ho aes ek ee eee 819 1268 
Clerkof ‘Court.South: of Arsenal streeties --o4. . woken. ee ene 831 1319 
assistant clerks of Police Courts, duties, salaries, etc.......... 819 1269 
additional assistant, \duties,7 salary, - bond; sett yss.. ose eee 820 1270 
clerks and deputies, qualifications, responsibility for, etc....... 820 1272 
duties. of clerks’ Off. . OS Ue ee toes ee 25 Fees eee Bam 820 1273 
trial* andsappealk dockets iin ae yee a ee ie ee ee, See 820 1273 
reports; costs, fee-bills, tines’ Dy clerks Olt. °. 72 2 oe eee 821 1273 
Clerks’ keep “records, papers, CtCanOl vaca et ert is a eet ate ee 821 1273 
clerks issue execution for fines or remove nl SOU to workhouse 821 1273 
Clerksassist City Attorney oc Giese ace ie eee ee ok ees 821 1273 
persons inveustody.tovpe; Tricdpursteen kes. 3 aloe tee hee eee fees ee 


Vy eS2hrmee et 28p 


bail bonds in, when and by whom taken.................«s+.. oe alee 


827 1299 
pail) bonds, “when <forfeited? procedures ce sos wee oe ae eas 822 1276 
SUILS) Or ‘actions in, “manner, of prmneineows cf vice ci ene eee ee 822 1277 
form>of statement-of  Gauses 1; evans cee ee ieee eioiaake tare oe 822 1277 
sufficiency “Ch Statements ein oo. ce ble rete preaee la eee. en a 823 1279 
decisions as to sufficiency of statements or informations in—See 
TLOLE LOVDECHRIZTS Soy ascek Sis ie woe hn OR eee EAE atk ena ne a ORE ie eee 823 
no technical pleadings in—See note to Sec. 1279................ 823 
Statement: incase tor, Joint: offenses. fy cx ee ee se ee ee ee 822 1278 
no dismissals in, for formal defects in statement.............. 823 1279 
AIMECNAMEH LOM StALeMent iN ys. cule koa wine, baie aan: alana sae wean ne 823 1280 
decisions as to amendments in—See note to Sec. 1280......... 823 
summons to suits in, when to issue, how served................ 823 1281 
appearance confers jurisdiction—See note to Sec. 1281......... 824 
appearance does not confer -jurisdiction on appeal—See note to 
als ENA ES) Ui E75 tA Lee Lai, Ce ASO SL oils A eg ON See SF Oe 828 
rial Of sSUlts hore Causes 21M Osh i ase ve he ee ee ee ee oe ee 824 1282 
cause abates by death of defendant—See note to Sec. 1282...... 824 
proceedings Dy AGeta Udi aa wie eateries iets at ane ke aes 824 1283 
trial of persons arrested, no summonses, trial on report of Chief 
OL) POLLGS GOR Nate e see oreo) veh wees Win. se ete a cet eT STOP er et eRe eae ae 824 1284 


decisions as to report of Chief of Police to—See note to Sec. 1284 824 
parties in custory for violating ordinances brought into court 


Pach.) Cavs GOs say re ee occ a otala ls oy ore ae nae ele ee, oa 825 1285 
trial by 4ury “howemany jurors<.in 3) yee ee ee ee tees 825 1286 
decisions when denial of jury in Police Court not unconsti- 

tutional—-Notesto Sec, 1256 0!.), legac ake ake ogee ee ae 825 
Jury, in; Venireritor whens to wSsie) a, yi. eo renee ee ee 825 1287 
when Marshal disqualified to summon jury in................. 825 1288 
Oath. Dy OS Ue yl TYAS Ae eget ieee eecas iat roid anc a tele areca te ae oe a 825 1289 
separate trials by persons jointly charged, when.............. 825 1290 
Joint tridis for ViSeOU HATO POU Ses cise cde od bee aera ee ere SOT 1634 
jury to: assess “pendlty-gwithin” woat limits, sven cca eee ee sae 825 = 1291 
what costssassessed” on "Convictions inv. a... aha ee te 825 1292 
dismissal ons DAYMEN Leone COSLS scr gle wate ousetars ters Bins eeeaaee tice te) ay 826 1293 
abatement. of cause. of complaint, Costs paid....%.. sees eee 826 1294 
when prosecutor to pay costs of proceedings in................ 826 1295 
officers arresting to appear aS witnesses without summons...... 826 1296 
fees of witnesses sand. JMrorswiils 0 aes tae e eye eae ee eee 826 1297 
witness.«fees in; how sclaimed Sands Pald.n ass «2.2 ee ee 826 1298 


continulances (of cases*in, swhen AllOweds . eh ace teehee ee eran 827 1299 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1279 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
{Index to State Laws for St. Louis, pp. 225-256. 


POLICE COURTS—Continued. PAGE. SEC. 
BOULICACLON PE meeeOnG nn UAlCOR I Ulva sg cary. Walleiel et ala et cle va en hide «te 827 1300 
motions for dismissal to be made before trial, when........... 827 1300 
DICAS sitsteeaverore: trial ie. eee Pere eons ee ake are ede ceees 827 1300 
GODUSILIONMEELIEECESOS DOCLOFG: ce cr Atelelche fies Tirae sew bie ete Oe hgie scl be 827 1301 
all process or notice served on city in cases in, to be on City 

RATE CUTE Gas oa WT) calc hotee aa tate ce A MMNUTRS Dre aati vials vad, © ogo ede Oh dieln ielee Soa 827 1302 
absence of City Attorney, court appoints prosecutor............ 827 1303 
affidavits for city in cause originating in, by whom made...... 828 1304 
appeatserrom, so.to Court) Criminal Correction: (x. Fifius cece 828 1305 
appeals by parties after commitment, etc................02005: 829 {7310 
decisions and references on appeals from—See note to Sec. 1305 828 
Clymer a VE ALGO. lo 1 POI A.) ee en) antares Oe oda cle Ge Coons OSs oe Fee a 8 828 1306 
decisions as to right of city to appeal—Note to Sec. 1306...... 828 
execution for imposition of fine or penalty, when issued and 

tay Saat Vey eS oy Ohta ee CMW sale aT NA Bek Oh, Rei Wea ag A melee gay te Nw ee a 828 1307 
BECULELON Wey Ware LOT CEL cas Sie Ri meet i reel td heal aia Sal SM RR ee aa 829 1308 
PLE WOLK=OWSe mi OLN aim ia mies: cet noe ola la € oie) Get bon. se ie 829 ae 
decisions as to executions from—See note to Sec. 1308........ 829 
decisions as to staying executions from—See note to Sec. 1308.. 829 
staying execution and remitting fines by Mayor—See Mayor. 
appeals from, when and how by parties committed............ 829 1809 
appeals from, when defendant may deposit fine and costs in 

PPS LEPC EMISOLIC Wi ratclee Went oiAe ciel ea tetas oh Abehusets, oitve Welenaiare'& sibs 5s 829 1310 
when deposit for costs may be required of prosecutor or com- 

SUT T Cleee etre eee era EO terest, a ho, Sede ee Sika ee Gale eo 830 1311 
power of justices to punish for contempt—See Police Justices. 

POMUCELION ai COMn CILVH4 Ole COSLS oi Nm DrocCeediINeS. New. cs a sees eos es 830 13138 
no regular provisions, State laws as to Justices and Constables 

EO WELT rete ee a ee see a Na ree GE le gees ers wb a aiehaig. oe oar E 830 1314 
persons fined, etc., to be reported daily to Mayor by Marshal... 830 1315 
change of venue authorized by Sec. 1314—See note to Sec. 1314 830 
change of venue cases to Police Court South of Arsenal Street... { eas oe 
change of venue to and from Police Court South of Arsenal... 832 1323 
conveyance to work-house of parties committed, duty of Marshal 831 ere 

; , C ARot Lok 
Ral riecmOr ale Lise O LW OMCOMMOUTUNSG ccs, cote cee sista Coie crete ae nis bee e's 1 831 1319 
Police Court South of Arsenal Street, jurisdiction, etc......... 831 1318 
Justice of, South of Arsenal Street, appointment, salary, etc.... 831 1318 
Police Court South of Arsenal—See note to Sec. 1318.......... 831 
Clerk of Court South of Arsenal Street, appointment, duties, 

BERGE VOT Obs cin Soret et Lae Ao ee ainie Le ee Aa dete Ue ake ho 831 T3193 
Attorney for Court South of Arsenal, appointment, powers, salary 831 1320 
DOULTsOreArsenals Marshal) (tO MSSUG “WTLIG uss cei cee ee ae vee 832 1321 
South of Arsenal, practice, procedure, change of venue, appeals 

PROTEC eR a) Shi. ea Selec amend PAA OM MR MEN aha c's ate dtp ona 4s 832 1323 
process of all Police Courts to be executed by Marshal.......... 833 1331 


City Attorney and assistants—See City Attorney. 


trial of offenses, etc., not affected by repeal of ordinance........ 1 350 1406 
Clerks of, to report convictions for overcharging for use of 

DU Dike AT COS Ml more ar hay ee ents roi at see ate. tal as eietc we pares oo 943 1841 
Clerk to notify Mayor of second conviction of weigher in...... 1122 2563 
Clerk to notify Street Commissioner of second conviction of 

seg bes asp las 1dr tA Ae ANA i SANT Den Ne ne 1127 2583 


POLICE COURTS CLERKS AND ASSISTANTS— 
See Police Courts. 


POLICE DEPARTMENT— 
See Police; Police Commissioners; Police Courts, ete. 
RCIA 6 OL mart) vimEn TTS I de hn ein ed ee SP Dats wie’ Wis overs 912 aly 


1280 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


POLICE JUSTICES— PAGE. SEC. 
absent or disqualified, Mayor to appoint Justice of Peace....... 815 1262 
salaryvot First andsSecond District, 2encast- ee eee 831 OL’ 
salary of temporary ie Shea 5 eich ee eee ed che bas ee eee 815 1262 
removal of—See. note:\to<Secs 1262707 ua oes ct ee er ae 816 
jurisdiction of—See Police Courts. 
when duty to disqualify themselves in a cause.................. 819 1266 
appointment of, and of clerks, and their terms, etc............ { ae mae 
qualifications. Of. 2eFes Ae ee tee a eee ie es ee 820 1271 


Clerks and assistants of—See Police Courts. 
proceedings by—See Police Courts. 


may stay execution—See note to Sec. 1808.................6-. 829 
power to punish for contempt by fine or imprisonment.......... 830 1312 
when to be governed by State laws relating to Justices of the 

P6aCe sao an ee eee Lhe ercleecleate idle ek Ais he aaa. tapes eeale 830 1314 
may require bond off vagrants, Pwhens.. 27.08] serie op rere ieee eee 897 1636 

PONDS— 
when nuisances, and how abated—See Nuwisance. 
186 of }=by iFish* Commission; GUC. 2 wets tere state eee are ee 985 ee 
POOL TABLES— 
1051 2270 
LICENSE “PrOVISIONS: CONCERNING Joy cle Cre eee eee te ae | to rane 8) 
1054 2285 
AMOUTL "Of “LICENSE (2s a cee ee eats athe ate ned seater ere nee eee 1052 2274 
POOR-HOUSE— 
two. \Hire-Department= Mena. cos ec cette. ee oie ee ee 625 285 
what<part used: for? incurablesinsanes. us otk meee eee 727 748 
insane persons at—See Insane Persons. 
location). ‘and<torsavhosenpenenht2 22. =. aso, cette atten eee 731 rhe 
Health Commissioner to control, make rules, appoint assistants, 

EXAMine ACCOUNDES elle ves eos chee ate oie see ea ei ee eek 772 
conditions/of/admission™t0:0¢ 0 3 os eek ee ee eee 731 { a 
rules and regulations for, inmates to be employed.............. 731 774 
Health ¢Gommissioner so 7report “annually ieee Gewese ee (Pat 1 te 
Office; of Superin CENGGRC Obs oi ko c's eye las eee elo eine eee ole eee 732 776 

; : 732 CEE 
Superintendent -of, appointment and term... .....00..).2..-..00. { 868 1509 
powers: and dutiessorcpuperintendent.-5 2.4.4.5 os oe ee eee 732 778 
discharge OfMeCMplovessatme. @ ox sic sects ces ole eee ee ane ees ee 732 778 
bond, of Stuperintendenteores orc. < us'... i oo eee hie eerie eae Rene cee 432 179 
Superintendent qualifications, give time to duties, receive board 

ANG WASHING sete teers GHA vate les > Shalcoca or bt te Ui imien | aerate eae ees 732 780 
Superintendentisesa larvae cishe ot ss.ct exh ee Sree ee ene eee eee rest 781 
dairy at, to be established by Health Commissioner............ 732 782 
milk from dairy at, for poor-house and other institutions........ 733 782 
dairy, at chow.” GONSLCUCEC owes «is )cla se sha coce eae Tne a a (oy = 783 
appointment of help for dairy at, by Health Commissioner...... too 784 
purchase ,0L CoOwsplopedairyaeoes oie of ea Stale WEN eee iabe. 5 Gents VOuTey we ake 133 785 
price. ofomilk, fram dairy fixed’ by ComptrolHers. .. 5. eae (Bi 786 
Tecelpts ands CXPeTISeSr OPO aLLY AAU sco oceans ee cee 13 787 
dairy employes and salaries; inmates help..................... 133 788 
disposition: of cows. in: dairy becoming dry ...2 3.0. oc eee ee 3 789 
separate accounts for dairy, extraordinary expense approved 

by Comptrol ery 255 weet oie pr an, she ehet elect Frasca ily a ee ee ae 734 790 
cows at dairy to be examined and treated by city veterinary 

STP LCO Ges icka ls chs Wnt ete oe Nee ahs vo) Onatte ra Rs Gs Sans Ce ae ne mn ae eae 734 eek 
removal of Superintendent by Commissioners of Penal and Char- 

itable Institutions—See note to Sec.. 1720.................. 914 


POPLAR STREET— 
See Steam Railroads. 
POSTAL TELEGRAPH CABLE CO.— 
ordinances affecting s.r lees ew reer ate edie ates es eee 779 1095 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


1281 


Index to Charter and Notes, pp. 463-542. 


{inden to Scheme, pp. 279- 286. 


Index to State Laws for St. Louis, pp. 225-256. 


POULTRY— PAGE. 


See Meat; Inspection of Meat, Fish, Vegetables, ete. ik 
POW DER— 

PORUlACONS COMGGrIr ie pete atis atery chalele s ok cle ace. deisrjele'Scowclos 0. -553 
PRAIRIE CHICKEN—See Game. RE Nea Sk 
PRESIDENT OF BOARD OF ASSESSORS— 

See Assessment of Property. 

PRESIDENT OF BOARD OF PUBLIC IMPROVEMENTS— 

removal by, of appointees of Building Commissioner.......... 550 15 

approval of, of appointees of Building Commissioner............. 551-555 18-36 

to approve appointees as watchmen for scavenger dumps....... 657 407 

to approve additional help to clean levee and wharf........... 657 411 

when directs work of abatement of nuisances................. 709 641 

CONTE WOLKYL OL A aLeMmenL, Of NUISANCES ys ws ein Oe thle tt 97a 1935 

to contract to abate nuisances, when and how.................. 712 662 

to make out special tax bills for abating nuisances............. 713 667 

SUMMA nes Oller ails SHCCIALETAXWDIIIS: vGLG sa oc). wip eee ELAS Simcoe ie ahd’ 973 1937 

to assess special tax bills for sprinkling streets................ [72 1080 

may employ temporary help, street sprinkling article.......... 175 1082 

to appreve employes of Supervisor of City Lighting...... pleted 790 ne 

BOUCIUCOPOUDCEVISOL COLT te LUTLOl NES ot seate aes 1k lene aeehs inane sec gland alles abe 926 1791 

approves appointment of subordinates of Supervisor of Plumbing 926 F791: 

may call special meetings of Board Pub. Impts................. 967 1905 

pro tem. where President disabled from attending; powers.,... 967 1908 

tO2eanNpOIt, pecrerary Of Boards. cs Sie oases pica tre ee aareareahe ahi e 967 ort 

endorsements on plats of subdivisions, dedicated streets, etc., 968 1913 

DOCUEC OU Meera ae atta poeta aie ohe oak gia) ie Wis) and Web diel Wadley Olena dla aie { 969 1917 

RORUATyee OMIT iier Cate COMUCECUT fiat a fia: cars eck Siew v aly Agee o hack el die 970 1919 

to endorse estimate of cost om ordinance for work WANA te dan het arte 971 1920 

power to summon witnesses at hearing on complaint of defective 

XUUL ESE LCEN VOPR tae nett te ed ney chet te cg 5 cle doo acted stele ts bo Cie o/s site 972 1929 

DOWEL maUMiINIslLels Odi) Ao SAIMC oe scene ols viniele'e\ dials «lsiete/afd ow aie hreis 973 1930 

furnish Mayor decision of hearing on defective work.......... 973 1932 

OTIC E Ty ULL Cie Obie onc ac re re an ciel ihe bei nvanalerdial @ atelendes! wes 973 1935 

supervision over other Commissioners and departments...... 973 1936 

shall pass on pay rolls of any member of the Board............ 974 1938 

may appoint assistant, Assessor and Deputy Special Taxes...... 974 1939 

RILG TORO SLE DNAs) fiesta) an, cle RCE gum iras eric, ot Gi Cal Alc tan ato ot St ea hall of ras o's! 974 1940 

salaries and bonds of assistant, deputy and assessor.......,... 974 1941 

974 1942 

BOG IOU Aer eIN OY CS ALD Gl Saale ts eicpsne diavat es) sole, eer me ed ab easels ake 991 2003 

991 2004 

draughtsmen: for‘ Special Fax Department :..... oi. cies estes we nee 975 19438 

Dil ViiOecemaa 1 FOCUS, MOLC citi stviy, Sate iate's Ss 5th aidiece aie hys dg cielo later 975 1944 

to approve appointments of Sewer Commissioner.............. 981 1956 

to approve appointments of Water Commissioner.............. 982 pee 

to approve appointments of Harbor Commissioneér.............. 983 1965 

TOP ODT PUUBe POLE ILD LIC Ee WOli: | CLC Mein ap ivisidujletelas dels s'e ald «i daleie si 987 1985 

duties as to notice and return of special tax work deposit...... { te fans 

POEL LL Vs Ce PCE CREE UO atten far aNial tebe Ciel di es a easel e) Soin’ oi dipcai mia disiph ode le Sie ae: 37s. 989 1995 

SAlATION LANL DUNUS? OL OMIDlOY CS stew cc sc + Keo slslasientin slurp odyere’s elehes 991 { sine 
PRESIDENT OF THE COUNCIL— 

dhialiv PomImGnIpGrmolm BOR rOr Ole LIOAILING. Vance baie vee yw eelana ease 662 437 

BIOCELOMED Hee ee ee roar tes: cee o iecctar chert nloraleNs, vies Mhaele Bowlers 4/0 eee 844 1380 

TOe AP POMIES BN CCOU LEO JATICOL fai erc'e vies abvis wiclae 6.cld/q', dhe ee 0b sisi vieée 845 yee 

acts for Mayor, when Mayor absent or disability.............. 866 1494 

acts as Mayor, when Mayor removed.........ccccecccccveccecs 908 1689 

issues subpoenas in trials of officer by Council................ 910 1700 

when to call special session of Council to consider removal of a oy 


ATI DOLITLL VG OLILCO Te sles gethe el elnre giaicendivly Ge « 0 ig, o 6b hey e olee'e ain o's 


1282 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


‘Index to Charter and Notes, pp. 463-542. 
ee to State Laws for St. Louis, pp. 225-256. 


PRINTING— 
See Public Printing. 


PRISONERS— 
See Work-House; Jailer; Jail; Police Courts. 


PRIVATE SEWERS— 
See Sewers. 


PRIVATE WATCHMEN— 
licensed, how,) conditions /oL2@employment in... 2-226 sec Cee 


PRIVIES— 
See Vaults, Privies and Water Closets. 


PROBATE COURT AND CLERK— 
ordinances affecting, void and repealed—See note to heading 
Chaps IB SArQreh? Ae wesien ane ete Ren ee oe che etna eee es 


PROCESSIONS— 
when not ipermitted “music: Withecs voles) eee ee 
burial or .other, -when permitted with music........./......... 
not permitted in parks—See Parks. 


PROCLAMATION— 
See Mayor; Epidemics; Elections. 


PROFANITY—See Misdemeanors. 


PROPERTY (PRIVATE) — 
assessment of—See Assessment of Property. 
of, prisoners: at. Workhouse, sdispositione.. .. scree eee a ee ee 


PROPERTY OF CITY— 
See Public Property. 


PROSTITUTES— 
See Misdemeanors; Bawdy Houses. 


PUBLIC BATHS AND PLAYGROUNDS— 
for special ordinances, see references in note to heading of 
CHADS A248 ciseh ae emteteetendevets eckve ao Rie las eee, Oates beeen aa 
sites for public bath-houses selected by Board Pub. Imp........ 
Public Baths Commission, functions, appointment, term, no com- 
DENSAULON’ 4 oa. Se eee eres ee Dalla ic Che eh ae a tia 
control and employment of attendants, powers of commission, 
rulestand regulations ie peers Gh ot AA aa COR Aeon oeed ie eee 
public work for, to°be yeu by board “Public Amipts joe ee 
new ordinance creating Public Recreation Committee, for man- 
agement of playgrounds, baths, recreation buildings, etc., 
powers, appointment, etc.—See ordinance 22869, Appendix. . 
Public Recreation Commission to furnish towels and soap for, 
failure to return is misdemeanor, Ord. 23171, note on p. 931 


PUBLIC BUILDINGS— 
‘See names of the respective Buildings. 


department Of —Cha pi AeA Tit Ly tice et bdo 0.6 ear, cle ohne eae ek ee ees 
PEALE OTT Fe a a ace ee ne an) Gy ae eee ie eae ee ee ner er 
Commissioner of—See Commissioner of Public Buildings. 

héatin SrOk ise os eb is we eae RORAe Fake sare. 6 foie et rae ae eae 


injuring or damagineyymMisdemeahor ssi a2 7 Ash eee eee eee ee 

lighting of—See Lighting of Streets, Public Buildings, etc. 

erection, repair and alterations of, controlled by Pres. Board 
Pub? AIMptse asec ee ee hee alee: ate aerated Ee ick ae ea yew 


PUBLIC CARRIERS— 
See Vehicles; Street Cars; Steam Railroads; Boats. 


912 


835 


878 
879 


920 


1714 


1540 
1547 


1802 
1803 


1804 
1804 


INDEX TO REVISED CODE OR GENERAL ORDINANCES 


Index to Charter and Notes, pp. 463- d42, 
| Index to Scheme, pp. 279-286. 


Index to State Laws for St. Lowis, pp. 225-256. 


PUBLIC HALLS— PAGE. 
See Buildings. 


PUBLIC IMPROVEMENTS— 


See Public Work; Board Public Improvements; Streets and 
Highways, etc. 


PUBLIC LIBRARY— 


Is OCLLOU MOL #.)00 nh on O meme eie Vrpitrr EPe ee wer ey lk rn 737 
LAKIN sNOOKS s Dapers.velc.. LFOMl MISGeMCSNOL: wi. le we cle cae wie 885 
fable LOereriri: POOkS .GLC.. MISGEMeCANOr s,s sc ecw ketec eo ldste es. 886 
marking, mutilating, books, ete, misdemeanor...........0. 08.0. . 886 
Piece ene Oe COST C AT Y ALUTLG et ieettek ec eee Ra Aube rah doe hke hy ok a bd eke 886 
PUBLIC PARKS— 
See Parks. 
PUBLIC PORTERS— 
ROT PCOCULEM CONSE, Pred WISI Less ROOT. CLOMis cole chs sh ak cin < vie ec eee @ 93 
ee) Cr COMO MEIY CEI TS, LLU aN te a tamer ie teen oh eee Pact are has slick cc uP aRS sh eee ines 0". « 932 
eke) Pe oR LCeL al) Vir iiy See ees Ae Fate cE raya ie a aa cI, Sh apemadebiebelonai auada! ofelv.ae « os 
DC Myer Ot VLC a Lat ere CLIC LOS uteceays aleftm set cei ad nek cle io teia Shara 'e eve ME oe 935 
shall not permit others to use vehicles, or badges, misdemeanor. . Bos 
PUBLIC PRINTING— 
of proceedings of Municipal Assembly, register to contract for. . 846 
SAIIGECO see UTI Snel LOW EOI 1) haltech al oO ahah as chimes Seat gh tapelehs pierate sale 1002 
procedure for letting of contract for public printing........... 999 


same—advertisement, Register’s duties, what advertisement to 
contain, bids, opening of bids, lowest bidder, council to ap- 


DEOVG we LOLTCLUUIT er Oe OSI ye CLO n ceieite sso oa): tole cle eure te me teehiedavone 999 
bids for, what to contain, rejection of bids, failure of bidders, 

LOLOL GY sy RC OMUCLACLS MOLE Ee OMe cle) tid ara dist ost cise ee abs Ceres’ 999 
regulations for printing ordinances, Mayor’s Messages, bids for 

LONECCOMIDANY » DIGUT OTe CLUV a DEINGIN. ola sities erat esis set vk 1001 


ordinances to be published within five days after enacted, also 
pamphlet forms of, ete.; abstract of proceedings of Assem- 


Div UG ee rat Ae ee eo Ah arate cleamhtaeca word c ¢ = SS Ge re Af oe 1001 
Ce RTO ULV LT tetas re) Cte eee Red go 6d at SYS cies hoh hal addy » 9 Sel Le 1001 
Genii eile We wCONUPACLEU, Og pate tere witcha el <.c. 0:8 3! pede gee al- sey os 1001 
DVOGi sre Lom WwilOlln SIMON ILLOO G aie atcpsrorseaea Nadas «chat ee Webi lni lee Telasle ei ewaj'e "oh gy 1001 
nroposaliawin German to include translations... 4455 00.6% tak aes 1001 
RCE Ceuta eee ey etd) Pa Ae RAL SN ale Me RETIRE, Behe wel alld «, suelo PAL aca 1001 
Ribed yee ee Cem or: COs COUILL sacs cd tetera Ean ahegaas an oes (6 law's faa iebvetols Un fe tie 
Free ier Me eroneny Scuall 25 ot a. th ewe eR on Mead Pace Salih dee ye 


all city, and stationery to be stamped with label of labor union 1002 
Delaliy fore rmrersarding label -ProvislOui. eis cere as aly gine vie lals 


above provisions as to label void—See note to Sec. 2045....... 1002 
PUBLIC PROPERTY=— 

Megha ; 808 
AYU 11 Bits ree ee ESTO ONO ictus kee Safest tise cies s ace sole ko { 899 

injuring or interfering with, connected with lighting city, is 
YT Sard Pe PN PL a a Re Bless abate asief aad sere lal pas ba 811 
InjUsiNe eos Ne it PATKAPPFORIDITEG i...) i021. Posy oe a oe 996 

all officers, clerks, etc., to make a return list of all property in 
HEC Re OWE GD Etc ue Aa Care wutg, 2 SRE Ser ea ae ee 2 ae 911 
POLUTI Daal Brae COU LAT ha ahs Bor nly ic cbs eae lees ies Svle eee 911 
POULT wit Sle ee rem GIO S OC LOLs Sir es he ay ely & cote t ind conn Bln p whi e sla blots 6 9 soe 
912 


unfit for service, turned over to ‘Comptroller a... ccc... fea). er 
vehicles of city—See Vehicles. 

Recorder of Deeds responsible for, in his charge..............- 1004 
to be looked after, controlled and protected by Comptroller.... 1089 


SEC. 


806 
1582 
1583 
1584 
1585 


1284 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{res to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


PUBLIC PROPERTY—Continued. PAGE. 


lien: or ‘bought“invundersspécial waxes... eo ee aoe 


when Mayor and Comptroller may quit-claim property vader {x08 
PUBLIC RECREATION COMMISSION— 

See Public Baths and Playgrounds. 

creation of, powers, duties, authority, appointment, etc.—See 


Ord» 32869, In: Appendixe. cece eke Sek pee Pe ae Rane 1153 


PUBLIC SCALES— 
See Weighing Scales; Weights and Measures; Inspector of 
Weights and Measures. 


PUBLIC SCHOOL BUILDINGS—See School Buildings; Buiidings. 


PUBLIC SEWERS— 
See Sewers. 


PUBLIC WORK— 
See Streets and Highways; Board Publie Improvements. 


when work-house prisoners may be employed on.............. { ane 
ordinances for, to be prepared by Board Public Improvements.. { on 
ordinances for, to contain specific appropriation............... OTF 
ordinances for, to contain estimate of cost endorsement........ S71 
conditions (inserted Mns contracw fOr. iss eas ecient eee een 971 
complaint against defective character of—duty of Board Pub. Imp. 971 
same-—-cost of investigation iat sous heer em ibis La eee 972 
same-—what complaint;shall contain. fesse wou. ced. ec ee Nt Ave pee 972 
same—estimate cost, deposit, dismissal.................cccccees STZ 
same—consideration of complaint, taking tesimony, Board ap- 
points, Commissioners. to Investigate, ete is. wi. ss Pe eee 972 
same—service of notice, hearing, contents of notice............ 1 aug 
same—pfrocess for witnesses, deposSit.............. ccc cee ee ee eee Sig 
same—hearing, testimony, appearances ..............ccc cece eee EES 
same—decision and vote by Board Pub. Imp................... 913 
same-—-Mayor? 2iven YCopy. POL UMOINne: on sf citar wit nee eile oe es 973 
water-WOrks; -wnen to berleuolikesoluer: 4. tice memes sean ee 981 
each letting for, to be numbered by Board Pub. Imp........... 985 
advertisement. of (Notice xLor leLtin eA. tas a «sso os ona ee ee 985 
what. such notice #60 “Contalie mee eck oes 's sco cont cee tenn tere 986 
bids, (how -made; wresulavlons ect ces aie se ae eo eee 986 
deposity to accompany Did for anGrw hal. 2.) ota eee eee 986 
Same—amount’ Of) wdeposits. seen annette wid wie e's whale e pistcia Scene en 986 
same—how deposit conditioned; extension of time............. 986 
when) ‘deposit: forfeitedy mew olde: bcc as aie ees sacs ee eee ee 986 
disposition of deposits for, of successful and unsuccessful bidders 986 
openingof) bids “fore -by: Presiden tetinwhenl oh, hee anata et eee 987 
rejection of bids for, for non-compliance with requirements.... 987 
award to lowest responsible bidder—who such................ 987 
Board Public Improvements may reject all bids for............ 987 
contracts for secured by bond—sureties, who good.......... YS 987 
decisions on who can sue on bond for—See note to Sec. 1989.... 987 
signing and ‘Approval «of, CONthACES TLOrt gs os >. eG eset erie rs 988 
contracts for special tax work, deposit required, to secure what, 988 
ete., when. returned?) CLG a. .ce ieee ees exit bunt ear we Sates to 
989 
s : 989 
contracts for grading and repairs let annually................ { 970 
annual emergency contract by B. P. I. for sewer work.......... 989 
in connection with sewers—See Sewers. 
PUBLICATION— 


of notice to non-resident owners of unsafe buildings............ 610 


SEC. 
2432 
2433 
2427 


1770 
LITE 
1913 
1918 
1920 
1920 
1921 
1922 
1923 
1924 
1925 


1926 
1927 
1928 
1929 
1930 
1931 
1932 
1957 
1976 
1977 
1978 
1979 
1980 
1981 
1982 
1983 
1984 
1985 
1986 
1987 
1987 
1988 


1990 
1991 

to 
1993 
1994 
1919 
1994a_ . 


217 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463- 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


PUBLICA TION—Continued. 


of 
of 


of 
of 


Names OLMSrsons sell Ns tainted LOO 64d ee eee eae sees 
application for lease of unimproved portion of wharf........ 


NOLIGE. # lO AU LOmERI Len tOe ar eee 9 eo Rey. seats 6 hese e's aia othe bole 
notice by Health Commissioner of impure milk, etc......... 


notice by, to remove obstructions from highway................ 


of 


of 


of 
of 
of 
in 


Ot 
of 
of 
of 


of 
of 
of 


proclamation for special session of Mun. Assem.............. 


proclamation for special election to Municipal Assembly.... 


WEOA a OGsr tt DOO Ke d OF Uber arte Ce aiid. cm Bistals o cde ta ove Biche eden 
POLI EOL TAT iCOl- Seattle Fi segters Cia Pitete no safe his aie o 68 See ee 
printed rules and regulations as to markets................. 
newspapers of advertisements concerning venereal diseases, 
MOG Clie LOL OU COUMUL Ol: BOLOEICr an incase LOE A cial am Stet) s Gk dik aes 
order prohibiting dogs to be without muzzles................ 
record of Mullanphy Emigrant Relief Fund.................. 
BELOCLIOUT OLS SPATLOG LOLs VEILCIOS ccm crate, fhe vematctierne che eiel <r ere) se. 6» [ee 
notice of meeting of B. P. I. to consider street or alley im- 
DEV CTCL ee kN. ae ere ate ate rs ae teat ats hich vat dials sd ogi ese! 
OroinAnCceswiIthineinve CayS OL -ADDIOVAL sul see clay lareiere says 6 
public documents and proceedings of assembly.............. 
COUIPIERIOUITOLTASESSSOL 37. DOORS avi nie Soe df oe itier aie a eabetes layne bia ecm 8's 


by license collector at Comptroller’s direction of manufacturers 


PECQUITCINEHISE LOT nt ICONS se TAXCS) 1. tere tld aint Miele sd tos ale eure Skew 


Baer se DIGLC Natl COnPeC Ur LeliOl csr ire ie ale tier e ise piele. oe ole ele ticle ae Oks 
of notice of hearing to compel connection with private sewers... 


of 


of 


notices of advertisements in supply department—See Com- 
missioner of Supplies. 

advertisement of sale of surplus or condemned supplies for 
CE aaah enter ee re ee PCL GO ene as ars aval eleniiala ciaheies cots t's 


PUERPERAL FEVER— 
See Contagious or Infectious Diseases. 


PYROTECHNICS— 


prohibited without permit 


CSS AO! Be Oo OCs 6) St 8) 6 66 O) 6.) Oe. 6, 0) M) O'R, Oo 6. 6, 6 fel O18 6 ce 


QUARANTINE— 


under charge of Health, Commissioner 
Superintendent of, appointment, term 


© 6 Cree Ce 6 a 61/6 6 @ 6 0:6 0.6 6 6 © 0 @ Be 


eee ee ee ee eee eee eee eee ee ee 


SAAT Va ou DELilLONOGH Le Ole cs ae Ae irae ark a cleat ae kale eee hace é 


Health  Commissiqner towprescribe, rules for. fy i350. oe ee ee ca 


decisions concerning—See note to sec. 818 
regulations for, to apply to whom and what 
Commissioner’s rules to be approved by Board of Health 


© Re Oe a eH (6 e.6) O'S ib 056 Oi WO. 


Se 978 4 @ 0).0 ne 0 6 we fie ee 8 oO 


against sections having contagious, etc., diseases............... 


in 


notice of, how and to whom given, penalty for disregarding 
who may be sent to, station 
promulgation of rules for 


case of epidemics—rules and regulations.................... 


eee ws ¢ 
S22 eh eee 6) Oe e Se 6 18, Oe we me She) 8 by ae a6. 8b le) aie eS 


ce Me Cee 1S SSeS ie Sue @ we wo). 6 ae 0 16 fe @1 0 6) 4 4% ¢ @. 6 © 


disregarding or resisting rules for, penalty..................... 


location of 


ee eee Mee) Se woe C6. Sere Ss at 6 Oe ee 8 4, p 6se 6 6 6 6 6 66 8} 6 6 8 oe 8 E06 RTO 6 


QUARRIES— 
See Stonequarries. 


PAGE. 


687 
652 
709 
fu 
684 
769 
844 
866 
846 
866 
848 
854 
861 


873 
899 
904 
944 


970 
1001 
1001 
1011 


1032 
1035 
1061 


612 


665 
723 
868 
723 
724 
724 
124 
39 
739 
740 
740 
740 
740 
740 
741 
741 
741 
741 


751 


542, 


1285 


SEC. 
544 
383 
644 
654 
529 
935 
379 
1496 
1390 
1496 
1399 
1427 
1472 


1525 
1644 
1667 
1846 


1918 
2037 
2037 
2096 


2186 
2197 
2311 


229 


450 
717 
1509 
719 
725 
726 
727 
818 


819 
§20 
§20 
820 
821 
823 
824 
825 
826 
874 
875 


1286 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| tnaes to State Laws for St. Lowis, pp. 225-256. 


RAGS— . 
when nuisance—See Nuwisance. 
permit “fori picking, required. cus 2 -o5.e cae aie cee ees oe ee 
dealer in, having no place of business, how scales, etc., to be 
tested—failure misdemeanor. .......... SOAs ta Sat oy RUS nals eee 


RAILROAD DEPOTS— 
sale of perishable fruits and vegetables at—See Fruits; Vegeta- 
bles; Misdemeanors. 
stand for, hacks" and OLher Veulcles a buat. etn Gi eee ee ee 
soliciting “passen@ers alte SLOP ei ue chads Noe tela ee eee ee 
posting ordinances as 00 Solcitine. Clos ys Aes a ee ae ee 


assistance at, to emigrants by Mullanphy Emigrant Relief Fund 


regulations »£0r: cabs naeks ett. (ate. ian ee eek oe eee 
space for runners at, to be allotted by Police Commissioners... . 


RAILROAD RUNNERS OR AGENTS— 
See Runners. 


RAILROAD TICKET BROKERS— 
license “Pequyred] DV.A Ue. ss wy ae ke cheb eee ee ee one een 
defined die Be Beach Sig wget An ete Fa I 


amount of license, ean terms, etc., ord. 22600 in appendix.. 

same; befare amendment... 20 247 aces bee ee nae eee 
regulations what business poem sea biel and manner of recedes 
bond required, revocation of license by Mayor.................. 
procedure: to revokedlicenSe yy. chi ee eet ele ian ee 
violation of provisions misdemeanor, penalty................... 


RAILROADS— 
See Street Railways; Steam Railroads. 


RAILS— 
of street railways—See Street Railways. 


RANGES—See Buildings. 


RATES— 
See Fees and Rates. 


REAL ESTATE AGENT— 
shall not rent or lease unsafe building, after notice............ 


when responsible for nuisance on premises.................. is 


duty of, to keep sidewalks, etc., clear of filth, snow and ice...... 
notice to, to correct; location “of water SUOD-DOX....\.". . si. see eee ae 
notice to, that houses used for immoral purposes.............. 
when-license as” allctioneerTrequive@ eerie «wat... chee eee 
defined; also’) *hous@asen ts vic ty wee reels a) islets a ctee siaayrens, eames 
or: broker; Gevined ds. ore Fe eke bat nn eeeee Picts: auevcye: dbase acl i ee 
license, amount, (Talltire sO OD LATS Penal iin cin tets «oo At epee wae cee 
same—amendment, ord. 22597, see appendix................... 
decision sustaining ordinance, see note to sec. 2178............. 
cannot be compelled to take down unsafe buildings—See note to 

heading: of “Chap. 31, Aris ee Ae Rae ET oe EB bah? 
when may be compelled to take out city water license, misde- 

INCANION 407 156 EL I TL Late cans RDU e Cn xt tay TK te ee 


RECORDER OF DEEDS— 
qualifications, -election/* termi ae. sae were cee ee eee ee 
certificate: of election from sh egistenee. ook ieee 
bond of bck ead VON Ae aera Sele teat hee eee re ee nee 


1043 
10438 
10438 
1160 
1043 
1044 
1044 
1044 
1044 


2231 
2232 
2232 


2233 
2234 
2234 
2234 
2235 


218 
596 
648 
652 
1234 
1244 
1518 
2131 
2176 
2177 
2178 


2464 


2047 
2048 
2049 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


1287 


{ines to Charter and Notes, pp. 463-542. 


Index to State Laws for St. Lowis, pp. 225-256. 


RECORDER OF DEEDS—Continued. 

Grice vacated + On Tali ureslo sey Grol es ok sya ws So oe, 
WRtiess.0f, TORUIALIONS OL AOLnCGeA eke eke wen we Ge ee Oar as Mays 
improper use of records in office of, by others, or use of ink, loud 

GE UCT re eee te, eee EN Ele CW ately CIS Cle isco) wim ates 
SALTY e OP GY cer Aide ce PRES Cie Kise cong hea WM bueiw a's el els, « 
COLIGGEIN Sette Pl THE aa ee Cig Te eee AS ari alu SR: ale Shea ec 
SNDIOVEGs) 11h OLUCE. OLF APDOMIUGEN EE Myre Weds Wade Fel a es lids 
same—amendment, appendix, ord. 22883............. Loi See Sie 
same—salaries of employes, number clerks....................4- 
Same—amendment, appendix, Ord. (22883... 6. ei ie cea hence: 
CISCTOLRE BOL GIO Ge sO le IY ii ere ths ee cir Pare eke tsk S's hos ava eteasl sls leas 
BRET RCLEE AiG” INUOXGT,  CUtdeH MeL aLY otro aids Slide os artis amin owe aisle 
violation of provisions for office of, misdemeanor............... 
Pelmehs PLA IUGR CON ELON a coat. ih che es tvte ee catia Lalla, Cache dive k Pie wre eo 849 oie 
POSNONS IG Ole oll DEO DOLLY mills WIS CUATELO ch. fs suatiiele « elas @ ew nie dies 
BPOtLOUeT Wil OeetiLETiILU Fes LOR OEiCe- vO. oy circa a) ie: 4 alaererene apes a i) 
TAPOOVOLGL HIS (WOOLGTUIDNIG LOLMULICD i. tare cnidlere ce eb ted que mare the wees 
to deliver deeds, etc., to President Board of Assessors, to record 

IY COMO MTT LLUS ay Bitiote te zis oats is bidet) iets ee nse detail efonmae sie tatar of9\ 


RED LIGHT— 
See Danger Signal. 
BES teatime me Se Gy SCALE Win tic hats ane cia iuiseekaleas wie eG UGS ain arn sh iby are 
Nrevalatiiie Oe Ue Uree GESTS MALOU y DYrs a fansele re meee eke SOS eae e ba > oa 8a 


for excavations and obstructions in highways at night.......... 
at each end of pile of material in street or of excavation while 
' MUtlaiie SNe Ne eOrOGLet GLUT IA aie Wits witsieis Sa meree nda eiie foe 


for man-holes and service boxes of electric companies.......... 
or danger signals, breaking, removing, etc.—See Danger-Signals. 
WHEHETCOINITEU Ol BUTCOLOCOLS sie is \eiecdie: ra eo slens “PS hae, A eta Jah Cea et oe 


REGISTER— 
UP Gem PAE OEE ECLA eae ye ele ie ie ete, Coe hand wil ees, ee Bod ele Sa eam eiaget drenaea 
ia riisiie COrONEr COFLInCale (OLE ClGGtiOn ects un cuetetthals cy selebecs.c ese 
TOMEI AL Gite LAU Se eOaWwOle CLS iia) occ cate tnle) craw cents Ooo ar achrw oa 
Pies Sile DAIICHI Y Li CeMncGaiges (vera ice cites aint otied ¢ eletaie vies 
to furnish metallic license plates for garbage vehicles.......... 
duties and powers respecting printing—See Public Printing. 
duty of respecting ordinances—See Ordinances. 
MULT OCIT Gs GOP DIALES, “DIOVIGIONS, vrecse ara el herese ele el ove ww Quakes ela ois 
RePMETED TF stitme 11 C CLLR C-P)1 AGES ie. cals 50a stcicus a tabal ot ake apt oC ends. ate ds’ Seales ns 
to notify roads of report of commissioners that one road use an- 
Gio t Pen rc sy} OLGre Namie nate Sted erat tate oe kee ae A telel, aXe olvs 
OC Our (lt) tommmernn te TELCOS WIL bey o.oo eli enn Wee Ok Mak Shek & ols ae ESA wie s 


NutieneseetoecOulrace 1OrepuvpliCe Printings 6.25.4 baa s Oeil aca ce enews 


OULICH arte MCOUEEACL SL OMujOD DIiNLing tg oats ec Revels « plestna ee cue 


Dee el here CEL IGE Be SE TTI CED. tn wre ated te tent do aoa a Mains b.ciates ea ce 4 


to furnish certificate of election to Recorder of Deeds........... 
references to provisions governing, see note to heading of Chap. 


fy TEE IE RE Pee ES ee els ooo lave cabbie Gduke. curate, 6 6 8a hoe eee 
Cut] Com Gra time Cae 1 teen oy ae) folge s oli sv oie be wide Bedale es 
custody all public records, documents, all bonds, etc............ 


GUSTO Vem OleOle Mato Oa Wh ti en ge stl ae BE ufo ut Ris wtviel eis o aisis.s we ee 
attest acts Mayor, copies of documents, etc,, fees for copies, etc.. 
AGINIMISte te ease eee) ert EDT C1 ONG ue wee ce dis chai ola iw oss coo Siete cise e's 
BUPOMIN SAUD DNC IEL ues eI CORSE Ici, es ke ake Aa els whales «feelin oes ele nis 
performs all duties required of Clerk of County Court.......... 
SAM G——T OlGstO See ae ee ne te, oaks only cide cy cle vec wace nes 
LOvissite: Alimbtamee licenseseand OLMmse s,s he. cc ccc es oak owe 
OLHer “CuULIgn SAIN a yer ON ET OU ele panel lele els a nls dvs (s/o wis! wrale oe. oe) ale 
GeDULT 7 AD DULIEMIEN Ler DON Oise OlULIGE ds 09 8 oo ce o's drawer vias oe 
TEBDOMALDICP LOU Pe RC LOM OL TOTEM ete a ere a8 wc cov yuacd boa sus ole ata al « sabe 


PAGE. 


1003 
1003 


1003 
10038 
1003 
1003 
1156 
1004 
1156 
1004 
1004 
1004 
1004 
1004 
1004 
1005 


1011 


SEC. 
2050 
2051 


2051 
2052 
2053 
2054 


2055 


2056 
2057 
2058 
2059 
2059 
2060 
2061 


2097 


1288 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


REGISTER—Continued. 
salary “of and /.of deputy, Ux0w's yoo ye tee Oe ce te 
Salaries <ofy Glerks 2.08 os Sek ey athe Rees eng tee ee 
OW OE 5 oe Ae oso cskey bts Sigel et ae eee et) CO ee 


powers and duties of, as to taxes on merchandise and merchants’ 
licenses. transferred *tov-Collectoreuieibu. eee eee 
issuance of blanks in connection with boiler inspections........ 
blanks *from;. for water rates). departmente...... 00. oe eee ee 
RELIGIOUS WORSHIP—See also Misdemeanors. 


CIsturbante OL Pa se eS cas coca te a Mere Re ae Ste NE Oa 


REMOVAL OF BUILDINGS—See Buildings. 


REMONSTRANCE— 
against i street. Jmpravementiacs veloc yee ee eee 


REMOVAL OF OBSTRUCTIONS— 
See Obstructions. 


REMOVAL OF OFFICERS—See Officers; also the respective officers 
in question; Mayor. 


RENDERING ESTABLISHMENT— 
See Factory. 


Wher! (NUISANCE. wie sleet Fiel on Coe AS aL ame babE lstet Wis ERURAERILD ie htae Gat Rae 

notesto’ be ‘opened ) WithoutVordinance 0. .ho ieee ee er rece 

dead animals: not-for} LOO va Firat 16 cress sora te ste a eee ara totete eee | ee 

How constructed ce ac seein soe MACS Re en es ec ee 

hauling’ garbazewto; "Conditions. Aare e ko Geet ee tees eee eee 

how to discharge into sewers, and penalty for failure........... 
RENT— 


for wharf—See Wharf. 

for use of wharf-boats—See Wharf-boats. 
for market space, etc.—See Markets. 
from leases—See Leases. 


REPAIRS— 
See Buildings. 
GefinitiOn, OF, COLI eee he ears, ace oh eels ey RI ae a Ge see kes Tol ode tae 
of sidewalks—See Sidewalks. 
of streets and highways, etc.—See Streets and Highways. 
of alleys—See Alleys. 
of city fire deparementrapparatus > iy ciec-atee sein eer ete eae 
OL ~WHALE DAVEE He ie se ocasa See duutle 'o lateral orcs te her ous Meme fe aera er an re ey one 
of conduits, ducts, wires, etc., for electric contrivance........... 
of space between street car tracks—See Street Railways. 


ANNUAL TEPAIT 'CONTTAGLU. siete: ee eue odeiata ate sibs Vetahe ceca 8 ween eres 


annual emergency, contract for Sewer work.............-2.ee00- 
of public buildings controlled by Pres. Board Pub. Improvements 
on .bollers,duitles ZO SO WNEFS sass Mae ee ccalr i> Coe Ree eee eee 
on elevators, regulations, duty. of owners, etc: .....)%.2.0. 42... 


of  water- works (Pipes tow, aes sis ele a ele alkene does er a ee eee 


REPEAL OF ORDINANCES— 
See Ordinances. 


~ 969 


562 


1918 


61 


312 
370 
1102 


1919 
1994 
1994a 
1935 
2354 
2361 
2504 
2505 
2510 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1289 


Index to Charter and Notes, pp. 463-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 
REPORTS— PAGE. SEC. 
See names of respective officers required to make. 


REQUISITIONS— 
See for provisions respecting particular departments, the names 
of such departments or officers thereof. 


OLUCErar carmakers 00 Ge OnCePeACUCIN ONL tau 6c ile ters bees coe pene 912 ‘1709 
1078 2377 
TAN CeO RSID Ve OU ies OG? Olt, fee te clans gic oSele ost ereece i s.8's 1088 2378 
1078 2380 
I DAsee OL TUSLICCHN OL SUG NCACE, CUCL. « achicha 023.64 bacon cules 83 1326 
RESIDENCE— 
OINcers ftvying. up, in city ssvacate- their offices... oos. .5 eh ees 908 1687 
of jailer, superintendent of workhouse, fire department men, ete. 
—See names of institutions or officers. 
as a requisite for admission to insane asylum, etc.—See Insane 
Persons; Insane Asylum. 
RESTAURANTS— 
BOm DLO VUGwearnawen TECEDLACIES) ve cu eine cts tance wes oes hee bwee CAT 687 
PiGUetiMerre OLGA lita pers ae lice RP ales Eee Pte ke ake ctw eon we ei 1038 2206 
Classes VOLPordinaries | Or restaurants. cael soe c eka kiegceee bees 1038 2207 
amount of license of each respective class, duration of license.. 1038 2207 
same—amended—See appendix, ordinance 22596................ 1159 
penalty for conducting under improper license.................. 1038 2208 
same—amended—See appendix, ord. 22596.-.............c00c00- 1159 
MECANCEL Tr UOT AMI Ti hore tthnre wie catatonic chale & Pelee ecole < aiele tes 1064 2314 
RESTRAINT OF ANIMALS— 
rights of city concerning, see note to sec. 1578. 
ordinances on—See Cattle; Animals. 
of dogs—See Dogs. 
REVENUE— 
See Taxes; Licenses; Assessment of Property; Leases; Rent; Col- 
lector; Treasury Department; Treasurer; Comptroller; 
Auditor, etc. 
REVISED CODE— 
reference to, by section number sufficient...................... 851 1414 
Balle OL Ue 22 oat Mle CLP DOLLCLX vistas siecle aadee nes eels Soles See Bes 1150 
is but one ordinance, being No. 22902, approved March 19, 1907. 
(See note on page 341 of Charter). 
CPR AR CUTE! CEPR EON AN) aoa Bork en olive DIAS hans Abi ee ie ei oe aa a 545 
SELEUCIA Pt aus, soa Ee SUE TS LOS 6 Litre Sido e oc aha Kee odie 1130 
CAPA reer rk CTE Tu a reer eee eR ed edges rn OE coats Lda a elas a cid eleln wk erde | 
REVISION OF ORDINANCES— 
not new enactments, but continuance of existing................ 849 1400 
RIGHT TO ENTER PREMISES— 
by Building Commissioner to enter burned buildings............ 556 og 
by members Board of Appeals, or officer of Building Dep’t...... 562 60 
by Building Commissioner to raise chimneys and smoke-stacks. . 589 159 
by Building Com’r or Chief Fire Department to enter theatres. . 600 195 
by adjoining owner to underpin or protect against excavations. 567 73 
by Health Com’r or employes to ascertain conditions............ | eae Ae 
Dy, GICYs COCmSUwIP eet se yi ticre GLU ta Hoe o/s). iss 4 Hale al de arash» 672 489 
for purposes of milk inspection, penalty for refusal............. 679 507 
by veterinary surgeons to inspect dairies, etc.................. 684 526 
by inspectors of fruit, meat, fish, vegetables, etc...+............ 686 541 
by police and Board of Health appointees, respecting nuisances. 706 632 
Ly. CONTYACTOPFE DAL ING ANiisance Lote CIC oe «ee 0 cla sist tinia wre ewe Wee's 713 668 


by Supervisor of City Lighting........... AS ieee owt PING Ase ee 94 792 1144 


1290 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louwis, pp. 225-256. 


RIGHT TO ENTER PREMISES—Continued. 


by Supervisor: of “Plumbing and sagentse- 35.50, 22 eee 
by .Sewer® Commissioner, orrvagents. cc oak ee ee 
by. Assessor+and -CollectorofsWater~Rates fel... oy so eee eee 


RIOTS AND RIOTOUS ASSEMBLIES— 
power of: Mayor. to quell ¢3 ox, ee ie ea te ne ee 
forbidden, misdemeanor ere eee oh, a ee ee 


RIPARIAN RIGHTS— 
on Mississippi River—See note to sec. 345......2............-.. 


ROCKETS— 
hot'.to be ‘diseharged) withonvepermise ee nae eee eee 
ROOFS— 
See Buildings. 
ROUNDABOUT— 
See Hahibition or Show. 
RUBBISH— 
where not: to: ‘bev Durned 340 os oe ee ee a ee fee 
When “:Ntisances 5 Poa ur eae eval aver ees te tee ee 
in’ nuisance, artiele delinedy. 2. yo. She ee eo oe cae eee 
on streets); prohibited oh. tee a ls ea ee ee eee 


ON: JOUSY NUISANCE spicy inde coc Mex She es ee ae ace caer eect eee 
term “in nuisance- article denned o..cc samme tienes oat ee a re 
on side-walk or street from buildings being erected............ 
on. side-walk from jburned, Dulldinges. 12) ho see le eae 


RUNNERS— 

for railroads, steamboats, hotels, etc., require a license.......... 
Mefinition BOE es yao) eo ei aie ele oa Ate ne ok lea doe a eee 
duties sof; "demeanor (OD seed pace ne kee ene Pe, es oe ee ee 
respectinl ‘manneropy-aTred wired 0s oe ea gia ee eines eae ee ee 
bond. of, ' Defore “1iCenses c/s «oe eae aie eae ces: soe een, Wee, eee 
amount and -period “or TWicenses Of. a7 free. ee eee 
license to hotel runner may be transferred when............... 
licenses for, not assignable or transferable.................... 
licenseto ‘be’ .exhi bitedvons demand) Swhen Were are sioerel eset es et 
police commissioners stands or places for, at stations........... 
violation..of article on: mIsSGEMeanor.cnc.daeene sensed) yep eee 
vehicle stands for—See Railroad Depots; Vehicles. 


S 


ST. ANNH’S WIDOWS’ HOME, INFANT ASYLUM, ETC.— 
may receive foundlings on contract with city................... 
foundlings at—See Foundlings. 


ST. CLAIR FERRY CO.— 
See Ferries. 


ST. LOUIS FIRE PREVENTION BUREAU— 
Inspectors EVO We | 58 2g. ed ee ase eels, cae ee ein eee ner 


ST. LOUIS COLORED ORPHANS’ HOME— 
authorized to contract with city for care of foundlings.......... 
foundlings at—See Foundlings. 


ST. LOUIS HARDWOOD AND LUMBER MANUFACTURERS EX- 
CHANGE— 
See Lumber. 


229 


223 
224 
590 
594 
598 
610 
629 
928 
929 


2236 
2237 
2238 
2239 
2240 
2241 
2242 
2243 
2244 
2245 
2246 


1728 


1728 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1291 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


ST. LOUIS INDUSTRIAL SCHOOL— PAGE. SEC. 
{formerly House of Refuge. ] 
Co TIT Stead ErTOUl toy PYLOL Me eh eee e ai oo as aMe aoe awe Sieg aD K vie tiede 625 285 
PHO Len Glia VO mE ONIN UG oy cere ee pues «tie -ds dE ow Wale on S68 1509 
BOGrd. OF ManaeersncoreMayor ADDOINUS... 0 6.4. kaa ds eaten 869 1510 
WEA VOTE BE RPGLUGiO CITT ESOT eee eee as wk xeal’s Sodje ect cca eherstanw ala 869 1510 
FLOUBELOLMELC EH Ser Min LLMs ie CCU art rs a eiviie vag emisie inp 4 0 0 kis egies 925 1785 
change of name not to affect law regulating same.............. 926 1786 
for references to statute and charter provisions, see note to 

peg! hate ep eM HEN OS Pat eet ke Cue ER ie ka ean 925 


ST. LOUIS SCHOOL AND MUSEUM OF FINE ARTS— 
See Art Building. 


ST. LOUIS TRAINING SCHOOL FOR NURSES— 


excepted from qualifications necessary other appointees..:..... 666 460 
pupils in, when admitted to hospitals........ Sf hy ipa Aa nt ae Er (22 713 
selection from pupils of, as nurses in city institutions.......... 722 715 
same—new ordinance, appendix ord. 23001...................... 1142 


ST. LOUIS WATER BONDS— 
See Bonds (of City.) 


SALARIES OR COMPENSATION— 
See also Fees. 


Mees UI Ss CC OMINLISSLOMET Aly eel eee cakes ie vs CORA cg oe aS Gara, Ue alee aa 549 11 
of janitors and night watehmen of Building Commissioner...... bdb1 16 
of engineers and firemen of public buildings .................. 551 La 
Oey esr LOL ee uO SB SlOMOL tate cee visto ts deals iy sche le oss aness 553 30 
of Chief Clerk, Assistant Clerk and Permit Clerk in office of 
Pa oe CONN MI Sa tO ias wets Loe ea As Otc ls a ais! a. a ore clare alas 554 31 
same amended by Ord. 22778. See Appendix ...............0.0- 1132 
of Chief Inspector, of .bimniding ‘Commissioner ....0:.0....0...05. \. 554 32 
OR OLrer Ils peECLOrS- Of DUlLldIn= CONMNMISSIONG? oat es ole we 554 30-04 
same, amendment to sec. 34, See Ord. 22749, Appendix........ L132 
CePA TOMI eCUUl ain Trae DUS all weet Gee Oo sce es Sew as wee 555 35 
of contingent employes of Building Commissioner ............. 555 36 
CoE SOT Cel LET) COLE: tet oh a otek Canc td antes eeeatys eos SIGS CP EY ear 561 58 
DieOorouer eitiss GEDULY, ANG CONSTADIG in oi ers yy Sie ae a 615 245 
eg aTel ge Tene re OC Ges fe si bg Mi! eee tell ee eee a Ae ten a ay Se Ae 615 246 
BE GIUPT OD el LONG OLOILCL a. seeterc te ht aw chaltie ee era aan livin jd sce. luce des orera ls 616 251 
of Superintendent of Morgue, assistant and porter.............. 619 268 
Cie AGEOT ye Ls DeCLOlealld Sse DIO VCS... Soc oc crane se hclee Sales wis 624 281 
Gi Ue CTae ICG CULE LING IU. sors celta eos sraesie ot ek Shes eee to Belews 625 286 
of assitants and employes in Fire Department................. 625 287 
of men and officers in Fire and Police Telegraph Department.... 63: 318 
Dims POU rmOne SCR VCNE GY (ITT Diss tae na ok ais eye vo ola sale dale es 657 407 
OPaGGreMucitio MOE Le VES OTe Wall! cote. 24 6 lle. ood Fark a wi eie eo ereye 657 411 
IPR ORACSp NABI TELS TAD Y ECE MG OLG ING MS Mcts UAE by, ROMP” Manns mn ine Se ee ee 663 440 
of Clerk of Board of Health and of Health Commissioner...... 664 445 
Oy ieeert CL ie mV ELEN eds) erm ene ee oaks le) wae ese joce a's a's agebes 665 451 
OL ASSIS Gl Gee eal Lier ON IISSLOLLGT te Ac ee MEE sface's lebsiass we aga Whee eo 666 455 
of additional help in Health Commissioner’s office.............. 666 457 
Of Clerpkae sanicary aby isioll Oar tol eHealth icy oa ad sod re base 666 461 
667 462 
where employes of Health Department work overtime.......... 667 463 
667 464 
Die TG ALE 10) Cele Perret Od as ela oe heidi dias, bn Sie adds as 667 465 
OLS ass lata Tie i Cue Or tere mee ae sO LE ee whe cis a cs, Yin Se old Bima 668 469 
Of Clerk) ANG ator LO s a TeLIOLOP IS att oye Lm ows lele's ge v peeckleren 668 473 
of two new laboratory assistants to Bacteriologist. (See sec. 
4 ORD OLLOL Osco ey Mme DIOLS bs cite ence id & oew da. OR 8 ws patie eee AL, 
OPMOLEY CGI ie taunt, eer, Se ee ee ee as Ls a's! sw aha: 6 aig wiedigrs 670 A477 


of sundry subordinates and assistants to City Chemist........ 670 480 


1292 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


SALARIES OR COMPENSATION—Continued. PAGE. 
of assistant milk inspection employes to City Chemist.......... 672 
: : : 683 
of veterinary surgeons as inspectors of live stock, etc.......... { 684 
of inspectors of meat, fish, vegetables, fruit, etc................ 686 
Of) ‘CLEVE NULSES cs See AE ee ee eter re aie ace ieas eee et Ritey eee See etna aoa 122 
of Superintendents of Insane Asylum, City Hospital, Female 
Hos pital.e este 06 25 eRe epee eee et te ee Se PRMD mh CS ign To 
( 723 
: j . [ney 2 
of Superintendent ob Quarantine. sari viele oe wien eee } 794 
\ 124 
of Assistant Superintendent at Insane Asylum ............. i 725 
of Assistant Superintendent at Female Hospital ...........0..... 726 
of Supervisor of Nurses and Matron at Female Hospital...... 727 
of ‘apothecaries; at “dispensary ics... Guin cele: aa ee eee eee 730 
of: Superinténdent.ob Poor-House sc yee tips ea, eer eee ae toe 
of dairy. ‘employes. atPoor-Housess Sau Selene ere aren ee (op 
of officers and employes of Health Department (not otherwise es 
above SPecified eve sci etee wesc lee areata eis Oh ete a ea re 751 
of .commissioners in. street;-opening;” ela.) (Cases... 45. suse 754 
of -employes: in. street-sprinkling sdivisions <i. ne as ee eee: PEL 
of temporary employes in street sprinkling matters ...,...... 115 
of Supervisor of City Lighting and employes in his office........ 791 
of -City~ Foresterinsg ole Bed cscs ates eke cette iv eaten et ed ata 813 
of employes, in department of City Forester :.....5.052...5..; 813 
of “temporary Polices Justices sos sae are ate eee ae ee ee 815 
of Assistant’ «Police ‘Court (@ClGrks: 5, she .ic. so ee 8 oe ee { oa 
of -Firstwand Second District. Police” Justices... <4 cen a 831 
of Police Justice of Court South,of Arsenal Street..........:. 831 
of :Clerk: of ‘Police: Court >South oteArsenaia. .7e ote iets date 831 
of Attorney of Police Court South of Arsenal................ 831 
of “Marshal and» his deputies.) Cie ecmeetls see aie gee ane Ree 834 
of: Jury “Commissioner and sdepuiles Ae + 2 a es eee ei 834 
of City Attorney, and of Assistant City Attorney... vis 3. oie 836 
of ‘Associate —. City: GA ttOrney ig Oho Pe piste atc bs ns nd coronas Biatkty Genes 837 
of ‘City: Counsélor cause. ce woe hole 2 oe oe See hs bee ee tee ee 840 
of “Associate. City =Connselors ic cee etc ee es Ge ee rae aaa 840 
of Second Associate sity s Counselor’ 22 eres ae ol oe erates 840 
of Assistant City Counselor, See Appendix, ord 23038, amending 
R..C., BOGS LS CS Be Sete es eclete sb Stree Meany Nae a 1149 
of clerks, stenographers in City Counselor’s office—See ord. 230388, 
In KAPDEN GIR eG she hth, ee ae cee een a eae ce Oe AC ea 1149 
of additional stenographers by the day, in City Counselor’s of- 
Li Pee wL ER A it Coo SSM e Re MMe ame rie he WE ORIN SOs A 3S 843 
of members: of; MunicipalyAssembl y., 25 see se ee eens anes 843 
OL Mayor. sane re hs oe mee ba oko oe eet en ae tee Lge, ere 865 
of Mayor’s Secretary, Assistant Secretary, Janitor, Stenographer 865 
Of Acting, Mayon rie wimreleic mea are celt La Sarale dociehacs ape ed an pare te eieatas 866 
of persons employed by Marshal to take up estrays ............ 885 
of Smoke “Inspector andeDeputies-s.. o.c geoe oe 1 et eee eee 894 
none for Board Mullanphy Emigrant Relief Fund............... 902 
of officers of Board of Mullanphy Emigrant Relief fund......... 903 
none, while officers out of city without leave.:.............. 908 
none to. officers ‘for period sOl-Suspension: 27, fs ens te ke ee 911 
none to Commissioners of Penal and Charitable Institutions.... 915 
for eare of foundlings—See Foundlings. | 
Of gallo)! aaah ae See ek Rie ote bie hoe ate. bP SREP oy RMR LAS Aa 917 
oL deputy jailer, -suards COOKS BUG Gril ce ae eee ee 917 
of physician when employed at Work-House .................. 922 


of ‘Superintendent at Work-House ss. Sse sven tie eek eee ate eae 924 


SEC. 
487 
524 
526 
538 
715 


719 
719 
725 
726 
727 
732 
741 
746 
769 
781 
788 
872 
873 
875 
882 
1076 
1082 
1140 
1252 
1253 
1262 
1269 
1270 
1317 
1318 
1319 
1320 
1333 
1334 
1341 
1345 
1362 
1363 
1364 


1375 
1378 
1487 
1489 
1494 
1580 
1625 
1658 
1664 
1688 
1705 
1727 


1736 
1737 
1765 
1779 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1298 


‘ Index to Charter and Notes, pp. 463-542. 
| ies to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 
SALARIES OR COMPENSATION—Continued. PAGE. SEC. 
924 1780 
OL OtNGr 7EmplOvesy aw oVV OF R-ELOUSG) nei head hak bole o eA ates DRS 925 1782 
of Board of Examiners of Plumbers—See Appendix, ord. 23007.1150-1153 
of Supervisor of Plumbing and of his subordinates............ 927 1792 
NONE SlOMeP UDG! Bathes GOULMISSION. wo cas te ase isola sicateeee « +s 931 1803 
OP ALCENO Aes Geer Da eee ra ae dic gate ack a sie fan vine Ae? O ean e © 931 1804 
same—baths and play-grounds, ord. 22869, Appendix........... 11538 
OPMNSNeCLOTPSeOL’ V GUICleSaot: ohatisio science OW tak acs Sues «aces eae «6 935 1810 
of Secretary of Board of Public Improvements .............. 967 1911 
of Assistant, deputy and Assessor of Special Taxes.............. 974 1941 
974 1942 
975 1943 
of additional employes of Pres. Pub. Improvements........... he fae 
991 2003 
991 2004 
of Water Department men at Water-Works, Electric Plant and 
eee t Le VsRR Per CW cE PA a GPA CS sobs lie hin ute iy ated Gilg’ wackinte, Risisle eh « 982 1961 
of deputies and employes Harbor and Wharf Department ...... 983 1965 
CREME VALUE LV IVIC TT MEAN EOC TTETIISOL Celeste eva he a se ea ot eee Cace s 984 1968 
Of DETesidenteboarTd reubiicg IMpTOVEMeENts. f.;.0c. Cees ee ae ees. 989 1995 
Ps CLOUT SOOO Tien ede etch ties es fake tetie ce ad cole aftr t's 989 1996 
TVS EA oY yk Ge WP TOT H ETH Yep OUST 7 Sa Ne Laps) gh PP RIO Oa Clan AR RRS retin iy 990 1997 
RELA VCE E eRe E TAS POT PT ae eRe epee ae natal pale a aicha ite ah, eralah ig ee sleek ae 990 1998 
Ore rac wade Vwi oe GOMmiesiOuel 0), /siv am oiere lees saad Meee kts 990 1999 
Gl Pat ee COM niissiOneneaw ie cn sees wie oa ed, Dhara Cote stele ot cl horas aahay ¢ 990 2000 
of Assistant to Sewer and Water Dept., Chief Mechan., Engi- 
GOI aT esha RAT koa LGD Civs viel ov ode tues oie el a Socleln ala ear tee chew. 990 2001 
of employes in Water Commissioner’s office .................. 991 2005 
of distribution system employes in Water Dep’t.............. 991 2006 
oOteemployes,or. Water Meter-andstap dept. ee. eee wet eee 992 2007 
OL, CMploy eS" OLAWAleI IDSHeCLION:, GEpit) oa. Of tte eC ae ele Se. 992 2008 
of employes of water supply and purifying system ............ 992 2009 
of employes of high and low service engines dep’t.............. 993 2010 
of employes in sewer department not elsewhere fixed............ 993 2011 
of employes Harbor “and Wharfi-Depatftment J..i0.....0..66.% 994 2012 
Ob EMI DlOVesm OL EL ALD OlAr DOH Leterme en Ciel alo ire ere nas whee nee B's 994 2014 
Ce CIN DIGY Gn Ole Al GOTT IBS LON CLE ene fen toate oie elas. 5 avec. cgielle’e 994 2015 
OLSKEONers, Of er at he CAN ime Ci LAGOS) vclsideclois, v aisiyl cles bineve edt 995 2016 
OL TROCOTMUGIe OL a CCU ra cme tt MEN ne foe, wee ee Soe wn eck ciples ge wae 1003 2052 
of employes in office of Recorder of Deeds .................... 1004 2055 
same—amendment, Appendix ord. 228838 ...............2 cee 1156 
of abstracter and indexer in Recorder’s office.................. 1004 2057 
Ol, Heziatereand Ole Depiilys Dee tstelieys. le oiaiethese cle sos os ws Ratner Ohare 1006 2065 
OL VCIGOCES FITMIVOR IN COn CROC eed. A das he eldk Give wists a ape ace 1006 2066 
Oly EP Peet ell Gets G0 BASSO RaUL Es Wm uatin rite fags as wit Bale dh dle de alate 1008 2076 
Oly CHIPIIUSDULY A DUA LOULOLIASSESBOIE Cite od Ce eck lalate sik wows Cleve 1008 2077 
GLROISCEIy RAS SER OL SM met ieee PRM a Mer Mins Me la gracts wees clave ea 1008 2078 
of deputies, clerks and draughtsmen of Assessor .............. 1008 2079 
OL MeMpere Ome DUAL Olu LI ZALLOM hed Oe cveie clad olalv ce 6 8a 1012 2100 
of carpenter and builder on Equalization Board ................ 1012 2100 
of members of Board of License Revision .................... 1016 2113 
Ole TOTMiGie Coleen OMiUI sere L weil sik icity o ein fists ola awl v vc cjeteleie es 1017 2116 
of employes of former license commissioner ................4.. 1018 2118 
OL, GIDLOVGr Aa CONserOOHOCEO ey wie 4cls cate, alelnle a 0845s bole ocr ge bowers 1018 2120 
OF INSPECTORS MOIR ELLC CU EALINV AY SE CDOLUS, | cus uivislica's cis 5 shal Oe «um gov a oe 1049 2260 
OF eputisomo eG Ol CO GO Rams eas, Wats fate eis ep ocd iels aude aue sieve ois ace 1056 2295 
COMPECNHSATIONT Ol LHGrOL DEE VOLG SO WOlo ras bile 6s eardew Saws bah wee « 1061 2311 
Of -INSPECTORFOL DONG BRADAIP IC VALOTS Lact isin s Ovi a ale ap onto 6 wrele 1070 233 
OL; CEDUUVEEPy reat eee es ele ee as Oe coe, ceca S08, oer ataed gree b aid dle 1071 2341 
OL CLOT. Ole Bb it Ome Cee rte) a a Ge on Sie hie HK noua eas wis «8 eels 1071 2342 


Ot: HORTOsOU MUe IIOGl sateen wert ete 6) fae ee Mave whats cde es 1071 2343 


1294 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| mde to State Laws for St. Louis, pp. 225-256. 


SALARIES OR COMPENSATION—Continued. PAGE. 
of ‘Commissioner. of Supphesc lee ec ce ee aero eas oe eee ey ean 1075 
of ‘deputy cof’ Gommissionéer.,.0b- pupplicssmn t.ho tee ea ee 1075 
of’ stenographer. of Supply Commissidneric. fi. 2-1 devesna ae tees 1075 
of clerks, book-keepers, ete., Supply Commissioner ............. 1076 
of committee appointed to examine accounts and books of fiscal 

OTAGOLS ees cae Ming RO ale eR CI Ee sonal Sok Ak aL ee 1085 
OF MAUCILOP. oo rs aceleh Veh ne Cpe el aro eee ac te Came Ae eho 7 tay 0, ena 1085 
of first and second Deputy Auditor ....... Ee a eee, OB 1086 
of clerks of Auditor?) Ge cas eet Mee a a eee eee 1086 
of Comptroller, Assistants, Supervisor and Statistician........ 1091 
of: ‘clerks; of.Comptrollers = 227s tee eee el. ee eee 1091 
of Treasurer and officers or employes in his office............ 1095 
of Assessor. and: Collector) of Water” Rates 13.02. a.-07. 6 1095 
of deputy Assessor and Collector of Water Rates............ 1096: 
of otheremployes oF Same yee ak site pues ce carl te gee eine cl See eee 
of additional employes of same by late ord. 28000 ............ 1163 
of employes of Inspector of Weights and Measures.............. 1116 
of -Inspector ol Weights and Measuresin)) ie facc eee ce ere arena 1117 
of Weighers Of Seales 2025 ia ee sca eee tae tte cen ar ea eee aes 1119 
of-Assistamt-“Weighers Of SCalesm.25u soe tien ee eee 1120 


none to Public Recreation Commissioners, ord. 22869, Appendix..+ 1153 
of employes of Public Recreation Commission—See ord. 22869, 
tA DD OTL cis Gheiaie este aid oe eer hk Sree eso asters ear ae ce oe Liss 


SALES— 
at auction—See Auction. 


SALES-STABLE— 
see also Livery Stable. 


not to: be. opened» without cordinance, Veter. wr, sto cn eke ieee Lie: 

Gennition> OLL654 Co ees eee Tele Sate ee earn een eee ed PEAS RTD 1046 

LTIGOENS GS LOT ee eee ate Phe ae bo eet Lace Soe, SES Lan Rina Le ne fe ee 1047 

Same amended, ord: 22598.. S66 APPenagix sg wae opie ee 1161 

certificate from Police Commissioners for license............ 1047 

penalty doins business -witnout license 2. eee bi SAR e-8 Gabe 1047 

when provisions for, do not apply to livery stables ............ 1047 
SALOONS— 

See Dram-Shops. 
SALT— 

standards Dushel.e< Se tee tater ore tale Bi ast) 5 ee ee ie ee fe 1118 
SAND— _. 

letting Janding places onewwhart 1Ore.. .\.4).% ee eee er 650 
SANITARIUM— 

must-be. Drst:;-class *bulldingercs week ee ae Cee eee eee 563 

reculationss LOT; sOTd. P220067 Sin DORIC UX @ cee ae eee ee 1142 
SAUSAGE— 

maybe’ sold‘1mder-meat-shop license eee ek ee ee ee 862 

makers of, not included under meat-shop article ............... 863 
SCALES— 


See Weighing Scales; Weights and Measures. 


SCALPERS— 
See Railroad Ticket Brokers. 


SCARLATINA— 
See Contagious or Infectious Diseases. 


625 
626 
2248 
2251 


2254 
2255 
2256 


1473 


1480 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1295 


Index to Scheme, pp. 279-286. 


{ine to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


SCAVENGER DUMPS— PAGE. SEC. 
POLIO Ole pe cet iote tae nate een thee he Ga alle ata t aig eee By. wy 656 — 405 
BALD OFINLGNG OT be OF wae ole ween oO Fe on ah ee a Pe yin ty ohare ed, bok 657 406 
WACCHM Ol TORE R Nien een ae eo eNO) is tiie. ct diglas raha tt 607 407 
WOAGINAy DS LGM Pedal, = kee aa ete ee ie Ln, Wiel cee ee 657 408 
PaPUlatiOnss os tar DOL aude Vea On) Te TOl sk en adel oe oe soos s { a a 
TEN palate se Ol ONL DI LeU ses fey is Maa oh uN ot lk beeen ee 657 410 
TOMIOV EL Oats Palen geet me Phar Tite! ete tche, Sethe oe deb,: Sebald lng! beeda rotate 657 411 
AUG eet y sehr. ree Gee a cate ete ee oa sha hicioeag, eeeiastoga et Aton, 657 411 
duty of Harbor and Wharf Commissioner as to................. 982 1964 
dump boats, see Harbor and Wharf Com’r. 

SCAVENGERS— 


See Garbage. 
SCHOOL BUILDINGS—See Buildings. 


rege Saas Aa LUPE RSS Gig OR 79 Sea A ie See a RAL ii <r 563 30 
CALPE Me LANG eS NMP L TLR Beer rulehree tial so Fe Che Ree « SAL cake Werte 582 136 
i ORE Tee Wa SORA @ hh pe One oe am eG apes ae» eS eR ley) pei eS dR a 583 138 
CLE ALI OL ACES TAL] amare OF. Ga Pee LG Ay Pate foo mo alee Ge ied dy etal oho ete 587 yal 
Siren Stel LOdrs sCCQUITCU witat ae v-sPste! Aecse Rei en ae Sey be ce 5992 Lis 
DLCs Ola ae LOGI RS, s WELLCTY CLOSGESS CLOW ok teh etese! edie races BA 1062 aote 
LS tome CLOSES TILLED! LO Meee tant, Mechta cree ote WKLIRES Ck a alo Clee acon 1106 2497 
SEAL OF THE CITY— 

MT OciInter. TCU DesAlIIXCOs DY CRESISLCr | 2 scx) Bd cenit deat s haves 1005 2062 
custody with Register; form of, when impression of, not 

BUR E y t ee aege ge ok Pee, Se a le Pr ae Re in oS a 1006 2069 


SECOND ASSISTANT CITY COUNSEL OR—See ord. 23150. 


SECOND ASSOCIATE CITY COUNSELOR— 
See City Counselor. 


SECOND-HAND DEALERS— 


PETISNET Gira ee ORE ea sie tee Ie RMIT Rosh eacal ite a" lls do Velho “ale logos «2 1057 2298 
registry book to be Kept, minute description of dealings........ 1057 2299 
reeistrysbouk Open Tori BSspecuon Dy awWOOMN, 2 t..5 ccs oss eos state ele 1058 2300 
to report to police offers of sale to, by suspicious characters.... 1058 2301 
CANUre LOILe DOV USI SU CINGANO lM mea. Bete atteie ay citar s <a scp aie Cates 1058 2501: 


SECOND-HAND STORES— 
See Junk-Dealers, etc.; Second Hand Dealers. 


SECRET SERVICE— 


DUM CTS WOR G VOs mee tates weet as Bese s,s ety sack Gis ea acide Bal les 868 1504 

EATING hee te ee ae od ee en CE san ke oR sl ahs Linh a TO alaldlendie vt. aie 868 1505 
SEEDS— 

CURT Ee Por hpeGd ae peo da entc tie tang Ue eg ae ee aa | ae a 1118 2549 

SERVICE BOXES— 789 nase 

ary (si ebm let cre liay a Nabe sh iy ie eee) emia lea tk gl ee Aaa ea ae to 8) 

790 1136 


SERVICE PIPES— 
See Water-Connections. 


SEWER COMMISSIONER— 


ALY TOLLL CeCe ee amee ety te erin ate een Gedo aA eRe ed we Sas wis Ce age ole 8.9 868 1509 

930 1798 

permit for sewer and water connections, from ................ 980 1955 

1058 2303 

when Assistant may represent at Board Public Impts.......... 967 1909 

HEAGIOb ase CiplloD PEGG re tie Cites ah eid ois dc 0 ble we waneigrs os 980 1955 

Gua NCATORe ANC OULICaA UEP CUOTHL fist pW idesly wivis dale wishes pie Qdlaqinnys 980 1955 
superintends all sewer matters, connections, etc., and _ public, 

JOLBELOIB COM a eel a eae eS, Clee ab cela dunce % aos wien Bye b 980 1955 


LOL Srant. PELMUssLOl BUOVE MELON ee fe og awl eaves D gets el eace 


1296 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


SEWER COMMISSIONER—Continued. PAGE. 
appoints “Assistant, and-other employes year. ii). cies is ie eee ee 981 
salary ‘and? DON [OLS es2h sie ce uceante ie Rats Sola e oie sana eis 990 
salary and) bond of, Assistant stow. oy wei anes a ace pieke re ener ees 990 
salaries and bonds of employes in department of, not otherwise 

FXeCdt) Ah, Pee SA eG eae Cette eek osha w ole alee eter nee ene 993 
powers and duties in granting sewer permits, (see also Sewers).. 1058 
shallufurnish all “information. nesnasme eee ).). >] cick eee eee 1058 
persons constructing sewers to comply with directions of.... 1060 
to reconstruct work on sewers improperly done, cost recovered, 

Teport:toe } Bar Posdy, Pcs Se eee re lls fe soos ag 1060 
control of city through, over private Sewers .............eseee-- 1061 
may permit privies to be more than eight feet deep.......... 1062 
right. ot: entry into, premises having rvarains vss we 5 2. wists eee ane 1064 
same—may order owner conform to ordinances ................. 1064 


Index to Charter and Notes, pp. 4638-542. 
Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


SEWER CONNECTIONS—See Sewers. 


SEWER DEPARTMENT— 


See Sewer Commissioner; Sewers. 


SEWERS— 
draining water from Trooisinto~ .325 2.5 EE Nis ate he he mata RMT 578 
connection with, required in mercantile and manufacturing build- 

PISS, See is weary ete atta ye hla nero Oe eee a aha ent ts se an oa ee 585 
connection with, required in all buildings, when accessible...... 1063 
connections, regulations sin-general )o sc iis ee ea ee ee ee 1063 
connection with, from dairies and cow-stables ............... 681 


connections with vaults, water-closets, etc. See Vaults, Privies 
and Water-Closets. 


701 
throwin i ing ; | 1064 
Sf Matter into, ‘or creating Nuisance. cae Wee eee ye 
1065 
tenement, boarding houses, etc., to have proper.............. 702 
connections and drains when nuisance—See Nuisance. 
fixing route for sewer, plat to be provided................. fame, 752 
condemnation oly property iOV) ss... cit. | ae ee ee ee ee ee 752 


condemnations for, provisions in common with highways—See 
Streets and Highways. 


connections to be made in advance of street construction...... 757 
connections when allowable to plumbers, etc........... ein ae 927 
builders of, see Drainlaying and Drainiayers. 
connections not allowed plumbers until deposit .............. 929 
connections cannot be made without permit (See below.) 
liability for;breakin2iOlre s eeats ccactyek so ace et pears eee ete weet ee tae 961 
B. P. I. to draft ordinances for all improvements for............ 968 
connections, construction, etc., of all, under charge of Sewer Com: ace 
missioner.;; (Seesalso below.) ice Vie wk a a eee eee tee Eee es 1060 
annual emergency /COntracl Mor Sewers WOrk inn o0. suger 989 
all sewers to observe requirements of Chap. 34................. 1058 
permits: for, required, irome Commissioner Fis). 24g eee ee Nath 
what permit to contain, how obtained, plans to be approved, de- 
POBIT TeGuUITed 2 is se ata ere ee oe cheek carts nhs rae eke ee ee ee ee 1058 
lot owner takes risk of backwater from, trap required.......... 1058 


when plans to be approved for, by Board Pubs impts te fan eee 1058 


SEC. 


1956 
1997 
2001 


2011 
2303 
2303 
2306 
2306 
2307 
2308 
2313 
2315 
2315 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1297 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Indes to State Laws for St. Lowis, pp. 225-256. 


SEWERS—Continued. PAGE. SEC. 
SOst LOL “INSDEOUIONT Olas I NeNeCULOM acialoals sta tidlde alate atawalbctre ¢ 1059 2303 
no permit for connections while special tax bills unpaid........ 1059 2304 
BAING—-G* COTO GVICOD Meir s wens ieee a om race hes aoe) alae Moa’ wha's «se ee 1059 2304 
same—section sustained—See note to sec. 2304................- 1059 
no permit to connect with District or Joint District, during con- 

NEPUCLION, exCenu Under What CONGIMIONS 20. Oe ee eles oc he es 1059 2305 
same—deposit of special fund, when returned................ 1059 2305 
work on, defectively done, city may reconstruct or repair and 

recover cost; drainlayer’s permit cancelled ................ 1060 2306 
work on to be done as commissioner directS...............-202- 1060 2306 
work without permit, is considered defective work.......... 1060 2307 
work without permit, reconstructed, cost recovered by city, un- 

paid assessment shall be part of damage................0.8. 1060 2307 
CBOULEOMOL CILY -OVCl Private SOW ET Sisk ont ca site ate sia eben cas desis» he 1061 2308 
when lot owners having private connections with, deemed 

PeLICrOnersc 10r SEW Ole GIStriGG, CLG cyt aes d'e sis ove Ohet ae elas 1061 2309 
how connection with private sewer with builder’s consent to 

GRC Ca LEC ee ey eR eT ae te Na aha len fafe he AMEE Mile aie Serre tadi< sich ale ote 1061 2310 
femniiiOns Gl DUCED Om Sawere- 1D. CDADLE! 2 oie vie ¥ coer ok espa. soe 1061 2310 
how connection with private sewer without builder’s consent 

CULAR CUAL COTE E EDS taco red ler ipetel crea toads easing o «ta cie ie Winlager dia bora’ ¢ 1061 25.1 
same—fixing of compensation for use of private sewer.......... 1061 2311 
materials and mode of construction; approved by comm’r; con- 

nections with other sewers, regulations, etc................ 1061 Zale 
drains, how constructed, vaults, traps, water closets, sinks, 

buildings where large numbers congregate ................ 1062 2313 
regulations as to connections, pipes, drains, closets, traps, sub- 

SOLITONS OLO een ane eee kh ay ok Lilt. Shite Mak Dard, oid tle elles s 1063 2314 
and drains, right of commissioner to enter premises and compel 

CONLONMMaANnCee Lom OTCIN ANCE Wad tare nte cnt a tie er dha sia ld ete vi casea dicks 1064 2015 
connecting steam or exhaust pipes, or boilers with, etc......... 1064 2316 
_plumbing provisions can only be varied by B. P. I.............. 1064 2aht 
not to be dammed without permit from commissioner ........ 1064 2318 
certain establishments discharging matter that obstructs 

SOW OLSON Ua Hay G&GALGlDaASiiomemer ste. ats y Wa iettceia ttle want etre es 1065 2319 

9 
DET ALE LOMB VLOUAUIN Sei le ee Pest tele cnn ie Loma hoa ieee Gaat uate «in 1065 Fae 
ODStructronsOLremoved«at CGSl OL OWNGH. fe) ane Ctra es eve Gos 1065 Zook 
SEXTONS— 


of cemeteries—See Burials; Cemeteries. 


SHADE TREES— 
See Trees. 


SHEATHING— 
See Buildings. 


SHERIFF— 
TIZNU LOLINS VGC Dan OLOKOLS TCL IStelTe eae hii fy nies Cedi ke. 1040 2213 
right to inspect second-hand dealers’ register.................. 1058 2300 


SHOOTING IN CITY—See Firearms. 
SHOOTING GALLERIES— 


LO51 2270 
HGONSE DLO Van IOUS CONCGIEI Ge aie tice fence tei ole ua ecslalalieatelan ae 2 to to 
1054 2285 
GENNE Gt oie pare tee ee ee Oe Ae Nace Aen tales & Sia a tie owe 1051 2271 
AMOUNCs OLAIGCU EC are mr eas earns oee tee cin ail eis Swi ec avshar ona So win lnves @ 1052 2274 


SHOW— 
See Theatrical Performance; Exhibition. 


SHOW WINDOWS— 
See Buildings. 
may Oxtend Now fale lO SErootan aan kas Cowes te wae Kees mee ce 579 120 


1298 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Charter and Notes, pp. 463-542. 
| Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 
SHUTTERS—See Buildings. 
fire-doorsaAnd ie we ee Vs iw ee Dis Oe earch otet &, Soa eda Te tetera tee 
how to be arranged . 


SIDEWALKS— 
[In so far aS matter applies to other highways as well as side- 
walks, see Streets and Highways, under which the general 
subject is indexed. Matter peculiar to sidewalks is indexed 
here. ] 
repair Of). ON TRE GWOT. ie aie care i herent dard lolootat she kee tat ee 
width of; required and Dow xed 2402 cceety ea s os oto a a ore eee ee 
eross ‘grade of. penalty. [or ViGlali Ones. | os iasscale cay sete ene 
eross-grade ordinance, decision on, See note to sec. 900 
permission by B. P. I. to owner to construct sidewalk.......... 
decision on right of owner to construct—Note to sec. 901 
what material to be constructed of in certain localities.......... 
regulations for repairing of, notice for temporary repairs 
cost of repairing, shall be lien 


© Cle @ © €\e,)e ©. 0 \0 10) 6,0 0. 6 oie #8, 01a 6) 618 6 Ob 6 8 6) 0, Sew lee eye 8 


@ @.\0 © @ @ le @ ¥ 
eee eevee 


eoeceeer ere eee eee eee ee ee eee eee eee 


cost computed and assessed as special tax 


permission \toalay, rebuild -ormTenaire seen. ee ee ees ae eee 

penalty ‘for: constructing’ contrary. to ordinance... 2... ais.) 1s ae 

to be repaired by owner on notice from Street Commissioner. . 

cost‘:of repair of, .speciak taxes 10rse: sae ake een Cet ee 

planting shade trees, where—See Z'rees. 

vaults under—See Vaults. 

excavations in—See Hacavations. 

temporary occupation of by building material, etc.—See Streets 
and Highways; Obstructions. 

temporary while buildings being erected.....................- 

temporary obstruction of, see Obstructions. 

rubbish,:on; ‘from’ burned ouildinesi soy eo 20h ete oteatuer iets 

barbed wire fences near improved—See F'ences. 


regulations for openings, grating, cellar door, etc 


Ce ole 6 « 6.6 01 e 6 e866 


projecting signs over, encumbering with merchandise, obstruct- 
INS OCOD 5. Oe Oi eee dah leas tara ete: sires ip" ane hele Meals erie eee ann) keene 

. throwing fruit; ete) on; forbiddenin.......ass hae tee ee eae 
to be kept clear of filth, snow and ice, by whom 


no advertisements painted on 


oe © © 6 6 © © 'v ‘ee 8 Bee 


erecerereee eee ee eee eee see eee eevee eee 


fires on—See Fire. 
use of, for market stands, see Markets. 


SIGNALS—See Danger Signal. 


SIGNS— 
COSL OF mperMiG LOK we silo e stece diayeae ks oe ee Ee i eae ee ree ee 
TEZUJALIONS | CONGEINING 17 ek anor. eratalere eee eae Me tr are «ia es aac 
bill-board, see Bill-Boards. 
displayed where petroleum, naptha, benzine, gasoline, baled hay, 

/ tarpentine, etc,,, iS Kept... 221 ek ec ae cee ae erences Renee y ee 
projecting over sidewalks, prohibited, exceptions 
posts for, permission from Board Public Impts 


SKELETON BUILDINGS—See Buildings. 
SKIDS— 

See Wharf. 
SKY-LIGHTS—See Buildings; Theatres. 
SLATE— 

See Buildings. 


SLAUGHTER HOUSES— 
to be: whitewashed, how’ often,) penalty 2.3% os. wis Sec aly we ncete ote 
when nuisance, see note to Chap 11, Art. 12 
how to be constructed and drained 


oeerere eee eee eevee 


© 0 © €¢ 6 0 -¢ 'e @ 6 6 6 #9 0 es © 2 0 6 @ 


oeoeere eee ree ee eee eee eee ee eee @ 


PAGE. 
584 
584 


648 
757 
757 
757 
757 
757 
758 
758 
759 
759 
759 
759 
759 
759 
759 


765 
768 


806 


806 
807 
810 
810 
886 


560 
579 


613 
806 
973 


SEG. 
141 
142 


370 
899 
900 


901 


903 
904 
905 
906 
909 
907 
908 
909 
909 


928 
929 


1213 
1214 


1216 
1218 
1234 
1235 
1590 


D4 
121 


233 
1216 
1933 


600 
601 
602 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1299 


Index to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


SLAUGHTER HOUSES—Continued. PAGE. SEC. 
liquid matter from, not to be discharged into pond............. 701 608 
not to be opened or operated without ordinance................ { ie ie 
not to drain into sewer without intervening catch basin.......... 1065 2319 
when sewer obstruction removed at cost of.................... 1065 23211 

Asi ( 2320 

DENA Vir ODSEC CLIT ICO WOL corr ar tee coon Oboe es hes actbeeril a wesle ieee we 1065 1 2327 
SLAUGHTERING— 

See also Dead Animals. 

Disease mati iiais DLOULULLOG wee nies ca ee ok Detects. 859 { ae 

anima ilar kel eDVonLDIled 5 x\.¢aite seta cles tele cn wile ea eum 859 1454 
SLOPS— 

See Garbage; Offal. 

SLUNG-SHOT— ‘ 

Pee WL) eae SCLC TIO ON ne cle gikersta s thcts csi re aie in een) aka we amet 879 1548 

SMALL-POX— 

See Contagious or Infectious Diseases. 
HOSPLtals SaIATICSHOL CTNPLOV eS AL ere «cele co ciele cere ere Ante aerial <taip septal 750 872 

SMOKE— 
decisions as to when nuisance—See note to heading of Chap. 11, 

Art. 12, p. 693; also note to heading of Chap. 18, Art. V, p. 892. 
reference to state law on, note to Chap. 18, Art. V.............. 892 
emission of dense, a public nuisance, misdemeanor.............. 893 1619 
MILOMS TES DOMBILMEE LOL A. am eens cette SION Lt ee ere sca ale sraherk oe Name nies 893 1619 
what defense against smoke-emission permissible............... 893 1619 
AVALEINIGTIEVOCUALLIICIL Eine ttrae sttsiatee Selects Oral qtdla GhelGrake ls oe athe 894 1621 
Smoke-Inspector and deputies, appointment by Mayor.......... 894 1622 
LENUTG, OL, OL NCOLOL LN SDECEOL aN Or LIGDUtICS in a che whe caters ic beta toes 894 1623 
Mayorreto LUrTnish  certincates, CO MINSPeCLOLS. voc cel. 6 Wie hee cele arctaeneig 894 1624 
record of appointments and removals of inspectors............. 894 1624 
Salaries: Of sl NSPCECLOT MU GT CE DUTIES Nolet are tictorel stalyntolelewie gy ss Mees 894 1625 
NOUTE? OF LIMSNCCLOR A LeMOVal ci etwas ee Chae chain le chee har 2 oe tiv nei art ais 894 1626 
Chief Inspector controls department, subject to Mayor’s super- 

VIBLOVS eer V ens hitter tele atata Ra ahead a hstey els tus alphalatadalvtgne ol etctelarerd onaeraee 894 1627 
TEDOTUSS DLE COIGD + LAS DOCLOD mare ree tete ercie one sce eee hn oadte Voeua are ghey 894 1627 
powers and duties of chief and deputy-inspectors, inspections of 

DIGHILEGS.o TA DOLUS ae eee ue Cetaie Uc aii fe wheheia aeeiahe ola HG ne es 894 1628 
TOL CH PCOMAES Binedll Pata CeLHOIL ED Olea SO tome oat G cries tire oo ateie Wak yet d 895 1629 
GUICERGE TONCE LORTODOLE Mmacuceonnatie: Wer ietataie) Gein le fwd elanslal en ates Gratevace-5 895 1630 
inspectors, interference with misdemeanor..................... 895 1631 
regulations against, by railroads on Poplar street............... 948 1859 

SMOKE-ABATEMENT DEPARTMENT— 

See Smoke. 
SMOKE INSPECTOR— 
See Smoke. 

SMOKE-STACKS—See Pipes; Buildings; Smoke. 

Hei Sn VOCwuireian areca ete cists Mere, accis bier chides olalsta lara delete’ Gtave 589 158 
TIZDL OLL SW Pesta LOMTAIS@ Ts ta ila. Gees Ae sd ad aces 589 159 
when nuisance—See note to heading of Chap. 11, Art. 12....... 694 


SNODGRASS LABORATORY OF PATHOLOGY AND BACTERI- 
OLOGY— 
created, equipment, etc.—See ordinance 22561 in appendix to 
HOw COMES ra bs WA ere te atta ec teciet ey Mul eel disie bola oer SH dhe 1141 


1300 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


SNOW— PAGE. SEC. 
sidewalks to -be kept ‘free: of, Dy“ whom nae i os bars oo cieieds ae ee 810 1234 
decisions ‘on same, Seé:note to sec) 1234i0 oe. as se we ee eet ens 810 
street car companies to keep their crossings and approaches for 

passengers free: Obs crk. Cae ce ew Seon cle iw ieee tee see Stele at 962 1890 

SOAP-FACTORY— 


See Factory. 


SOCIAL EVIL HOSPITAL AND HOUSE OF INDUSTRY— 
name changed ito*Memale Hospital. ee eerie tc). 6 oer eete 125 734 
provisions concerning, see Female Hospital. 


SOULARD AND SOUTH MARKETS—See Markets. 


SPEAKER OF THE HOUSE— 
See House of Delegates. 


SPECIAL LEGAL COUNSEL— 
when and how employed—See City Counselor. 


SPECIAL TAX, AND SPECIAL TAXATION— 


See Lien. 
lien on property causing expense violating building ordinances.. 611 219 
; ; . pil 655 
expense abating nuisances? On" Property: cts ciee te oe cree eee shin ee { 712 656 
same—how apportioned against lots having nuisance........... 712 658 
same—apportionment pond nuisance, abated by drainage........ 712 659 
same—where abated by filling oo. wakes sere wes wees bien 712 660 
same—where pond both drained and filled..................... 712 661 
bills for, how made out, see Special Tax Bills. 
how contracts contemplating, abating nuisances, issued......... rp: 669 
cemeteries not exempted from—See note to sec. 847............. 746 
benefits in street opening or condemnations—See Streets and 
Highways. ; 
for repairing side-walks—See Sidewalks. 
for repairing alleys—See Alleys. 
for expense of removal of obstructions from streets, etc......... 769 937 
for’ street... sprinkling 6. co eee ae ere is clas ne Re a ce 172 1080 
form of, bill for sprinkling, see Special Tax Bills. 
before letting work to be paid for by, deposit required, restora- 
tion *surface;>, Cte P5sticetasls Bere aiete ms eke ee nal Scie cite eee 988 1991 
sec; 1991 “held: valid,’ see 2notestoesee 1991s sta eee eee 988 
deposit for special tax work, when additional necessary......... 988 1992 
same—conditions of return of special tax work deposit.......... 989 1993 
redemption from city of property sold under special tax sain | 3001 vet 
or’ under liens Thereols 4..4i abies Coe Roe ee teens ee 1089 2497 
notice by Comptroller of special tax claim in city, etc........... 1091 2434 
SPECIAL TAX BILLS— 
for abatine<nuisance: how made Out... ease eee eee ee ce FRB 667 
form: of; 4forwsprinkline ctw vale ho ee ee eee eee ee eee 172 1080 
President pro tem. of Board Pub. Imp’ts cannot authenticate.... 967 1908 
President Board Public Improvements to make out all.......... 913 193% 
while unpaid, no permit to connect with Ssewers...............-. 1059 2304 
deposited, in Comptroller's .ornce cou ean reve ctere anit erences 1089 2427 
redeemed, when Mayor and Comptroller may execute quit-claim 
deed: toe propertyn shan tne ckakhas «chara eaeiee sheen 1090 2427 
SPECIFICATIONS—See Plans and Specifications. 
SPIRES— 
on buidings—See Buildings. 
SPITTING— 


in. publi¢ placés,. etc., «misdemeanor ini.).2s-1. 15 este eee ee 886 1586 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1301 


Index to Scheme, pp. 279-286. 


fines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


SPOUTS— 
See Pipes. 


SPRINKLING— 
See Street Sprinkling. 
STABLES—See Livery Stables. 


STAIRWAYS—See peuildings. 
insmoercantiles and) maniracturing  DULIGINGS,: «. eek. fe. se eee we wm 581 135 
in theatres—See Theatres. 


STALLS AND STANDS—See Markets; Fruwit,. etc. 
STAND-PIPES—See Buildings; Theatres; Water-Connections. 


STATIONARY AWNINGS— 
See Awnings. 


STEAMBOATS— 
See Boats. 


STEAM-BOILERS AND ELEVATORS— 
See Boilers; Boilers and Elevators. 


STEAM RAILROADS— 
when nuisance in street—See note to heading of Chapter 11 Art. 


PAGE, SEC, 


4 


dis Asis GAR TEC Wate Ae A ale Rat ee One! neeE A Ae Aetna ae ee Ne 695 
not to bring to city persons with contagious or epidemic dis- 

AUS We LOL Wate Nalat retmo Geen Sauteed ee Se. ear oie SoPeto de ie 821 

j : : ay 741 822 

corpses of persons dying from certain diseases not to be brought 

RICO CULV ERR eare geen torn eed cet Mare es FB ky ate) wT okey iBone hd 744 840 
penalty for importing into city paupers or poor insane........ 750 869 
soliciting passengers, etc., at depots of—See Railroad Depots. 
sale of articles at depots of—See Fruit; Vegetables: Misde- 

meanors. 
regulations at depots of—See Railroad Depots. 
emission of smoke from engines of f 893 1620 


; Mcrae CUNGRU NS Carn PUR ai alle i 1 948 1859 
difference of authority of city to regulate, and street railways— 


PCCILOCe COr Teac tps Gita Gsaca NOL Vit eed cla e tee glare ole? 946 
PALESA AGNeLOSMIN eS WENUITEd, BWale HINA: vont doses o hvekrce eC eee 946 1852 
Palestandewerclimenseser NOE LOvseG. LSb ae hol see ore 946 
penalty se Violation SADAveOrliNancegnr ae, tae. ste te als Nels ec ys 946 1853 
POMCENTOREDIOrCOM Orca An GGn cacao mad erro bleh cane ok 947 1854 
Gennitionse OLwterry SiNeclse min aArtiClOs hc, vis wk .we co ee. Oa 947 1855 
LITMICH CLOT St OLeRSDEEU wel er tee tee sete indi, dic Wee olen lak 947 1856 


decisions on right of city to regulate speed of, see note to sec. 1856 947 
violation of speed ordinance is negligence per se, see note to sec. 


ABDI Meta ceeee kee eee eta ite ee oi ak ate eee a ete te 4g hat 947 
cars not to obstruct streets; bell to be rung; danger signals, cars 

how manned, whistlesswhen blown, ete... ek eo ees 948 1857 
decisions as to damage suits for failure to observe the require- 

mente? Of Ordinance, see- note to seen IBbT. eck es ace bas cee 948 
Penaltys (oOrpwatsobeyiie TOsulalrOnseys oem oie eh aye whee ole e Clog ee 948 1858 
engines’ Ons Poplar street track LO* Use. COKE, = afawts Moca eet es be 948 1859 
on Poplar street shall not obstruct over two minutes............ 948 1860 
decisions as to Poplar street track, see note to sec. 1860........ 948 
PenAallyy OVSCCUCUIIS RODS RA BLLEO. sey wy als ccke as Fives Biecigid vetetdy Sale « 949 1862 
climbing on eneincer euLipiemica uy Ole ss ayn. wh nie a bv Gare Nas gis 949 1862 
regulation where street-railway tracks CroSS................... 953 1866 
locomotive: fore uses OL CLE WaAtGI-WOTKSil a A ek eee ec ae VOOM e es 982 1962 


STOCK (LIVE)— é 
See Horses; Cattle; Animals. 


STOCK AND BOND BROKER— 
when must have license as auctioneer—See Auctioneer. 
when must have license in general—See Brokers. 


1302 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


STOCK-YARDS— PAGE. 
proprietor» of,’ defineds soc. es ee ae cay ace eee 1046 
license: \fOr;.. ‘AMOUNTS ae Sy eo ahs Geen Veen 7a eee ee Oe 1046 
license for, when payable and duration, ord. 22599, see app...... 1161 
license. before doing) business<sJ2 tee ee Sas ee ee ae ee 1047 
penaltydoing business -without. veut eel eee ee 1047 
decision upholding ordinances on, see note to heading of Art. 17 

Of CHa! SL cok Pee Sake ntacceed te lotaan oR pee tala Set ae ER ee ee 1046 


STOLEN PROPERTY— 
See Misdemeanor. 


STONE, ETC.— 
See Buildings; Wharf. 
throwing,’ “misdemeanor |. Seay ek ee Ce ie ke oe nee 891 
STONE-QUARRIES— 
not. to be openedswithoutvordinance® eteare... 1. ance vet Tee eae { pe 
decisions’ on) see! NOte: tor SeCr oso, win aerate de cleo ain i ee ea 704 
blasting near highways, precautions necessary.................- 882 
excavations ‘for, how to be ‘protected i2-.e. <b. acy neers oe poe ete 882 
STORES— 
See Buildings; Junk-Shops. 
Vaults. ADds PLEVISsS WIM ion Si sengtale peers ee ead elena ire een crea ee ore 690 
when keepers of, may use hydrants in neighborhood............ 1101 
Water” TALES. S11 y's SB Woot i ees Hee Rice: ce ete amen eRatD Tag Toned cts a na ote autntmen® 1103 
STOP-COCKS AND BOXES— 
See Water-Connections; Gas Connections. 
STOVE— 
WOW. SOC ES caculcae ities go ose o tee yee cok aa eae yee er gee cL a Rs Ie ee 587 
STRAW—See Hay. 
STREET-CARS— 
See Street Railway Cars. 
STREET COMMISSIONER— 
and (drinking *TOUNCAIIS Hor co exchundeers week a aiete choise ence Ont See eee eer { on 
to grant: permit Lor excavation sons wHuart occ. ieee eee ee 648 
to furnish plats orCity Counselors’. Soe we «oe eee ah ide ee { Heh 


functions, powers and duties with respect to construction of 
streets and highways, see sections under Streets and High- 


Ways. 
powers in case of obstructions—See Obstructions. 
to appoint employes in street sprinkling division................ Cha 
authority and powers as to street sprinkling, see Street Sprink- 

ling. 
to establish numbers of houses, etc.—See Houses. 
subordinates in garbage division appointed by.................. 1 an 
to require excavations and holes to be fenced................... 811 
to. fence excayations.er-_noles in Dbighways.c 7c. merce veleseiciee en 811 
to require proper placing of water and gas stop-cocks........... 812 
control over City Forester, etc.—See City Forester. , 
appoints what employes in City Forestry division.............. 813 
appointed D¥ Mayor extent nlscht ciocll 5 cloteite MRUte aicla te eu Eee He eee renee 868 
permit for sewer and; Watersconnechionscs 2.x. 4 een aay ee on 930 
fixes grade; fOr Street TAlliway cow tenis sibel e sete ces sree ae ae ee ae 959 
directs reconstruction sor Street car LracksSie sem se ae ae ee eee 960 
directs ‘material’ of*repair. of street-car tracks.u. «.-olosen ee 960 
when Assistant Street Commissioner may act on Board Public 

1G 06) 0M Fea Rp An ty SR iyi tI iran eine Nia a aah Nie Reid TS ST 967 


supervises lighting and cleaning of public lamps, see Lighting of 
Streets, Public Places. 


enumeration (of general Cuties 3 s.e deen ce le vise ea ele ne ee er een 975 


1614 


625 
626 


1563 
1563 


571 
2477 
2487 


151 


271 
272 
369 
877 
1945 


1076 


1205. 
1207 
1239 
1240 
1244 


1253 
1509 
1798 
1879 
1881 
1882 


1909 


1945 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1303 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225- 256, 


STREET COMMISSIONER—Continued. PAGE. SEC, 


to enforce ordinances on streets, and street railways........... 975 1945 
to keep streets, etc., in: good. condition: 6)... 0.6. i ced ances 976 1945 
to supervise numbering of houses—See Houses. 
appoints what subordinates and employes...................06- 976 1946 
employes in department of, salaries, bonds, duties.............. 976 1946 
additional employes in department of Street Commissioner, and ti ne 
SAI ATIOS ar tetany sea aN city oe eee Ce eer a, de ar tects Ee ede en Fans 
f 976 1946 
conveyances to certain employes, horse and buggy.............. 979 1952 
. ( 980 1953 
Nin Va renee olices £Ols AU DeTrinlengents s..¢ cat aq 1s Folded a wy sie eel elds 980 1954 
LEY gee 109 Nata aa | Kel eka Se pet Le! fle! A Ae A ie le en a 989 1996 
on second conviction in police court of weigher, to remove scales 1127 2583 
STREET DEPARTMENT— 
street sprinkling division of—See Street Sprinkling. 
garbage removal of by—See Garbage. 
subordinates in garbage division of—See Garbage. 
City Forester division of—See City Forester. 
Street Commissioner at head of—See Street Commissioner. 
subordinates and employes of, see Street Commissioner. 
CLVIRL OMe Obe ClL ye tltOs, TOMI CISLELOLS : trae eects sia cite reehtie a Adlets ote 978 1947 
STREET-RAILWAY CARS— 
See also Street Railways. 
how may pass over hose of fire-department.................4.4. 628 297 
NESe Ape tacos ane eis Ol WAS OV Obie), ciel cit, « tials uos ea ah elas case: 6 { aa see 
: ( 882 1561 
Viz Of aways eDetween VelniGles (ANd. lace a wemie dS ees } he ae 
L 962 1888 
PISO OLuva vee (DeLWEel: Ga tng spin Uaioe ps ame alee adn Weta ne danke 953 1866 
SOLCCLT 7 it) oe PERC OLE CELILOM soca Sopa ye rh anate tes tetera ah tte al he aire coke, Peagh eae. 886 1586 
persons in charge of, to post anti-spitting ordinance in........ 886 1589 
minors forbidden to get on, while in motion. [Sec. repealed.].. 892 1617 
TUES Fer AOU se ADA DTOWISIONS sfOrsPUnaine ee Oh ee eas on 950 1864 
power of city to regulate—See note to sec. 1864................ 951 
ordinances concerning, when binding without acceptance by com- 
panles—_ See NoOlestO SOCe LSGG yen Cais ce mes ek a eed ec alee’ 951 
when violation of ordinance is negligence per se and creates cause 
OFAC ON ee TGLenLOLBeCerLoOeed © pavtae Sickie ee Peakee he lek o sus ees 951 
how far company’s rules valid; See note to secs. 1864 and 1870.. 951, 957 
decisions on vigilant watch ordinance, See note sec. 1864........ 952 
introducing ordinance in evidence, See same note.............. 951 
ry eteteyon eget Pe 7 te) ee eM re oe PTs Ok OE, Ri a ea ee rk oa Ce nae 952 1865 
effect of speed regulation ordinance, right of city to enact 
Bale. SelOme DCS SLLOLOe, LOMSECl LO Oia ee as ie.c/b.e oa dae He te vise aoe 952 
regulations where tracks of, cross steam railroad TPaCKS.. pes; 953 1866 
TIMES CSCO Ue PO STOR IA LIOT Sie tos yi BR al even el hehe cram nds oben eo 953 1867 
references and decisions as to power of city to fix time schedules 
TOT CREO UE COR DEC EO 1 ah totats Ne a cic ares Oe faleits ete wists e's.» Ible ese wien 955 
violation of speed or time schedules or other regulations........ 955 1868 
Gach : CAPMLOwUeerUum OVELRCMLITe = LTOULG! sire cc cles cles Sia ecn Gelse tune's 956 1869 
construction of section, See note to sec. 1869.................. 956 
passengers not required to change cars, exceptions............ 956 1869 
HOW \WOULCa> Ol titew eer Cl ate ees watts a oe tate a cis ola acs sO elecerc Rane bes 956 1869 
regulations receiving and discharging passengers, stopping of 
CATE, OU re an td Ee ha a ahah ar ew soul iit wis il a ele cl Web wre bobble a whats 956 1870 
slow down at crossings, ringing gong—red light................ 957 1870 
penalty” LOPMVIOIAU eA MOGLLOU me OF tiv ees clei we eles « cleteceaceine pe 1871 
printed copy to be posted in cars of sec. 1870................2.. 957 1872 


Tenders ON? Aa aa rele toa tie bas Sie ote wc bie ae oN ea bee 95 7 1873 


1304 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
{index to State Laws for St. Lowis, pp. 225-256. 


STREET RAILWAY CARS—Continued. PAGE, SEC. 
fenders, revocation of certificate, new fenders................ 958 1874 
use of broken or ineffective, misdemeanor,, .....'........--05--- 958 1874 
operating, without fenders; penalty the... ci tert ee eee ore 958 1875 
getting on tenders; Torbiddeny yan. cee ale as ee eee eee 958 1876 
brakes,. approval, penalty “failure to sprovidel... fo... 5s ee eee 959 1877 
brakes, revoking approval, new brakes, penalty................ 959 1878 


rails, gauge, tracks, etc., see Street Railways. 
decisions as to imposition of license-taxes on, See note to head- 


inetof Art: 18*ol. GHAD MRLs ek. eeecte mek tee cures ah es een ee er 1047 
all companies, firms, etc., operating, to pay license.......... 1048 PAPA 
license''tax on.each car, tax: how, computed. 8 wens ee 1048 2258 
equipment of cars to enable determination of license-tax...... 1048 2259 
investigation of correctness of report, by whom and how...... 1049 2260 
failure to report passengers on, or interfering with inspection 

of. report’ or registers -. 1. .nuken een ee ei ee eee 1049 2261 
License Collector to notify companies to pay license on...... 1049 2262 
failure to pay license-tax on, misdemeanor....................:- 1049 2262 
failure to pay license-tax, revocation of license................. 1049 2263 
article not affecting special ordinances concerning ............ 1050 2264 


STREET RAILWAYS—See Street-Railway Cars. 
when nuisance in streets—See note to heading nuisance in Chap. 


1) A ae are tate ee ee PRR tag Pe. Choral ya 693 
stations, ‘spitting, Anisdemeanors ac, wc we eee ee ee ee 886 1586 
references to laws concerning—See note to heading of Chap. 

23, BATE. Ge bois 56 cates eke ake oe ie Pe poeta ete ies ae 949 
application OL -articlesOn ats ee cele ala Ait ie oe ee 949 1863 
decisions ‘on what are, See note-to sec: 18635 (i.e. eee eae 949 


all provisions concerning cars of, see Street Railway Cars. 
decisions as to power and control of city over, See note to sec. 


ESOS fs ecahaka ecco eli oie a tetany Okt tye at ata hae SPOOR pe nee anne Oe ce 951 
decisions concerning, see Street-Railway Cars. / 
violating speed or time schedule or other regulations.......... 955 1868 
promulgation of unlawful schedules, who liable .............. 955 1868 
how’ routes’ of; may ober changed) i: se ten eee eee 956 1869 
rules for operating cars, etc., see Street-Railway Cars. 
rails, guaze,<width, shape, regulations; etc. finned ee 959 1879 
tracks’ Of; construction ,and: reconstructlonig. 5 oats ce eine oe ne 960 1881 
failure as) to «construction, npenalty.... veteran ee eee 960 1881 ; 
keeping space between rails and tracks in repair.......:...... 960 1882 
penalty «for Tallurer tamrepalric ss <.c's.s eu laareua ints er eee ere eee 961 1882 
violation iof:jarticle ono misdemeanor; eet ee eee eee 961 1883 
liability of, and exemption of city, for damages................ 961 1884 
to make periodical reports, contents, penalty for failure........ 962 1889 
approaches, termini, crossings, etc., to be kept clean and free 

from SNOW; MCe ediri yee 46 er eee eee eee ee 962 1890 
penalty: for ‘ fallure StomeEbove © fgiacd vn eaters tyne Sane eee ee 962 1890 

: beds i 962 1891 
may use improved motive power, When 47.22 74e eee { 963 1892 
may ,notiinerease. Tari tas ish isi. + sists comb ee mee eel ee 963 1893 
decisions as to power of city to regulate fares, See note to sec. 

AR 3 Siegen Ura eeieal-ag kers line ovr ein Gr Pe A RIE Bey ee 963 
not to carry freight, nor run dummies, or engines, etc........ 963 1893 
when tracks may be used by other companies................. 963 1894 
procedure to determine compensation for use of road by an- 

OTNEP TOA ie se des ae mies aiietehs Fea a kt cao ee re 963 1895 

. Same—commissioners, proceedings, report, compensation, etc.... 964 1896 
same—procedure on report, bond, indemnity.................. 964 1897 
same—appeal “Irom “decision a2) byaet oe foci cic a @ ores nate, eee ores 965 1898 
same—limitation of use of track by new company.............. 965 1899 
surrender, of franchise of, how and “when e \. 40 ee 965 1900 
forfeiture for non-user, See note to sec. 1900................... 965 


to sprinkle space between tracks, when, etc................... 965 1991 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1805 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
{Inaes to State Laws for St. Louis, pp. 225-256. 


STREET RAILWAYS—Continued. PAGE, SEC, 
Same—device for sprinkling approved B. P. I.i.......escecsccs 966 1902 
same—penalty for failure to Sprinkle’ vo... ok aves vce cs nas 966 1903 
Street Commissioner to enforce ordinances respecting.......... 975 1945 


license on, see Street-Railway Cars. 
decisions as to power of city to impose license-taxes on, See 


HOLA, NERC NS Ole Alea a nOLnCNah. os ss. ey oe bee cee le aie 1047 
how to equip cars to enable license tax ascertained............ 1048 2259 
EO AUR REELPDOLL DEBS SUS OL Oaks civa. y feria ae ie eine ott Sig Seaielte biel a eeet wcll 1048 2259 
when report to be made, and what to contain ................. 1048 2259 
Comptroller or deputies may investigate correctness of re- 

SMYRNA Ae le a Perera haed phe vats hal crib vain sol ac ta's ale Wee i ide 1049 2260 
CUMS Mal Ole OMIA DCCLOLS nam ecidiccr ein Mice Gta tyes nue: act wiecel dele ota # xe 1049 2260 
failure to report, or interfering with inspectors................ 1049 2261 
Tote DA vetICONSG tax IlisgemGanor..%. wo. ele © ox awiie e wales aoene 1049 2262 
failure to pay license-tax, revocation of license.................. 1049 2263 
article on license-tax not exempting, from burdens’ of special 

Oe ete rete ee TOGMOLILOU J hens tial a ciel to ees sce. comes 6 1050 2264 


STREET SPRINKLING— 


COnLTACT-1eL- formbpy Board, Public, Improvements : ii. cic. oe save es 770 941 
PHOTPGT HO CR LOM OLE TANI TLU ALT vid chy oh ico. y hig n oho es otigteiels chars, tisue do oie 112 1077 
942 
MIGtTiclon LOL mailiewhatr aNCliided fon atu.c we atts chit dante sh one + potions 770 | to 
. 1071 
FOLLLOUEEEOL COULEACLSELOI LOW TACO ns eset ea tia Oa ore w sain le Senn ie bce 770 1072 
WerLeL ELGG, COUCOMEPACLOL oe curate ons suet vie er Wah naee: poor, iat ae? (erat 1072 
GONEPaACLOLS mrUP nO alae emlO al Pru FU St oe thst eso cles, walt ihe nth Le 1072 
POULPOCLOLES LON Oalliacer Crile. DIES variates ole hes, oo hide + suatelane ohess ik 1072 
damage to fire-plug, decisions on—note to sec. 1072............ 771 
FEV ALlonse Dy Loar. UULLCR LIN PrOVEIOCTIUS S oe ccs ce cca ao care ie cece s riya) 1072 
specifications for contracts for, before advertising.............. 771 1073 
bidseMay, VGsrelected, TeAGVETTISCMEN te 025 giv enews oe be Aave cas ff 1074 
Street Commissioner regulate work in, and quantity of water 
UES CO ieee er mks. che oP aes tee Wels aa ng Gt wiGi ecstasy. eae pacers 771 1075 
SLrest ew Onlmiscionenei tee COALS Ol oe ais cutee evar suk we. boeteie ee 975 1945 
PTO aT AUG Tee Let eee cae tee tee ee cottons: o Rec rorigy Oe ee ae he. er ary “oo oe riage 1075 
department, employes in, how appointed, salaries, tenure, etc.... ik 1076 
SMI ployed: LULDIshe Ow il COR VOVATICOS ech ila eu: | duels slstave eye lend aya» 172 1076 
HUME eLUee LOPE DONUs tO Ue. SLV GD fos ee Bee a ine ene beats fig 1077 
COMMISSLONEL Niay ewltodrayw Sscrecte. LOM feu. Geka Siteete cela ods ‘Lila 1078 
commissioner may withdraw fire-plug from use................ 772 1079 
COSLEOM NOM Dalle SOM AD DOLULONGO Waa ts foe ek cle las hola ae ee es Tie 1080 
POPTOSOULS EC Ale ace ELE LUM pra ee re serena bdr eaters cents SoS Sieee we T72 1080 
special tax for—See Special Taz. 
CONLTAGt, GOSteLOn Dep paldsecontractOnm MONLY. i. 5.ce net sree des ee 775 1081 
temporary clerks for, employed by Comptroller, City Counselor 
faye Ab imei eh a my De ete ges Ae Sui ete Ane Pir hae nL cape gel Pe ek Ce arr fads’ 1082 
to clean market-places, etc., by Market-Master.................. 856 1437 
CSL Sa CO eae a lh ne cee Sea ea ep ee sare alas! ed atliviica g tclay s Wid 6 ney 1810 
BY SStreci-ratlwavompoclwecieAllaGke rs. ec seca cfm ens oh peewee. 965 1901 
SAMC—WiteeleviCl— AN DLOVAICOL feeb, wal baiais civ.cvenrwsaelsiu's a cisce ssa 966 1902 
SAIN Gee LOU MR LEIIUIT OMe Sate er G ein orcs re cla viele’ pois .a.d:e 0 2 ocsed.¢ 966 1903 


STREET SPRINKLING DEPARTMENT— 
See Street Sprinkling. 


STREETS AND HIGHWAYS— 

[Under this heading is indexed all matter applicable generally to 
all highways, of whatever kind, whether streets, sidewalks, 
alleys, boulevards, bridges, etc. But matter peculiar to cer- 
tain kinds of highways and not equally applicable to all high- 
ways is treated of under specific heads, such as Alleys, Boule- 
vards, Mississippi River, Wharf, Sidewalks, etc.] 

no fires: ones apna ine ea ve ea ee ees 6 Calera od ke o's Woche a ae gt oD 611 223 


1306 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


dex to Charter and Notes, pp. 463-542. 


In 
| Index to Scheme, pp. 279-286. 
In 


dex to State Laws for St. Louis, pp. 225-256. 


STREETS AND HIGHWAYS—Continued. 


purning: matter on; “prohibited ss tne. a ee ee eee ee ee ee 


carrying: Durnin’ coallor Drano son were ete ec eee eee 
obstructions in—See Obstructions; Nuisance. 
POTLAS YUN wes ih oS Sox, Bottke abel Gaeeade, eatin cae oe Toner ewan a CUR Geo ke Loh a 
blocking or withdrawal of, by Health Commissioner in case of 
CONTALIOUS ; CISEASES :. Get ase AO eee ates A ete ar ee 
temporary closing of, by Street Commissioner and Mayor........ 
decision on temporary closing of street—See note to sec. 914.... 
shade trees, where planted—See Trees. 
excavations or holes in—See Eacavations; Danger-Signal. 
temporary occupation of, while building, how regulated, and what 
PEQUITE Tees SOs cats ie ee et ie aye ee ee ee 
temporary occupation for building purposes, etc., permit, special 
fund, authority of Street Commissioner, etc................ 
building’’Mmaterial Oni et ae ioe Sie sake oe ieee eet ea eee eee 
how much of, by temporary occupation permit................ 
temporary occupation for building, temporary sidewalks, danger- 
signals, withdrawal of special fund, ete.................... 


condition .ol, to; be reported “pve DOliGe. oe tia eee, rae ete ee cree 


to be cleaned by Street Commissioner,—expense.............. 

sprinkling of—See Street Sprinkling. 

numbering of houses on—See Houses. 

stationary awnings on—See Awnings. 

electric wires, tubes, conduits, cables, etc., on—See ZHlectric 
Wires, Tubes, Conduits, Cables. 


to be restored after erection of poles for electric wire, ete 


eee eee 


lighting of—See Lighting of Streets, Public Places and Buildings. 

poles in—See Telegraph and Telephone Poles. 

removal of garbage from—See Garbage. 

holes or dangerous places near to be filled or fenced—See Exca- 
vations. 

trees on—See Trees; City Forester. 

meaning of term “street” in steam railway article.............. 

obligations of street railways respecting—See Street Railways. 

vaults under—See Vaults. 

to be kept in condition by Street Commissioner 

city divided into four districts 


ew ele (e a) ee +s Ss 0 8 


Oke: 0 (@ 0 Ne" we 0 ore pb ie le, e401 6 (wate. a lel e 6) ie; Oke 1g ee 


S40, (0187 (0 Te. ene ra ee One) @felle 


condemnation proceedings for, notice of district to be bene- 
fited or damaged, notice of hearing, hearing, exceptions. 
decisions and references, see notes to secs. 878-880......... 
Comptroller’s vouchers for damages, receipts for benefit 
judgments, etc. 


STF (6 BS B 0 O18 Hye) @ 18) Ce Oe 6 EC © O16 Om w Sle 6 * 6 8 vs 8 «le ie = © 


execution sale for benefits, City Counselor protect city...... 
decisions as to execution for benefits, see note to sec. 880... 
satisfaction of judgment for benefits 
compensation of commissiOners cn. ese eee ee eee eee ee 
clerical work done by whom, in City Counselor’s office 
buildings, etc., on condemned property, how sold........... 
City Counselor to bring and prosecute actions for.......... 
Commissioners to meet in City Counselor’s office, adjourn- 

TOONS oie 0G Tena Rede oi tet CUR Rec Vere acetate) Oibet Aan nk er at gos an ie 
duties of Clerk in City Counselor’s office respecting—See 

ordinance: .22088:7 in na ppendix:.< esi. cern bee ee eee 


eeoeeereer ee ee ee eee eee eee 


787 
800 


1123 
1182 


1855 


1945 
1947 


876 
877 


878 


879 
880 
880 


881 
882 
883 
931 
1368 


1375 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1307 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


STREETS AND HIGHWAYS—Continued. PAGE. SEC. 
Board of Public Improvements to prepare ordinances for.... 968 1913 
Street Commissioner has charge of, etc...........5.....068. 975 1945 


dedication of. 
plans of highways, subdivisions, etc., to be submitted and 


SUMO WOU paste tem bee als oocmr  N ere upee Me) ar ee la, bay 969 Lore 

Wile DL ae COIL TL te lee erin tems eo ek Ls UT A fe ad 969 1917 
Construction, Reconstruction, Improving, Repairing, and Main- 

tenance. 

INS COArzGr Ol > Lreele COMMISS! ON GI cicic cities ic bu 6 che ehe oa ered ok ae 975 1945 . 
TAVerAMLOGALe wate ONOn COTE ACUI ce fg tk sewer gee “belie: slncta lates, Sake 754 884 
bill submitted by Board Pub. Imp. to assembly............. { ie ce 
advertisement for proposals by Board Pub. Imp. after passage 

ORCOTUINAN COM ae eee etre eeAGse garters v site ake ole ele cone 754 885 
AUVELseIen taALOmCONLAlTR WHALE AG dice cali kicks oUt aio occ ad ae iD 886 
awarding of contract. tobe on:usual terms. ie odes gael dave. 155 887 
NO Weal Oca te DlUn RaCOIrLAined.. 4% hy bite. eth elas wee tata! sande weal 755 888 
Whol iuatnicnance sO Dll ealion ;DeSiNSs a view site: ci yc herd io 889 
NOWAMCORCIACLSDriGonpaldmen < is woatite nu tee ve gle Nur ae hates 755 889 
POR ATC em OW Piha OL ai cag bar dig Wel ap eele eT ek Clea Onan geo alle 755 890 
DBLreeumopunissroner, Girects repairs, Colds keene so 755 890 
reconstruction by contractor for inferior work, when and how 

OUIOLEUM Bae ee ee a Ee wake oe a wf Sk OW aiwchia ache Bieth ahe nied cterehe 755 891 
effect of clause to “maintain in repair for five years,” see 

TOU ALORS CO Wits Ort yer fy dsc att bow Naps CO IE CORA GR set irate tnd ge! too 
failure to reconstruct, cancellation contract, etc............. 756 892 
failure, reconstruction cost recovered from contractor...... 756 892 
repairs resulting from disturbance of paving............... 756 893 
same—cost how ascertained in case disturbance............ 756 894 
Contractor Das Tigit tO inake, repairs. WHEN card. ss bts see 756 895 
CONTAC LE: CO, CONLALIN? AUONG WILOVISLONS shor o secieehcks arene oko ei bh ests 756 896 
DONE TOMA AINILeN BECO TCOUIT GI as tiie, hale ate S oh btw aradac eee an cidecs 756 897 
gas, sewer and water connections to be made in advance, un- 

TESS DEE CLC aera cneitya a mtee shel negra eee Gedtalaos ie rete veers 157 898 
width, material, and cross-grade of sidewalks—See Sidewalks. 

DELIIESLOUY LOFCOD SLT UCLTCLOSS- WALKS as faa soa ee ciuiite Wome relat Gs 758 902 
repairing of sidewalks—See Sidewalks. 

repairing of alleys—See Alleys. 

repairing streets, what material to be used................ 760 $11 
when gas-company to repair—See Gas-Connections. 

temporary closing of, etc., while work being done.......... 760 914 
private persons on permit from B. P. I. construct streets, etc. 761 917 
deposit where private persons construct, etc................ 761 918 
vaults under—See Vaults. 

excavation in—See Hacavations. 

procedure and proceedings by B. P. I. for proposed improve- 

PLATSV EIS Wirna Wale “hid eo ys eel geal oR PR en con 969 1918 
same—how conducted—remonstrance, preparation of ordi- 

PLES PUL GRECO ELL Chinen ree gne eMuiticl ate ce, Gi ant ia folate aseiecet da wiaitn ih de iece aie 969 1918 
GIAIASUt me tC Aime iaT CDA litany a islee ea ae so Slereie ean dts tae wlalele 4 969 1918 ° 
what orainance by board for improvement to contain........ 969 1919 

: 969 1919 
annual Fepalrecontrach DY sB.nP ol ass ss. 4 ae eas hee 1 989 1994 

offenses connected therewith. 

See also Misdemeanors. 
Pes Ones ae OMMALOO ytiet toe ae bie dalek iad 18 Bh a e 82s 611 223 
Bure IM Sarat es OTOL LOkOd gue at i sree do nese ev ok ds Ske ve fo8 612 224 
carrying burning coal or brand, on..... OMS 8 athe Pcs we abegar a 612 227 
obstructions—See Obstructions; Nuisance. 
PONS 4 OM Aereeler es ae arte ee tae st picls. eek dads tip ys Cin ve 708 638 


not making sewer and gas connections before street improve- 
TCTITAL A earn eee ee ale ie oa Tle 22 gcd ols e's v0 0 oll ac alesse 757 898 


1308 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| index to State Laws for St. Louis, pp. 225-256. 


STREETS AND HIGHWAYS—(Offenses, etc.) Continued. 
cross-grade for alley disregarded: 7.03. wa eee 


misplacing *stop-cocks for gas or*®water..1..2....0 eee 


failure to fence excavations, or display danger signals—See 

EXLCAVATMONS 2 ote nicl SH lee pee Oe. Cen eee 
rubbish from burned buildings on sidewalk................ 
violation of regulations temporary occupation of highways.. 
disregarding regulations for planting shade trees.......... 
excavations—See Hacavations. 


barbed wire fences prohibited, penalty..................... 


driving on sidewalk, hitching to :trees, etc... ....2..25 4... es 
Vaults, extending’ \intosto. be sprovectedt. cet see ere ee 
openings in sidewalks, not observing regulations............ 
cellar doors and gratings to be closed and secure.......... 
disregarding regulations as to projecting signs, obstructions 

on sidewalks, merchandise or goods on sidewalk, etc.... 
same as to balconies, bay windows, etc...................+. 
fruit and candy stands interfering with traffic, etc.......... 
hoisting ‘merchandise over {highwWayssetG. 2m ae eee 
injuring public:property. on wiehwavys.. 7 oe ee ee 
defacing public property on highway, etc.................. 
coal and firewood not to be thrown on highway.............. 
obstruetine street by -vehiclés ?. ya ee ae eae eee 
spilling: stuff -from>wagons,-ete., 20nVsStreeL.. owe) a. eae 
same—owner as well as driver liable....................-. 
pouring or spilling certain liquids on certain streets........ 


oil drippings, liquids, etc., on certain streets............... 


filth; snow £andyaAce ron sews Vee cee oe es ae ees eee 
littering up streets with wire or waste materials........... 
no-advertisements to. .be* painted ON va Sig ctete oes rae peohetytone = a 
breaking jor: removing ‘danger Signals 10n 22295 ss ees eel 
trundling wheelbarrow or cart on sidewalk......:.......... 
general penalty for violating provisions of chapter on...... 
misdemeanors—See Misdemeanors. 


SUBPOENAS— 
right of, and effect of failure to obey, from Municipal Assembly, 
see Municipal Assembly. 
right of, in trial of suspended officers by Council, see Officers. 
hearing. before Board License (Revision... oe es oes ees 


SUITS—See Actions; Police Courts. 


SUNDA Y— 
keeping meat-shop open on, morning, see note to sec. 1475...... 
disturbance of worship on, by band of music, etc.......,........ 
hucksters, hawkers and peddlers not to sell on................ 
flags (not .to “fy,on public abnuildines fate, won ee eee toe ee iene a 
art ‘museum: Open -On .e. ee eee oe ee ey see ee 


SUPERINTENDENT— 
See under names of respective Institutions or Official Officers. 


SUPERVISOR OF CITY LIGHTING— 


2 Rs OL OTE Oia NSO) £8 EP Ore eae owe Otek wh wie ppb nell wile & Lee ae 


PhO e OY 0) OD OL p's te A OO. OBC Vale) 428s ok. be 


re eS OP ee ee Be. Te) #40, "6! 68) a) 6) el. (6 Gp OU Ree Le LBS a) biel oN'p! 0° intsnlfer ie Nema aie ete 


duty of, to enforce gas contract with city 
to examine gas-pipe and public lamps 
to Lest, seal andistamp Basi metersaee. yan ae ee 
to require adjustment of incorrect registration of gas-meter... 
to record and report inspection of gas-meters 
to print time-tables for lighting gas 


ORR 6 Bie (0.81. (Pa) jana youle, os we io) see 


9) @ Re! 6 16's: |0) 8) "ple 61 near erie, &) pa alle eta fevlh 


FP Be eet Se @ el tele es 2 fete l= 


1015 


2112 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1309 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
{Index to State Laws for St. Lowis, pp. 225-256. 


SUPERVISOR OF CITY LIGHTING—Continued. PAGE. SEC. 
Rit Deas OF0 GOTBECUNGRE. OF \CLEVati Msn DLLIGs srectecsls cals ete 6 ou air okey. 8 636 344 
WHEN tO. CULO Wh GlOQETiCs WIT Ot BUC a he win cer eee wis mins deel 789 1129 
to have registry of authorized employes of companies, etc...... 790 1134 
office of, qualifications, appointment of inspectors.............. 790 1139 
SRIAT YEO MDOUE ROL Oe es ly Ser ree afartaaia so oe ate abel oiatel a ciate oes 791 1140 
employes, appointment, salaries, duties, etC.............c eevee 791 1140 
CU PLB Ope ae aie Tae ee tice be hits clotabe Siala: ten Beeb nck pamela =e 5S Oy 791 1141 
has charge of all apparatus in lighting public buildings; cost, 

Don ETL See eee eee hee cre Pepe cud ahh ren te, vo cle ate eee Ries 4d 791 1142 
undar: directions *Board,-Public: Improvements. oc sero. cd eee 191 1142 
under control of Board of Public Improvements..............., 793 1155 
to inspect all premises on which electrical energy.............. 191 11438 
ireuer MeO WHOL SE LO COUITIEEC f Sea vile ote oie sie os Seer elo cee a ee se 8 aa ELA ae 792 1144 
to remove wires where identification marks illegible........... 792 1145 
when may remove dead or uncared-for wires.......... Pe oR eS 193 1151 
to furnish own conveyanee, allowance therefor................ 793 1154 
PRENOWOCOL | YF Lule bert Dera ra rales aialcue tite veh Mi ae, ovine die. ein Bele 793 1155 
statement as to telephone poles and housetop wires............ 801 1189 


SUPERVISOR OF PLUMBING— 
See Plumbers. 


new ordinance provisions respecting—See Appendix, Ord. 
eal) MP PERRO ORIN. «A tca 2 te aes WF SPR oso GanaRe «die atlas e\alale e/ut a 1150-1153 


other ordinances affecting—See Plumbers. 


SUPPLIES AND SUPPLY DEPARTMENT— 
See Comissioner of Supplies. 


SURGERY—See Medicine and Surgery. 


SURVEYORS— 
See City Surveyors. 


SUSPENSION OF OFFICERS— 
See Officers; Mayor. 


SWILL AND SWILL-CARTS—See Garbage. 


SWIMMING— 
in Mississippi or other water in daytime is misdemeanor...... 870 RUB 
SWIMMING SCHOOLS OR BATHS— 
LICENSOR LAER rected lle Weer ePareioketcte hac crake ath fiat cePa lc ala ictal Bae ite ie 1099 2465 
charges on certain days regulated, penalty..................... 1099 2466 
waste OLLwater DVS DENSILY -!. . somes alee co a ote EP PO abba th Capt eM aet eAe 1099 2467 
ae 
TANKS— 


See Water-Tanks. 
oil-tanks on vehicles—See Vehicles. 


TANNERY— 
PIOVIGION be CONGer ite tr tye erat Arde they tty ice tidy ety ie Vedictereiwieot stk ws 704 625-626 


TAPS— 
See Water-Connections. 


TAX-BILLS— 
special—See Special Taz-Bills. 
TEDALE Ol seen teas eke Ora ti Wes RR See ee b hele dd Dnce ale aed 1056 2291 
Comptroller to give Auditor statement of, turned over to Collector 1088 2423 
depositeds Ive C omimiroller suGrce ssa rene echo ora dee eek on 1089 2427 


TAXES— 
See Special Tax; Lien. 
city: tax l6ViedeannUe live eee eee ei ee fo aad wore es be Wale be 1013 2103 
merchants’, and licenses—See Merchants’ Tax and License. 
on dogs—See Dogs. 
assessments and returns for—see Assessment of Property. 


by way of license—See Licenses. 
rapate) OF > aeac betta en ee eh Meas tits chloe ten tiehid Seep sat 1056 2291 


1310 | INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 4638-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


TEACHERS— 
to remove pupils having contagious disease.............ceeeees 


TELEGRAPH AND TELEPHONE COMPANIES— 
provisions affecting—See Electric Light and Power Companies. 
wires, tubes, cables, etc.—See Hlectric Wires, Tubes, Conduits, 

Cables and Poles. 
poles of—See Telegraph and Telephone Poles. 
right to fix charges of—See Telephone. 
telephone companies—See Telephone. 


TELEGRAPH AND TELEGRAPH POLES, etc. 
of fire and police—See Fire and Police Telegraph Department. 
in :streets—See; note; to “Sec. 10937 ee eee as ee ee 
electric—See Electric Wires, Tubes, Conduits, Cables and Poles. 
right of city to charge for poles—See note to Sec. 1093........ 
of Western Union and Postal Companies—See note to Sec. 1095.. 
when to be removed 


OR OO Fe O89) 9 6, 0,0 Ve, Te) Te: 0S ew fe Vale £0) 6).6) @)6, e616) 6 (0 070. be 6 ene eens 


8) Oe) 8? @O 6 © 016 .0)'@ 01656 ‘e'\a1e).e 610 e 


to be placed in alleys, when practicable; procedure for deter- { 


Ub GS bat deans eA nr ADE er MPL ATL yen t A utah hcluy Sg i Pe GN! 
dimensions, construction; -lo¢ationyoL, eter. ea. eee 1 
; ( 
streets and alleys to be restored after erecting................. 1 
control of city ‘over wirin2\.0on, location \Oly etc... ee { 


conditions” of/setting (of .cen sae ol ae ek eee ee eae Lee 


Board may direct alteration, change location, etc.............. { 


deposit to cover cost of restoring .paving disturbed by.......... 
use--of top cross-arnis: by -city:.-to) besaereed slows ee ee Sei oe 
article not construed as preventing city from altering ordinances 
companies to file acceptance of top cross-arms provision....... 
compensation»to city. for use’ of: streets Dye. ile We sie cs ee ole eee 
decisions on right of city to charge for use of streets by—See 

note :LOVSECL 1188 ee Nee a a alee take te aie cote te i ee ee 
statement by Supervisor as to housetop wires, and poles, etc.... 
Collector may examine company officers as to number os ree ote 
failure to pay amount due city for, penalty.............3...... 
injuring, “misdeMeanor sie ne dace cheats lace Salen oe ate aie ae ee vote 
sticking posters or advertisements on or aiding same, misde- 

MEADOM: Poe Sr eioks hein stare o Sate a wears tree re ot ete at ana, Cee ne Oem eae 


TELEGRAPH WIRES— 
See Electric Wires, Tubes, Conduits and Cables. 


TELEPHONE— 
wires and poles, etc.—See Electric Wires, Conduits, Tubes and 
Cables. 
wires and poles in streets, discussion—See note to Sec. 1093.... 


fixing: price of “Services 760 cCustomers. gene cies rete ena eee eee 


rates cannot be fixed by city—See note to Secs. 1195, p. 802, and 
1093, p. 778. 

poles—See Telegraph and Telephone Poles. 

companies, conditions for using streets, etc...................- 

companies, percentages of gross receipts to city............... 

companiés, Comptroller may examine Dooks........5...,..:...... 

companies and officials refusing to pay percentage, misdemeanor 


TENEMENT HOUSE— 
See Buildings. 
term; defined, ineBullding Code. 27 wee ee ee ee ee 


term defined ingnuisance: article Wo ei eee a a ee { 


778 
785 
802 


_ 801 


802 
802 


. 802 


563 
706 
698 
564 


1114 
1120 
1121 
1180 
1122 
1181 
1123 
1182 
1124 
1183 
1179 
1183 
1124 
1184 
1185 
1186 
1187 
1188 


1189 
1190 
1191 
1136 


1590 


11138 
1195 


1192 
1192 
1193 
1194 


61 
629 
594 

63 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1311 


Index to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


TENEMENT HOUSE—Continued. PAGE. 


{index to Charter and Notes, pp. 463-542. 


SEC 
Breer 40a. pernmuttodnin ‘COnStPUCTION ova cs .icele se Ole Wea 568 75 
CIICuNOSE.. Olu ne Wallac in Sci fee wees wees tee hy fe ee ee A 574 1038 

ake : 575 107 
DATEILION.S Walling litt oo nett, teak @ thie oa PAT ab Mee cl oes hays Cara y BR Wig { 575 108 
UTG-StODSs IN Walls On. cater sie cotati ihe ta sept iueicee es tot Seales Dhee ntie 575 109 
TOW DLGELOP OU an eater eee hae rice Oe cL Sor IU ake a ah 576 gts cat 
BUSLIP WUE x ate dah baie ide ale Cree eistt co. title Mabie aise Vee Lice cee oe 582 137 

583 138 

LS rs-Cheers Uieiowh LEIEM ee Sedat OP ata rasa eneh, ire lis aia ere ce arate: ace oom ae oan 596 189 

597 190 

Nealon eeat sToOOS-  Sty Henits. «VONtliaAling: GUC! TH) ten cutest a ak a 598 194 

sgl : 691 576 

vaults, privies, CIOSOLEMLI Vober tera ae a eee eee eh ee ye ie ainsi oe a dae ee 1062 2213 

STIS Ce CAT tiClOS CLONE iia hee uncle ec eect «mee a /etole AE me Ab a Rae { Bye ae 

A . 701 612 

DRT MMREPRUISENCE TW NON Sov ce cc clk dah alah aria and dale on cciedialahey oes 706 629 

PC ILIOT a wOPRCOUBSETUCEIOIY are tarclncn sheen she tn dial ve a ek ete ate eile tats 702 613 

sewerage in—See Sewers. 

keeper or agent to give notice of contagious disease............ 736 804 
sidewalks and gutters, etc., abutting, to be cleared of dirt, filth, 

IVC WA TLCE ACID Vay LT OU vial aaa: as oso) acca el ciate era aia) a bial ‘Siig: aoeua oeas 810 1234 
Be easlone GUO LILA ills) TELMLALIONS. foal. ci leatae felt Ges ate tale oe tea 1063 2313 
owners, etc., of, when may be compelled to take out water- } 4998 { 2463 

PICRTIGOMTLOTISMGLUVilters src nba tsus aver vip cs needa oh ba ot & wc ack wa TE oc eae tes 2464 
EE Reseach CNEL LIM Ree ne Mie gloat Glade, ata acy ein Welles ele ie. viele Wierd eis aielorelede 1103 2487 
defined in water-license article............: BAGS tn ce inde eieia 1105 2490 

THE REVISED CODE OF ST. LOUIS— 

See Revised Code. 

THEATRE— i 
MeANINSeOLeterMieine BuUldines COdGs ie ee. oh ew Pure ceed oases eee Bh a he 
PULLLGATI OR LUG URGE IT BE-ClASS wrtecbils acne te dia a setae sates <lava 6 epe-oiehe oft a « 564 63 
WELL SOL Lette aete ae dine Fitiade s Merete laces wie ahh hel gdiwre auetega’ ad sae, s 571 7 
TY G-CECADESRITL Oral Wri eels mcteic er a Rae tas! Scie’ allo. scaligl bite Where) w que tapes die 583 138 
heating apparatus in, rgeulations........... Ear aeo seer) Sutakebentin tials 587 151 
reculations. [or DuUlltings WSeds As iso ois ee eee Clb aie wine d waive oe 598 195 
duties of Building Commissioner to inspect...............+--- 509 195 

‘ stairways, aisles, skylights, curtains, exits, stage roofs, scenery, 

lights, doors, and other paraphernalia, etc................. 599 195 

stand pipes in ae 196 

We ete Set Nee tao tices. ve. { 506 208 

601 196 
fire apparatus iM..........sceee ec ecesees Pe AOL oa cinsone eviale se ae. 8 { 606 208 
TIGASIITESsLOTe DEO VENLION OLg TOs ell) arc cm cick croton os hela e sole aesoi oke 601 196 
PCT LATIONS I LeLALIN eel eed Thee, Caanialr youl vices Bek iete Sikh 'o's 5 cicta 601 197 
CONSUTUCLIOUS OL ALG Wael tarceneh ietsts) tense tioks 2. Spee ty oie Shia Ebb cate 602 198 
new, exits, entrances, corridors and other regulations.......... 602 199 
new, workshops, storage, and property-room.................... 603 200 
NOW IDPATIOPsUrGs Walid aaa iron weeds wcll ade tie ca Swed Wols 603 201 
NEW; DLOSCOMsII Sa Walle ands CPSDIN ES ori reec fol. eel diete wiccale is ejdveve ‘oie tone 604 202 
NOW, LINLGELOLE COMBSULL UCU OME tae ces ahal tut are woe ,\ lc ndawis fe aeghtr asd Melee -si page aied 604 2038 
New;. Aislesss COOrsy GSTS And NAmsaves cya. bi lh ew vod ocak 605 204 
NOW, “SEB T Weir, OA Sad Leior eid eheretctchal cle tedite sia ciate tial ed eels atte Sea 605 205 
DE Wy rlOCatiagns Olam mM Srayn ce rcsie vie tick cere ds: aie'ved's o vin the Blane aes 606 206 
TOW} POR LOTS Seri cle @ chil LEON es trees ea IE ttn, Sea ua ahaa 5 otdlel arate) shove lansianavane 606 207 
under control of Building Department. ...........0ssesereeceees 606 209 
duty of manager, etc., to post certificate of Commissioner...... 606 209 
new, must be first approved, what necessary.................44. 607 210 
VOW, NO iGensests chee Cer ites Ce ccs hile 200 fa oldies 9 te eo Fle a Sue hta'lot bile 607 210 
new, hearing to be had whether law complied with............ 607 210 
new, revocation of permit—reinstatement.....................- 607 210 


carrying on business without license.............sssceeseeseees 607 211 


1312 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{inex to Charter and Notes, pp. 468-542. 
Index to State Laws for St. Louis, pp. 225-256. 


THEATRE—Continued. PAGE. 
aisles and egress) from to} bePunovstructed 2 yic.a se een shea ostee ae { oe 
balcony or portico at main entrance permitted................. (wise 
loaded* firearms not™to sbe ‘dischargzeuvin: . 2 vi: octet cee sistas { ae 
persons having charge to post anti-spitting ordinance.......... 886 
manager of, when may erect billboards, and how............... { oa 
meaning of; term in license “ArtiGlesaeca osetia epee steer pieren eee es 1051 
to’. be “LicenSed oi ee ee Es Cie oie Cet Se OEE le ates oe Wins alt hats aeons ee 1051 
ATMOUNE VOB ce yes se alte Bela cod ine eee el =) aha oreo ow eee ee da mean Sae Eeag 1052. 
license provisions—See also Haxhibition or Shows. 

1052 
other license regulations § i545 tee ea ooo faassen anne eee to 
1054 
license, .how. “application Made) Vi Nie cere: situs ere cede se reraiesl meer 1053 
duty of License Collector to make inquiry.........0cceseeersses 1053 
petition. of block’ fesidents, 32s 3a. gree woes Ate wretnes ay we nn gee yy eae 1054 

THEATRICAL PERFORMANCES— 
immoral’ or indecent, misdemeanor. iene eres we ies as obs oe le 870 
firearms loaded with ball, not to be discharged at............. 882 
shows, exhibitions, etc—See Hxhibition or Show. 
licenses for—See Theatres; Exhibitions or Shows. 

TICKET BROKERS— : 

See Railroad Ticket Brokers. 

TIRES— 
of vehicles—See Vehicles. 

TOWER GROVE PARK— 

See Parks. 

TOWERS— 
on buildings—See Buildings. 

TRAPS— 

See Sewers. 

TREASURER— 

duties returning or crediting deposits by bidders for supplies to 

(Cs hh a gage SEP) Ord irk IN CGD City otha Gel a ere i PN) o 1076 
member of-TreasuryeDepartmenti 2.22. 4 ee ee eee 1080 
duties in Treasury Department—See Treasury Department. 
examination of accounts of canceled obligations............... 1081 
examination of books and accounts by committee.............. 1084 
same—by Comptroller in conjunction with committee........... 1091 
office-credted 440. ae nits spike poe Se ee ale Rw Oe Ie ae ee 1092 
general duties of). specified: w ese. rs cess sek ere een Hee eee 1092 
all city moneys to be deposited with, daily...................-. 1092 
provisions’ respecting, citys Dayeerollscst -i skeen eee toes 1092 
books of, open to whose inspection; daily report to Mayor.... 1092 
DONC" OL 5.0% cssiie » ofa oo ese pa ate aie eee Omak eles RTE eke Saat Cs nee a eee 1092 
selection of banks, for deposits, regulation how determined, bond 

from) banks, and: how tunds(drawn fcomy co. ot ee eee 1092 
interest'from+banks having city depositse. 20.4575 ees 1092 
additional requirements for, as to books, accounts, warrants, 

Cuties; Cte. 25 b. «a'ecd Ghee lonbew sol ie cate de Tetoue cor aiic attce nema eae enn ete ann mete 1093 


personal use of moneys, warrants, funds, etc., prohibited; cause 
of forfeiture of ‘offices. 20, ovo. Sai te ee nes AP 1094 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1313 


Index to Scheme, pp. 279-286. 


| inex to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


TREASURER—Continued. PAGE. SEC. 
Assistant Treasurer, Paymaster, clerks, etc., of, appointment, 

CULIGE 2 PEMIO VALET Ne wid Ee eee eit meen dc ee ae eae 1094 2442 
responsible for employes, may require bond .............e.cee0e. 1995 2443 
may establish rules for transaction of business.................. 1995 2444 
DOTHS Mire MOCO Loe eas Cele eer ote fae OH, "h ccc Ho hae GE, Lea 1095 2445 
salary of, and of other officers and employes in department.... 1095 2446 


TREASURY DEPARTMENT— 
See Treasurer; Comptroller; Auditor. 


EOUORIE OLIN OTA a eo yen es tralian Wha eh ow ARR yl 1080 2387 
accounts and bills against city, what to state, etc.............. 1080 2388 
accounts to. be) votichered’ by proper officers... 3. 65...04 6. cnc ecwe. 1080 1 hy 
accounts, bills, etc., forwarded to Auditor, statement to Comp- 

EEOLLON GUC ayn te Erte BIS nearer k or noe ee NO ra Ee IEOy EN) oro Ire 1080 2389 
bonds, coupons or other city indebtedness, how, where and by 

URUCREIDE [aL CL eirne 2 Ae eae Se WEL Ae aie Prican gs dicta 3A « ele lei tte wat 1080 2390 
same—duties of Treasurer, Comptroller, Auditor, Mayor........ 1080 2390 
examining accounts of Treasurer as to canceled bonds......... 1081 2391 
Bane WOLLMierarClaling INetaAVvOle OF “CLUY 1. os 4c. vie kos ke oe oe cs 1081 2391 
examining and crediting debts paid by Comptroller and Fund 

SP OTRTMISSI OGM oct eed ee a We ere Sat Tn oR ie 1082 2392 
sales of bonds, notes, etc., for loans to be reported to Auditor 1082 2393 


renewal of certain city bonds authorized, Ord. 22865, Appendix.. 1162 


all fiscal officers to report to Comptroller, what................ 1082 2394 
reports of Auditor and Treasurer, what to contain............. 1082 2394 
CONTIPAC SU UVECILY, Tee UlatlOnSs ANG ereOuisileS ce. ces eae ee: 1082 2500 
coupons, bonds, ete., exchange for registered, by Comptroller.... 1083 2396 
contents and form of registered bonds, Comptroller............ 1083 2397 
transfer of registered, new registered, what Auditor and Comp- 

CHOLET 2. LOM Oa Me prnnta nrile amy a. ahaa le: GAM bees wa ees ale ene te 1083 2398 
how principal and interest of registereu bonds paid............ 1084 399 
cancellation of bonds, certificates, Mayor, Comptroller and Treas- 

NVELwWAVTOILOTCLO SUI ESOL VG site Sor os Pade eee a ewe 1084 2400 
Mayor appoints committee annually to examine accounts...... 1084 2401 
committee to report to Assembly, delivery of accounts to suc- 

CESSOTS ar aree ase Cte coe Bacay ERO y. oy MENACE a iia IER ac REE ER eS 1084 2402 
special examination of accounts of officers by committee—report 1085 2404 
COMBS SE ELON reLCUIITIIET ULC Ui ake one’, Gaeta ste fala ae wel nl ae oe) Mabini ais 1085 2405 
Comptroller to examine Treasurer’s accounts with committee... 1091 2435 
moneys deposited in treasury, provisions as to pay roll, duties 

ETeASUel We LLCO OU eo Fete cree eo tin to ete kate ere eletele's 1092 2439 
additional rules and requirements for officers of the........... 1093 2440 
moneys: EroOu Waler-rates., CLC. deposited: “1 ss oi he ew leet 1097 2457 

TREES— 
shade ovhere: pianteds venalty for: Vidlaline.: obs Sou T he bas 761 916 
duties of City Forester respecting shade, and other matters.... 813 1250 
duty of City Forester to protect, and give advice concerning.... 813 1250 
hows Property Owners tidy select SHAGE Se). ccis es fa) e wine Sales Hiats, oo 814 1254 
WHEN -SUACO.) SeleClOO UY Shit y FP OPGSLET aig om (dy a's diene Suhrente wir me o-« 814 L200 
injuring or destroying, or planting, trimming, etc., without per- 

MIL ITOMIeE Orestes DiIsdGMleCaNOL ces ede he kw els Nw os ee 0 ole 814 1257 
injuring -On MiNbiatine sin Oars provi Dited fois wos ete tie Se ce 996 2018 
interfering PwitiPerootsnor GIG. “INISCOMEATION oie i isie) soo ake fede Sete) $14 1258 
violating article on City Forester, misdemeanor............... $14 1259 
on private property not affected by ordinance on trees or Forester 814 1260 
ON. ‘DOMIE VE YO Sse come Creel WOUILCE Ole tC tes aida. ee >, «lod aie eyo'e, mond wv a'e 968 1913 
ink: Parks PWR OOULr Ola: Porte ie atte Cater e s tie dies os tle be sie eernieisle 984 1973, 
not to “ber PUrMISlSd DY TCILY SOI DIOVES cy foie ee os arele lewiele Va em is 984 1973 


TRESPASS—See Misdemeanors. 


TRIAL OF OFFICERS ON CHARGES— 
See Officers. : 


1314 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


/ 


Index to Charter and Notes, pp. 463-542. 
| Iaes to Scheme, pp. 279-286. 
Index to State Laws for St. Louis, pp. 225-256. 


TRIALS IN POLICE COURTS— PAGE. SEC. 
See Police Courts. 


TRICYCLES— 
license stax: ON PH ATG ke Fuse ellie phe leee yeas oa ee aCe een en ea S33 1810 
where license plate put, on (See end of section)............... 936 1810 


TUBERCULOSIS— 
See Contagious or Infectious Diseases. 


TUBES— 
in streets—See Hlectric Wires, Tubes, Conduits and Cables. 


TURKEY—See Wild Turkey. 


TURPENTINE— 
PYTOVISIONSY COUCErN IN Sia. ye euce in we dee aes ohare ely Cree eee 613 234 


TYPHOID FEVER— 
See Contagious or Infectious Diseases. 


TYPHUS FEVER— 
See Contagious or Infectious Diseases. 


ied! 
UNDERGROUND DISTRICT—See Electric Wires, Conduits, Cables, Etc. 
UNION MARKET—See Markets. 
UNITED STATES FLAG—See Flag. 


UNSAFE BUILDING— 
See Building. 


INT 
VACANCY— 
in office of Coroner failing to give epee Re ee ae) 9 BRE RANE 615 242 
elections to fill—See Hlections. 
902 1656 

in.office Board’ Mullanphy HmigrantsPund.) 7 oe sence ame ween { 905 1672 
results. if ‘officer’ changes ‘residence! from ecity cane es tet eres 908 1687 
results. from,:absence, Without, leave. si sicctes octane siule te tare ope eke caer 908 1688 
in -electiveoffice: how.) filled cies. ete ite tae tke cae eee ot oe 908 1689 
decisions as to when, exists—See note to Sec. 1689............. 908 
in elective office while officer under suspension................ 909 1694 
; pire 910 1703 
IN /APPOINTIVES OLMCO Ma Ha cw oat sa el ohes rea al aaa on ee A ORI ere { 910 1704 
by reason of non-attendance at meetings of Commissioners of 

Penal and: CharitablecInstitutions.2 07 cnc ee eee ee ee ee oe 915 1726 
in office of Recorder of Deeds on failure to give bond......... 1003 2050 
in office,of Collector. on failure: tov egive bondi... dus oss cue ees 1055 2289 


VAGRANTS AND VAGRANCY— 
ordinances concerning, when and what unconstitutional—See 


note: to! Sec. 1632 Fhe aise es eelate ath ae a) coe he ea Wea Peay sie eee oe 896 
definition.. off WhO. are > VASTANESH ys gan eels te wo crete te ate isin 895 1632 
evidence‘admissible «on trialiiy he tee eee ee eee 897 1635 
penalties for ‘Con vichion, teers etc accel ee ie eae ane anor ie go aie 897 1636 
required "to .Zive DONG / When sie eatisie tae Gl iels aa as es a een 897 1636 

VARNISH— 
boiling) regulations ys ian Wan ate ee Ee ee an ee ee 611 ya. 

VARNISH FACTORY— 
when “nuisances sets Ge Ge Pi ti eee I an a 700 605 

VAULTS— 

4 under7sidewalks, .how-;constructed.s e420 ssccee. ae eee ee 761 919 
decisions:.on—-Note )to0) Sec: 91 Oy ae aie distoters are ae tee ee 761 
constructing without permit, or contrary to regulations........ 762 920 
under sidewalks, permission from Board Public Improvements. . 978 1933 
extending into sidewalk or highway, to be covered............. 806 1212 


privy—See Vaults, Privies and Water Closets. 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1315 


Index to Scheme, pp. 279-286. 


{rae to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


VAULTS, PRIVIES AND WATER CLOSETS— PAGE. SEC, 
SORUe. DLOVided Tore what sHilldines sin vege. ecu oe el 690 571 
permitted to leak, overflow, stink, GUGy MIibneMmeaAnOT 0... . cate 691 572 
DILVY Ua DsaL one emptied naliven vents tn melee | ok aoe gl Pe 691 573 

691 574 
WENA neee ee aia ee eee ee ee ae LUKR  k aMle * 1) | 691 575 
712 662 
to be how constructed when inaccessible to sewer............ 691 575 
inaccessible to sewer, to be emptied when full................ 691 575 
LOL. bevconnected ewith=sewer? whens. 6. ee ei) 691 576 
method of construction or connection with sewer.............. 692 577 
reconstruction or connection, when and how required.......... { oa Be 
LOR Denemulied nalts cleaneds: WHEL Wt ott. dred eee hee as 692 579 
; 692 580 
PAR EIeE Le CLOADING Mat ene oe als. gy nt coo Wy tal ay aaa ama 1 1050 9968 
Cire POUCH BOLO. ETESPOCLI NS oc ae ak fae Ur ian eee ee eh 692 581 
violation of cleaning and emptying sections.................... 692 582 
Nidal OMmalticlenity S6nerdl. TODAY iets ce ek et ee en Le 693 583 
abatement of nuisances of, how contracted’ for................. 712 662 
Moar Opa ecoltuecontrol over methods etGon:. fone cane wae 1050 2268 
DIGADIPN SCO mane reo PyOlLLe wees e ee pet Lae ra te acre cbety meg BYP 1050 2268 
penalty wor non-observance: of provisions: } yo. Os fe Pes Ae ee 1050 2269 
regulations as to connections of with sewers, depth of, ventila- 

PLO pei beri S TAOCALIONGOL MELG 5.154 4 ca ae Se Pe Pee 1062 2313 
further regulations as to construction, tanks, etc....... ett 1063 2314 
regulations for, in private lying-in institutions, hospitals, homes : 

for foundlings, ete.—See Ord. 22998, Appendix............. 1142 

VAULT-CLEANERS— 

SRlONG COMCLCATIN VaAlllitves DTEVI OS CLG cigise 5 ater cain Os Shclbta Risty Salwleke’s 692 579 
POO ITEC MCL NAVO wLICETISE Manin fos vitae oa eek tote «cit eas yaa ete 1050 2265 
SHOUD EPOLsicenne: + COUDITIONS RLNGrEOle «4 healed nites 4a cara « 1050 2266 
OT Le RTO COTECLLL LOTT Giaton sehes EM ere ure Tae dan hc Lalas aii mata tes Doce asian ils 1050 2267 

E : , 1050 2269 
VUEOLALION MEO LMS LOLCat mite Mes tor weet Set oi ope vet eats, cle aR RL Ie ig ea tals 693 583 

VEGETABLES— 

INSPOCLLONS Ole cote eee aries, eee pee rae tees) Lddoe Shs it Sar ap Beis at wa’ 686 541 
TAITICOG MeO Lame tht DOUL crete WE Rees Tt oe eR tea aie Ma erie bh meatal aisitle Wao atx 686 542 
SeLLIN Ses POUlLOUnt cre weak cree stan teen e eae eater Eevee cake onc bBa hates ole oo. ate ts 687 543 
CECAY CO, WHC Te DAIIBAROO Rei ele tla diy acy ac sig dbs rds wine Santee 5 lo ale as Meathos Ba 698 590 
ALGO ORM AL lst Tice US UT (Leh vad ies Teche Baa. a) tio w! waa bel eke & eo era ope ek 853 1420 
seizure of impure, unsound, etc., by Market-Master............ 856 1435 
sale of in market-places outside of market-house............... 859 1450 
Ofral (fronts NOLsto. cast avouu, Mmarket-NouseS ...o0 sacs > sees One ae 859 1456 
Sold. Sos Mar cern a aw OTl al O Woah ace sects OMe bigats = ce a. ehe tess & hws ove 861 1468 
Sold CUNOer VinkeaUSDOD VLICONKGs setts ads insite re Phd kets Seles 862 1473 
certain perishable, sold at depots, etc., only in original pack- 

APRS eee ere nae famine fa Lk SR ee ey CILLA Gita sl BOO, cb 1 Mite Pie ain yo 864 1483 
same—sold only at regular place of business.................. 864 1484 
SamMme——saley Geel aco mrecel Vere. ae me se hie nerd ea headwaters ah 864 1485 
same—penalty, not to apply to certain persons................ 864 1486 
HUrchases Ole DV soupy Ve COLUIISSIONCL oh ay sale olen tents 0G on 1078 2376 

VEHICLES— 

COLry itil NIST Ieee LOS Ly Ormrod Ce ULL ELON Eo etc eo oentae ds) 45.0 4 i Somat ots 552 22 
NOt to Tun .OVerey ITS se epaAremmen GanlOSGs os 5c ken els oie ans ait mals eee aoe at 
fire ‘ADDATATUR DES TIP OLCOD WAY SOVEL. sctiniela sy sah se miele bow o aie Sates aa 1885 


Health Department ambulances have right of way (Ord. 23068, 
too late for insertion). 
taking from shelter or shed or garage (Appendix, Ord. 227389, 
or Sec“SGGRs a4 eae eae Sees yin wie wees ALS Lelio Vases 1140 
allowed to various officials in city service—See under names 
‘ of such officials. 


1316 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Indes to State Laws for St. Louis, pp. 225-256. 


for sale of milk and cream, provision respecting—See Milk. 


VEHICLES—Continued. PAGE. 


TL: 
garbage and swill carts, etc., how constructed.<:........... 0. 702 
809 
for’ .removaltof,; deadi-animalsr. vu ante eon ee cae 715 
metallic license plates on, for garbage wagons................. 718 
obstruction ‘of streets ty, ls. misdemeanor. os. .cL, eee ee 808 
oil-wagons ‘and oil-tanks, “rezulavions sae tiene cane 809 
automobilesor other vehicles, using Olige setae. a eel eee 809 
carrying. ice-cream, ) TEZUIATIONS Fo) eer ee een ear eh ee 809 
farmers’ wagons, space reserved at markets for............... 853 
Market-Master to enforce order amongst, at markets........... 856 
to be removed from/market-places, when. a.-e eos ue ee 859 
at market-places, under supervision of Comptroller............ 861 
automobiles, horseless vehicles, etc.—See Automobiles, Bicycles, 
etc. 
driving in; wrong direction’ on. Gar-tracka 2 een ee eee 961 
street-cars—See Street Railway Cars. 
rules sof the) roads ese a ee aa ee ee 882 
same—in! Parks ay sate oe aes ota Seemel Owsley tar ees) ee ce a SB 
right of way cf street-cars—See Street Railway Cars. 
spitting in “public, misdemeanor lw. aera ee ee te ee S8A 
hacks, carriages; cabs; ete., where, to, be located... ... snes ee 888 
license for, of junk-shop dealers, etc.—See License. 
counterfeiting license-plates for—See Misdemeanors. 
belonging to city, or various departments thereof, how marked. | Ae 
of city or exempt from license tax, how to be marked.......... 936 
not property marked, belonging to city, person in charge, guilty 
MISMEMEANON : - ease ale ac ate Wile meas orate yt AMMA Le ate Tey Che 912 
Of PUDHG. porters not tobe wsed by. Others) 474-0 cre oan ee eee 33 
93 
license taxes on all private and public, exceptions............. 936 
936 
TESUIALTTONS LOT MIVOSs. ho eeers weak weno ean ene atte aetaca ame ae te ei 934 
regulations inapplicable to, with rubber tires.................. 93 
failure: to ‘pay license. “taxa doubled When ~.. ox... eee 935 
failure to observe certain’ regulations, misdemeanor............ 935 
inspectors (Of; Salaries, (duty icc ees ee ee eae ee eee 935 
inspection, of; now Dy. bicenseColectlore si a. + aienieeer siete ape a 942 
license-plates for bicycles, tricycles and velocipedes, where put.. 936 
of non-residents of city cannot be taxed (see also note)........ 936 
registered numbers or license-plates on, where to be attached, 
OXCOPTIONS 2 eas See Ge ea shee Puen Tecbrge ees Ghishaar 2 mCi oan ne nae eta 936 
owners of, regulations as to making returns for license-taxes... 939 
lights at night on, penalty for violations (section amended by 
Orda 22673—See Appendix. p- 11 SGmat ore ae eee 939 
rates of) fare) for? hackney-carrlages we ae eal ee ei eeciete re 940 
rates allowed ‘for tone-horse vehicle i) aii wise vinta eis elare si ne 940 
rates: for.s DY «them QOUTs Pi hese cme te cette ieee ete me ear ele iene Pee ee 940 
rates *fory whenvmay be: donbled.s. ase eseacie ate ee ee ee 940 
rates [or, OMNIDUSES ei. a ss os 0 aa es A aaa re eet eee eee 940 
rates: fon.furniture Cari sue ee lee re ee ae en ee ne 941 
when and how rates for public, to be posted in................ 941 
Violation, tor’ article> on, misdemeanor...a.0 0 os cia oe ae 941 
refusal to carry passengers, or refusal to pay fare for, mis- 
GEMEAN OT, — GUC a s,s Race conta hic ated wie ce te, oetiat Seen eee teen ata em 941 
when: deemed tobe hired ontcs 5.) hee. inch ee eter e nas ets eerie 941 
license ‘to drive’ public, without, charzé, whens. /vn 548 46s 942 
same—badze "and number to ,DeyWOrn lus ae sil bid © wie eh teres 942 
same—-to ‘whom. applicables: Pik stiene coe ee ee rena eae 942 
same—sprinkling carts and water wagons..............eeeee%- 942 
produce’ wagons or farmers’), 6Xempt-. +5... «san ee 943 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1317 


Index to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


VEHICLES—Continued. PAGE. SEC. 
PUAIIUTE WREOUE LO. say cLLCOUHE dar lett o that oth hoa oe Oot ok Mate ee crate 943 1838 
overcharging for use of cab, carriage, cabriolet, hack, etc., pen- 

QILY eee eae aaa ne Belts Sl METRE Mae are doh @ vat ahsote ble 943 1839 
overcharging, no new jicense for five yearS.........ce-cscceees 943 1840 
conviction for overcharge to be reported to Commissioner, exam- 

INALLOOMUCLOTO MAGUS sl IGOUBGe ot te rere ois aire cake eee 943 1841 
officers conniving at overcharging for, misdemeanor.......... 943 1842 
drivers of public, not to be away from conveyance, nor the stand 

PHOTELOIS NOTE bu MIO Peso. DOILG, (ORG ts vars ce aie yl etaedte wlan aa las 944 1843 
hackney-carriage defined—See Appendix, Ord. 22899, pp......... 1154-1155 
stands for certain kinds of, Police Commissioners to select.... 944 1844 
Blaise Ore Witell ticle LOW | C@steTIALO cep aie cscs eaten ie aye oiariy res 944 1845 
Police Commissioners to publish location of stands for........ 944 1846 
Stands s1or .excluded, aromy certain ‘Streets suis eee eae. 945 1847 
COMMSOLUE OT rat CELLALi It) LaCOS wis cis tie aati nc oheee ee icieice guises ee 945 1848 
Bale eae mUCSIeNALOGs LOe DO OCCU D1C (icity cre cic occ Co cre rde nua dig carn etabe 945 1848 
stands for vehicles for coal, wood, long feed, etc............... 945 1849 
Hack. standsuLwhere,s reculations « CLG is os. Clee Bekok hee nee 945 1850 
BIenOsemMalLLoiteOlL] Privates Premises ee ie 6 cid sw) vnc cio ten v opie elae we 46 1851 
may delay street-cars, how long and when (clause 8).......... 950 1864 
no, belonging to Street Commissioner or any other city officer, 

Biaiispemused Ee DY a TOM Ly ew OF ccryarat maine ais: sdelite se: betas aiaieyese 978 1948 
: : ( 996 2018 
TOP DOC MLEL LALO See ea eee ee es Ue eta a Sites he ee ae Batons betes 997 929 
selling at public auction at horse-market ...... Pew ig eae ne ane Ae, ' ne ae 
Pentiatloussess.cO.. Of peddlers. ANG: MawkKerss).. 5. sa. es so esde coe 1042 2224 
eM ee ERE) OVE Suey hei my iA ae ea i ee las peng liege JOB? Bae alsa gig had pov ees CE 1078 2380 
in which certain goods, coal, hay, etc., to be sold, must have 

eR Ge TS th OMIA TE Pia ee ee ee IN EN ELE aera ty ‘ene’ uh glemaie he Mate lat o.4 1122 2565 
Seine. certain things, how often welghed; Ct. 6. 10. cr Wieteles view o ee 2566 
hauling certain things, police or private citizen may compel 

driver to have weighing done, false certificate, penalties, sale 

ote wason and contents to“ satisfy, fine, ete sn... tig ch aed he a3 1123 2567 
drivers of, how to arrange bundles and packages required to 

Pim UT VECO MINY CLE DOTS cf ale civic clavctetare, eeu ete riphel acto Were a Siece e mlake 1127 2581 

VENEREAL DISEASES—See Advertisements ; Misdemeanors. 

VENISON—See Game. 

DL CEs) oR Perse eo ging can an es 80 sais ae ots (3, 80bow We lapoele er st walle We 863 1481 

VETERINARY SURGEONS— 

SP Syaleb pew araycer gt. PRS EES SCE UE ike eee ee ee ee IL SO ee OS, Pact ee aie me 683 524 
ATG Wii VET Lm UIC LOS rma teen ola ci eiels sala ie de dla's ie x alate slerese. aise de as el's 683 524 
TIT 0) me em et RE ear as ets NTs Sata nl ake ai WES) vies law ayers! # Oop eld wk Oi 683 525 
AU bd CUO RSP ee eee to ie Ri es ih 8 Biers Gals 24 209 eee odes, ae 684 526 
EAC ee ECR er EL ce ore tats te NG og Sa aivi'e is « nha ee hidisea ote 684 527 
INS DOCU ONE COWSPOLESINGH OL CILY (DY 22 ocala st Pe Osi ite Vale geste ot 684 528 
Bese Me LIE DOCEIOLISNED) Vikie cicie dr lac cis nce ata eke. ae Sos 6 & tela. gle pod a sl eleternr 684 528 
to make report. of milk: of diseased COWS... ..... 5000. ces cee cane 684 529 
LO EXER COWS Oter GOTT ONSGCOGITY 62 ce le bis sf olvsles cwledaces 734 791 
VETO— 


of bills—See Ordinances. 


VITAL STATISTICS— 
See Births; Deaths. 


VITRIOL FACTORY— 
See Factory. 


WAGON— 
See Vehicles. 


WALLS— 
See Buildings; Theatre. 


1318 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


WAREHOUSE— PAGE. SEC. 
See Buildings. 
area load, permitted in “constructions wens cine tes ee ees 658 75 
floors to; be: required) to: sustain’ what loadsi.: a: hoe 592 Lis 
privies, vaults! ‘and* water-closets in wrrwn ac ceeiect terete creda Pee ene 691 576 


WARRANTS—See Auditor. 
arrest without—See Workhouse. 


DY. MMAV OT ah PGs he Ore st ccotu eo eegmae a eee = eee 867 1502 
WASHINGTON UNIVERSITY— 
Department: of. .Museummole Hine -Arcsiessceirrcs ies fate eurtee ee rene 548 4 
WATCHMEN— 
in ‘Building. Commissioner's -Department. \4oce eee eee eee { bee Hh 
in hotels and lodging-houses to guard against fire............. 597 191 
in hotels, etc., neglecting duty, misdemeanor.................- 597 192 
in Fire Department f 625 285 
SPO ets ome Meus PPIs ary shila oes 4 Ree aD AL) fy 1 625 287 
for’ SCAVENGED “AUMPS) oo cick) ae Sinks Soe er akede etal ee Ree na ae eee 657 407 
in: Health’ Department) salaries; ta: sch sae aes cas ae eae 750 872 
private, how licensed, conditions of employment................ 912 Iai 
at steam railroad, crossings; trequired oes vere ieee ce eae 946 1852 
for-dump.DOAaAtS ete CAR ere. ale alle ene caine CoP Ma Seat ah Sonta es we tes sy en aE 984 1968 
night, ‘on. NALTDOT-DOa woe Peon Clee taker iewee ae ee eek a ne ee ee 994 2013 
in) Recorder vor Deeds sOTnce.. as oi are pe ene eee ae ee eT ee 1003 2054 
WATER— 
697 589 
filthy,ow hen wnvisance wy seek che ce cica re ta « eeet  eemeen  cen ana et ean 702 616 
703 617 


See Nuisance ; Sewers. 
seepage or leakage from defective drains or pipes.............. 702 615 
ponds—See Nuisance. 
for street-sprinkling—See Street-Sprinkling. 

856 1437 
BAL MATOS asia sp hvala vale ns otto it of he fe neta Me ate to aawale atid oe ect et { 858 1448 
rates and licenses for—See Water Rates and License. 
collection of revenue—See Assessor and Collector of Water Rates. 


2462 
use of city water, when compulsory, procedure, license when 1098 | 2403 


SANICATY MCASUTO Is. ¢ ctscc sie clelotle Cebit s a reiete te eee ak ena aene ance esa 2464 
st 2474 
abuse of: water: privileges, penalty) ete es nn, cae oe ee ee eee 1101 9475 
use of, without license, throwing matter in reservoirs, opening 
DIU; "PIPSS, POCORN a Ota recsienecade anet ctahe Dus eters hele caer iene hy Ree ee ee 1101 2475 
1102 2482 
may. be shut ofsfor whatand) by whonk, vo 1c. ik ote eee 1108 2510 
1109 25138 
same—decisions as to—See note to Sec. 2482..............0c000e 1102 
procuring, after pipershut off, misdemeanoran.. onc ee eee eae 1102 2483 
rates: for, the Us6) OL, CILY awWaler ne aes ce oaerci el oer ete a ee 1103 2487 
rates for) Meter-Use ‘OLS Waters cs el ce es ct eete ch aire oleae eee 1104 2488 
connecticns—See Water Connections. 
WATER BONDS— 
See Bonds (of City). 
WATER COMMISSIONER— 
, AUS 4 ; f 620 271 
powers) respecting drinkin&= Tountainssew ss). oa ae a ee ee 1 620 273 
appointed } by, Mayors cee tawny eee gn creel), tea Ol a 868 1509 
permit from, for sewer and water connection................... 930 1798 
when assistant may act for, on Board Public Improvements.... 967 1909 


letting of work or supplies for water-works by................ 981 1957 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1319 


v 


Index to Scheme, pp. 279-286. 


{inaes to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


WATER COMMISSIONER—Continued. PAGE. SEC. 
Mea Ol. WALGhe DGUaATEIIGH TA atin rig Uae Lie tiie oh cue ie ese ehkee «Bete 981 1958 
Tunlinoqationssand dulled I OP ONGTAle Ge ae e waneey ois ce sid Wee oh siete 981 1958 
in charge water-pipes, reservoirs, meters, fire-plugs, etc........ 981 1958 
to appoint chief mechanical engineer, duties, etc.............. 981 1959 
appoints assistant, and other necessary employes............... 982 1960 
employes for Water-Works Electric Plant and Railway, salary.. 982 1961 
DGTHG ANC MOUSE VS OL etate a eters as ote had a) clues a iik Gre vaca aa as 982 1963 
BALA UVa Tite Ole Ole ioe ree mere re tte sc hiccnie s, ain tar cdy aiainatced oodles 990 1998 
Salar ven DOUUs OL Assi scaD e LOL ied taia clodyticu ist Gisks Win ulne ed 990 2001 
salary and ‘bond chief mechanical engineer...........:......2.. 990 2001 
salaries of Water Department employes................ceceeees 991 2005 
salaries of employes in Water Distribution Department......... 991 2006 
Salaries, of Inecercanid, tap) SY Stell EMDIOVES 4%, 2/5.) e:eutlo'wiele eusiaes vie a 992 2007 
salaries of employes of Inspection Department.................. 992 2008 
salaries of employes of Purifying and Supply System.......... 992 2009 
salaries of employes of High and Low Service Engines Depart- 

BUNGLE tes tey hohe che ext cease ale tine katate cia eile diel iveiar erate ad eB Mane El pitas elem 993 2010 
1102 2482 
WiLell: MAY AciLy OL water Supply frOM Users. 2.0. deel eles { 1102 2483 
authorized make connections with Jefferson Barracks.......... 1107 2501 
1107 2505 

grants permit for attachments to water-works pipes, when..... to to 
1108 2508 
MUAL SUIS Alinta ps wDCLOMSSLOM: TFOM) CLCiad. Gee wine a cle’ ciate hk 1108 2509 
service pipes needing repairing, duties, notice, etc............. 1108 2510 
RPE ILOUEL Vin WLPOTI © ODS LIC Oly) CO DS ce a.0t sic eateries iwipiae 8 cet aeals We acd tip bod THOS ee. 2HLL 
may grant special permits as to service-pipes, etc.............. 1109 2514 

WATER-CONNECTIONS— 
See Pipes; Sewers. 

to be made in advance of street construction................2000- 757 898 
excavations for service pipes not kept open over night......... 762 922 
water stop-cocks, penalty for improper placing................. 812 1244 
under supervision of Supervisor of Plumbing................... 927 1793 
mor; permrtedeplumbers, unless What... oh 6 Fate alee sees. 929 AW aS i 
cannot be made without permits (see also below).............. aes yea 
B. P. I. to recommend and prepare ordinances for.............. 961 1913 
INiiinemele. eCity. Opening Stop COCK, Plus,’ CUC., 269s sche 5 sess 1101 2475 
(1102 2481 
, 4102 2482 


when and for what and by whom may be shut off.............. 1 1102 9483 


(1109 2518 


HOW ASLO DOs mite DEO EH. OL TORTICOTISG. «oi ie u/s! cea nin’ que miele eratels 1105 2491 
Witt) CLlOreOlmra racks OLG.o AULNOPIZEG|s sieve ccs lo't ones, esis wlelslale ers 1107 2501 
persons making, with pipes of water-works, or altering or repair- 

A TUmeGL IR POCA ECMe ats eas, ste Peo ccahehs vonke. WFC .g's Gio eda as 1107 2504 
HPONGEUdaplUMEES CO, DLrOCUTG PeLMIt s,s lee als oe we eipiees ow ebeisle 1107 2505 
application for permit, how made.......... ccc ceeeerrrececcees 1107 2506 
permits for, or alteration, repair, etc. city water pipes, cer- 

tificates required from whom, when issued................-- 1108 2507 
SANG EEO P IBS CU el tube eis, oo vcs aisere Mibib lene le a elale ele asl eles 1108 2508 
taps must be furnished by Water Commissioner, what tapping 

DELIIILLCO rea tee ales ails eee sn eisleie beieG g oS erale i actled bie vile ie 1108 2509 
service pipe, repair needed, failure to repair, water shut off, (1108 2510 

cost how. paid, penalty for failure.............eeeesecesees 1109 2513 
taps, regulations, when main pipe to be plugged..............- 1108 2511 
notice of price of taps to Comptroller: and ‘Auditor. ..0. 2... vs0.s 1109 2512 
when attachments may be cut off from main pipe............. 1109 2513 
service pipe regulations, how laid, material, etC.............+- 1109 2514 
Sizes Of TRUS, Otis oo op a ites ee mittee See rece vee tes ns ap eae 1109 2514 
service pipe regulations, permits from Commissioner, etc...... 1109 2514 


stop-cocks, how made, where placed, regulations, service pipes.. 1110 2515 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


dex to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
In 


Index to State Laws for St. Louwis, pp. 225-256. 

WATER COMMISSIONER—Continued. PAGE. 
street-washers, regulations, stop-box and box..................-. fA la fa 8 
service pipe for building purposes, regulation.................-. Tite 
service -DIPES: SLOD: DOXES ON ‘ora e.2 i tciihons ernie tctenat cae goa te eee ere 1111 
SUPDIY-Dipe:. StOD COCKS On. WHEre os ana meester er ree et ee a Dy Be 
new plumbing work tested, plumber to shut off water.......... Tia 
plumbing work comply with regulations, to be approved by 

Supervisor“ oL* Plumbing sce wee ete tick oie eter eee) eee vig fe la | 
for elevators and other large connections, regulations.......... Litt 
forfire ‘purposes;) must Nave; Metervey . yeas ei ss wise sun nates eneenteee nM Nal | 
same—must have valve, seal, etc., regulations................. 1112 
stand-pipes, Same, TeZulationss tie wetsuits ts siceetecs: stein pete een eee 1112 
plumbers: to..make “weekly retvurms.=).22 05-22) asa + ere ore alee hee 1112 
plumbers’ names not to be permitted to be used by others...... 1112 
permit for tap not issued while fine unpaid or bond not renewed 1112 
general penalty for -violation.of chapter. ONs............5.-s.~+s 1112 


WATER-CRAFT— 


See Boats; Wharf. 


WATER-CLOSETS— 


See Vaults, Privies and Water-Closets. 


WATER DEPARTMENT— 
See Water Commissioner; Water-Works; Assessor and Collector of 


Water Rates; Water Rates. 


WATER LICENSE— 


See Water Rates and Licenses. 


WATER-PIPES— 


See Pipes; Buildings; Water Connections; Water Commissioner. 


WATER RATES AND LICENSES— 


for provisions concerning the Assessor and Collector of, see 
Assessor and Collector of Water Rates. 


to) be: ‘collected | by, WHOM 22.008 hic, coc rere ett Sete ane et 1097 
proceeds and moneys from, when and where deposited......... 1097 
water-license .blanks;; how} signed, eles: . 3... oe eee meee E 1097 


license for, from city, when compulsory as sanitary measure, 1099 
PTOCeed INS Wire es eres ata a ce geet aN ee ee ee 


for swimming  Dathsor/-scnoo0ls. sy ius ee ee 1099 


decisions as to, rights of consumers, when payment of rates is 
held to be under duress, threats of shutting off supply, etc. 


—See note toxvArt-srotiCnap! 3823. eevee ee eee cee 1099 
issued by. Assessor; “how paids: term of .i9 on. wee eee 1100 
licenses; ilo: SpeCi£y: (WHAT WA. eresaie clecns, 2 Seals vues tote eT a ee ee 1100 
division of city into districts, term may be shortened.......... 1100 
rebate: on removal owhen allowed << .. (00.5... eee a ae ee 1100 
rebate in* case. of sre: on premises: 2.) fave tteece eck atns aera eiatees 1100 
use. of “water by -Fires Department... vc <.ssels deloleir chee eee ee 1100 
abuse, of water license privileges, penalty, duty of police....... 1101 
no license except for enclosed premises, right to shut off...... 1101 
license to storekeeper, when, from common hydrant............ 1101 
residents where water-pipe not laid, when licensed, how....... 1101 
when: license,may /bel withheld’ sn.t es eee pies fee ee 1101 
when license to be taken for all purposes................0e00- 1101 
same—when for certain uses and used for others, revocation... 1102 
water shut off for non-payment of license or waste of water.... 1102 
when used for building purposes, same as ordinary license.... 1102 
yearly rates for use of water in respective buildings enumerated 1103 
meter. rates “for: use. OF Water ao cc gee eit ate aie bas eel states fateh cone ane 1104 


méter rates, , fractional Varies sae aclerssclo eee cesash ere wie tUnes phe. uate ste oalat eae 1105 


SEC. 

2516 
2517 
2519 
2518 
2520 


2521 
2522 
2522 
2523 
2524 
2524 
2525 
2526 
2527 


2456 
2457 
2459 
2462 
2463 
2464 


2465 
| to 
2467 


2468 
2469 
2470 
2471 
2472 
2473 
2474 
2476 
2477 
2478 
2479 
2480 
2481 
2482 
2486 
2487 
2488 
2489 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1321 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


WATER RATES AND LICENSE—Continued. PAGE. SEC, 
NOW HLOD-DOS PLM DORON OY NO dG IEBNEG ys bt 47 no eine oe be 1105 2491 
AEE LION paOned cy all OLOeOTiarr se mckede nie oie cusrttsle cis UA Alans noate 1105 2492 
Dresent- schedile | when’ SOCEAIN LO SIOCE co as so xtey is w/e ow) tp ace © mn, 6,08: 1105 2493 
MGlETS WNAY 6s DIOCEd at DUDUG INSTIVIITIONG ss ves ce tose neh Siok san 1106 2494 
where meter used, only one connection with main allowed...... 1106 2495 
hospitals, orphan asylums and charitable institutions pay half 

DECC LO ts i ee aa ie eee eh nde ated Peat n eeatetaid Die dye ele caieia 4.4 OY 1106 2496 
WELOtE Ate eLOLeDUDLICaRC LOO a uaaihn i atid sic .2 diene as rater sade skedele eye 1106 2497 
TTCOCW AUT OTe DULG WALLIS He wate al atita) alerere he ie lk wale ere e te OCU a Spa { aay 
meters to be furnished by Board Public Improvements to con- 

PU TME CRE CUE Cs DAO VECLLY oe ect aik te tec rants woety ate 2b, 0 lara Qieiwe shin! ojos 1106 2498 
MELEE a ier MT OVELTEIIECN Gade ceancrstc civic cpntv eee nik ane Barer dese Katyae le allot b inns 1106 2499 
Baie Tele TS Ate a CLLOrsON. 7. Dal LACKS os ce cieleisiéicieis sms ta eit ale my aig eet 1106 2500 
same—connections by Water Commissioner.............ceeeeees 1107 2501 
Bette “TESOL VALIONAOLS CLC ULSEOY (CILY mics vices eo ets ab cehe oo is sm we sis 378 1107 2502 
violation of article, general penalty... .......csceeeee Sa Oe Oe 1107 2503 


WATERLOO-CARONDELET TURNPIKE AND FERRY CO.— 
See Ferries. 


WATER-TANKS— 
POT MCLNUL TAC Sete etme ee ae Lie as (cao Gate aks, aceubse ere k, we Ses wae vl eee 580 124 
PRMCOUNOCLIONS WILL WALGr CLOSOUS s chi-a.h fue cada ache toh wltpi elevates es 1064 2314 
WATER-WORKS— 
when work for, and supplies to be let like other public work.... 981 1957 
construction of contract for—See note to Sec. 1957............. 981 
POCOMOLLV Os LOT, USO TOlS eee eae bon chek ieee 5 Denes Re Toles tia? cocseta sacs 982 1962 
injuring property of, or throwing matter into reservoir, wasting 
PLOT CLC ace oe eine NTL et Re tte revue ey ater anuie Ie Wek Att aud drare oiscope 1101 2475 


revenue from—See Water Rates and Licenses. 

attachments with pipes of, or repairing, etc—See Water Con- 
nections. 

bonds of and for—See Bonds (of City), ete. 


WEAPONS—See Concealed Weapons; Firearms. 


WEEDS— 
WIGNGH UISAUCR Se Fe ah estas a Rae erate a Rk ae Cb eek be ot Nis 703 619 
weed ordinance sustained—Note to Sec. 619.................226. 703 
620 
rérulations concerning waroges. cet es ss a RAs cae VE Per rca @ Reagan AS 4 703 to 
622 
faPerabelers Cue ey er ee ere a Wed sae or OR Mie EE ORs Lear cr A aNe Sema ayes ae oe i PP 703 623 
street commissioner to remove from city property.............. 704 624 
WEIGHERS— 
Rede by ( 68 S20 
of ‘hay. and. steve, coal welzhinag Nrewood te cs ois Ste es fee e's edinte 1 633 296 
MarketsMasteare atemarkets. £0.00) SOLE. Ss. ioe se us ces bee > ke wns 857 1439 
‘ 868 1509 
off scalese AD DOLULOGeDY 2 MAY OF ors siete ee es eG inl Sie leiare os, vot baled {1119 9555 
to have scales, measures, etc., tested, penalty for failure....... ee, abe 
OL, SCHlOS + Leriia es PONGS- Sst lo Pier er seats thie ccereayeRwbidls Zit awa s eon e's 1119 2555 
COMPELOLIG WE LOU N Ter we lO OURO: Gree ee oe dis te Wik cod. v sesiadeternieia’ se oe 8 1120 2556 
AUD OTIZE UU Dieta V Ge aes od oy Se a hi ats, hale oo kerk es Biers 1120 2557 
of private scales, how appointed, regulations, blanks, tickets, 

DOMGSA GE: hares ae Ree eres teeta ote acre Ghee Marek eee Ne 1120 2558 
HOOKS OLA ONSIUO: INBUOCt LON earner ile stsins accede oe ks b ivualh oe te 1120 2558 
of scales, certain assistants, appointment, salary................ 1120 2559 
responsible for assistants.......... NRE TTT AE he cea sor oe nettetn os 1121 2560 
certain Market-Masters. to act as....... RATA A sho <itoe Seats eta file oni 1121 2561 


what is breach of bend, -Obepu Dic: Grenrivalas.. <deces ee eews aes 1121 2562 


1322 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{inaes to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


WEIGHERS—Continued. PAGE. SEC. 
what. is: misdemeanor Dy 0st, a sacks alels « hotte cee Se ean ee 1121 2562 
same—See also Weights and Measures; Misdemeanor. 
decisions as to—See heading to Chap. 40.2........0...........- its 
forfeit position by two convictions in Police Court.............. Pee Bea 
fees ‘of, penalty for Wwrongitls charee on 6.3 oe ene See ee 1124 2568 
duties? Of; *enumMeratod si vitor echccentlace eae rene tens inte te ig ener Caner sar pracy ued feb. 2570 
having \liquor*at* scales, misdemeanor An. oo. cee eee oe eee 1126 2575 
unauthorized persons acting as, misdemeanor.................. 1126 2577 
persons ‘nterfering: with; misdemeanors ese. ao. cae ee eee 1126 2578 
to ‘have ‘scales tested; how repaired). st ee ec ce ie Coley eee 1127. 2579 
and sureties, not to be interested or deal in articles weighable 
On? scales ees Fe ec ae te) Pa en a 1127 2580 
violation/“of, articleyin= generals sas aie Soe eee eee 1127 2583 
city, portable: scales \ licenses AMOUNT an eee wates ele ereie eee, 1128 2584 
duties of (portable! scales bond 2e7 eee esis eects oie ele a eee 1128 2585 

1128 2584 
portable, without license, penalty, regulations, tested, fees, ete. | to to 
1129 2590 
register'of ‘city),open: for, inspection... .2. neh eee eee 1129 2590 
WEIGHING SCALES— 
See Weighers. 
private, permission from Board Public Improvements.......... 973 1934 
to be tested by Inspector of. Weights and Measures............ 1114 2531 
persons (sing) to) have inspected’ fo as, semis eretseialc aie een Pete 1114 2533 
designation and :localion soft itn col asa) cane ies eens oh 1118 2552 
another, near New City Hall, on Washington Square........... 1119 2553 
chief engineer of City Hall to supervise City Hall scales....... 1119 2554 


same—weighing for Court House, City Hall, Four Courts, Jail.. 1119 2554 
weighers of—See Weighers. 


‘ 1419 2555 
what authorized ee cl sheet oat alete Cie. cae ates ve het aes oe ae 1120 2557 
selling certain articles without weighing on authorized, mis- ¢ 1122 2564 
demeanor: ware Hee ee heed ee eR Ie ARCO ee er te 1126 2576 
driver of wagons may be compelled to go to nearest, penalty 
for false certificate, sale of wagon and contents, fine, etc.... 1123 2567 
persons interested in to make statement to Register, what to 
contain, ‘penalty forsfailure. i ai ee chan ae seer ere eis 1124 2569 
LIQUOT s AL IDLON TILE eee erste ce ia del aaa te setae Reese eee to aes eee ee 1126 2575 
weighing :on illegal) misdemeanor foo... cee ces ole cools crete a ee ee 1126 2576 
nersons: aAbUslyecOr  AIStBYOINS) ALE cua terate ty ue tone i tetene atlas tee 1126 2578 
to. be tested twice a year, repairs Now Mmad@c.n. 2 oe. cee vee a Bs Bey) 2579 
Collector to enforce article........... | aha ROE LUNES euOpu amet en hace 1127, 2582 
general clause making violation misdemeanor.................. 1127 2583 
portablepicity =weighers,vlicensend cy ots ace letenel soe lete ates eretease nie 1128 2584 
WEIGHTS AND MEASURES— 
of firewood—See Firewood. 
of charcoal—See Charcoal. 
of coal, See below, also Coal. 
Inspector of—See Inspector of Weights and Measures. 
examination and seizure by Market-Masters...............-ece. 856 1435 
seizure Of,; DY INSPectOrvor, *Wielia as wees ec heloremee la et vie eee ede oe 1115 2536 
to): be<tested, bye TNSpector ieee siete ie ciel chet hereeoe es erie ee 1114 2531 
open for inspection, penalty for pom eealinent CLC Ac. Gee : 114 2532 
1114 2533 
persons using, to cause inspection, penalty for failure......... 1121 2569 
how: purchasedissupplies ae x.y cvetepeee eed ele seal stated at eee aes eE 1114 2534 
Gry /-MEASULE, “SCAM OA oo areccln esis eects etter ete ar OR etisalat ne ee eee 1115 2535 
use. of; spresumed: from proximity OL .200d8.5 5. ven eee et cee 1115 2536 
false, or unauthorized penalty Sop aeep 
9 VL UMGAUUIUVILIOSUTU PCULMALLY «2 ee se se eee eeseeeeeee ere eeee eee eevee i; 1121 2562 
what: deeméd “yardsticksy pcg ie hoes. 5 cieiele aie tere inlle alas 6 woetahionn oer sha 1115 2537 


fees. for ‘inspection Of ff s.yat sh ce ks ole 2 ees ee ehalelaa Re rei cae ate eee 1115 2538 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1323 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 4638-542. 
| Iades to State Laws for St. Louis, pp. 225-256. 


WEIGHTS AND MEASURES—Continued. PAGE. SEC. 
penalty for alvering «using UNnSstamped, GLC, ices vee ede wales cue male 1115 2538 
feed Tort SubsedUSeNt MspScklONs ora ek uk ee in Ste et ecole, 4 1116 2539 
T6608: INEPSCLINE CNA Ys ONG COA Ee RCOlICRS pate ey ak whl aia cs Bias han sie ie occ 1116 2540 
LOGS LOTR Wele ite cotta aera er etc ete Mia gt ee ate aa Poe wie Bp 1124 2568 
weighing ‘stone-coal, standard “MGAsure oes. cick soe cid acscs e's ote tle oles 1125 2971 
frauds in, short-weights, altering certificate, etc 1126 2578 

; gehts, g POCLC hug MACOS 8 Ciena ae | 1126 O5T4 

DEN RRCOrLUCHLCGSALEOM ICOMDULOLICEs iia wins cate ed we dis eines sabes 1116 2541 
what, of dairymen, hawkers, peddlers, junk or rag dealers, where 

Lime Oem aby VLOT vCal ULe< chr t aeecisiaca hie a ehgiaid ater altts Fake site oe VAT T. 2546 
standard bushel box, sale in violation misdemeanor............ TUuLT 2547 
WIOLAt Om hee era bl MOP SAT ULOLG Olli cea ite ciel ui. eas ce), Bey Piste sew ietic fanaye a Wa Pu Wy ¢ 2548 
standard weights of various grains, seeds and articles.......... 1118 2549 
Paitin Tein DSCICE POLARS TeCLICINUS <a irate oldie mre ato ie alee eleva ve ool Shp a. Fiabe 1118 2550 
corn and oats, standard of, penalty selling otherwise............ 1118 2551 
public scales for—See Weighing Scales. 
decisions on city’s right to regulate—See note to Chap. 40...... TIS 
wagons to sell certain articles to have stamp................... 1122 2565 
BAMEC—NOW AOLLEN WAZODES | WELS NCC ie on ciate vale snelsse «alsin cise 4 Haare ec 1123 2566 


drivers of coal, hay, cereals, etc., may be compelled to have 
weighed, certificate varying true weight, penalties, sale of 


Rint re ROTEL) ES OCC re eee Ue iat em deel ate Ae 1123 2567 
WELLS AND CISTERNS— 
what, reopened by Board of Health........ PUR ies Oral lle tekahehd</ 664 . 449 
RT ERT tn) UE Peek TS CCCeaec ete Comes eee ere Mat mea, OMe dU Era,’ et ol Shera tamale gine ny a 703 618 
authority of city to regulate or reopen—See note to sec. 618..... 703 
WESTERN UNION TELEGRAPH CO.— 
ordinances: affecting—See note to sec. 1095. 6... cue hae etn TTS 
WHARF—See Harbor and Wharf. 
power of city respecting, see note to sec. 345............. 0c eee 636 
VITAL ICOID DUINOS WALLACE pee cre Meee he hie aces oe Garni tc Che abaneie ate) «eee es 636 345 
what comprises harbor—See note to sec. 345...............05. 636 
title to property comprising—See note to sec. 345................ 636 
condemnation of property for, see notes to secs. 345 and 346... .636-637 
decisions.respecting; *seé. note ‘to sec.1b45. 6 li ey 636 
SASTEaTMMOOUTIC Ary LANG OL sa natcaren > ciate Cer aa ieae elton sh the ol wo ahs Ga 37 346 
western boundary line of, see note to sec. 346.................. 637 
Gistanters BU Ge OLUIN ALCS ore A peta cssiotes cle'a V eccke chee skeet Pe nseletn 638 347 
POUNCE BLO POCSIL TN Aer me rater a ar siarens al ther ox tay Penmrtee Sheahan at ee ty cle et 638 348 
DOG itis A DEMO Coa te OU ae week eek eh eteg ol he eed av cl ae ee a eats does Atay se dd 643 349 
TEMOVAl OL DIFICIN eS seOr ScrUCCUTeSs NDE YONG cn. chetcs) ose ciel te ste ghar ees els 643 350 
repeal of former ordinances defining line of................... 643 351 
WALELLCIALEN WiLG CE BLO UT OO Tas Srerreeterte ticrci tie Gi oh te ta tate as a hte kop afovaias: « 643 352 
water craft, may be required. to move...............+..ss00s. { a ste 
boats at—See Boats. 
commissioner ser aparL) landings OL DOaAts Ate. Pande sew seine es «s 645 359 
TOLUIALION Sr Orso Vals OL CDTOPOLey SEPOIl 1 ists cas ae Gin wie care esse, e o 645 360 
removals from wharf, how effected and by whom................ 645 361 
proceedings to sell goods which obstruct wharf................ 646 363 
OXCAVALION Sar MEECOUTOLLOO RAs tetne  Ata tater tte ale a aicraletalace’s ae cious 6 648 369 
TODALT” OL DAVE eC BO eels Aaariiis a baneee cigte ts bead a ecass Ks 0\e'e ahors Wi0hs 648 370 
penalty for violations of regulations respecting................ 648 ya 
TOPOL, CLACOMMM pS ON GlrOlLsDersOrie .USINS sides c's vide ojeta sale a tay eet 649 RYE 
wharfage at—See Wharfage. 
landing places at, for coal, stone, sand, etc., may be let......... 650 378 
‘ } : 650 379 
letting or leasing out unimproved parts Of.............+seeeee- 652 389 
renting, temporarily, When DeTMITled som, ec nw wins ale ie ewer ewes 651 380 
decisions as to leasing out, etc., note to sec. 379........--.20 eee 651 
procedure in renting or leasing unimproved.............-.++-- 642 383 
duntiage ~ DORIMORRy Aly a6 en, wile els cise tence ces aeaneaees 651 381 


Skids On Pee te eee ete Ecler > uccte’ohs cas cee als aes 651 381 


1324 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


{ines to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Louis, pp. 225-256. 


WHARF—Continued. 
wharfboats at—See Wharfboats. 
landings, docks, etc., at 
employment of additional help to keep clean 
ferries at—See Ferries. 


opening, widening, condemning, etc 


proceedings in opening, etc.—See Streets and Highways. 
improvement for, ordinance prepared by B. P. I 
duties and powers of Harbor and Wharf Com’r as to 


WHARFAGE— 


on Jumber and-logs. brought \intratts 27. en ee es eee ee 
ONL TIPO WOOK oe ara tears bees reek ale ala ea UTE rc age Se ee 
on frewood;:' rates#:for. i eae is cienitte las ook oie arene entice eke cee 
failure: to... pay-—+penaltyer wick 5 et ona erat eee 
districts for receiving, measuring and collecting, on cord-wood.. 
deputy commissioner to act as woodmaster...............eeee% 
duties of Harbor and Wharf Com’r in collection of............ 


WHARF-BOATS— 


at’ landings on whart sisi sates Gilet re eke ee ant oe ee 
DOW! FOr ere es es te aad ee ee es Dee AE ee Piet, See ea 
license- for, “how ObtaIneds.e x. casa «eek aces oe eeaea terete eee ee 
storage or forwarding charges prohibited to..................2.. 
NOW: ;TASteNed sie EA Sacks Soham hw see aie be ee lhe eae eee eS es 
bargesimay have privileges: of.) 22 ee ee ee ee ee 
rental } TALES LOTS A, REA shtecstetede ener af rere leven citer atte vaca eae aes 
shall) notvaffect!whartagze: Tatess iar ie one ass soaee te Oe ere ee eee 
tobe: ‘connected “with wharteDy sta cess oc.cs sk mene eee eee 
removal of—failure to comply with chapter..................-. 
unpaidirent: for’ Drivileses MOS Ute wiva wei andss ome Moores See eet ene 
Violating: article, ‘respecting epee cactkas cite vs lols sacntecsiedh la Freee eae ie tene neces 
certainmvordinances | LoOuber posted sOMiies iwc ces a cote cance eee eee 
WHEAT— 
HOW SSO eth ei eae ceca ee Ac ane ee eR a) ana ered ec ee eee 
WHEELBARROW— 
trundling. off on’ sidewalk.) misdemeanGiwsr ace ie wn.c eee 
public-sporters not: to permitt others 10 users see cic ce eee ce 
WHISTLES— 


blowing, misdemeanor, when—See Misdemeanors. 


OLe LPATITOB EST eee Ee Pe ele cate oP Re ees eS eee amen at arer ratte 


WHOOPING COUGH— 
See Contagious or Infectious Diseases. 


WIGGINS FERRY COMPANY— 
See Ferries. 


WILD TURKEY— 


Bale vOLy Ae ea: DEP ee Oe re hee 8 in oo Spice oe OE ee UP 


WINDOWS— ; 
bay or oriel—See Buildings. 
in hotels, apartment houses, etc.—See Buildings. 


WIND-PRESSURE ON BUILDINGS— 
See Buildings. 


9) O18 8S BO 60 R Oe: 010) 26) OD. 6 le BO we, 9% e 6) 6 0) 0) 6) 6.0010) eo a rele, 


eevee ee ee ese ee eevee 


cee ee ee eee ee eee ee eee eee eevee 


eevee ee eee eee eee 


SEC. 


382 
411 


877 
1964 


1913 
1964 


374 
376 
377 
375 
376 
393 
395 
397 
397 
317 
393 
394 
1964 


378 
382 
378 
382 
384 
384 
385 
386 
a87 
388 
388 
389 
390 
391 
392 
1601 


2549 


1245 
1809 


1857 


1481 


INDEX TO REVISED CODE OR GENERAL ORDINANCES. 1325 


v 


Index to Scheme, pp. 279-286. 


{ince to Charter and Notes, pp. 463-542. 
Index to State Laws for St. Lowis, pp. 225-256. 


WIRES, ETC.— PAGE. SEC. 
for electric, etc., purposes—See Electric Wires, Tubes, Conduits 

and Cables. 

WITNESSES—See Fees and Rates; Police Courts; Subpoenas; Mu- 

nicipal Assembly. 

WwooD— 
See Buildings; Fire-Wood; Wharfage. 

WOODEN BUILDINGS—See Buildings. 

WOOD-YARD—See Firewood. 

WORK-HOUSE— 
See Police Courts. 
imprisonment in, when lawful—See decisions in note to sec. 1265 816 
removar.co, by clerk, om failure’ to pay fines, etc... v.60 oo. ew es, 821 1273 
imprisonment in, for failure to pay Police Court fines, ete...... 829 1308 
return to Police Court from, of persons appealing............... 829 1309 
BOnVOVANCOMOLE DLISONere |: COs 1 OWis cla tak arctic cles. cic toiele ea eid le cde 831 1316 
Superintendent appointed by Mayor................ Shee cane: Weare 868 1509 
decisions concerning—See note to Chap. 21......... ccccce cece wis 
ee. UL OLE EMM Rte ar PTE ett Lich car” Di ated uy grimace cnet oun ag ile he udlicien Mera ceed ue 1g 918 1742 
Superintendent of—See Work-House Superintendent. 
prisoners at, duties of Superintendent respecting............... 918 1743 
POCO MmULr LLSOUOLGE AU sere ch, Chad ware iarin dew etre, ies Wee ine eae teal te 919 1744 
TeCcOrd more days OLAWOLReDY <DPISONGrsS. ico is < She cai Sole ree las Be 919 1745 
termination of confinement of prisoners to be noted............ 919 1746 
TLO00 (ANP ESIGEDIN Se NTOVISiONS LON sDTISONGTS.. fim oe oe done os: tev te 5 S13 1749 
food for guards and employes, requisitions, etc................ 919 1750 
what records kept of prisoners committed to.................. 919 TLOL 
disposition of effects of property of prisoners at................ 920 1752 
employment of prisoners at, hours and extra pay..... eee Aa 920 1753 
employment at public work (see herein below). 
decisions as to letting out prisoners on contract with private per- 

SONSwSOhe NOLEMLOESECALL Oot roost cine Ceo eils walle e ae eis 920 
receipts by Supt. for bills given collector for work done by pris- 

OULCTS A eral Greer rece tag. Ute RON Wile ga Rico et ately an thats Tei yu ls 920 1754 
DINS* against DOW AUC eee sais lata ey aie race eahale 'saleleiirara ee siz y! <\3 920 1755 
Treatment (ote disoruerly ~Gretinrulyy DIiSONeTS AL. s.. 5 ieis asta e Meee 920 1756 
decision as to right of city to provide punishment for unruly 

OLSON Ces See OLE MOA SCCNMC LOO ia tar ilae yo ihe eek oie Cie hae Fe 920 
notice to be given whom, when prisoners escape from.......... 921 LIST 
DETAIL LOG Sea DES LEOUl wer irael aiiteciaha aagdehe alesse decrees eieteoee Role, elcid sheics 921 1758 

lis 
credits and forfeitures to prisoners at, in working out fines..... f ee en 
provision refusing credits is void, see decision referred to in 

DGULG ACO SOC we Fo a peer re tot RBar gn ook Ne taverns tes peels a iis S°ke ¢ oe oe) @ 921 
prisoner from Court Criminal Correction allowed one dollar per 

diy. cCredit—Sé6e6 (noteretorsec. L(G ius eh. oe betes oe ea. 922 
DTisGnere, AMOW COU TILOymCeLILg DELe UG vin few aed sic cutis earn vied 6/6 921 1760 
resnlations: LOPMeOnunement Gls DrisOners Ole. fue ee Neaiasls oes wee 921 1760 
prisoner entitled to discharge on paying fine or working out same 921 1761 
intercourse with prisoners at, forbidden—exceptions........... 922 1762 
prisoners, what to have separate apartments.................. 922 1763 
{PeatTMEH WI GLERICE es NTISOMeGTay raat tee ee eats eee a ashen ic cunilete Ca cleta 922 1764 
physician at, may be employed to treat prisoners.............. 922 1765 
same—duties of such physician as to food, etc................. 922 1766 
sick or injured prisoners to be removed to City Hospital....... 923 1767 
employment and discharge of guards or employes at, see Work- 

House Superintendent. 
employment of prisoners on public work by B. P. I............ 923 1770 
shortening term of imprisonment, rewards, etc................ 923 1770 
Board Pub. Imp. to prescribe rules in such cases............... 923 1770 
prisoners, when may be employed on private or public work.... 923 LYE 
proceeds of work of prisoners how collected... ..... 6.6... dees es 923 1771 


arrest of escaped prisoners from, without warrant............. 924 1773 


1326 INDEX TO REVISED CODE OR GENERAL ORDINANCES. 


Index to Scheme, pp. 279-286. 


Index to Charter and Notes, pp. 463-542. 
| Index to State Laws for St. Louis, pp. 225-256. 


WORK-HOUSE—Continued. PAGE. SEC. 
trespass on premises of; helping prisoners escape; interfering 
With iSipt. sae ks panes eee a a er teh 924 1774 
when prisoners at, supplied with clothing. .............0....... 924 1775 
officers ‘at, forbiddenttG dealin. stppliesg seas) ee ae ee 924 Lite 
officers’ to:-be}‘appointed re ue, oe ene es ee 924 LTT 
clerks and ‘gatekeeperssatinwicn tates see he ity rts cer pea ee 924 1778 
924 1779 
salaries and bonds of employes and officers at................. 924 1780 
925 1782 
engineer and:.ASSiStant: ate i.\.. site ease eee ea ten ee ce ence 925 1781 
record‘ of articles sent: to ion frond eee oer ere et ee 925 1783 
prisoners not to be used for loading; exceptions................ 925 1784 
WORK-HOUSE SUPERINTENDENT— 
when to deliver committed prisoner desiring to cae aay acelin tee 829 1309 
enumeration .of;, dutiesic0Ls 22) eee ee oe ne ca ee Cee 918 1743 
residence, property of institution, prisoners, etc............... 918 1743 
record ot. prisoners “Kept DY 20 akc ie eee ches eee ee ie ae er eee 919 1744 
record ‘Of (days }prisOners “WOrk wae see. ee cca eae cee eee ae hee ee 919 1745 
termination; of confinement: to. be moted pyu+ cs. ss a eee is 1746 
to keep what books, accounts kept, report to Comptroller....... ihe 1747 
monthly, requisitions “tombe madeaby... ore te ei eect 919 1748 
food of prisoners at, who looks after ae Liae 
a WU0) LUUKS 4 GEUC Tie tevclcc sisi esri viehisishe) slelels «8 \6 ele enths 1 922 1766 
sleeping apartment, etc., of prisoners to be looked after by...... 919 1749 
performs such other duties as B. P. I. may require............. 919 1749 
to make what records when prisoners committed.............. 919 15L 
employment of prisoners, etc.—See Work-House. 
take receipts and collect bills for work done by prisoners, etc.— 
See Work-House. 
to keep daily accounts of prisoners and work.................. 920 aby 519) 
bills against: work housew Signed DY ws cos ee eee ett eee 920 1755 
Mayor controls, as to punishment of prisoners................2-. 920 1756 
whom to-notify; of (escape OL prisOners (views. 2 sae cise uae ee 921 1757 
ordinance allowing, to extend time of confinement ae refusing 
credit; 1s void—See note: to SeGe 1109 ers ies a late sie eae 921 
may permit holding intercourse with prisoners................ 922 1762 
to notify Supt. of City Hospital: when ‘prisoner-ill, 3.) os. 922 1764 
may employ regulars phy siClaniz we. crea eek altri etal ee eee 922 1765 
removal of, for failure to look after food of prisoners—See note 
TO! SOC. LTO 55 Gc ee a dea arate cat cote Sr aeatat totes) eatin ia anaes Lenemea etn Covet 922 
to send sick or injured prisoners to City Hospital.............. 923 1767 
to discharge and appoint guards or other employes, when....... 923 1768 
what -shallirequire: dischargesot cuards. DY a... 6 oie eee ees 923 1769 
to make full report at each session of Municipal Assembly...... 923 1772 
take precautions against escape; may arrest without warrant.... 924 1773 
may arrest persons trespassing, or aiding prisoners to escape, or 
interfering with Super gies ck oe eee ie one aa ea elas el ene diet ee 924 1774 
forbidden to deal in supplies to Work-House.................... 924 1776 
: 924 By Gra’ 
to appoint what employes at Work-House...................... { 995 1781 
supervision) clerks*and gate keeper. as. 4 sees ee ies ea aa 924 1778 
salary and 2 DONG SOL. miter or wate ol aus brace tks Walle’ eon uaie te, aetna a ean 924 1779 
to keep record of articles received and sent...............eee0- 925 1783 
WORKING-MEN— 
when not included in prohibition beer drinking on street........ 877 1538 


WRECKED BOATS— 
See Boats; Obstructions; Ferries. 


YARD STICKS— 
what constitutes, feess ate uinns a cies, mi cueen nie iain ene ie, Pole ON Lip 2537 


YELLOW FEVER— 
See Contagious or Infectious Diseases. 


ADDENDUM. 


TABLE OF MAYORS, ALDERMEN, DELEGATES AND 
COUNCILMEN OF ST. LOUIS, FROM 
1823 TO 1907. 


NAMES OF PRESIDING OFFICERS ARE IN SMALL CAPITALS, 


(PAGES I TO XXIII.) 


ALSO 


TABLE OF PRESENT MUNICIPAL OFFICERS, 
ELECTED AND -APPOINTED. 


(PAGES XXIII TO XXVII.) 


To MAYORS AND ALDERMEN. 


1823.— WILLIAM CARR LANE, Mayor. 


Robert Walsh, James Loper, James Lakeman, ARCHIBALD GAMBLE, William H. 
Savage, Joshua Barton (died), Thomas McNight, James Kennerly, Phillip Rochel- 
blane, Henry Von Phul, Joseph V. Garnier. 


1824.—WILLIAM CARR LANE, Mayor. 


Bernard Pratte, Pierre Chouteau, Sr., John L. Sutton, Joseph C. Laveille, Hugh 
Richards, JoHN SHACKFORD, Joseph V. Garnier, David V. Walker (died), Matthew 
Kerr, William K. Rule. 


1825.—WILLIAM CARR LANE, Mayor. 


JOSEPH CHARLESS, Sr., Phillip Rochelblane, Elisha S. Beebe, Jacob Hawken, Hugh 
Richards, Hubert Guion, Louis T. Honore, Pierre Chouteau, Alfred Skinner (re- 
signed), Charles Bosseron. 


1826.—WILLIAM CARR LANE, Mayor. 


ARCHIBALD GAMBLE, Asa Wilgus, Thornton Grimsley, William K. Rule, Joseph G 
Laveille, Thomas F. Riddick, Joseph V. Garnier, David B. Hill, Henry Von Phul. 


1827.— WILLIAM CARR LANE, Mayor. 


‘North Ward—Joun MuLLANpPHY, William K. Rule, John D. Daggett. 
Middle Ward—Fred L. Billon, Edw. Charless, Christopher M. Price. 
South Ward—Joseph C. Laveille, John L. Sutton, David B. Hill. 


1828.—-WILLIAM CARR LANE, Mayer. 


North Ward—George H. Kennerly, Michael Reilly, Samuel Hawken. 
Middle Ward—Frederick L. Billon, Edward Charless, JoSEPH C. LAVEILLE. 
South Ward—John L. Sutton, John Smith, John Smith, Jr. 


1829.—DANIEL D. PAGE, Mayor. 


North Ward—John Mullanphy, Michael Reily, Jabez Warner. 
Middle Ward—Edw. Charless, Thomas Cohen, JosepH C. LAVEILLE. 
South Ward—Hubert Guion, Herman L. Hoffman, John L. Sutton. 


1830.—DANIEL D. PAGE, Mayor. 


North Ward—John D. Daggett, William K. Rule, Edward Dobyns. 
Middle Ward—Thomas Cohen, JosepH C. LAVrILLE, Edward Charless. 
South Ward—Elkanah English, Hubert Guion, Herman L. Hoffman. 


1831.—DANIEL D. PAGE, Mayor. 


North Ward—Joseph Bates (resigned), Edward Dobyns, William K. Rule (re- 
signed), Jesse Colburn (resigned), Hugh O’Neil. 

Middle Ward—Peter Ferguson, Josepu C. LAVEILLE, Jabez Warner. 

South Ward—John -Pigott, Michael Rourke, Robert Simpscn. 


1832.—DANIEL D. PAGE, Mayor. 


North Ward—Edward Dobyns, Hugh O’Neil, Solomon P. Ketchum (resigned), 
Robert Moore. 
Middle Ward—Peter Ferguson, JosrepH C. LAVEILLE, Edward Charless. 
South Ward—Michael Rourke (died), Robert Simpson, Cotton M. Tabor, Calvin 
Francis. 
1833.—_ SAMUEL MERRY, Mayer. 


(Disqualified in consequence of holding office under the general government. J. W. 
JOHNSTON, elected mayor in his stead.) 
North Ward—Edward Dobyns, Hugh O’Neil, Jr., Robert Moore. 
Middle Ward—Edw. Charless, Peter Ferguson, JosrpH C. LAVEILLE. 
South Ward—Sullivan Blood, Robert Simpson, Caleb Lockwood. 


MAYORS, ALDERMEN AND DELEGATES. T1T 


1834.—JOHN W. JOHNSTON, Mayor. 


First Ward—Benjamin W. Ayres (resigned), Michael Gorman (resigned), George 
Morton, Benjamin W. Ayres, Wilson Primm. 

Second Ward—Horatio N. Cross, John Shannon, James P. Spencer. 

Third Ward—Thomas Andrews, John F. Darby, Hucu O’NEIn. 

Fourth Ward—Edward Dobyns, Robert N. Moore, Hugh O’Brien. 


1835.—JOHN F. DARBY, Mayor. 


First Ward—George Morton, Wilson Primm, John P. Reily. 

Second Ward—JosrpH CHARLES (resigned), James J. Purdy, JAmes P. SPENCER, 
Joseph C. Laveille. 

Third Ward—Thornton Grimsley, Hugh O’Neil, Dunham Spalding. 

Fourth Ward—Charles Collins, John Lee (removed), Joseph Bates (resigned), 
Solomon P. Ketchum, Bryan Mullanphy. 


1836.—JOHN F. DARBY, Mayor. 


First Ward—George Morton, Wilson Primm, James J. Purdy. 

Second Ward—Thos. Cohen, Joseph C. Laveille, Jas.-P. SPENCER. 
Third Ward—William Preston Clark, Thornton Grimsley, Hugh O’Neil. 
Fourth Ward—Charles Collins, Hugh O’Brien, Bryan Mullanphy. 


1837.—_JOHN F. DARBY, Mayor. 


First Ward—WILSON Primm, Joseph S. Pease, Joseph W. Walsh. 

Second Ward—Thomas Cohen, David B. Hill, James P. Spencer (died), Stuart 
Matthews. 

Third Ward—Thomas B. Hudson, Peter Tiernan, Asa Wilgus. 

Fourth Ward—Charles Collins, Abel Rathbone Corbin, Hugh O’Brien. 


1838.—WILLIAM CARR LANE, Mayor. 


First Ward—Benjamin W. Ayres, Joseph S. Pease, Joseph W. Walsh. 

Second Ward—Louis V. Bogy, Davin Coons, Stuart Matthews. 

Third Ward—Merriwether Lewis Clark, Hugh O’Neil, Peter Tiernan. 

Fourth Ward—Abel Rathbone Corbin (resigned), Hugh O’Brien, John M. Wimer, 
Giles A. Lindley. 


1839.—_- WILLIAM CARR LANE, Mayor. 
Aldermen: 


First Ward—Benjamin W. Ayres, James G. Barry. 
Second Ward—Beverly Allen, Edward Tracy. 
Third Ward—GeEorGE Cooter, John B. Sarpy. 
Fourth Ward—John Lee, Archibald Carr. 


Delegates: 


First Ward—Elkanah English, Charles Coutts (resigned), William Horne, George 
Maguire. 

Second Ward—William Glasgow, Theodore Papin, David B. Hill. 

Third Ward—Bazil W. Alexander, Asa Wilgus, George Trask. 

Fourth Ward—George K. Budd, Abel G. Farwell, Samuel Gaty. 


1840.—_ JOHN F. DARBY, Mayor. 
Aldermen: 


First Ward—James G. Barry, Benjamin W. Ayres. 

Second Ward—BEVERLY ALLEN (resigned), Apam L. Mitts, Thomas Cohen. 
Third Ward—William Burd, Archibald E. Orme. 

Fourth Ward—Archibald Carr, Horatio N. Davis. 


Delegates: 
First Ward—Elkanah English, George Maguire, Hiram Shaw. 
Second Ward—Edw. Brooks, James Clemens, Stewart Matthews. 
Third Ward—Thomas Dresser, George Trask, Thomas H. West. 
Fourth Ward—George K. Budd, Samuel Gaty, David Weston. 


LV MAYORS, ALDERMEN AND DELEGATES. 


1841—JOHN D. DAGGETT, Mayor. | 


Aldermen: 
First Ward—John Corcoran (resigned), James C. Lynch, Brannock Jones. 
Second Ward—B. W. Ayres, Stewart Matthews. 
Third Ward—Thomas Cohen, A. L. MILLs. 
Fourth Ward—Archibald E. Orme, James H. Lucas. 
Fifth Ward—Robert Cathcart, Samuel Gaty. 


Delegates: 
First Ward—Joseph M. Magehan, Daniel H. Donovan, Thomas Denny. 
Second Ward—Elkanah English, Hiram Shaw, Henry McKee (resigned), Edward 
Walker. 
Third Ward—Henry S. Coxe, Epw. Brooks, Henry E. Stone. 
Fourth Ward—Thomas H. West, George Trask, Ebenezer Young. 
Fifth Ward—Thomas H. Duncan, Theodore Lebeaume (resigned), A. R. Corbin, 


John M. Wimer. 


: 1842.—_-GEORGE MAGUIRE, Mayor. 
Aldermen : 

First Ward—James C. Lynch, William B. Wood. 

Second Ward—JAmes G. Barry, Nathan Ranney. 

Third Ward—Edward Brooks, Apam L. Mitts (resigned), Adam B. Chambers. 

Fourth Ward—Archibald E. Orme, Joseph B. Crockett (resigned), B. S. Hollings- 
worth. 

Fifth Ward—John M. Wimer (resigned), Samuel Gaty (resigned), C. Campbell, 
Charles Todd. ' 


Delegates: 

First Ward—Daniel H. Donovan (resigned), Thomas Denny (resigned), Henry 
C. Lynch, John C. Mueller, John Stewart. 

Second Ward—Hiram Shaw, Ezra O. English, Ellis Wainwright. 

Third Ward—George K. McGunnegle, Francis Jones, William H. Jones (resigned), 
Beriah Cleland. 

Fourth Ward—Vital M. Garesche, Louis A. Lebeaume, J. S. Wood. 

Fifth Ward—Abel R. Corbin, T. O. DuNcAN, Chas. R. Anderson. 


1843.—JOHN M. WIMER, Mayor. 
Aldermen: 
First Ward—Matthias Steitz, John Withnell. 
Second Ward—WILSON Primm, Stuart Matthews (resigned), John Black. 
Third Ward—Edward Charless, Louis A. Lebeaume. 
Fourth Ward—Luther M. Kennett, John B. Camden. 
Fifth Ward—Anthony Bennett, Thomas Watson. 
Sixth Ward—Joseph S. Hull, William S. Stamps. 


Delegates: 
First Ward—Jacob Smith, James Caldwell. 
Second Ward—Ellis Wainwright, Charles Bobb. 
Third Ward—George K. McGunnegle, Francis Jones. 
Fourth Ward—GeorGcE A. Hypr, John Finney. 
Fifth Ward—Abel R. Corbin, Rufus Kayser. 
Sixth Ward—Charles R. Anderson, Jacob Tice. 


1844—BERNARD PRATTE, Mayor. 
Aldermen: 
First Ward—Matthias Steitz, John Withnell. 
Second Ward—John Black, Ellis Wainwright. 
Third Ward—Epwarp CHARLESS, George K. McGunnegle. 
Fourth Ward—Luther M. Kennett, John B. Camden. 
Fifth Ward—Thomas Watson (resigned), Archibald Carr, J. W. Ormsbee. 
Sixth Ward—William S. Stamps, George Mead. 


Delegates: 
First Ward—John Corcoran, Edward Warrens. 
Second Ward—Charles Bobb, GrorcE Morton. 
Third Ward—David Chambers, Francis Jones. 
Fourth Ward—George A. Hyde, Charles Todd. 
Fifth Ward—Samuel Knox, Charles J. Carpenter. 
Sixth Ward—James Gordon, Hugh Rose. 


MAYORS, ALDERMEN AND DELEGATES. V 


1845.—BERNARD PRATTE, Mayor. 
Aldermen: 


First Ward—Matthias Steitz, Daniel H. Donovan. 

Second Ward—Ellis Wainwright (resigned), James G. Barry, B. W. Ayres. 

‘Third Ward—George K. McGunnegle, Edward Charless. 

Fourth Ward—Henry D. Bacon (resigned), Luther M. Kennett, Charles Collins, 
John B. Higdon (in lieu of Collins). 

Fifth Ward—ARCHIBALD CarRR, George K. Budd. 

Sixth Ward—George Mead, John Hall. 


Delegates: 


First Ward—Edward Warrens (resigned), Amadee Valle, Ezra O. English. 

Second Ward—Thomas B. Targee, Robert Holmes. 

Third Ward—Singleton H. Kimmel, William Glasgow, Sr. 

Fourth Ward—Charles Hequembourg, Isaac T. Greene (resigned), Charles M. 
Valleau. 

Fifth Ward—SaMuvueEL Knox, Charles Jabine. 

Sixth Ward—Henry Loane, Nathaniel Childs, Jr. 


1846.—PETER G. CAMDEN, Mayor. 


Aldermen: 


First Ward—Matthias Steitz, Daniel H. Donovan (resigned), George Maguire. 

Second Ward—James G. Barry, Daniel D. Page. 

Third Ward—Edward Charless, Adam L. Mills. 

Fourth Ward—Luther M. Kennett (resigned), John B. Higdon, Stephen W. 
Adreon. 

Fifth Ward—GeorGE K. Bupp, Reuben Knox. 

Sixth Ward—John Hall, Nathaniel Childs, Sr. 


Delegates: 


First Ward—A. Valle (resigned), W. Tighe, John Dunn. 

Second Ward—C. P. Morse, Robert Holmes. 

Third Ward—S. H. Kimmet (resigned), W. Glasgow, Jr. (resigned), P. C. More- 
head, James Glasgow. 

Fourth Ward—C. HEQUEMBOURG, C. M. Valleau. 

Fifth Ward—John Whitehill, James H. White. 

Sixth Ward—Joseph S. Hull, Robert B. Bell. 


1847.—BRYAN MULLANPHY, Mayor. 


Aldermen: 


First Ward—GeEorGE Maauire, Richard S. Blannerhasset. 

Second Ward—l. D. Page (resigned), J. G. Shelton, Wilson Primm. 
Third Ward—Adam L. Mills, James Glasgow. 

Fourth Ward—lIsiah Forbes, Samuel Hawken. 

Fifth Ward—Reuben Knox, L. Riggs (resigned), Louis Bach. 

Sixth Ward—Nathan Childs, Reuben B. Austin. 


Delegates: 


First Ward—Jacob Smith, H. C. Lynch. 

Second Ward—J. P. Thomas, E. W. Decker (died), Louis DuBreuil. 
Third Ward—W. H. Jones, William Robb. 

Fourth Ward—G. A. MAGEHAn, J. H. Lightner. 

Fifth Ward—A. P. Ladue, Hugh Rose. 

Sixth Ward—D. W. Dixon, R. N. Moore. 


1848.—_ JOHN M. KRUM, Mayor. 


Aldermen: 


First Ward—R. S. Blannerhasset (resigned), GEorcE MaauirE, Edward Haren. 

Second Ward—John G. Shelton, George R. Taylor (resigned and re-elected). 

Third Ward—Games Glasgow, Adam L. Mills, Daniel D. Page (to fill vacancy). 

Fourth Ward—Samuel Hawken (resigned), James H. White, Demetrius R. Ma- 
gehan. 

Fifth Ward—Louis Bach, Robt. Cathcart (vacated seat), T. J. Beirne. 

Sixth Ward—Reuben B. Austin, Isaac H. Sturgeon. 


Val: MAYORS, ALDERMEN AND DELEGATES. 


Delegates: 
First Ward—HeEnry C. Lyncu, A. C. Cordes. 
Second Ward—Jacob P. Thomas, Edward E. Hunter. 
Third Ward—Thomas Cohen, Charles Robb. 
Fourth Ward—William M. Morrison, Joseph F. Franklin. 
Fifth Ward—Thomas Jackson, Frederick Laumann. 
Sixth Ward—Thomas Harsant, Erastus Wells. 


1849.—_ JAMES G. BARRY, Mayor. 
Aldermen: 
First Ward—Grorce Macuire, (resigned), Edward Haren (resigned), William 
Freund, John Dunn. 
Second Ward—William Palm, George R. Taylor. 
Third Ward—Daniel D. Page, Adam L. Mills. 
Fourth Ward—C. M. Valleau, William Robb. 
Fifth Ward—Thomas J. Beirne, J. B. Gibson. 
Sixth Ward—Henry Holmes, Isaac H. Sturgeon. 


Delegates: 


First Ward—H. C. Katz, William R. Price. 

Second Ward—J. P. Thomas, William Walton. 

Third Ward—D. R. Mason, FRANCIS JONES. 

Fourth Ward—R. Kayser, George W. Rucker. 

Fifth Ward—Peter Miller (died), George Bushey, Thomas Harsant. 
Sixth Ward—A. Ward (died), H. Overstolz, Willis R. Pritchard. 


1850.—LUTHER M. KENNETT, Mayor. 
Aldermen: 


First Ward—John Dunn, R. S. Blennerhasset. 

Second Ward—William Palm, Louis DuBreuil. 

Third Ward—Joseph Charless, John J. Anderson. 

Fourth Ward—C. M. VALLEAU, John W. Rucker. 

Fifth Ward—J. B. Gibson (resigned), J. S. Freligh (resigned), Charles H. Pond, 
E. C. Blackburn. 

Sixth Ward—Henry Holmes, Isaac H. Sturgeon. 


Delegates: 


First Ward—Stephen Stock, Frederick W. Beckwith. 

Second Ward—Benjamin B. Chamberlin (died), E. B. Taylor, William Smith. 
Third Ward—William Carroll, C. Edmund Lebeaume. 

Fourth Ward—Edwin Smith, Grorce TRASK. 

Fifth Ward—John Shore (resigned), George Bushey, C. L. Holthaus. 

Sixth Ward—Henry Overstolz, Willis R. Pritchard. 


1851.—LUTHER M. KENNETT, Mayor. 
Aldermen: ° 


First Ward—John C. Degenhardt, Henry C. Lynch. 
Second Ward—William Palm, Robert Clarkson. 

Third Ward—John J. Anderson, Louis A. LEBEAUME. 
Fourth Ward—George W. Rucker, Edward C. Blackburn. 
Fifth Ward—Charles W. Lightner, Charles H. Pond. 
Sixth Ward—Henry Overstolz, Thomas L. Sturgeon. 


Delegates: 


First Ward—George Bremermann, Samuel B. Pilkington. 

Second Ward—J. T. Moore (resigned), Phillip B. Reily, John McDowell. 
Third Ward—Joshua W. Owings, David R. Risley. 

Fourth Ward—Rurus Kayser, Benjamin C. Farrar. 

Fifth Ward—George Bushey, JAMES McNIcHOoL (resigned), Garrison. 
Sixth Ward—Daniel Crouse (died), Stewart McKee, John Brotherton. 


1852.— LUTHER M. KENNETT, Mayor. 
Aldermen: 


First Ward—John C. Degenhardt, Henry C. Lynch. 

Second Ward—Philip B. Reily, Robert Clarkson. 

Third Ward—John J. Anderson (resigned), Louis A. Lebeaume, George K. Budd 
Fourth Ward—George W. Rucker, Epwarp C. BLACKBURN. 

Fifth Ward—Thomas J. Beirne, Charles W. Lightner. 

Sixth Ward—Thomas L. Sturgeon, John W. Thornburgh. 


MAYORS, ALDERMEN AND DELEGATES. VII 


Delegates: 


First Ward—Samuel B. Pilkington, Frederick B. Sanguinette. 

Second Ward—C. C. Simmons, Charles Mehl (resigned), Martin Dubbs. 
Third Ward—Davip R. Ristey, W. Joshua Owings. 

Fourth Ward—J. K. Burtis, James Ham. 

Fifth Ward—Thomas Harsant, W. R. Pritchard. 

Sixth Ward—Daniel G. Taylor (resigned), Cyrus Spear, John Sexton, Jr. 


1853.—_-JOHN HOW, Mayor.: 


Aldermen: 


First Ward—John C. Degenhardt, Samuel B. Pilkington. 

Second Ward—Philip B. Reily, Cornelius Campbell. 

Third Ward—Louis A. Lebeaume (resigned), David R. Risley (resigned), William 
M. McPherson, Theophile Papin. 

Fourth Ward—Edward C. Blackburn, John Hartnett. 

Fifth Ward—TuHomas J. BEIRNE, Eneas McFaul. 

Sixth Ward—John W. Thornburgh, Alfred Heacock. 


Delegates: 


First Ward—George W. Sherrick, CHARLES W. GOTTSCHALK. 
Second Ward—Charles A. Clark, John H. Rohlf. 

Third Ward—lIsaac M. Veitch, Charles H. Tillson. 

Fourth Ward—James Ham, Franklin Weston. 

Fifth Ward—Davis Moore, George Kyler. 

Sixth Ward—Charles W. Horn, James Graham. 


1854.—_ JOHN HOW, Mayor. 


Aldermen: 


First Ward—S. B. Pilkington, C. W. Gottschalk. 
Second Ward—CorRNELIUS CAMPBELL, Philip B. Reily. 
Third Ward—Theophile Papin, Daniel G. Taylor. 
Fourth Ward—Edward G. Blackburn, John Hartnett. 
Fifth Ward—Eneas McFaul, Norman J. Colman. 
Sixth Ward—J. W. Thornburgh, Albion T. Crow. 


Delegates: 


First Ward—George W. Sherrick, H. J. Hillsdorf. 
Second Ward—Charles A. Clarke, Henry Graefenkamp. 
Third Ward—Isaac M. Veitch, Charles H. Tilson. 
Fourth Ward—Franklin Weston, Joshua Houston. 

Fifth Ward—David Moore, GEORGE KYLER. 

Sixth Ward—John Sexton, Jr., John H. Niermeyer. 


1855.— WASHINGTON KING, Mayor. 


Aldermen: 


First Ward—C. W. Gottschalk, George W. Sherrick. 

Second Ward—Philip B. Reily, Henry B. Belt. 

Third Ward—Daniel G. Taylor, Erastus Wells. 

Fourth Ward—E. C. Biackburn (died), Franklin Weston, John Shore. 
Fifth Ward—N. J. Coleman, George Kyler. 

Sixth Ward—J. W. THornpurGH, John Sexton, Jr. 


Delegates: 


First Ward—H. J. Hillsdorf, Christian Staehlin. 

Second Ward—Henry Graefenkamp, Thomas M. Wannell. 
Third Ward—James F. Small, CHARLES H. TILSON. 

Fourth Ward—Joshua Houston, Jesse W. Heath. 

Fifth. Ward—William S. Cuddy, Charles E. Loring. 

Sixth Ward—James H. Vail, Benjamin L. VanCourt. 


VIII MAYORS, ALDERMEN AND DELEGATES. 


1856.—JOHN HOW, Mayor. 


Aldermen: 

First Ward—Godfrey Schoenthaler (resigned), Henry C. Lynch, David Bayles. 

Second Ward—Cornelius Campbell (resigned), Chas. W. Gottschalk, Brannock 
Jones. 

Third Ward—C. C. Simmons, William Palm. 

Fourth Ward—Gerorce R. Taytor, John Kern (died), Amadee Valle. 

Fifth Ward—Erastus Wells, Charles H. Tillson. 

Sixth Ward—John Shore, Unit Rasin. 

Seventh Ward—Patrick Deegan (died), Henry Dusenbury. 

Eighth Ward—C. D. Colman, George Kyler. 

Ninth Ward—James Graham, Charles W. Horn. 

Tenth Ward—Henry Overstolz, Charles R. Anderson. 


Delegates: 


First Ward—Henry Olmstead, Henry C. Katz. 

Second Ward—John H. Amelung, Henry Graefenkamp. 

Third Ward—Gerhard Schepmann, Theophile Papin. 

Fourth Ward—SAaMvUEL Simmons, Smith Litchfield. 

Fifth Ward—John F. Long, C. C. McClure. 

Sixth Ward—Jesse W. Heath (resigned), Augustus Pomeroy, Edward S. Wheaton. 
Seventh Ward—W. S. Bachmann, C. Tiernan. 

EKighth Ward—John C. Vogel, Davis Moore. 

Ninth Ward—William McKee, Robert Grahan. 

Tenth Ward—Andrew Getty, Daniel McGill. 


1857.—JOHN M. WIMER, Mayor. 
Aldermen: 
First Ward—Henry C. Lynch, L. Babcock. 
Second Ward—John H. Fisse, Brannock Jones. 
Third Ward—C. C. Simmons, R. N. Renick. 
Fourth Ward—Geroracr R. Taytor, Amadee Valle. 
Fifth Ward—Charles Tillson, Erastus Wells. 
Sixth Ward—John Shore, C. C. McClure. 
Seventh Ward—Charles G. Stifel, E. M. Powers. 
HKighth Ward—C. D. Colman, George Kyler. 
Ninth Ward—James Graham, Charles W. Horn. 
Tenth Ward—Charles R. Anderson, John Sexton. 


Delegates: 


First Ward—James Gorman, Henry Olmstead. 

Second Ward—Theophile Papin (resigned),°*Thomas S. Nelson, William D’Oench. 
Third Ward—E. P. Tony, J. H. Graefenkamp. 

Fourth Ward—Samuel Simmons (resigned), Fred Buschman, Sol. J. Levi. 
Fifth Ward—A. D. Pomeroy, John W. Burd. 

Sixth Ward—James H. McClure, Thomas R. Axtell. 

Seventh Ward—Thomes J. Dailey, Robert Kinnear. 

Eighth Ward—Joun C. Voce, Davis Moore. 

Ninth Ward—wWilliam McKee, Conrad Doll. 

Tenth Ward—Felix A. McDonald, James R. Dobyns. 


1858—OLIVER D. FILLEY, Mayor. 
Aldermen: 
First Ward—L. Babcock, Thomas Allen. 
Second Ward—Brannock Jones, F. W. Cronenbold. 
Third Ward—R. M. Renick, J. H. Graefenkamp. 
Fourth Ward—Amadee Valle, John G. Shelton. 
Fifth Ward—Erastus Wells, Charles Tillson. 
Sixth Ward—S. W. Adreon, C. C. McClure. 
Seventh Ward—Thomas J. Dailey, F. W. Corbitt. 
Highth Ward—GerorcE KytLer, John C. Vogel. 
Ninth Ward—Charles W. Horn, Patrick Gorman. 
Tenth Ward—John Sexton, James Doyle. 


MAYORS AND COUNCILMEN.. bb 


Delegates: 


First Ward—Frederick Hohenschildt, Henry Almstedt. 

Second Ward—TuHomas S. Netson, J. G. Vogel. 

Third Ward—Philip H. Bishop, William Horine (resigned), George Bayha. 
Fourth Ward—Sol. J. Levi, Ira Stout (resigned), John Young. 

Fifth Ward—Bernard Platte, Jr., Peter Ames. 

Sixth Ward—James S. Wilgus, Dwight Durkee. 

Seventh Ward—John J. Wilshusen, Jesse W. Heath. 

Eighth Ward—Davis Moore, Horatio Wood. 

Ninth Ward—Daniel McGill, Caspar Stolle. 

Tenth Ward—James R. Dobyns, Nicholas Hatch. 


1859.—OLIVER D. FILLEY, Mayor. 


Councilmen: 


First Ward—Thomas Allen, Henry Kayser. 

Second Ward—F. W. Cronenbold, Thomas S. Nelson. 

Third Ward—J. A. Graefenkamp, Theophile Papin. 

Fourth Ward—J. H. Shelton (resigned), Grorak R. Taytor, John H. Andrews. 
Fifth Ward—Charles H. Tillson, Erastus Wells. 

Sixth Ward—S. W. Adreon, Dr. S. B. Burnett. 

Seventh Ward—Francis H. Manter, Casper H. Holthaus. 

HKighth Ward—John C. Vogel, George Kyler. 

Ninth Ward—Patrick Gorman (resigned), Caspar Stolle, John Reilly. 

Tenth Ward—James Doyle, John Sexton, Jr. 


1860.—OLIVER D. FILLEY, Mayor. 


Councilmen: 


First Ward—Henry Kayser (resigned), Thomas C. Chester, Joseph H. Locke. 
Second Ward—Thomas S8. Nelson, F. W. Cronenbold. 

Third Ward—Theophile Papin (resigned), G. W. Dreyer, P. A. Ladue. 

Fourth Ward—Jotham Bigelow, John H. Andrews (resigned), Thos. Burke. 
Fifth Ward—Erastus Wells, Joseph H. McBride. 

Sixth Ward—Dwight Durkee, S. W. Adreon. 

Seventh Ward—F. H. MAntTeErR, J. W. Crane. 

Eighth Ward—George Kyler, John C. Vogel. 

Ninth Ward—Caspar Stolle, Isaac T. Greene. 

Tenth Ward—John Sexton, Jr. (resigned), L. W. Mitchell, Thomas M. Speers. 


1861.—DANIEL G. TAYLOR, Mayor. 


Councilmen: 


First Ward—Thomas C. Chester, J. Gabriel Woerner. 
Second Ward—F. W. Cronenbold, Thomas S. Nelson. 
Third Ward—G. W. Dreyer, John F. Thornton. 

Fourth Ward—Thomas Burke, Robert M. Funkhouser. 
Fifth Ward—Joseph H. McBride, Erastus WELLS. 
Sixth Ward—»s. W. Adreon, Dr. S. B. Burnett. 
Seventh Ward—J. W. Crane, Earl Matlack. 

Eighth Ward—John C. Vogel, Robert Thornburgh. 
Ninth Ward—Isaac T. Greene, Patrick Driscoll. 

Tenth Ward—L. W. Mitchell, Thomas M. Speers. 


1862.—-_D ANIEL G. TAYLOR, Mayor. 


Councilmen: 
First Ward—J. GABRIEL WOERNER, John C. Rust. 
Second Ward—Thomas S. Nelson, F. W. Cronenbold. 
Third Ward—John F. Thornton, G. W. Dreyer. 
Fourth Ward—Robert M. Funkhouser, Tony Niederwieser. 
Fifth Ward—Erastus Wells, John Cairns. 
Sixth Ward—J. B. Burnett, Joshua Cheever. 
Seventh Ward—Earl Matlack, Thomas J. Dailey. 
BHighth Ward—Robert Thornburgh, Charles W. Horn. 
Ninth Ward—FPatrick Driscoll, Solon Stark. 
Tenth Ward—Thomas M. Speers, Aaron W. Fagin. 


oe MAYORS, COUNCILMEN AND ALDERMEN. 


18638.—CHAUNCEY I. FILLEY, Mayor. 


Councilmen: 


First Ward—John C. Rust, J. Gabriel Woerner. 

Second Ward—F. W. CroNENBOLD, Charles W. Gottschalk. 

Third Ward—G. W. Dreyer, Hermann Schepman. 

Fourth Ward—Tony Niederwieser, Henry McKee. 

Fifth Ward—John Cairns, Erastus Wells. 

Sixth Ward—Joshua Cheever, Samuel Plant. 

Seventh Ward—Thomas J. Dailey, Fred Doerning. 

Kighth Ward--—Charles W. Horn, John Grether. 

Ninth Ward—Solon Stark, Patrick Driscoll. 

Tenth Ward—Aaron W. Fagin, Benjamin Charles (resigned), Chas. Sessinghaus 
(died). 


1864.—_JAMES S. THOMAS, Mayor. 


Councilmen: 


First Ward—J. G. Woerner, A. Krieckhaus. 

Second Ward—Charles W. Gottschalk, Henry C. Gempp. 
Third Ward—Hermann Schepman, Amadee Valle. 
Fourth Ward—A. S. W. Goodwin, Tony Niederwieser. 
Fifth Ward—Erastus Wells, John Cairns. 

Sixth Ward—Samuel Plant, Joshua Cheever. 

Seventh Ward—Jesse W. Heath, Henry Stagg. 

Eighth Ward—JoHN GRETHER, Charles W. Horn. 
Ninth Ward—Patrick Driscoll, Daniel McAuliffe. 
Tenth Ward—Charles Schoenbeck, Charles Borg. 


1865.—_JAMES S. THOMAS, Mayor. 


Councilmen: 


First Ward—A. Krieckhaus, Christopher A. Stifel. 

Second Ward—HHenry C. Gempp, F. W. Cronenbold (resigned), Louis Gottschalk. 
Third Ward—Amadee Valle, Herman Schepman. 

Fourth Ward—Tony Niederwieser, A. S. W. Goodwin (resigned and re-elected). 
Fifth Ward—John Cairns, Erastus Wells. 

Sixth Ward—Joshua Cheever, Samuel Plant. 

Seventh Ward—Henry Stagg (resigned), John O’Brien, Charles F. Walther. 
Eighth Ward—Charles W. Horn, JOHN GRETHER. 

Ninth Ward—Daniel McAuliffe, Patrick Driscoll. 

Tenth Ward—Charles Borg, Charles Schoenbeck. 


1866.—JAMES S. THOMAS, Mayor. 


Aldermen: 


First District—A. Krieckhaus, Isidore Bush. 

Second District—John F. Thornton, John Finn. 

Third District—Erastus Wells, M. J. Hartnett. 

Fourth District—J. Philip Krieger, William Frudeneau. 
Fifth District—P. Driscoll, H. C. Brokmeyer. 


Delegates: 


First Ward—C. August Stifel, August Etling. 
Second Ward—Louis Gottschalk, Christ Overbeck. 
Third Ward—Phil. H. Bishop, James R. Lake. 
Fourth Ward—Peter G. Gerhardt, Elon G. Smith. 
Fifth Ward—John Cairns, Hampton Woodruff. 

Sixth Ward—Henry D. Belt, Ewing C. Ketchum. 
Seventh Ward—R. D. Lancaster, John Houston. 
Eighth Ward—William Henry, Ed. Herzog. 

Ninth Ward—James Ashworth, Daniel McAuliffe. 
Tenth Ward—Robert S. King, Edgar A. Richardson. 


MAYORS AND COUNCILMEN. 


1867.—JAMES S. THOMAS, Mayor. 
Councilmen: 


First Ward—August Etling. 

Second Ward—A. Krieckhaus, John C. Fink. 

Third Ward—Charles W. Gottschalk, Henry Amelung. 
Fourth Ward—George Friederich, Anthony Ittner. 
Fifth Ward—Tony Niederwieser, David Powers. 
Sixth Ward—Erastus Wells, Charles A. Mantz. 
Seventh Ward—George Babcock, Chas. W. Horn. 
Eighth Ward—R. D. Lancaster, William Bosbyshell. 
Ninth Ward—Joun O’Brien, Sol. J. Quinlivan. 
Tenth Ward—Patrick Driscoll, M. W. Hogan. 
Eleventh Ward—Charles Schoenbeck, H. S. Parker. 
Twelfth Ward—Charles F. Borg. 


1868.—JAMES S. THOMAS, Mayor. 
Councilmen: 


First Ward—August Etling. 

Second Ward—A. Krieckhaus, F. Cratz. 

Third Ward—Charles W. Gottschalk, Henry Amelung. 
Fourth Ward—Anthony Ittner, George Friedrich. 
Fifth Ward—Elon G. Smith, David Powers. 

Sixth Ward—Erastus Wells, Charles A. Mantz. 
Seventh Ward—James Coff, George Babcock. 
Eighth Ward—J. McCord, William Bosbyshell. 
Ninth Ward—John O’Brien, Sol. J. Quinlivan. 
Tenth Ward—P. Driscoll, M. W. Hogan. 

Eleventh Ward—Charles Schoenbeck, J. M. Jordan. 
Twelfth Ward—Horace Fox. 


1869.—NATHAN COLE, Mayor. 
Councilmen: 


First Ward—Archibald Douglas. 

Second Ward—Fred Cratz, A. Krieckhaus. 

Third Ward—H. H. Smith, Charles W. Gottschalk. 
Fourth Ward—F. G. Fitzgerald, George Friedrich. 
Fifth Ward—David Powers, Elon G. Smith. 

Sixth Ward—Charles A. Mantz, Samuel Pepper. 
Seventh Ward—James Coff, Henry C. Yaeger. 
Eighth Ward—James McCord, William Bosbyshell. 
Ninth Ward—John O’Brien, Henry Hannibal. 
Tenth Ward—Patrick Driscoll, M. W. Hogan. 
Eleventh Ward—John M. Jordan, William K. Patrick. 
Twelfth Ward—Samuel B. Stannard. 


1870.—NATHAN COLE, Mayor. 
Councilmen: 


First Ward—Fred. Hill, Archibald Douglas. 
Second Ward—A. Krieckhaus, F. Cratz. 

Third Ward—H. H. Smith, Charles W. Gottschalk. 
Fourth Ward—George Friederich, George Bain. 
Fifth Ward—David Powers, Elon G. Smith. 

Sixth Ward—Samuel Pepper, S. H. Laflin. , 
Seventh Ward—Henry C. Yaeger, D. B. Gale. 
Eighth Ward—William Bosbyshell, John O’Brien. 
Ninth Ward—Henry Hannibal, John O’Brien. 
Tenth Ward—M. W. Hogan, L. S. Bargen. 
Eleventh Ward—W. K. Patrick, H. Overstolz. 
Twelfth Ward—Samuel B. Stannard, Henry Schwaner. 


XII MAYORS AND COUNCILMEN. 


1871—_JOSEPH BROWN, Mayor. 
Councilmen: 


First Ward—H. J. Hinsman, Archibald Douglas. 
Second Ward—A. Krieckhaus, Fred Cratz. 
Third Ward—Charles W. Gottschalk, J. H. Amelung. 
Fourth Ward—George Bain, James Tiernan. 
Fifth Ward—ELon G. SmiTH, Jeremiah Ryan. 
Sixth Ward—Charles A. Mantz, James Garvin. 
Seventh Ward—Henry C. Yaeger, D. B. Gale. 
Eighth Ward—James C. Rogers, John O’Brien. 
Ninth Ward—Hugh Hawkins, John O’Brien. 
Tenth Ward—L. S. Bargen, Michael Madden. 
Eleventh Ward—Henry Overstolz, W. K. Patrick. 
Twelfth Ward—s. B. Stannard, H. Rechtien. 


1872.—_ JOSEPH BROWN, Mayor. 
Councilmen: 


First Ward—A. McHose, H. J. Hinsman. 

Second Ward—Augustus Krieckhaus, John Pauly. 
Third Ward—August Koch, J. H. Amelung. 

Fourth Ward—George Bain, James Tiernan. 

Fifth Ward—HElon G. Smith, Jeremiah Ryan. 

Sixth Ward—James Garvin, Lewis V. Boey. 

Seventh Ward—Henry C. Yaeger, William Currie. 
Eighth Ward—John E. Hagerty, James C. Rogers. 
Ninth Ward—Daniel McAteer, Hugh Hawkins (died). 
Tenth Ward—Michael Madden, John P. Mullally. 
Eleventh Ward—Henry Overstolz, William K. Patrick. 
Twelfth Ward—Herman Rechtien, Samuel B. Stannard. 


1873.—JOSEPH BROWN, Mayor. 
Councilmen: 


First Ward—A. McHose, James Meegan. 

Second Ward—John Pauly, A. Fischer, Sr. 

Third Ward—August Koch, J. H. Amelung. 
Fourth Ward—George Bain, James Tiernan. 

Fifth Ward—Elon G. Smith, James S. Foster. 
Sixth Ward—Theophile Papin, A. W. Mead. 
Seventh Ward—Wm. Currie, Nicholas Schaeffer. 
Highth Ward—James C. Rogers, John E. Hagerty. 
Ninth Ward—Daniel McAteer, Thomas Morris. 
Tenth Ward—John P. Mullally, Michael Madden. 
Eleventh Ward—HENRY OVERSTOLZ, Wm. K. Patrick. 
Twelfth Ward—H. Rechtien, L. S. Metcalfe. 
Thirteenth Ward-—S. F. Ransdell, J. J. Schmitt. 


1874.—JOSEPH BROWN, Mayor. 
Councilmen: 


First Ward—James Meegan, L. A. Steber. 

Second Ward—A. Fischer, Sr., Theodore Horman. 
Third Ward—J. H. Amelung, C. E. Salomon. 
Fourth Ward—James Tiernan, C. W. Francis. 
Fifth Ward—James S. Foster, L. J. Clark. 

Sixth Ward—THEOPHILE PAPIN, Henry S. Turner. 
Seventh Ward—Nicholas Schaeffer; M. D. Collier. 
HKighth Ward—James C. Rogers, John E. Hagerty. 
Ninth Ward—Thomas Morris, John O’Brien. 
Tenth Ward—Michael Madden, John P. Mullally. 
Eleventh Ward—Wm. K. Patrick, J. B. Woestman. 
Twelfth Ward—L. S. Metcalfe, H. Rechtien. 


MAYORS, COUNCILMEN AND DELEGATES. XIII 


1875.—ARTHUR B. BARRET, Mayor. 


(Died April 23, 1875. James Britton elected to fill the vacancy.) 


Councilmen: 
First Ward—L. A. Steber, B. W. Etling. 
Second Ward—Theodore Horman, A. Fischer, Sr. 
Third Ward—cC. E. Salomon, J. H. Amelung. 
Fourth Ward—Chas. W. Francis, Wm. Keating. 
Fifth Ward—L. J. Clark, James S. Foster. 
Sixth Ward—Henry S. Turner, James L. Patterson. 
Seventh Ward—M. Dwight Collier, W. E. Kortkamp. 
Eighth Ward—J. E. Hagerty, A. J. Geraghty. 
Ninth Ward—John O’Brien, Thomas Morris. 
Tenth Ward—John P. Mullally, Michael Madden. 
Eleventh Ward—J. B. Woestman, J. H. Pohlman. 
Twelfth Ward—H. RECHTIEN, Samuel B. Stannard. 
Thirteenth Ward—Jas. Meegan, P. Leahy. 


1876.—HENRY OVERSTOLZ, Mayor. 
(Declared elected by the council, Feb. 9, 1876, instead of James H. Britton.) 


Councilmen: 
First Ward—B. W. Etling, L. A. Steber. 
Second Ward—A. Fisher, Sr., Theodore Horman. 
Third Ward—J. H. Amelung, C. E. Salomon. 
Fourth Ward—Wm. Keating, Chas. W. Francis. 
Fifth Ward—James S. Foster, C. A. Spalding. 
Sixth Ward—Jas. L. Patterson, Geo. H. Loker. 
Seventh Ward—W. E. Kortkamp, Jno. J. Sutter. 
Eighth Ward—A. J. Geraghty, John O’Malley. 
Ninth Ward—Thos. Morris, Thomas J. Hennessy. 
Tenth Ward—Michael Madden, John P. Mullally. 
Eleventh Ward—J. H. Pohlman, Wm. H. Woodward. 
Twelfth Ward—S. B. Stannard, D. S. Irons. 
Thirteenth Ward—P. Leahy, M. J. Brennan. 


1877-1881. HENRY OVERSTOLZ, Mayor. 


COUNCIL—1877-1879. 
JOHN H. LIGHTNER, President. 


S. D. Barlow, Thomas Foley, John J. O’Brien, George W. Parker, Geo. Rinkel, Jr., 
John Rude. 


1877-1881 


Nicholas Berg, A. L. Bergfeld, Given Campbell (resigned),* Moses Fraley, Edward 
S. Rowse, William H. Scudder. 


HOUSE OF DELEGATES—1877-1879. 


First Ward—A. C. L. Haase. Tenth Ward—Frank Backof. 
Second Ward—Jos Crawshaw. Eleventh Ward—A. N. DeMenil. 
Third Ward—C. A. Stifel. Twelfth Ward—Patrick Sullivan. 
Fourth Ward—John McManus. Thirteenth Ward—John Williams. 
Fifth Ward—J. H. Amelung (resigned), Fourteenth Ward—H. C. Meyer. 
Philip A. Meinberg. Fifteenth Ward—William B. Ryder. 
Sixth Ward—W. C. Van Dillen. Sixteenth Ward—Otto Kulage. 
Seventh Ward—C. H. Reichman. Seventeenth Ward—-A. W. Henry. 
Eighth Ward—P. Gundlach. Highteenth Ward—George W. Updike. 
Ninth Ward—E. H. Vordtriede. Nineteenth Ward—Conrad Rose. 


*Succeeded by Robert M. Parks. 


XIV MAYORS, COUNCILMEN AND DELEGATES. 


HOUSE OF DELEGATES—1877-1879—Continued. 


Twentieth Ward—W. F. Cozzens. Twenty-fourth Ward—P. O’Brien. 
Twenty-first Ward—W. L. Ewinea,, Jr., Twenty-fifth Ward—Richard Markel. 
speaker. Twenty-sixth Ward—A. B. Barbee. 
Twenty-second Ward—R. L. Jones. Twenty-seventh Ward—Jacob Thorp. 
Twenty-third Ward—Louis Nolte. Twenty-eignth Ward—Chris. Conrades. 


HOUSE OF DELEGATES—1879-1881. 


First Ward—Michael O’Malley. Fifteenth Ward—Wm. B. Ryder. 

Second Ward—John G. Haas. Sixteenth Ward—Frank Hussman, Jr. 
Third Ward—John A. Wolfinger. Seventeenth Ward—G. W. Carmichael. 
Fourth Ward—John Tighe. Eighteenth Ward—Thos. R. Garard. 
Fifth Ward—Ph. A. Meinberg. Nineteenth Ward—Frank H. Hecker. 
Sixth Ward—Amos. S. Partridge. Twentieth Ward—John J. O’Neill. 
Seventh Ward—Paul Young. Twenty-first Ward—E. B. Kirby. 
Eighth Ward—Peter Gundlach. Twenty-second Ward—John W. Dunn. 
Ninth Ward—Jos. G. Marriort, speaker. Twenty-third Ward—Wm. L. Hickman. 
Tenth Ward—Bernard Donnelly. _ Twenty-fourth Ward—Peter Bouchein. 
Eleventh Ward—Geo. Weisenberger. Twenty-fifth Ward—Ferdinand Kaiser. 
Twelfth Ward—Thos. J. Cornelius. Twenty-sixth Ward—A. B. Barbee. 
Thirteenth Ward—Henry Ziegenhein. Twenty-seventh Ward—Jacob Thorp. 
Fourteenth Ward—Fred Siefker. Twenty-eighth Ward—Peter G. Gerhart. 


1881-1885. WILLIAM L. EWING, Mayor. 
COUNCIL—1879-1883. 


Alexander N. DeMenil, Edward C. Kehr, N. G. Larimore, Patrick McGrath, Web. 
M. Samuel and R. T. Tansey. 


1881-1885. 


GEORGE W. PARKER, President. 


Henry S. Parker, Edward S. Rowse, William H. Scudder, Joseph P. Vastine, Frederick 
E. Zelle and Henry Ziegenhein. 


HOUSE OF DELEGATES—1 881-1883. 


First Ward—A. Thoman. Fourteenth Ward—B. Hoffman. 
Second Ward—W. V. Rutledge. Fifteenth Ward—E. W. Donk. 
Third Ward—John A. Wolfinger. Sixteenth Ward—Frank Hussman, Jr. 
Fourth Ward—James H. O’Brien. Seventeenth Ward—Eugene C. Slevin. 
Fifth Ward—John H. Amelung. Highteenth Ward—Joseph stern. 
Sixth Ward—William Aston, H. Horst- Nineteenth Ward—Conrad Rose. 
brink (resigned). Twentieth Ward—John J. O’Neill. 
Seventh Ward—Fred Zelle. Twenty-first Ward—E. F. W. Meier. 
Eighth Ward—Peter Gundlach. Twenty-second Ward—John W. Dunn. 
Ninth Ward—JoseEPpH G. MaArrRIoTT, speak- Twenty-third Ward—W. L. Hickman. 
er. Twenty-fourth Ward—Peter Bouchein. 
Tenth Ward—Cyrus P. Walbridge. Twenty-fifth Ward—Ferdinand Kaiser. 
Eleventh Ward—Geo. Weisenburger. Twenty-sixth Ward—A. B. Barbee. 
Twelfth Ward—Saml. J. Somerville. Twenty-seventh Ward—George J. Davis. 
Thirteenth Ward—Henry Alt. - Twenty-eighth Ward—Louis Schaefer. 


COUNCIL—1883-1887. 


James K. Cummings, Edward Devoy, Wm. F. Haines, Wm. H. Stone, A. W. Straub 
and Joseph Temple. 


HOUSE OF DELEGATES—1883-1885. 


First Ward—Christ. Schawacker. Sixth Ward—Charles Schoenbeck: 
Second Ward—Edward R. Harris. Seventh Ward—Frank G. Cossman. 

Third Ward—John A. Wolfinger. Highth Ward—Peter Gundlach. 

Fourth Ward—Patrick Brennan. Ninth Ward—JosrrH G. MARRIOTT, speak- 


Fifth Ward—Henry Rooke. er, 1883-1884. 


MAYORS, COUNCILMEN AND DELEGATES. 


HOUSE OF DELEGATES—1883-1885—Continued. 


Tenth Ward—F. A. C. MacManus. 
Eleventh Ward—Louis Wagner. 

Twelfth Ward—James M. Sullivan. 
Thirteenth Ward—Henry Alt. 
Fourteenth Ward—Geo. H. Brueggemann. 
Fifteenth Ward—Andrew McAllister. 
Sixteenth Ward—Horace Fox. 
Seventeenth Ward—Eugene C. Slevin. 
BHighteenth Ward—J. C. Richardson. 
Nineteenth Ward—John H. Terry. 


Twentieth Ward—Richard Walsh, speak- 
er, 1884-1885. 

Twenty-first Ward—J. C. Brockmeier. 
Twenty-second Ward—John W. Dunn. 
Twenty-third Ward—Nicholas Gates. 
Twenty-fourth Ward—Patricx J. Eagan. 
Twenty-fifth Ward—Ferdinand Kaiser. 
Twenty-sixth Ward—Wm. Gartenbach. 
Twenty-seventh Ward—Geo. J. Davis. 
Twenty-eighth Ward—tThos. J. Cornelius. 


1885-1889.— DAVID R. FRANCIS, Mayor. 


COUNCIL—1885-1887. 


GEORGE W. ALLEN, President. 


James K. Cummings, Edward Devoy, Wm. F. Haines, Wm. H. Stone, A. W. Straub, 


Joseph Temple, T. P. Bell, Walter J. Blakely, 


James Duross, August Frank, 


Patrick O’Malley, James A. Seddon, George W. Allen. 


HOUSE OF DELEGATES—1885-1887. 


First Ward—Peter R. Morrissey. 

Second Ward—Patrick Monahan. 

Third Ward—John Vogel. 

Fourth Ward—Charles D. Keenan. 

Fifth Ward—George Wenzlick. 

Sixth Ward—Charles Schoenbeck. 
Seventh Ward—Christopher Fischer. 
Eighth Ward—Peter Gundlach. 

Ninth Ward—Joseph G. Marriott. 

Tenth Ward—John Waters. 

Eleventh Ward—Louis Kohlbry. 

Twelfth Ward—James M. Sullivan. 
Thirteenth Ward—HeEnry ALT, speaker. 
Fourteenth Ward—Geo. H. Brueggemann. 


Fifteenth Ward—Edward P. Fox, speaker. 
Sixteenth Ward—Julius Lehman. 
Seventeenth Ward—J. J. Coakley, Jr. 
Highteenth Ward—Monroe R. Coilins, Jr. 
Nineteenth Ward—William Hammerstein. 
Twentieth Ward—P. H. O’Neill. 
Twenty-first Ward—J. C. Brockmeier. 
Twenty-second Ward—John R. Rolfes. 
Twenty-third Ward—Ernest Oberbach. 
Twenty-fourth Ward—H. A. Pishon. 
Twenty-fifth Ward—John Wuebdold. 
Twenty-sixth Ward—William Gartenbach. 
Twenty-seventh Ward—Thomas G. Kaye. 
Twenty-eighth Ward—E. F. Stone. 


COUNCIL—1887-1889. 


T. B. Bell, W. J. Blakely, Nelson Cole, Chas. D. Comfort, James Duross, August 
Frank, John J. Ganahl, L. S. Metcalf, N. O. Nelson, Patrick O’Malley, Phil. Rohan, 


John Vogel. 


HOUSE OF DELEGATES—1887-1889. 


First Ward—Jas. BANNERMAN, speaker. 

Second Ward—Patrick Monahan. 

Third Ward—James A. Guion. 

Fourth Ward—Charles Nolan. 

Fifth Ward—Charles F. Wienel. 

Sixth Ward—Peter Gundlach. 

Seventh Ward—F rank G. Cossman. 

Eighth Ward—Charles D. Keenan, Pat- 
rick Brennan. 

Ninth Ward—George Weisenberger. 

Tenth Ward—Thomas J. Lyman. 

Eleventh Ward—Ernest Kutschman. 

Twelfth Ward—August B. Hilgeman. 

Thirteenth Ward—Joseph Murphy. 

Fourteenth Ward—James M. Sullivan. 


Fifteenth Ward—Louis Spelbrink. 
Sixteenth Ward—Thomas Wand. 
Seventeenth Ward—John F. Waters. 
Highteenth Ward—Julius Lehman. 
Nineteenth Ward—John Clark. 
Twentieth Ward—John E. Mohan. 
Twenty-first Ward—Diedrich Norden. 
Twenty-second Ward—Samuel Hays. 
Twenty-third Ward—Henry Alt. 
Twenty-fourth Ward—John H. Polhlman. 
Twenty-fifth Ward—Mathew Ryan. 
Twenty-sixth Ward—Conrad Huber. 
Twenty-seventh Ward—William Garten- 
bach. 
Twenty-eighth Ward—kE. F. Stone. 


XVI ; MAYORS, COUNCILMEN AND DELEGATES. 


1889-1893. EDWARD A. NOONAN, Mayor. 
COUNCIL—1889-1891. 


CYRUS P. WALBRIDGEH, President. 
John C. Bensick, Nelson Cole, C. D. Comfort, John J. Ganahl, Andrew Hoolan, Wm. 


M. Horton, E. F. W. Meier, L. S. Metcalf, N. O. Nelson, Phil. Rohan, John A. 
Sloan; John Vogel, C. P. Walbridge. 


HODSE OF DELEGATES—1889-1891. 


First Ward—W. H. Ryan. Fifteenth Ward—Louis Spelbrink. 
Second Ward—Patrick Monahan. Sixteenth Ward—Frank E. Allenberg. 
Third Ward—Samuel F. Myerson. Seventeenth Ward—James P. Eagan. 
Fourth Ward—Geo. Grassmuck. Highteenth Ward—Julius Lehman. 
Fifth Ward—Chas. P. Wienel. Nineteenth Ward—Louis Kramer. 
Sixth Ward—Chas. W. Alsmeyer. Twentieth Ward—John E. Mohan. 
Seventh Ward—Frank G. Crossman. Twenty-first Ward—L. W. Blanke. 
Eighth Ward—Patrick Brennan. Twenty-second Ward—John Shelley. 
Ninth Ward—John J. Bogard. Twenty-third Ward—HeEnry ALT, speaker. 
Tenth Ward—Thos. J. Lynam. Twenty-fourth Ward—Thos. J. Ward. 
Eleventh Ward—Henry O. Siegmund. Twenty-fifth Ward—Patrick H. Clark. 
Twelfth Ward—Aug. B. Hilgeman, John Twenty-sixth Ward—Conrad Huber. 
H. Dieckman, 1890-1891. Twenty-seventh Ward—Chas. Sievers. 
Thirteenth Ward—John Beckert, Jr. Twenty-eighth Ward—H. F. Stone. 


Fourteenth Ward—Thomas H. Quinn. 


COUNCIL—1891-1893. 
W. T. Anderson, Albert Arnstein, John C. Bensick, Nelson Cole, William Cullinane, 


M. M. Flesh, Andrew Hoolan, Wm. M. Horton, Charles James, E. F. W. Meier, 
John A. Sloan, Charles E. Wehner, C. P. Walbridge. 


HOUSE OF DELEGATES—1891-1893. 


First Ward—Jas. H. Cronin. Sixteenth Ward—Edward J. McGroarty. 
Second Ward—Jas. E. Hagerty. Seventeenth Ward—James P. Eagan. 
Third Ward—Edward P. Grimley. Highteenth Ward—Julius Lehman. 
Fourth Ward—James A. Dacey. Nineteenth Ward—Thos. Kinnavey. 
Fifth Ward—Joseph Rauer. Twentieth Ward—James H. Townsend. 
Sixth Ward—Chas. Schoenbeck. Twenty-first Ward—S. P. Keyes. 

Seventh Ward—F. G. Uthoff. Twenty-second Ward—John Courtney. 
Highth Ward—P. Mullarky. Twenty-third Ward—Henry Alt. 

Ninth Ward—John J. Bogard. Twenty-fourth Ward—TuHomas J. WARD, 
Tenth Ward—Thomas Cosgrove. speaker. 

Eleventh Ward—Henry O. Siegmund. . Twenty-fifth Ward—Patrick H. Clark. 
Twelfth Ward—Louis C. Diekman. Twenty-sixth Ward—Conrad Huhn. 
Thirteenth Ward—Peter O’Brien. Twenty-seventh Ward—Thos. G. Kaye. 
Fourteenth Ward—Wm. H. O’Brien. Twenty-eighth Ward—Thos. J. Bradshaw. 


Fifteenth Ward—Louis Spelbrink. 


1893-1897.—CYRUS P. WALBRIDGH, Mayor. 


COUNCIL—1893-1895. 


CHARLES NAGEL, President. 


Wm. T. Anderson, Albert Arnstein, Patrick H. Blanke, Wm. Cullinane, Franklin 
Ferriss, M. M. Flesh, Paulus Gast, Charles James, Sylvester P. Keyes, Max 
Kotany, Alfred Vallat, Chas. E. Wehner, Charles Nagel. 


MAYORS, COUNCILMEN AND DELEGATES. XVII 


HOUSE OF DELEGATES—1893-1895. 


First Ward—Jas. H. Cronin. — Sixteenth Ward—T. B. Albright. 
Second Ward—Jas. E. Hagerty. Seventeenth Ward—W. C. Marten. 
Third Ward—E. P. Grimley. Highteenth Ward—Theo. H. Whitehill. 
Fourth Ward—J. A. Dacey. Nineteenth Ward—Thos. Kinnavey. 
Fifth Ward—Henry Bruck, succeeding. Twentieth Ward—J. H. TowNseEnpD, speak- 
Sixth Ward—C. W. Alsmeyer. er. 

Seventh Ward—J. H. Becker. Twenty-first Ward—J. F. Taubold. 
Highth Ward—W. C. Edwards. Twenty-second Ward—C. H. Stone. 
Ninth Ward—J. H. Welkenér. Twenty-third Ward—Henry Alt. 
Tenth Ward—Henry Henning. Twenty-fourth Ward—D. J. Sullivan. 
Eleventh Ward—Charles Kratz. Twenty-fifth Ward—M. J. Ryan. 
Twelfth Ward—H. E. Regenhardt. _ Twenty-sixth Ward—W. C. Kelly. 
Thirteenth Ward—J. M. Murphy. Twenty-seventh Ward—M. J. Casey. 
Fourteenth Ward—W. H. O’Brien. Twenty-eighth Ward—kE. S. Pike. 


Fifteenth Ward—Casper Kraleman. 


COUNCIL—1895-1897 


CHAS. NAGEL, President. 


John G. Brinkmeyer, P. H. Clarke, Franklin Ferriss, Paulus Gast, Oliver L. Hagan, 
Geo. P. Heckel, Wm. M. Horton, Halsey C. Ives, Sylvester P. Keyes, Max Kotany, 
Fred G. Uthoff, Alfred Vallat, Charles Nagel. 


HOUSE OF DELEGATES—1895-1897. 


First Ward—Jas. H. Cronin. Sixteenth Ward—Louis EH. Dehlendorf. 
Second Ward—W. H. Judy. | Seventeenth Ward—Hiram Lloyd. 

Third Ward—C. S. Stewart. Eighteenth Ward—Julius Lehman. 
Fourth Ward—Geo. Grassmuck. Nineteenth Ward—Jno. K. Murrell. 
Fifth Ward—Gottlieb Wittler. . Twentieth Ward—Wm. H. Ritter. 

Sixth Ward—Otto Schumacher. Twenty-First Ward—Jno. F. Taubold. 
Seventh Ward—Jno. H. Becker. Twenty-second Ward—Frank C. Pauley. 
Eighth Ward—Edmund Bersch. Twenty-Third Ward—Jno. H. Debrodt. 
Ninth Ward—Henry Scherf. Twenty-Fourth Ward—D. J. Sullivan. 
Tenth Ward—F. H. Krietemeyer. Twenty-Fifth Ward—C. W. Watson. 
Eleventh Ward—Edgar A. Mepham. Twenty-Sixth Ward—Wm. C. KELLY. 
Twelfth Ward—Lovuis C. DIEKMANN. Twenty-Seventh Ward—Wm. G. Buech- 
Thirteenth Ward—Jno. P. Marshall. . ner. 

Fourteenth Ward—Jno. J. Burke. Twenty-Highth Ward—Harmon M. Wil- 


Fifteenth Ward—Geo. SHER cox. 
1897-1901.—HENRY ZIEGENHEIN, Mayor. 
COUNCIL—1897-1899. 
EK. F. W. MEIER, President. 
John G. Brinkmeyer, Charles E.. Carroll, Henry Gaus, Paulus Gast, Oliver L. Hagan, 


Geo. P. Heckel, Wm. M. Horton, Halsey C. Ives, Charles Kratz, Chas. H. Thuner, 
Fred G. Uthoff, Charles E. F. W. Meier. 


HOUSE OF DELEGATES—1897-1899. 
First Ward—Jos. L. Schuler. Ninth Ward—Emile Hartmann. 
Second Ward—W. H. Judy. Tenth Ward—Henry Henning. 
Third Ward—Henry Wander. Eleventh Ward—Chas. A. Gutke. 
Fourth Ward—Jno. P. Sweeney. Twelfth Ward—John Helms. 
Fifth Ward—Adolph Madera. Thirteenth Ward—Louis Decker. 
Sixth Ward—Otto Schumacher. Fourteenth Ward—Jno. J. Burke. 
Seventh Ward—Julius P. Hirth. Fifteenth Ward—Jno. A. King. 


BKighth Ward—Edmund Bersch. Sixteenth Ward—H. L. Weeke, Jr. 


XVIII 


MAYORS, COUNCILMEN AND DELEGATES. 


HOUSE OF DELEGATES—1897-1899—Continued. 


Seventeenth Ward—HirAm LLoyD. 
Eighteenth Ward—JuLius LEHMAN. 
Nineteenth Ward—Jno. J. Willmore. 
Twentieth Ward—Wm. H. Ritter. 
Twenty-first Ward—Edward E. Murrell. 
Twenty-Second Ward—Frank C. Pauley. 
Twenty-Third Ward—Jno. H. Debrodt. 


Twenty-Fourth Ward—Geo. D. Schaefer. 
Twenty-Fifth Ward—C. W. Watson. 

Twenty-Sixth Ward—Geo. F. Robertson. 
Twenty-Seventh Ward—Henry B. Witten- 


berg. 


Twenty-Highth Ward—Harry M. Coud- 


rey. 


COUNCIL—1899-1901. 


E. F. W. MEIER, President. 


Chas. E. Carroll, Paulus Gast, Henry Gaus, Jr., W. R. Hodges, Aug. Hoffman, Win. 
M. Horton, Vice-Pres., Chas. Kratz, Emil A. Meysenburg, Eben Richards, Louis 
Schnell, Chas. H. Thuner, Charles Wiggins, E. F. W. Meier. 


HOUSE OF DELEGATES—1899-1901. 


First Ward—Edmund Bersch. 
Second Ward—Otto Schumacher. 
Third Ward—John P. Sweeney. 
Fourth Ward—John A. Sheridan. 
Fifth Ward—James H. Cronin. 
Sixth Ward—Chas. J. Denny. 
Seventh Ward—Adolph Madera. 
Highth Ward—John Schnettier. 
Ninth Ward—Emile Hartmann. 
Tenth Ward—Chas. Gutke. 
Eleventh Ward—Louis Decker. 
Twelfth Ward—Fred G. Zachritz. 
Thirteenth Ward—Eb. E. MuRRELL. 
Fourteenth Ward—John K. Murrell. 


Fifteenth Ward—John A. King. 
Sixteenth Ward—John J. Burke. 
Seventeenth Ward—T. E. Albright. 
Eighteenth Ward—John Helms. 
Nineteenth Ward—Julius Lehmann. 
Twentieth Ward—Charles F. Kelly. 
Twenty-First Ward—J. J. Hannigan. 
Twenty-Second Ward—Wmn. M. TAMBLYN. 
Twenty-Third Ward—H. A. Faulkner. 
Twenty-Fourth Ward—Lemon Parker. 
Twenty-Fifth Ward—George Lopez. 
Twenty-Sixth Ward—Geo. F. Robertson. 
Twenty-Seventh Ward—Lafe Sturdevant. 
Twenty-Highth Ward—C. W. Holtcamp. 


1901-1905.—-ROLLA WELLS, Mayor. 


COUNCIL—1901-1903. 


JOSEPH L. HORNSBY, President. 


Joseph Boyce, Chas. E. Gibson, W. R. Hodges, August Hoffman, Wm. H. Horton, 
George D. Markham, Emil A. Meysenburg, James P. Newell, Eben Richards, 
Louis Schnell, Jeremiah Sheehan, Joseph Spiegelhalter, Jr., Joseph L. Hornsby. 


HOUSE OF DELEGATES—1901-1903. 


First Ward—G. H. Oberbeck. 

Second Ward—Frank M. Stanze. 
Third Ward—John P. Sweeney. 
Fourth Ward—Thomas E. Kinney. 
Fifth Ward—James H. Cronin. 
Sixth Ward—Chas. J. Denny. 
Seventh Ward—Henry Pfeffle. 
Eighth Ward—Charles Troll. 

Ninth Ward—Oliver J. Funsch. 
Tenth Ward—Otto F. Karbe. 
Eleventh Ward—Edw. Koeln. 
Twelfth Ward—Fred G. Zachritz. 
Thirteenth Ward—E. E. Murrell. 
Fourteenth Ward—Jno. B. Williams. 
Fifteenth Ward—Andrew Gazzolo, Jr. 


Sixteenth Ward—John J. Burke. 
Seventeenth Ward—J. J. Howard. 
Eighteenth Ward—John H. Klute. 
Nineteenth Ward—Sam. B. Stannard. 
Twentieth Ward—Chas. F. Kelly. 
Twenty-First Ward—J. J. Hannigan. 
Twenty-Second Ward—Jno. R. Fontana. 
Twenty-third Ward—Henry A. Faulkner. 
Twenty-Fourth Ward—Thos. J. Buckley. 
Twenty-Fifth Ward—C. A. Windmuller. 
Twenty-Sixth Ward—James T. Brennan. 
Twenty-Seventh Ward—Chas. L. Ger- 
aghty. 
Twenty-Highth Ward—Paul .C. Reiss. 


MAYORS, COUNCILMEN AND DELEGATES. XIX 


COUNCIL—1903-1905. 


JOSEPH L. HORNSBY, President. 


Joseph Boyce, H. N. Davis, W. A. Gardner, Charles E. Gibson, B. J. Lawlor, George D. 
Markham, Heine Marks, I. W. Morton, James P. Newell, Henry G. Rolfes, 
Jeremiah Sheehan, Joseph Spiegelhalter, Jr., Joseph L. Hornsby. 


HOUSE OF DELEGATES—1903-1905. 


JOHN R. FONTANA, Speaker. 


First Ward—Walter D. Griffin. 
Second Ward—Charles Witthoefft. 
Third Ward—Timothy McAuliffe. 
Fourth Ward—Thomas E. Kinney. 
Fifth Ward—lIsaac Conran. 

Sixth Ward—W. C: Zimmermann. 
Seventh Ward—George Rott. 
Eighth Ward—E. M. Block. 

Ninth Ward—Thomas S. Stoops. 
Tenth Ward—Wm. H. Hughes. 
Eleventh Ward—Edw. J. O’Neill. 
Twelfth Ward—A. J. Hammerstein. 
Thirteenth Ward—Fred Wiedmer. 


Fourteenth Ward—John B. Williams. 
Fifteenth Ward—Andrew Gazzolo, Jr. 


Sixteenth Ward—Timothy Moloney. 
Seventeenth Ward—H. L. Weeke, Jr. 
Eighteenth Ward—Wm. A. Block. 
Nineteenth Ward—George R. Norp. 
Twentieth Ward—John J. O’Brien. 
Twenty-First Ward—Daniel F. Meehan. 
Twenty-Second Ward—JOHN R. FONTANA. 
Twenty-Third Ward—John R. McCarthy. 
Twenty-Fourth Ward—J. G. Teschmacher. 
Twenty-Fifth Ward—Lee W. Hagerman. 
Twenty-Sixth Ward—James T. Brennan. 
Twenty-Seventh Ward—Walter W. Birge. 
Twenty-Highth Ward—Edgar C. Lack- 
land. 


1905-1909.—ROLLA WELLS, Mayor. 


COUNCIL—1905-1907. 


¢ 


HAMILTON A. FORMAN, President. 


F. Ernest Cramer, H. N. Davis, Mark Ewing, W. A. Gardner, George C. Hitchcock, 
B. J. Lawlor, Julius Lesser, George C. Linde, Heine Marks, W. A. Moellman, 
Henry G. Rolfes, Albert R. Thomson, Hamilton A. Forman. 


HOUSE OF DELEGATES—1905-1907. 


JOHN J. O’BRIEN, Speaker. 


First Ward—Fred W. Priesmeyer. 
Second Ward—Chas. H. Withoefft. 
Third Ward—D. F. Heffernan. 
Fourth Ward—John Golden. 
Fifth Ward—lIsaac Conran. 

Sixth Ward—wW. C. Zimmermann. 
Seventh Ward—Peter Schuck. 
Highth Ward—William Kaiser. 
Ninth Ward—George Otto. 

Tenth Ward—Frank N. Simmons. 
Eleventh Ward—William A. Metzler. 
Twelfth Ward—George T. Kollas. 
Thirteenth Ward—Fred Wiedmer. 


Fourteenth Ward—John B. Williams. 


Fifteenth Ward—Andrew Gazzolo, Jr. 
Sixteenth Ward—Timothy Moloney. 
Seventeenth Ward—H. L. Weeke. 
Highteenth Ward—Herman Gevers. 
Nineteenth Ward—A. B. Stannard. 
Twentieth Ward—Joun J. O’BRIEN. 
Twenty-First Ward—Daniel F. Meehan. 
Twenty-Second Ward—Frank Hussey. 
Twenty-Third Ward—Emmett P. Bentley. 
Twenty-Fourth Ward—R. C. H. Hallock. 
Twenty-Fifth Ward—James F. Connell. 
Twenty-Sixth Ward—James J. Nash. 
Twenty-Seventh Ward—Edgar R. Smythe. 
Twenty-Highth Ward—Ralph W. Coala 


XX 


DIRECTORY PRESENT ASSEMBLY. 


DIRECTORY OF MUNICIPAL ASSEMBLY 1907-1909. 


COUNCIL—OFFICERS. 


HAMILTON A. FORMAN, President. 
JULIUS LESSER, Vice-President. 


GEORGE F. MOCKLER, Secretary. 
TAYLOR STITH, Assistant Secretary. 
RICHARD M. WRAY, Sergeant-at-Arms. 


Bell { Kinloch 
telephone, NAME. OFFICE. RESIDENCE. } Telephone. 
Sidney 141..../F. Ernest Cramer. Lemp and Shenandoah/Southern Hotel ........ Victor 372 
Avenues ... 4 Olive 2000 
Main 5480 ...|Frank P. Crunden..|2nd and Gratiot ‘Street. .|4426 Westminster ....../Central 220 
Forest 2295 
Main 3121 .|Mark Ewing .......|Room 511, Commercial|/3517 Pine Street ....../Central 2349 
Building ‘ ‘ Lindell 1616 
Main 4283 .|A. J. Fitzsimmons. .|Carleton Building ~ He oe 2859 es Me ee Ave../Central 2329 
ran 
Tyler 366......Wm. H. Hauschulte.|2407 N. Broadway...... 1109% oles a ae Central 4180L 
yler 
Bomont 208..\|Albert B. Lambert..|2101 Locust Street...... 2>>fortensee Placeve caer se meee crn et ys 
Forest 1170 
Main 1805 Julius Lesser’ s...%% 112 S. Main Street...... 4615 Lindell Blvd......|}. Prana a toe e te aie 
Forest 2388 
Main 826 weiGeoOl) CL ODiInd ese. teieke 820 .N. Broadway... « 2924A Palm Street..... Central 2137 
Tyler 247 
Main 2630 .../W. A. Moellman....|812 N. 4th Street......./2355 Louisiana Ave..../Central 2386 
Grand 2265 
Main 5400 ..|\Saunders Norvell....j/4th and Washington Av/5337 Cabanne Avenue../Central 3240 
Forest 3268 
Tyler 394 ..../John J. O’Brien. Be ota and Mullanphy Sts.|5229 Maple Avenue...../Central 332 
Forest 291 
siaidhetetaus teehee Albert R. Thomson..|616 Fullerton Building..|}2226 Sullivan Avenue...|Central 5274 
Central 8739L 
Main 2144 .../Hamilton A. Forman|7th and Locust Streets..|;Grand Avenue Hotel...|Central 6562 
| Lindell 17 


ISAAC CONRAN, 


JAMES T. BRENNAN, Speaker Pro Tem. 


HOUSE OF DELEGATES— OFFICERS. 
DANIEL E. NAUGHTON, Assistant Clerk. 


Speaker. 


THOMAS J. LEONARD, Clerk. 


WM. P. BRADY, Sergeant-at-Arms. 


DANIEL A, CORBETT, Page. 


Bell 


Ward i 
a Telephone. 


o «ly whee wale, ‘ot 


Tyler 29625 
ee ler 2950L 


2) erie, ‘ein few ei ele, 


Olive 1532 
Main 4784 
Sidney 1586L.. 
South 463. 
Sidney 2668 
South 221 


Bomont 381.. 


COHDNAMATMAR OD BP 


10 
aba 


12 


13 Grand 2705 .. 


14}.. 
15 


16||.. 
17 |\Tyler 946 ... 
18)\/Tyler 861 .. 
19 [Main 1851.. 
20 |\Tyler 785.. 


21 


Be 8 © pyelets 296, 


Bomont) 26155. 


Lindell 4644. 
Grand 201. 
Grand 364. 
Main 3777. 
Sidney 2302R 
Main 2767. 
Lindell 448. 
Jlive oite 
Main 2388 Fiche 


22 


| 
3 


-jJohn Golden 


../Alexander Bourg .. 
.|Charles Sachse 


. Edwin J. Paule... 


. (Fred W. Tirre 


NAME. 


&. W. Priesmeyer .. 


Ferd. Warner 
James Gallagher ... 


ip) ob) eB 6 


eee ee ee 


Isaac Conran 


sexsi: 1a) s 


Charles Troll 
Joseph Schell 


Frank N. Simmons.. 


ww 2) @40 Le vs 


CN ite ke 


George T. Kollas.... 


Fred Wiedmer 
Mathew J. Tobin . 


Wm. J. Brennan.... 


Frank Weeke 4 
Herman Gevers ... 
S. 6. Stannard evra 
sohnn J. O7, Brien sri. 


Wm. H. Langdale .. 


-|frank Hussey 
John P. Wollett 


eorveee 


seeee 


Herman W. Fay  ... 


James F. Connell ... 


jas. “Brennan... 
jVineent McShane... 
Dwight F. Davis.... 


a LO oats 


..|402 


.|2348 


VAX al 


| | RESIDENCE. 


5605 Talcott Avenue.. 


3607 N. 9th Street... 


1401 N. 10th Street.. 
815 N. 9th Street.... 
820 Walnut Street.. 
2nd Street.... 
1301 S. Broadway... 
1820 Menard Street.. 
2881 S. 7th Street.. 


3636a S. Jefferson Av 
W. Schirmer. 


2131 Russell Avenue 


2618 Kads Avenue. 


Adams Street. 
Franklin Ave. 


N. 14th Street.. 


Benton Street. 
N. 14th Street. 
N. Grand Ave. 
N. Jefferson Av 


1510 
1910 
2221 


4210 
1521 


8516 Lawton Ave../3516 Lawton Ave. ..} .. 
3903a Folsom Ave. .|Am. Tobacco Co. 


3972 Morgan Street./Waters-Pierce Oil Colcen. 
4041 Baston Avenue/4041 Easton Avenue|/Delmar 


.-17704 Ivory 


OFFICE. 


5200 McKissock Ave. 


2523 N. Broadway. 


I3t7 wN:s Broadway... 
815 N. 9th Street... 
813 Walnut Street.. 
(O01 9S.. 2nds street icc 
1301 S. Broadway.. 
1820 Menard Street. 
2881 S. Tth Street.. 
Foot of Osceola 
and Texas. 


cee ew eee 


202 N. 10th Street.. 


|214 Chamber of Com 


2216 Clark Avenue. 


| 


Kinloch 
Telephone. 


Central 9557L 
Cen. 4071 
Cen. 9556L 


S66 \e. 6.) 6/e 


ieee 98001. 
Central 2201L 


re 


Victor 907 

‘eee 4670 
Cen. 888 
Cen. 6101 
Victor 540L 

Cen. 3192R 


1510 Franklin Ave.j|cen. 4296 


Military Hall, 2400 
Ne ath Street. 


Cen. 2550 
Cen. 1543 


iF 


2308 Cass Avenue. ACE: 5954 
2621 N. 14th Street. "Cen. 5944 


3rd and Pine Sts. 
2625 Cass Avenue. 


.[1111 N. Compton Av.|/2315 Olive Street.. 


eV TCLOL 
3904 Hartford Street|222 Walnut Street 


545 
2642 


5142 Wells Avenue./315-316 Fullertonbld|Cen. 4523 


388 Westmoreland PI1./319 N. 


4th Street..|.. 


ow by eS 0 10, ep 06 


BOARDS OF PUBLIC IMPROVEMENTS. De a 


BOARD OF PUBLIC IMPROVEMENTS. 


1877-1879. 
TNT Fe i ye eee tel cad aia! eee ae! ele a elWle ke ata Ve we eee ee President. 
CSET Ney ee Ea Tee og folie se nn s iss. aceie ie bee see Street Conimissioner, 
ASLO my Oy Re Heh BGS Met ek hy OR Aner eee ae Water Commissioner. 
TG VLD Cee a OR Lo eG 6 ne ne aoe a Sewer Commissioner. 
+JAMES C. MOORE , | [ ps Nees 
*OHARLES PREIPFER foot HWarbor and Wharf Commissioner. 
Be eB re clea de iclais edie eo eiein He die eee os Park Commissioner. 
. Emory S. Foster, Secretary. 
tResigned July 10, 1878. *Qualified July 11, 1878. 
1879-1883. 
Eater a oe te re re elie ocd lg dacdls eleteleje svcd dus eces sence President. 
OPEL CO MER ee ae i eh icland ciclo css fare sae aiele ee ees Street Commissioner. 
SE PE bere Peet ee a eee eT chars, ake lea: Hdd wiefalsle se ee Se 0 we Water Commissioner. 
Aare een ty che w ain hae wk dib’s. © Sewer Commissioner. 
T CHARGES Pe) Bere Boat a es ete whee Shee aoe aps Harbor and Wharf Commissioner. 
YE TER OSM DIENT EEG Ol Wile 1 een fa OA Oe a ee ee SE Ce a Park Commissioner. 
Emory 8S. Foster, Secretary. 
fResigned April 30, 1881. *Qualified May 3, 1881. *Died Feb. 17, 1883. 
1883-1887. 
ELSE DE Re Pee ey ae erm en sr, oY 6 al ale aie Sob lw oh ele Bae eae ewe President. 
ch OD Pe Vie PCN ip Lea cde ie Ae ek kai So ew uel Street Commissioner. 
THOS 7 5eee WV ELUT AINe eh Be ccae ons Perc aed ain Gs si tier vale et obit 6 sedan lo: 8 Water Commissioner. 
FO) B Bee td ee Pe etc re Soh IU ce S20 og care! poles wes Sewer Commissioner. 
J OTT N VALE CL eee paren ere ee ene Ne TR ce a sa Harbor and Wharf Commissioner. 
ELS GEEIN is Wr ta ae ee ee ca. Gtk dia ace-wente Wie ee oe Ge Park Commissioner. 
Emory S. Foster, Secretary. 
1887-1891. 
*HENRY FLAD, era 
+GEORGE BURNET, \ See Bes A ae RS CRONE President. 
tJOHN W. TURNER, 
CRUG GORE ee Eta a ee er ee Re be Street Commissioner. 
M. J. MURPHY, 


MS Ca Ga ee Ee, a Abd Se Rc clély ova ae eae « Water Commissioner. 


EA Aan Pea oe oh Ulan eet ails. elie gla kx do's @ are Sewer Commissioner. 
VM. J. MURPHY, at 
||DAN ABLE, \ STANT cere woes ets elt ohe saree deka ve Harbor and Wharf Commissioner. 
HE GBA Ue a Ve ere ree Ge a cc cee etlcees Park Commissioner. 
Emory S. FOSTER, Secretary. 
*Resigned May 7, 1890. eQualified September 24, 1890. 
{Qualified May 24, 1890. q Resigned September 24, 1890. 


iResigned October 23, 1888. 


ualified September 24, 1890. 
$Qualified October 24, 1888, and resigned May 23, 1890. lig : 


XXII BOARDS OF PUBLIC IMPROVEMENTS. 


1891-1895. 
*GEORGE BURNET, 
+ROBERT BE. McMATH, [itt tte eet e eee cet e eee es President. 
Med. MURPHY iio tetanic eyeke conn a poe ouais lv nt as nec ar tae SIH ate Street Commissioner. 
Mo Ta EO MAIN Be ae Aa lee 8 ea Oe a sD Water Commissioner 
Re Ro SOG THAR D ce Woe oie csw cco ais ote eee oh det cree ie Pree ae eee Uk Sewer Commissioner. 
DAN)? A BIB ere vatiaee eee Ria a aera each ae, eens Harbor and Wharf Commissioner. 
JOHN? Ps BRHCHTHR ec Seek SOR eee eee ae) eee ee ee ee Park Commissioner. 
Emory S. Foster, Secretary. 
*Term expired April 18, 1893. TQualified April 19, 1893. 
1895-1899. 
ROBERT.*H.: MOMATH oho ett ee oe eg ertee ora HA gt ae Oe President. 
ALU INS EMTLIN BER eos tea coe er OE ee en ae ee Street Commissioner. 
Mor HOTDMGAN Cr ec arte aaa iets ag eer ee Water Commissioner. 
Bis BH UCOLBY ce a eee rok 8 ee is a ee Te te Sewer Commissioner. 
CoE STON Bis hee ee at Sc cee ng mm Harbor and Wharf Commissioner. 
SOD RT DG TRY he eas Te Aa oe Park Commissioner. 
Emory S. Foster, Secretary. 
1899-1903. 
*ROBERT E. McMATH, President 
+HIR AM PHITIEPS! 2 [one rn Pe ne toh ieee sai ont aie resident. 
CHARTERS “VARREL MADINA Omit, anata Street Commissioner. 
EDWARD PTLAD ls ies catdeee acne ip Mera ty ened: Tecan ned ee eae Water Commissioner 
Be Av HER MGA NIN cgi ae elena ete eee alg een etc MAN ake Ben Pea os Sewer Commissioner. 
rape Bak ap Ge PD ON AUNT Os ATR Ca Harbor and Wharf Commissioner. 
Bik RIDGUM Y 8 Po le eat taku seas eee ee ois Ra nit cae Eee Park Commissioner. 
Emory S. FOSTER, ) q 
WALLER EDWARDS, \ Secretary. 
*Term expired April, 1901. §Resigned April, 1901. 
*Qualified April, 1901, for term ending April, 1905. [Qualified April, 1901. 
tDied in office; Joseph P. Whyte appointed as successor. 
1903-1907. 
*HIRAM PHILLIPS, iia prasident 


tA. J. O REILLY, i 
tCHARLES VARRELMANN, \ 
q FRANK F. VALLIANT, 
@BEN C. ADKINS........... Sib atone aly Suregaye whet dye ence tacts carne e tems Water Commissioner. 
gFRANK W. VALLIANT, \ 

||H. R. FARDWELL, 


eh a tm 10; .¢,-0' ew fall te, 6) 18) Te: ere lesen e).% Ley eee [66 w/e Brie ¢ 6a 


o'tb seca le tial eos Leh e ee heh Ae. se! eee Lele we) SPR tele. Lemna Nee eae Ween e. 


@ WALLER EDWARDS, 


Secretary. 

+W. B. DRYDEN, } > 

*Term expired April, 1905. §Qualified for term ending April, 1907. 
SHesionad: to take effect June 1, 1905. +Qualified TOT term ending April, 1909. 
||Appointed June 2. 1905. ¢eResigned April 21, 1905. 

4 Appointed May 17, 1905, to take effect June 1, 1905. , 


MUNICIPAL OFFICERS. Pek as 


1907-1911. 
Teeny PUTO L ils Y CCREMIERI eee PRR Cicce cece ek cbdecuacedevewgdwasat President. 
Peper Coes od AV etree Ae Tete aie 'a.'s ‘din 's oo) oe W a al ece pane sca es Street Commissioner. 
ESRI Ce: ALLIES EL eet I a test sh si Long ale on sa did s dihla we sie ces Water Commissioner. 
ene ets AECL Raa ee cite al gicidls alals’s ei aic'aas cies as sienes Sewer Commissioner. 
Te Pals PCy BRIE INOUE Cees dav aS ocr ae st uec eben ces Park Commissioner. 
TIOSEPH Po WHEHYUWE Peietit age 4 cs he Bde ety EA hE Harbor and Wharf Commissioner. 


W. B. DRYDEN, Sonretney 
*Qualified for term ending April, 1909. fQualified for term ending April, 1911. 


MUNICIPAL OFFICERS. 


(Elected. ) 
EXECUTIVE AND ADMINISTRATIVE. 


Elected for the term beginning April, 1905, and ending April, 1909. 


eA: tate ee Sek ne ak Nero Sa ie draca scelple- cele whic oe aces oy as cue ave Mayor. 
Pee Co RE Daa te et ares ete ahaa Scheie cide ce oa a President Board of Public Improvements. 
Oy lee Vere ny Le eer eee Pere Nn!) oo! cloaks woudl sueGb-e bool dnt dwenae Comptroller. 
SPE yy eC Neh Cesc Weare elt, Ney Pag cs WR elec etic Shao cius “al eSGoe ab.e else ee tet'e Treasurer. 
be LOTR URGE UWE TCLS UTS teat oe A SS AR A a a Auditor. 
em me, Vat a ee Steer Cee ESS TRS oS a, olaglidihy gl diy siGle eeSiie Wuanels eve. 0 su, e)4 dig eee are Register. 
Cer Leyte Oe tN a he ee Met OPES) Oh le eta erty Mile Cow occa he esa aie le%e W Siethfele'e oe Collector. 
Dre Pee ms Pet es COON Es Peet's Weil <8 aga ipod erae e AkUA tla wo w’e0 wie leis -0lea e's Marshal. 
CD GAR ea ee VoL OPIN ree CA IS coals ajc ecueie we aha ieeny, of Weights and Measures. 
OETN ler Co uk BN mere ceere mde thos ot ay Seer President Board of Assessors. 
A Ca ee CL EUV ING Riemer foetal leis bus, og Gini Ghee a a President of the Council. 


MUNICIPAL OFFICERS. 


(Appointed. ) 


1907 to 1911. 
DEPARTMENT OF PUBLIC IMPROVEMENTS. 


Board of Public Improvements. 


A GFE es tn er ee ova CG a ete ea eld wre bavale os td bee ce he President (elected). 
aD PR at oe ea bei em ts ete eta ons aly Gia Nek an esa al oe che) ai diet'd'e. ae. « Street Commissioner. 
BEN. Gora PN ears oe tiki. ie oo Soe) A RAI IS RES 5 Water Commissioner. 
EP ek Oy ta ee ee En MS eC SG imide gio dele Gas wees Sewer Commissioner 
fed MOM WACO C STL TA Glu. lS De a na ae ee Park Commissioner 
ApS TaN 09209) 2 0d No UY ak Harbor and Wharf Commissioner 


WALTER B. DRYDEN, Secretary. 


ADEE S Ammer Parana terete ee Be Se ce Commissioner of Public Buildings. 
BOARD OF APPEALS FROM THE COMMISSIONER OF PUBLIC BUILDINGS. 


(Appointed by Mayor.) 
HENRY C. HENLEY, 


WM. S. BAMES, four ee steer e eee eee ee taney te cars Architect. 
ok Le te ee Os ee Re OG SCS Diccilw ec aw.a%e ule deeue see ees Master Builder. 
THOMAS B. CARTER........05.-.. Ul ee Supervisor City Lighting. 
DDWARD Ee GQuUrINN eee ees eee x Ware cl oe ay las Pee aes Supervisor of Plumbing. 
ANDREW MEYOR Ge tue ek oe | A Ee City Forester. 


CHAS. HH: JONHIS: Gispcet eee RB A aS UY Se le a RS Smoke Inspector. 


DO. GAs MUNICIPAL OFFICERS. 


LAW DEPARTMENT. 


CHARS -W. SBA ES fis iin Gals Gerdes cir tte bh ota ae Cate eee baa aie ee City Counselor. 
BENJAMIN: BetGHARDNS Ace fe oes oe Sy eioleie eo Sipe wa be nie Din tue ea Associate. 
CHARLES: Pe (WOLLTAMS foie ec ot cre ook ce oie ie ere a rake ee eee Second Associate. 
JAMES: G. McCONEK BY 2s r osc wo ieee win tacy eae erie ie ads te eee eee Se Assistant. 
A: BH ROUDEBUS Hii cite ccc cee ciede leas 0 aia ees aie tee sonata tae eth amen Se ae Second Assistant. 
LEH 'B: BNGLIS Hs a. 06 aa oa he ec eee ahs oe Sins © Geter a ears ae anes fa ee Chief Clerk. 


JUDICIAL DEPARTMENT. 


First District. 


DANIBY OO: Gi TRA GY Aa ure ec et aren tS ce ane crate ee Judge. 
THOMAS -nvAN DERSON wes aids rae eles abit, sat edd sc ete le ean le renee City Attorney. 
JAMES (BIKING tee ere ple eee cre he cee omecan ameter Ot eae Assistant City Attorney. 
JOHNS AS DO WDA Tabs Ou iat pee Si tataee ik iat ete ede ean Rare arn eas ah Cc ee Clerk. 
HDWARE Si PHELAN i sisi eis crete eee ca 2s ert it eg eck rons co sere Assistant Clerk 
J OFEN 2B TL ADMEB ee 50s Rs Cs Sabina fe Gt ee noe ete TO BR ct ot cre ee eee Assistant Clerk 
Second District. 
WILLIAM: JEFFERSON POLGARD iiss sin eictegiertgis stb tea ties © niet a eee Judge. 
MORTIMER BeLibviYateoudeciss eee ato ene 4. Lee ee ee Assistant City Attorney. 
WILLIAM AloCA RIT ERs ps a cate ieee ale aps ree rake eres atte eee eee et Clerk. 
District South of Arsenal 
PRANK MOSK LEPBERS cnr Sbe ete te eis ae eee eee OL Og Nas Seat ences ee Judge. 
ROBERT | ASMERR YY MANS ec ce erty sie en ete eee Assistant City Attorney. 
CHARLNS «J. -COTERTTEN BY inh Sos ork ciere ho teres a ec etoet ee ar uae oe ae Clerk. 
HEALTH DEPARTMENT. 
Board of Health. 
ROLLA WHLUS Ree ricer: oc ce i a ka eae ee Te President, ex-officio (elected). 
BH WHE BGR ER BOND Ti eek llc ere or saie ote aun te este rao) oie Health Commissioner. 
HAMILAONTALVCEGOIRALAIN Rate en, pen ore ae eh a es President Council (elected). 
Ag-CrS TB WAR Decor o oiet cee eee Commissioner of Police (designated by Mayor). 


HARRY McJOHNSON and JOHN V. BROWN, Members. 


W)C? GU -KIRCHNEDR Genie oan ore rniel heen an ae Superintendent of City Hospital. 
HENNE Y<S,. ATKINS Repro ec ease Suet: Superintendent of Insane Hospital. 
OSCAR He ELBRECHT As a2 nieces ie alse Peete Superintendent of Female Hospital. 
MICHA Do DWYER. ge teie ones eet ce eee ee ee ee Superintendent of Quarantine. 
THOS} AS BUCKIDAN D ae iis cere Gee ere ee City*Chemist and Miik Inspector. 


DOWNEY: CocHARRIES 028 ica a i eiack or MOE Os eee ie tee City Bacteriologist. 


MUNICIPAL OFFICERS. XX V 


REVENUE DEPARTMENT. 


cP ee PE CTT Mk blab cir ve cca bass deh accsceses Collector (elected). 


TORGLIN, J) CU ERED ra ES hs ciate chm cele cue cin cs em bcen eels President (elected). 
VE GT A FO od ies Se eer ce sg saa k oe vaiac cba dl ecsie'd a e.¢cvara s Assessor First District. 
Oye BE WN rc ass clk en dd wees ales Assessor Second District. 
A Me PR ee ee i raisin ci eae con werk awh eee wes Assessor Third District. 
EOIN ee ee ee a ic geeks sda eels g deeb awh es ore Assessor Fourth District. 
AMT Bee Ty es eg auld cs wea a eo hieele s isies ale e,0 Assessor Fifth District. 
Ce Ga re ee el ath eis we tk eevee lace ie ve ae be ae Assessor Sixth District. 
Sree se es ek ee ae een uss obo be ews oe ee Assessor Seventh District. 
Mi BVAP SAS RTE RTO VAD Ny Ok Tn ee ne Assessor Eighth District. 
AY et a CCCI a et ee he a ic a atte cielo ene chute bares e's ila Assessor Ninth District. 
WM. JeMOCGKLER?. 47. oo 3 ee a Ee AE oS eae eae Assessor Tenth District. 


Ce PLATT PRC era Pe ee Lane cin da eee a etad ees President (elected). 


(Members appointed each year by the Judges of the Circuit Court to serve.) 


License Division of Revenue Department. 
Be Nt ee ee err ete ia dele lsie ts aK fae Calls Ha’ Ae ae cee eb ve License Collector. 
Board of License Revision (1907). 


(Appointed by Council annually.) 


PENAL AND CHARITABLE INSTITUTIONS. 


Board of Commissioners. 


Dyan ect Le AP eee mr mR LE TCA re Nok dle lslgee ws bldw eect President. 
HARVEY is (CHRISTY 27 =. EDWARD DEVOY, 
LEE SALE, GUSTAV CRAMER, 

NSLS RSS FS gS le ie Secretary. 


ST. LOUIS INDUSTRIAL SCHOOL, OR HOUSE OF REFUGE. 


Board of Managers. 


ROBT. RUTLEDGE, N. K. SALMON, 

W. CHRISTY BRYAN, H. G@. CLEVELAND. 

Ang ONY TOTS oy an FR a a nr a Mayor, Ex-officio. 
AGATE ASOD S GPA BST DS ba ys A ATG Is Re ey ee Superintendent. 
Be des rt Ge MO OT lg oes) ps Go A ORs a Jailer. 
A ph WG OE PV) MG J eh Re ee eee ee Superintendent of Work House. 
WILLIAM EU DEOL RESCG 0 Oe Roc ane A Superintendent of Poor House. 


BOARD OF POLICE COMMISSIONERS. 


(Appointed by the Governor.) 


xXxVI MUNICIPAL OFFICERS. 


BOARD OF POLICE COMMISSION ERS—Continued. 


J SWS RIST OB k Gin se och s te tains Getta Rea a eevee hy eae ce Purchasing Agent. 
ROTDAlW BELS®: He sos ooo tet pap oatnde ote ee etiie Or trc ene eta ne, SA ee ae Mayor, Ex-officio. 
HARRY ..Hy FIO DG DON Cy iis tee cee atten omc aos c Sos atta te fa eealtie eta ican) Secretary. 
HPDMUND PAG REEG Yr aie yecotsts vat pote ie bata! Ups Naka acl, See ste Deena cee as ee ee Chief of Police. 


STEAM BOILERS AND ELEVATORS, INSPECTION DEPARTMENT. 
Board of Engineers. 


JAMES) BOAT ISON GR ect’ Stake se nee Inspector of Boilers and Elevators. 
WALUEF: WAUL AND .GHORGEH: KINGSLAND 5 cio 7 2 cic Ce ee roe Members. 


PUBLIC RECREATION COMMISSION. 


Parke COMMISSIONG? Sy ate ee ete he de a ae ae PHILIP C. SCANLAN (ex-officio). 
HE WILSON Ee ve ee Petre is tice ne ee eee (Term expires December 31, 1908.) 
PRED AGEL BEG ot rita ican Ge eae el ee et a ee a . Hi are 9.9" 
FER USS HL es tar an bee ee ee OE uy s . ganesh iS 
J CEA RE SURE BT Tare cis eee Tee ere te i ae i ‘ano D7. 


BOARD OF COMMISSIONERS OF MULLANPHY EMIGRANT RELIEF FUND. 


(Elected by the Council.) 


JULIUS cl MU HEIN Ceo ais UO ota it Ss oh aL eR cack ee cnn Le President. 

GHO MTS MAA Tino cain eee Rao! enn aa ree WAP ees i ar a ees owe Ear 

LOUIS HILFER, H. W. BALLMAN, 

THEOPHILE PAPIN, FERDINAND P. MEYER, 

VITAL W. GARESCHE, GEO. RATERMANN, 

B. W. FRAUENTHAL, JOHN F. HINES, 

AUGUST KLEYKAMP, EDWARD J. MACKEY. 

DAN’L L. HATTON, 

ROLGAMW HLS G. sin eee vede coe le etek cr enna: Gatun tae ae ween e, PO eee Mayor, Ex-officio. 

PHI DER (Ji (OE UB ye i tee leas oa ence te renee? ie ie Teen ee cee ee ene Secretary. 

WM He GER GTN © aca. ae he netic at eink ae gta ee ak ene eT ee Assistant Secretary. 

MORGAN?}Ss: MATTHEW'S 20 cai eee 0 wae creer eins oie retin nets 5 eens emai Clerk. 

GHORGE Ds BARNET Ty erin ethene be) ape cence oh omen anaes ena ee oe oe Architect. 

MARKET MASTERS. 

JOHN Bit HAG BRB Ye DR crc areas feng ee siete sheet eens Caney errant te Ee ne Union 

PETER AAS STOUR ioe des acc ere Mae a) eI oe etn en ee se Soulard 

JOSHPHYM UR PREY! ice ore ie Re SA as toe eee ead mare i ite gone ee ee South 
WEIGHERS OF SCALES. 

PATRICK <M GH ATID oe rian ome bec te Cteee tae che tane wena hd neta (alee a it Ue caine eek ie ene Bridge. 

GEO. Me NBR ECB ard pode acs ale cree eens Dae tC Ea ele ten: ey eer City Market. 

CHASHSW A GABSSBITT oe i ga layed EE hee GE, De Ge ean, Pn aa Thorpe. 

JOHN ah. (BOY CBee oeias i Votan are ae eee Ran Neier ae oe Commissioner of Supplies 


MUNICIPAL OFFICERS. XXVII 


CHIEF DEPUTIES AND CHIEF ASSISTANTS TO MUNICIPAL OFFICERS. 


(Appointed. ) 


mee ©. CONNEIE Date i kc aed ke ee Mayor’s Secretary. 
WM. M. LOCKWOOD...... PPM ATOR ie aici yi pk a lacvite 4,< First Assistant Comptroller. 
WOSEPH PASQU UE ieee ere ett sous vals eee se es Second Assistant Comptroller. 
RDW AR D-DIEBGE Fe Wei es ne Pee Rise ie ee kk First Deputy Auditor. 
JOHN: PA UD Re ree ee cts ates ot xc kleivie cs eeeie Second Deputy Auditor. 
BRUCH STA Bei rere eee apes tcl'g ence aril ded an 4 ae wie Chief Deputy Collector. 
WM. Po SAMUEL oer. TMT on Sle a wc aia wales’ a lee Assistant Treasurer. 
J.W 2 MCGLOS FE tere re erage. lee in Oe aes ele Deputy Register. 
CHAS: SWEETEN BBN hr ee aah oe ae ee ee Chief Deputy Marshal. 
Di PoOT BR PRN ee ee we ee ors be ns baleen Chief Deputy Assessor. 
CHAS FIs JGRICH A HONO Niet ies ee ks Deputy Commissioner of Supplies. 
WBS WULIN IN a er ee oe aa oper ce tae 6 ata sms nae Assistant Health Commissioner. 
COLL, HOBLIPAHE Ee eee ones Deputy Assessor and Collector of Water Rates. 
JOSEPH PAS QUE ea rertatetes 2G fe ihel eas is 's eg aN ae Assessor of Special Taxes. 
LEO OST EEA US 2a ecm ie aN orle Gy sk ibe vel s. ohe 6 Deputy Assessor of Special Taxes. 
FRED GABEDAi ore ae Assistant to President, Board of Public Improvements. 
GuBoS THROU Pi eae i ins wd es Ge eee Assistant Street Commissioner. 
DW. A RUDY OW A ieee ee emer Pe) So ste kes sy oie Assistant Water Commissioner. 
SOHN Aste OO Kies er uik are ake onc CN yee) Caiiage Assistant Sewer Commissioner. 
GHRORG HOS CE EES Grete ence sherri le ecole Sin be eae General Superintendent of Parks. 


HDWAR DAE ORR Gee tis tes Cee ave ala Chief Deputy of License Collector. 


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